New Delhi:

The Supreme Court on Tuesday ordered the Indian Army to pay Rs 50,000 costs to the widow of a soldier, who was a part of Operation Rakshak in Jammu and Kashmir.

A bench, headed by Justice Abhay S. Oka, was dealing with a special leave petition filed by the Union government against an order of the Armed Forces Tribunal (AFT) granting the soldier’s wife benefits of Liberalised Family Pension (LFP).

“In our view, in a case like this, the respondent (widow) ought not to have been dragged to this court, and the decision-making authority of the appellants ought to have been sympathetic to the widow of a deceased soldier who died in harness,” the bench, also comprising Justice A.G. Masih, said.

The soldier was part of an ‘Area Domination Patrol’, which was launched for domination of the Rangwar gap in the proximity of the Line of Control (LC) along the Anti-Infiltration Obstacle System (AIOS).

In January 2013, he complained of breathlessness in extreme climatic conditions and the regimental medical officer found his condition very critical.

He could not be air-evacuated due to bad weather and was evacuated on foot. The cause of his death was cardiopulmonary arrest. Initially, his death was classified as a “battle casualty” but was later classified as a “physical casualty” attributable to military service.

The wife of the soldier was granted all terminal benefits, including a special family pension. She moved before the AFT challenging the denial of the Liberalised Family Pension (LFP).

Ultimately, the AFT, in August 2019, allowed her application and directed the Indian Army to grant LFP and ex-gratia lump sum amount payable in case of battle casualties dying in harness.

The respondent authorities argued before the Supreme Court that the view taken by the AFT was “entirely erroneous” as the soldier died due to cardiopulmonary arrest and his case was classified as a “physical casualty” attributable to military service, eligible for a special family pension.

In its judgment, the Supreme Court took note of the fact that initially, the Commanding Officer had categorised the death as a “battle casualty”, and later on, it was changed to a “physical casualty”.

Further, the certificate issued by the Commanding Officer recorded that he was working in extreme climatic conditions on the date of his death.

The top court said that “the death can be attributed to illness caused by extreme climatic conditions” and the case will fall in the category of “Battle Casualties”.

“In this case, the death has occurred as a result of a war-like situation prevailing near LOC. Therefore, we concur with the view taken by the Tribunal,” it added.

Dismissing the Union government’s appeal, the top court said that the AFT judgment would be implemented within a maximum period of three months and ordered respondent authorities to pay the costs quantified as Rs 50,000 to the widow within two months.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

A soldier was killed in the line of duty as the Army thwarted an infiltration bid by terrorists along the Line of Control in Jammu and Kashmir’s Poonch district early Tuesday, the latest in a string of terrorist attacks in the region.

Lance Naik Subash Kumar was injured in the intense gunfight and later succumbed, said officials, adding terrorists too suffered “loss”.

The post-mortem has been conducted and the soldier’s body handed over to the Army, a police officer said.
A search operation has been launched in the area, the officials said.

There has been a spurt in terror activities in the Jammu in recent months, raising fears about the revival of militancy in the region.

New Delhi:

Congress president Mallikarjun Kharge Tuesday accused the government of using the Army “politically” for elections and claimed the ruling party has hurt its dignity by “capitalising on the popularity of soldiers”.

He claimed the Narendra Modi government has asked the Army to set up selfie points across the country where its schemes will be promoted instead of the bravery of soldiers.

“By capitalising on the popularity of the brave soldiers of our Indian Army who protect the nation, Modi ji is promoting himself. By politically using the army for elections, the Modi government has done something which has never happened in the last 75 years,” Mr Kharge alleged in a post in Hindi on X.

The Modi government has asked the Army to set up 822 selfie points across the country to promote government schemes. There, instead of the story of the bravery of the soldiers, “there is an idol-like image of Prime Minister Modi and praises of his schemes”, the Congress president alleged in the post.

“The Indian National Congress is extremely proud of the bravery and sacrifice of the Indian Army. The BJP, which gives lessons of nationalism, has hurt the dignity of the Indian Army,” Mr Kharge claimed. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The death of Agniveer Amritpal Singh was a case of suicide, the army has said amid a huge row in Punjab over the lack of a guard of honour at his funeral. It also admitted to “some misunderstanding and misrepresentation of facts” related to his death.

Amritpal Singh had died during sentry duty in Rajouri Sector, due to a self-inflicted gunshot injury on October 11, the army said earlier. A court of inquiry is working to ascertain more details, it had said.  

“It is a grave loss to the family and the Indian Army that Agniveer Amritpal Singh had shot himself,” the army said on Sunday. “Armed Forces do not differentiate between the soldiers who joined prior to or after implementation of the Agnipath Scheme as regards entitled benefits and protocols,” read a statement by the army.

Amid opposition protests yesterday over the lack of Guard of Honour, the army said, “The cause of death being a self-inflicted injury, no guard of honour or military funeral was provided, in accordance with the existing policy”.

“Unfortunate instances of death arising out of suicide/ self-inflicted injury, irrespective of the type of entry, are accorded due respect by the Armed Forces along with deep and enduring empathy with the family.  Such cases, however, are not entitled Military Funerals as per the extant Army Order of 1967,” the army has now reiterated.

Data shows on an average, 100 to 140 soldiers have died every year since 2001 by suicide or self-inflicted injuries. In such cases, military funeral is not accorded but the family is given financial assistance as per entitlement, it added.

In a post on X, formerly Twitter, yesterday, Punjab Chief Minister Bhagwant Mann said whatever the army policy, his government’s policy will remain the same for a martyr and it will give Rs 1 crore to the family of the soldier.

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| Photo Credit: PTI

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