INS Khukri plea dismissed

Chandigarh, March 14

Observing that the award of medals for gallantry to defence personnel does not come under the purview of judicial review, the Armed Forces Tribunal (PIL) today dismissed a petition filed for a former Naval sailor, seeking an investigation into and amendment in the official history of the sinking of INS Khukri during the 1971 Indo-Pak war.

The tribunal Bench, comprising Justice NP Gupta and Lt-Gen HS Panag, said the petition, filed by Ropar resident Chanchal Singh Gill, had the flavour, tone and tenor of a public interest litigation (PIL) and the tribunal did not have the mandate to take up PILs.

Giving Gill an opportunity to withdraw his case, the Bench granted him the liberty of filing a fresh petition relating strictly to his personal grievance, if any, without including any extraneous issues.

One of the survivors of INS Khukri, Gill had moved the tribunal in 2010, seeking an inquiry by a judicial commission, withdrawal of gallantry awards from those who had allegedly shown cowardice, including the Commanding Officer of INS Khukri’s sister ship, INS Kirpan, and fixing responsibility for the Navy’s “huge cover-up” after the loss of INS Khukri.

The ship, according to records, was reportedly hit by an enemy torpedo on December 9, 1971, off the coast of Gujarat. Over 18 officers and 176 sailors
were lost.

INS Khukri’s Commanding Officer, Capt MN Mulla, chose not to abandon ship and went down with it. He was decorated with the Maha Vir Chakra.

Stating that the award of gallantry medals was not a “service issue”, as defined under the AFT Act, the Bench asked the petitioner’s counsel to produce or refer to any judgements on record on this issue, which he did not.

Gill’s counsel KS Bains had contended that the award of gallantry medals was an integral part of military functioning and hence, a service matter for all intents and purposes.

More on INS Khukri: http://en.wikipedia.org/wiki/INS_Khukri_(1958)