Agnipath Protests: CJI To Decide Listing Of PIL, SC Tells Petitioner; Centre Files Caveat

The plea sought directions to set up an expert committee under the Chairmanship of a retired Supreme Court judge to examine the new model for recruitment to the armed forces.

By Aalok Sensharma
Tue, 21 Jun 2022 01:08 PM IST
Minute Read
Agnipath Protests: CJI To Decide Listing Of PIL, SC Tells Petitioner; Centre Files Caveat
ANI image used for representation

The Supreme Court on Tuesday said that a plea seeking a probe by a Special Investigating Team (SIT) into the damage to public properties during the protests against the Centre's Agnipath scheme will be listed for hearing once Chief Justice of India (CJI) NV Ramana decides in this regard.

"This matter will be placed before the CJI. The CJI will take a call," a vacation bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia said, as reported by news agency PTI.

The plea was filed by advocate Vishal Tiwari. In his plea, Tiwari asked the court to order the Centre and state governments of Bihar, Haryana, Uttar Pradesh, Rajasthan, and Telangana to submit reports of the violence.

It also sought directions to set up an expert committee under the Chairmanship of a retired Supreme Court judge to examine the new model for recruitment to the armed forces.

"The consequence has been far-reaching for the citizens of this country resulting in intensified vandalism and protest leading to severe destruction of public property and goods. This Writ Petition filed under Article 32 of the Constitution of India is in the interest of the public at large and to enforce the fundamental rights of right to life under Article 21 of the Constitution," said the plea, as reported by news agency ANI.

"Such arbitrary and experimental scheme has created havoc in the country with no response from the Respondents, such reluctance and non-action from the concerned governments have led to widespread damage of public good and properties which have been ultimately raised through public money," stated the petition.

"The Rule of Law is at stake and there has been a severe violation of the fundamental right to life of people against the mala fide and arbitrary scheme of the government resulting in such havoc. This situation requires immediate judicial intervention," it further said.

Centre files caveat in SC over Agnipath

Meanwhile, the Centre on Tuesday filed a caveat application in the apex court, urging it to hear the government over the Agnipath scheme. This came after advocate ML Sharma challenged the Agnipath scheme, calling it "illegal and unconstitutional".

"Quash the notification/ press note dated June 14, issued by the Defense Ministry being illegal, unconstitutional and void ab-initio and ultra vires to the Constitution of India in the interest of justice," the PIL stated.

Another plea was filed by advocate Harsh Ajay Singh, who sought directions to the Centre to reconsider the Agnipath scheme. He also sought a stay on its implementation from June 24, 2022.

"Announcement of the scheme has caused nation-wide protest in Bihar, Uttar Pradesh, Telangana, Haryana, Uttarakhand, West Bengal and various other states due to the short-term duration of the scheme in the Indian Army for four years coupled with future uncertainties of the trained 'Agniveers'," the plea stated.

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