Today, On 7th February, The Supreme Court, led by CJI Sanjiv Khanna, refused to entertain a PIL filed by a former Army officer regarding the 1999 Kargil War. The court emphasized that matters of national defense fall within the executive’s domain and are not typically subject to judicial review. CJI Khanna stated, “The judiciary normally does not interfere in national defense,” reinforcing the separation of powers. The PIL sought intervention in decisions related to the war, but the court upheld the executive’s authority in military affairs.
New Delhi: The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) filed by a former Army officer, Manish Bhatnagar, who alleged that the Army failed to act on credible information regarding Pakistan’s incursions prior to the 1999 Kargil War.
A bench consisting of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar stated,
“The judiciary normally does not go into the matter of national defence… what happened in 1999 in the war is an internal matter relating to executive decision.”
Bhatnagar claimed that he had provided significant information about the Kargil incursions as early as January-February 1999, but that it was ignored by his superiors. He also expressed concerns over how the intrusions were handled during military operations.
After sensing the court’s likely stance, Bhatnagar requested to withdraw the PIL, which the court permitted. He noted that he had been court-martialled on other grounds and forced to leave the Army when a full-scale conflict erupted. The Kargil War occurred from May to July 1999, following the detection of Pakistani fighters on the Indian side.
The PIL filed by a retired Army officer who raised concerns over the strategic handling of the Kargil War and the sacrifices made by soldiers during the conflict. The petitioner sought an inquiry into alleged lapses in intelligence, military preparedness, and the role of policymakers in handling the disruption by Pakistani forces and militants into Indian territory.
The petitioner contended that transparency and accountability were necessary to ensure that past mistakes were not repeated and to uphold the sacrifices made by the armed forces. He argued that an independent review could provide lessons for the future and strengthen national security policies.
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The Kargil War took place between May and July 1999 after Pakistani forces and militants infiltrated Indian territory in the Kargil sector of Jammu and Kashmir. The Indian Army launched a successful counteroffensive, regaining lost positions after intense combat. The conflict resulted in significant casualties on both sides but ultimately ended in India’s favor.
The war led to various military and strategic reforms, including better border surveillance, improved intelligence-sharing, and advancements in defense preparedness. The Kargil Review Committee was established post-war to assess the lapses and recommend corrective measures.
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