General V K Singh – Date of Birth

Some one forwarded me a e-mail……I have reproduced it down below.
I do not know whether it is authentic or fake.
A google search on ABHIJIT+BHATTACHARYYA did not throw up any result.
But the issues are not as simple as made out by the so called author.

The author has written:
There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

But the author, claiming to be a Supreme Court Advocate, has not given any details of the decision – citations as they are legally termed. There have many cases involving the date of birth of Government officials at various levels.
To start with the rules relating to age dispute and a few decisions are clear.

But it would be wrong to say that the Supreme Court has ruled that  the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).  Presuming that there is such a decision, I would have to go through the Supreme Court decision and the context in which the Court made the observations.

I do not know the full facts of V K Singh’s case. Therefore, at this stage, I would not like to make any comments.

The matter is coming up before the Supreme Court this week itself and all the relevant facts would be placed before the Court by the General and by the Government of India. Then I will write again.
But at the present, I can only say that the Supreme Court does not normally directly entertain such disputes. The High Court and other courts are there to start with.

I am giving the Generals profile collected from the internet.

General V K Singh’s profile

V K Singh | Facebook
http://www.facebook.com/pages/V-K-Singh/112951392052154 – Cached

V K Singh | Facebook. From Wikipedia, the free encyclopedia. General Vijay Kumar Singh PVSM, AVSM, YSM, ADC (born 10 May 1950) is the 26th General of

http://www.facebook.com/pages/V-K-Singh/112951392052154

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From Wikipedia, the free encyclopedia

General Vijay Kumar Singh PVSM, AVSM, YSM, ADC is the 26th General of the Indian Army and currently the Chief of Army Staff.

Early life and education

Vijay Kumar Singh comes from Bapora village in Bhiwani district of Haryana state. Singh is a third-generation officer. His father was a Colonel in the Indian Army and grandfather a senior Junior Commissioned Officer (JCO). Singh was educted at Birla Public School, Pilani, Rajasthan.

Military career

Singh was commissioned into the 2nd Battalion of The Rajput Regiment (Kali Chindi) on 14 June 1970. He went on to command the same unit when it was positioned along the Line of Control with Pakistan.

He graduated from the Defence Services Staff College as a honours graduate of the United States Army Infantry School, a graduate of the Rangers Course at Fort Benning and the United States Army War College in Carlisle, Pennsylvania. In the US for the Rangers course, he came first in combat operations.

Note : The date of birth given here is 10 May 1950

 

The following is the full text of the e-mail

 

WITH BEST COMPLIMENTS FROM ABHIJIT BHATTACHARYYA ADVOCATE SUPREME COURT OF INDIA. THISHAS BEEN RECEIVED FROM A FRIEND OF MINE. MAY LIKE TO SEE AND KNOW THE TRUTH. SATYAMEVE JAYATE

By Jay Bhattacharjee
18 January 2012

THE PRESENT GOI PURSUES ITS CRIMINAL AGENDA OF

DESTROYING THE INDIAN ARMED FORCES

LET US WISH GEN. V.K. SINGH ALL THE BEST IN HIS STRUGGLE

TO COMBAT THIS VENAL ORGANISATION (THE PRESENT GOVT. OF INDIA)

______________________________________________________________________

I suppose the entire affair had to come to this stage. The soldiers’ soldier, V.K. Singh, has been compelled to knock at the doors of the apex court, to defend his honour and integrity and to combat the slurs cast on him  by a vicious gang of babus and netas.

At this stage, it is vital to analyse the issues that are involved in this sordid conspiracy.

Let us look at the undisputed facts :

(1) The COAS, Gen. V.K. Singh (VKS) has at least 11 documents to demonstrate unequivocally that his date of birth  (DOB) is 10th May 1951, not 10th May 1950

(2) The AG’s Branch in the Indian Army is the accepted and unquestioned authority for all documents, records etc. pertaining  to Army personnel. The records of the AG cannot be queried. It is not disputed that the AG’s files show the DOB of VKS as 10th May 1951.

(3) The only document that shows 1950 as the DOB of VKS is that in the Military Secretary’s Office. Now, the MS only determines promotions etc. – in the case of VKS, the DOB data in the MS office is based on the NDA application form that was filled up by the schoolmaster of VKS when he was applying for his NDA admission test.

How many of us at the age of 14 to 15 in the early 1960s to mid 1960s relied on our seniors (whether in the family or in our schools) to help us in completing the admission forms for NDA / university / IIT etc. ? Almost all of us, I can guarantee.

(4) The COAS duly submitted his birth certificate and school certificate to the NDA authorities, showing his 1951 DOB. His entire career in the Army was based on his 1951 DOB until 2006 (see later), when his elevation to Lt. Gen. was under consideration (see later).

He valiantly fought for the country and loyally served the country without ever knowing that there was this anomaly in his DOB records.

(5) Only in 2006, did the anomaly in the records surface. VKS promptly asked for the two conflicting DOBs to be reconciled on the basis of the correct facts (recorded in the AG’s files).

Let it be said categorically that VKS is not asking for / has not asked for his DOB to be changed, as is being made out by some of the muck – raking media. He is only asking for the correct DOB (as per law) to be recorded. There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

This is when the fun and games started. The babus got into the act and the charade commenced, only to reach the stage of the Chief’s Supreme Court petition yesterday.

The denouement is, of course, yet to come, but, in the process, the country and its armed forces have been thrown into this cauldron by the calculated acts of commission and omission by a coterie of dishonest, anti-national and unpatriotic people in Raisina Hill.

Who are the principal actors in this potential Greek tragedy ?

(A) The two former Chiefs of Army Staff JJ Singh and Deepak Kapoor occupy centre stage in this Machiavellian plot. Both of them have highly questionable career records and have served their own interests rather than those of the country and the Army.

Singh was rewarded with a Governorship because of his pliancy when he was Chief. In the case of Kapoor, the disclosure of his venal involvement in the Adarsh affair surely put paid to his post-retirement ambitions but he had already damaged the Army considerably before his Adarsh peccadilloes. JJ Singh, notoriously, was photographed crying in public after his appointment to the COAS was announced. Hardly a Chief who inspired confidence in his officers and men.

These are the two “stalwarts” who bullied, blackmailed and cajoled VKS not to contest his DOB when VKS was being considered for elevation to the post of Army Commander.

Then there is the Attorney General Vahanvati, a squalid little lawyer, who had a murky track record of representing crooks and criminals in the 2G affair and in other matters. This fellow had the audacity to override the written opinions of 4 former CJI’s on the basic validity of the DOB of VKS. And, there is,of course, the wretched Khurshid fellow – the chap can only act as his nature dictates.

The 4 former Chief Justices of India have all said that the DOB of VKS, in the eyes of the law and based on the facts of the case, is 10th May 1951.

However, Vahanvati mian, throws out all law and jurisprudence and gives a notoriously outlandish opinion that the DOB of VKS must stay as 10th May 1950, because, otherwise, the “line of succession” already decided for the next COAS would be affected.

This perverted view is, of course, promptly accepted by Anthony lungiwallah, Salman Khurshid (the low-life Minority-quota wallah), Chiddu Spectrumambaram, and the other assorted deviants in the current GOI’s centre of power. The ever-complicit PM is equally involved, though, later on, the slippery eel will claim he didn’t know what was going on.

Now, what is this gibberish “line of succession” that Mian Vahanvati is talking about ? The Indian Army is not a tinpot monarchy that has these orders of precedence laid out for the top position. Any Army Commander or equivalent, is eligible for appointment as COAS. Certainly, the senior-most, among them,  has been the usual choice, but this seniority is on the basis of a valid DOB scenario for everybody.

Vahanvati cannot say (and must not be allowed to say) that a wrong record of DOB of a current chief must determine the “line of succession”. And that, too, a “Line of Succession”  that was allegedly prescribed in 2006 and in 2008 by two unworthy Army Chiefs ?

This bizarre nonsense must be strongly challenged and refuted.

Now, I am constrained to mention the unmentionable. The logical conclusion of Vahanvati Mian’s and Khurshid’s contortions is that VKS will be succeeded as COAS by Lt. Gen. Bikram Singh, presently heading the  Eastern Command in Kolkata.  Now, why is this development ominous ?

Bikram Singh, indisputably, has a Pakistani daughter-in-law. Why is that a red flag ? Either the PMO, MOD, and the babus – netas in Raisina Hill are dreaming in colour or they are subscribers to the flat-earth theory. Surely, the India – Pakistan interface is not like the U.S. -  Canada scenario. This is not to cast aspersions on the poor lady in question, but to realise that we all live in a real world environment where we cannot take risks with the nation’s security at the highest level. This is not a stage or a platform where we can adopt a posture best described as utopian. Some would say “ostrich like”.

In the past, this country’s leaders like Nehru have taken great risks with our security by adopting this blinkered, naive approach. In the late 1950s and the early 60s, we had a very senior Foreign Service mandarin whose own brother was in the Pakistani foreign service in an equally senior position. For some time, the two brothers were Chiefs of Protocol in India and Pakistan. No one is saying that the IFS mandarin was unpatriotic, but there were grave risks involved – the situation was a recipe for disaster because of the possibility of totally involuntary mistakes.

A similar risk scenario in the late 1950s was when Humayun Kabir (for some time, a Minister in the Union Cabinet) had a first cousin  who the chief of police in East Pakistan.

In the present context, we have to be even more cautious. Therefore, alarm bells must ring when people like Vahanvati and Khursheed, aided and abetted by Antony lungiwallah, Chiddu Chidambaram and MMS, are batting for a person who has an Achilles Heel, admittedly not of his own making.

This is a slightly long piece but I strongly feel that is my duty to pen my thoughts.

Let us hope the Supreme Court gives justice to the brave General.

In the meantime, I can only wish him courage and fortitude,  and offer him my unflinching support. My fellow citizens will do the same, I know.

Jai Hind.

Jay Bhattacharjee

PERICLES : FUNERAL ORATION (431 BC)

“The greatness of Athens has been acquired by men who knew their duty and had the courage to do it, who, in the hour of conflict, had the fear of dishonour always present in them, who, if ever they failed in an enterprise, would not allow their virtues to be lost to their country, but freely gave their lives to her as the fairest offering which they could present at her feet”.

P.S. These noble thoughts, I know, will be totally alien to the despicable bunch of reprobates in Raisina Hill.

Binoy Gupta

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14 thoughts on “General V K Singh – Date of Birth

  1. 20 January 2012 – The Supreme Court today dismissed the Grenadiers Association’s PIL in the controversy surrounding Army Chief General VK Singh’s date of birth. The apex court gave no reasons for rejecting the PIL and said that such an application made by an organisation which is not a party to the case is not admissible.

    “In our view, the writ petition filed at the behest of an association is not maintainable. The writ petition is dismissed as not maintainable,” a bench headed by Chief Justice S H Kapadia said.

    The Supreme Court also expressed displeasure over annexing the opinion of four former Chief Justices in the petition on the issue.

  2. The curtain drops on the General’s age dispute. The Supreme Court follows its earlier decisions on the issue.

    February 10, 2012: The two-judge bench of the Supreme Court comprising Justice R M Lodha and Justice H L Gokhale upheld the government’s decision on General V K Singh’s age today and directed him to accept May 10, 1950, entered in his Union Public Service Commission (UPSC) for admission to the National Defence Academy, as his date of birth for service matters.
    The Court told the General that he had to abide by his commitment and honour his letters of 2008 and 2009 accepting the date of birth as May 10, 1950, and he cannot resile on it now,
    The Court also asked the General to give an undertaking that he would accept his date of birth as May 10, 1950 within the next 48 hours.
    General Singh’s date of birth in Union Public Service Commission (UPSC) records is May 10, 1950 while he claims that he was born on May 10, 1951, which is also mentioned in his matriculation certificate. The court told the General that the UPSC document was the most relevant document for recognition of age.
    The judges questioned General Singh on his petition, asking him why he did not get his date of birth corrected with the UPSC that had recorded it as May 10, 1950. General Singh was also asked what made him fill the Indian Military Academy form mentioning his date of birth as May 10, 1950.
    The bench pointed out that all documents at threshold when General Singh joined the National Defence Academy and the IMA recorded his date of birth as May 10, 1950, which the Defence Ministry maintains is the official records.
    The court gave General Singh an option to withdraw his petition or else it would pass an order making it clear that that no prejudice was done to General Singh and the government decision on his date of birth will continue to be May 10, 1950.

    There after, the General withdrew his petition. He would now retire in May this year

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