Voice of ex-servicemen society (regtd) along with petitioner Veernari Smt Jasbir Kaur aged 70 yrs old wife of soldier PoW(Prisoner of War) of 1971 Indo pak war filed a PIL writ petition under Article 32 of Constitution of India. Honourable supreme court admitted the case 5 days back with notice to Govt of India including Indian Army.
Writ seeking issuance of specific guideline and direction for enforcement of FUNDAMENTAL RIGHT, RIGHT TO LIFE AND PERSONAL LIBERTY (A/21) RIGHT TO EQUALITY BEFORE LAW(A/14) & GENEVA CONVENTION FOR POW to the ill treatment with war hero become Prisoner of war (PoW) and not returned by Pakistan Govt due to lack of gross negligence, inappropriate approach of our govt.
30 lakhs ex-servicemen soldiers, 1.5 crores relatives and 130 crores citizen of india ask favour for family of POW soldier sacrificed life for the nation.The Issues had been raised in petition are
(1) whether the Right to life and liberty guaranteed under Art 21 , UNHR & Geneva convention for treatment of PoW is fillowed in this case .
(2) Release of 93 thousand Pakistani captured soldiers by Indian Army laid by contemporary PM Late Indira Gandhi is questionable and gross careless taking cognigence to release 54 Indian PoW. Due to that these soldiers are still in illegal custody of Pakistani Govt.
(3) Whether Indian Armed forces rules, regulation and orders are outdated as not capable to deal with indian Armed forces/soldiers viz Army Rule 178, 179 which is faul play, self enhancement motive, negligence, act of commission and ommision by
any person subject to Armed forces Act for jeopardising the national security, territorial integrity and safety.
(4) Whether Govt should not take up the issue with foreign platform under various international law like
(i) ICCPR ( International Covenant of Civil & Political Right) 1966
(ii)UNCHR(United Nation Commission on Human Right) 1946
(iii) UDHR(Universal Declaration on Human Right )1946
(iv)Article of 34, 40 and 41 of International Court of Justice statutes
deals international Bill of HR covenant take adm/Judicial/Legislative measure in order to protect the right & effective measures on custodial torture of war hero/PoW.
Nothing but least the scope of reforms in the colonial provision adopted from the British rule inter alia the armed forces act, rules and defence provision made thereunder respondent various responsible authorities of Govt of India seems to have not followed even the said mandatory legal provision regulate the soldiers issues in constitution of India.
Refer case recently admitted by HSC
Veernari Smt Jagjeet Kaur & General Secretary Voice of ex-servicemen Society (regtd) Sh Birbahadur Singh
Verses
Union of India 2022
During history of India Voice of ex-servicemen society is the first registerd organisation formed exclusively for the welfare of Veernari, martyr soldiers and retd defence forces who raised and brought their legitimate rights with Hon’ble Supreme Court of india and government of india.
SC issues notice to Centre on plea seeking return of PoWs held in Pakistan-https://indianexpress.com/article/india/sc-notice-centre-plea-pows-pakistan-7868127/lite/?utm_source=Whatsapp
Supreme Court notice to Centre on plea by Pak-detained Major’s wife seeking ICJ proceedings against Pakistan to release Indian PoWs | https://www.barandbench.com/news/litigation/supreme-court-notice-to-centre-in-plea-by-pak-detained-majors-wife-seeking-icj-proceedings-against-pakistan-to-release-indian-pows
https://drive.google.com/file/d/16szTsRgQMl7Us0k6CjR7_I0Eoglrhl4c/view?usp=drivesdk
(Jitendra Deo)
Head IT Cell
Voice of Ex-servicemen Society (regtd)
