HC rejects plea to form army Gujjar regiment
The petition filed by Rohan Basoya referred to the tradition in the army to have units such as the Jat Regiment, Sikh Regiment, and Gorkha Regiment and demanded the Union government create a similar arrangement for the Gujjar community as well.
'It's absolutely divisive,' said a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela finding no reason to entertain the petition. 'Which law vests a right to have such a regiment having people of a particular community? Where is that right? There has to be an infringement of the right.'
Finding no response forthcoming, the court warned of dismissing the petition with heavy costs. Basoya chose to withdraw the plea. 'Heard the counsel for the petitioner. After arguing at some length, the counsel for the petitioner says that she has instructions from the petitioner to withdraw the writ. Accordingly, the petition is dismissed as withdrawn,' the order said.
In his petition, Basoya, an advocate, asserted that the community despite having a rich martial legacy by way of its participation in various wars including 1857 revolt, Indo-Pak wars of 1947, 1965, 1971, Kargil war (1999) and counter insurgency operations in Jammu and Kashmir, had not been accorded a dedicated regiment, unlike other communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras. 'Despite this rich martial legacy, they (Gujjars) have not been accorded a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras,' the petition stated.
To be sure, all the examples cited by the petitioner refer to regiments that were formed and christened after communities in the 19th century by the British.
The petitioner's argument was that ' the exclusion of Gujjars from the regimental system, violates Articles 14 and 16, contradicts Indian army precedents and denies rightful recognition of their military contributions.'
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