Chief Justice of India (CJI) Chandrachud Yesterday (May 6th) voiced his displeasure and concern regarding allegations of gender discrimination in army promotions. The issue gained prominence as he directly questioned the son of a former CJI regarding these allegations. The petitioners were represented by senior lawyer Huzefa Ahmadi, the son of former Chief Justice of India AM Ahmadi, who served as the 26th CJI from October 25, 1994, to March 24, 1997.
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NEW DELHI: Chief Justice of India (CJI) DY Chandrachud presided over a bench that heard a petition regarding allegations of gender discrimination in promotions to the rank of Brigadier in the Indian Army. The case, which attracted significant attention, involved senior lawyer Huzefa Ahmadi representing the petitioners, and Attorney General R. Venkataramani advocating on behalf of the central government.
During the hearing, Ahmadi alleged that the army was contemptuously disregarding court orders, prompting a strong response from CJI Chandrachud.
Attorney General R. Venkataramani began the session by stating that qualifications needed to be analyzed before promotions could be made, asserting that comparisons among officers were essential. CJI Chandrachud responded to the petitioners’ lawyer, Huzefa Ahmadi, stating,
“You have to choose from the available pool of people for promotion, and we can’t say anything on benchmarking. It was our own decision that those officers already in the panel should not be disturbed for promotion, but that order is not to prevent the army from benchmarking.”
Ahmadi countered, saying,
“If they have a special selection board, you also have people without a panel.”
This prompted a strong reaction from CJI Chandrachud, who exclaimed,
“How can you do this? Is this a colonel’s timescale? How can this be decided without benchmarking?”
Following this, the court issued its order.
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In its decision, the Supreme Court noted,
“We are satisfied with the army’s actions; their steps do not violate this court’s orders. Therefore, no contempt is made out in this case.”
However, the court added that the petitioners could explore other remedies under the law.
The petitioners were represented by senior lawyer Huzefa Ahmadi, the son of former Chief Justice of India AM Ahmadi, who served as the 26th CJI from October 25, 1994, to March 24, 1997.
More than 30 female officers holding the rank of Colonel in the Indian Army filed the petition, alleging gender-based discrimination in promotions. They also accused the army of defying Supreme Court orders. The army’s new promotion policy was implemented in the last week of March, and the hearing concerned allegations of discrimination and contempt related to this policy.
The case highlights a significant issue regarding gender discrimination in the Indian Army’s promotion policies. The Supreme Court’s stance, as articulated by CJI Chandrachud, emphasizes the importance of benchmarking and fair evaluation while also allowing the petitioners to pursue other legal remedies if they choose.
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