Defence Ministry to rephrase order on Gen VK Singh

Ahead of Friday hearing in Supreme Court on Army chief age row, the ministry of defence (MoD) is considering to rephrase its December 30, 2011 order.

In its first hearing, apex court had pointed out a “material legal flaw” in the order by saying Defence Minister AK Antony’s decision of December 30, 2011 as “statutory authority” on the statutory complaint of Gen Singh, against an earlier order of July 21, 2011 by the ministry of defence on his DoB issue, was on “repeated” legal advice from Attorney General GE Vahanvati. The court has given options to the ministry to withdraw the order or it will be quashed by the court.

Sources in the South Block have indicated that the government is contemplating a middle way on the issue. Instead of simply withdrawing the order, government is likely to amend it by removing the opinion of the Attorney General.

“Instead of Attorney General’s opinion, we might take appropriate legal opinion in reply to statutory complaint of the Army chief,” said a source. The ministry has taken decision on this matter after a detailed consultation with Attorney General G Vahanvati and solicitor General Rohington Nariman.

Sources said government has prepared a strong defence for the Friday’s hearing and even the PMO has been informed about the MoD stand.