UNION OF INDIA & ORS. versus BRIG. DEVINDER SINGH
Reports like After-Action Reports, prepared for strategic studies and having no civil consequences, are not subject to judicial review or correction by courts or tribunals; maintenance of such records is the prerogative of military experts and officers, not the judiciary.
Source-derived case information.
- Parties
- Appellant: Union of India & Ors.; Respondent: Brig. Devinder Singh
- Jurisdiction
- India
- Judgment Date
- 23 August 2019
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeals allowed
- Legal Topics
- Judicial Review, Armed Forces Reports, Confidential Documents
Source-derived case record
Summary, issues, holding and outcome
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Parties
Union of India & Ors.
Appellant
Brig. Devinder Singh
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether reports like After-Action Reports and Battle Performance Reports regarding the Kargil War are subject to judicial review and correction by the tribunal or courts
Ratio Decidendi
Reports like After-Action Reports, prepared for strategic studies and having no civil consequences, are not subject to judicial review or correction by courts or tribunals; maintenance of such records is the prerogative of military experts and officers, not the judiciary.
Court Disposition
appeals allowed
Orders
- Set aside Tribunal's direction to correct the After-Action Report and other similar reports.
Full Case Text
Judgment text and source record
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