New Delhi: The Supreme Court on Friday refused to entertain a PIL filed by a former Army officer alleging lapses on the part of Army in acting on information with regard to Pakistan’s incursions before the 1999 Kargil war.
“The judiciary normally does not go into the matter of national defence…what happened in 1999 in the war is the internal matter relating to executive decision,” a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said.
The bench was hearing a PIL filed by Panchkula-based former Army officer Manish Bhatnagar.
He alleged that he had provided credible information about Kargil incursions much before it was officially taken note of and acted upon.
“There are certain things where the judiciary should not enter. It will be wrong on our part,” the CJI said, adding, “you participated in the war and now leave the issues as they are”.
Sensing the outcome, Bhatnagar, who argued the case, sought withdraw of the PIL which was permitted.
Bhatnagar, a former officer of the 5th Battalion of the Parachute Regiment, had earlier raised questions regarding the discovery of the intrusions and the manner in which these were handled subsequently in the conduct of operations.
He had earlier alleged that his inputs on Kargil intrusion were sent to his seniors as early as January-February 1999 but were ignored.
Bhatnagar had contended that when a full-scale conflict broke out, he was court martialed on another pretext and made to leave the Army.
The Kargil war took place from May to July 1999 after the Army detected Pakistan fighters inside the Indian side.
