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March 5, 1999

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Delhi high court rejects petition on Bhagwat's dismissal

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The Delhi high court today dismissed a public interest petition challenging the sacking of Admiral Vishnu Bhagwat as the chief of the naval staff on December 30 and seeking his reinstatement.

A division bench of the court consisting of Acting Chief Justice Devinder Gupta and Justice K S Gupta dismissed the petition on the ground of maintainability since Admiral Bhagwat had not approached the court in person for any relief.

During the last hearing on February 18, Attorney General Soli Sorabjee had raised the question of maintainability of the petition and the locus standi of the petitioner in approaching the court with the petition.

The petitioner Wing Commander (retd) H M Sethi argued that since it was a matter concerning one of the highest posts in the defence services, the public at large had a right to know the facts and circumstances leading to Admiral Bhagwat's dismissal.

Sorabjee had submitted during the last hearing that the admiral was himself not interested in approaching the court and no third party intervention could be allowed in the matter.

The court had summoned the records in the matter for the purpose of deciding whether to issue show cause notices on the petition. But after the issue of maintainability cropped up, the bench wanted to decide on the matter prior to the issuance of show cause notices.

UNI

Admiral Bhagwat will appear on the Rediff Chat at 2000 hours IST today. Be there!

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