HC slams CRPF for not considering soldier for gallantry award

NEW DELHI, Jan 1: The Delhi High Court has pulled up CRPF for not considering one of its soldiers for the President’s Police Medal for Gallantry for his act of bravery 22 years ago in a gunfight with terrorist group Khalistan Commando Force (KCF) and sought its reply by January 15.

A bench of justices Kailash Gambhir and Najmi Waziri said the conduct of Central Reserve Police Force (CRPF) deserved the “strongest condemnation” for not forwarding name of Rajesh Shukla for the award on the ground that his recommendation was received a year late.

It directed the Centre and CRPF to consider his name for for the award, within three weeks, so that if found deserving he can be conferred the same on Republic Day, saying he cannot be denied the right to be considered due to “ex-facie lethargy and unexplained administrative delays” by the paramilitary force.

“The manner in which the petitioner has been treated by respondents (Centre and CRPF) deserves strongest condemnation. It is apparent that petitioner (Shukla) was not at fault for delay of over one year in non-sending of his recommendation by CRPF to the Ministry of Home Affairs (MHA).

“When such delay cannot be attributed to the petitioner, which otherwise would lie entirely upon the CRPF, then for their ex-facie lethargy and unexplained administrative delays, the petitioner cannot be denied the right to be considered for the PPMG award,” the court said.

The bench also issued notice to the Centre and CRPF on Shukla’s plea and sought their replies by January 15.

“In our view the government in the cases of these nature should be most sensitive to act with all earnestness and promptness in recognising the brave-hearted soldiers like the petitioner so as to boost the morale of such officers…

“… But instead the respondents have exhibited complete apathy and impassiveness in not even taking the case of the petitioner for consideration for the award,” it noted.

Shukla, in his plea, has said he was recommended for the gallantry award for subduing a deputy chief of KCF despite having received four bullet wounds in the gunfight with the terrorists on night of September 12, 1992.

Shukla’s superior officers had recommended his name, in August 1993 and March 1994, for the gallantry award for his action which prevented the terrorist from escaping and resulted in the terrorist being shot dead by the CRPF contingent, the plea said.

However, in November 2008 he was informed that CRPF headquarters had declined to move his name for the award to the MHA on the ground that his case was received after a gap of one year, it said.

In 2013, he had moved a representation to DG, CRPF, New Delhi with a request to re-open/re-examine the issue, however, “the case of the petitioner did not evoke any attention of the concerned authorities, as it deserved”, the petition said.

While pulling up the government and CRPF for their conduct, the bench observed that “It would be unfair and indeed an act of betrayal by the society, if a soldier deserving recognition for his gallantry is denied the same because of apathy or unexplained bureaucratic delays.”

The court further said, “For a civil society it would be of prime importance to ensure, that the valiant soldiers, who fight for the country by risking their lives, should not go unsung.” (PTI)

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