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Indian Express
26-07-2025
- Politics
- Indian Express
Soldier's death by fellow soldier qualifies as ‘battle casualty', rules Punjab and Haryana High Court
The Punjab and Haryana High Court has upheld an Armed Forces Tribunal (AFT) order granting liberalised family pension to Rukmani Devi, the mother of a soldier who died over three decades ago during Operation Rakshak in Jammu and Kashmir. The court dismissed a writ petition by the Union of India challenging the AFT's February 22, 2022, ruling, holding that the soldier's death from friendly fire during an operational deployment qualifies as a 'battle casualty' under the Ministry of Defence's guidelines. Delivering the order on July 16, a division bench of Justice Anupinder Singh Grewal and Justice Deepak Manchanda said: 'It is manifest that a soldier deployed in a military operation, being shot by a fellow soldier, cannot be in any manner denied the benefits, which would be applicable to those soldiers who are killed in action.' The case arose from the death of Rukmani Devi's son, an Indian Army jawan, who was on duty with Operation Rakshak in Jammu and Kashmir when he suffered a fatal gunshot injury on October 21, 1991, fired by another soldier. Army Air Defence Records, through Part-II Order No. 01/BC/05/002 dated August 27, 1992, had categorised his death as a 'battle casualty.' However, the claim for liberalised family pension remained unresolved for decades. In 2018, Rukmani Devi approached the AFT seeking relief. The tribunal directed the government to consider her claim, relying on its own 2017 decision in the case of Harvinder Kaur vs Union of India, where a similar claim was allowed for a widow whose husband had died during Operation Parakram. The Union government appealed, arguing that the cases were not comparable, as Harvinder Kaur's husband had died while the operation was ongoing, whereas Devi's son was killed in 1991. The Centre also objected to the long delay of over 25 years in approaching the tribunal. However, the High Court rejected both arguments. Citing instructions issued by the Ministry of Defence in January 2001, the bench said the benefit of liberalised family pension extends to all armed forces personnel deployed in notified military operations, including those killed by 'acts of violence/attack by extremists, anti-social elements etc' or in other war-like situations. The court reproduced the government's pension categories, noting that the soldier's death fell squarely within Category E of Paragraph 4.1, which covers operational casualties. On the issue of delay, the bench relied on the Supreme Court's 2023 ruling in M.L. Patil vs State of Goa, which held that pension entitlements constitute a 'continuous cause of action.' 'There is no justification at all for denying the arrears of pension…,' the Supreme Court had ruled, and the High Court applied the principle to Devi's case. The bench pointed out that the AFT's 2017 ruling in Harvinder Kaur's case has attained finality, strengthening the claim of similarly placed families. The High Court concluded: 'We do not find any illegality in the impugned order passed by the Tribunal. The petition stands dismissed accordingly.' With the dismissal of the Union government's petition, the AFT's order stands, ensuring that Rukmani Devi receives the liberalised family pension due to her for her son's death in service.
Time of India
17-07-2025
- Business
- Time of India
Case against ex-IAS officer Rajinder Pal Singh for hiding land title defects
Representative image HYDERABAD: A criminal case has been filed against former IAS officer Rajinder Pal Singh and two of his family members in relation to the 2,000 crore real estate project developed on their land in Khajaguda. They were accused of allegedly concealing title defects and stalling the construction of a 30-storey commercial tower on property. Based on the complaint of B Chakradhari, 50, a resident of Adarsh Nagar, on June 21, Central Crime Station (CCS) police registered a case against Rajinder Pal Singh, his wife Harvinder Kaur, and their daughter Mohini Chawla under Sections 318(4) (cheating) read with 61(2) (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS). The complainant purchased office space in the upcoming 'SAS I-Tower' project at Survey No. 19 in Khajaguda village. In his complaint, Chakradhari alleged that the landowners had assured the developer, SAS I-Tower, of a clear and marketable title over 10.32 acres and executed a development agreement-cum-general power of attorney (DAGPA) on Aug 16, 2018. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad "Believing the assurances, the developer raised money by pre-selling units to dozens of buyers, who together invested hundreds of crores," the complaint alleged. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo Construction progressed to roughly 85% before work abruptly stopped by the end of 2024. Subsequent inquiries revealed that Harvinder Kaur had gifted 3.24 acres, about a third of the project land, to another daughter, Chetna Kaur, in 2001. Although Chetna executed a special power of attorney in 2017 authorising her mother to manage 3,500 sq yds, Harvinder allegedly cancelled the 2001 gift deed on March 13, 2017 without her daughter's consent and without disclosing the matter to the developer or buyers. Neither the 2018 DAGPA nor subsequent sale deeds reflected the earlier gift or the unilateral cancellation, constituting deliberate suppression of material facts, the complainant claimed. The title dispute came to light in March 2025 when a public sector bank refused to release a loan of 255 crore to the developer, citing the unresolved share of Chetna Kaur. Without bank funding, SAS I-Tower halted works, leaving investors stranded and prompting Chakradhari, who is president of SAS I Tower Investors' Association, to approach police. On Wednesday, police summoned RP Singh to CCS to question him about the case. "He was examined about the allegations. After recording his version and collecting relevant evidence, he was let off," deputy commissioner of police (DCP) N Swetha said.
