The Delhi High Court bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar on Monday (February 5) allowed two weeks for the filing of affidavits in a writ filed by Kush Kalra, challenging the prohibition of entry of married female candidates into the Judge Advocate General Department (JAGD) of the Indian Army.

On Monday the counsel for respondents Union of India said he needed some time, but the counsel for the petitioner wanted to take on the matter. The court said counter affidavits will have to be filed within two weeks.

The matter is listed for March 19.

Judge Advocate General Department (JAGD) of the Indian Army is its legal wing, with legally qualified (especially military law) personnel manning its corps, advising the army on legal matters, especially during court marshalls. The position of Judge Advocate General is held by a Major General who is the legal and judicial chief of the Army.

This case at the High Court is about the JAGD’s alleged bias. The writ had originally sought a declaration that such prohibition was unconstitutional and a consequential prayer for issuance of a writ of mandamus was sought.

This prohibition was imposed by a Special Army Instruction. During the pendency of the writ petition, it appears that the respondents have amended that, to additionally prohibit married males into the JAGD.

At the last date of hearing, on November 30, 2017, notice was issued, which was accepted by CGSC Kirtiman Singh. Singh, counsel for the respondent, handed over his reply in court.

—India Legal Bureau