The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) seeking the formation of a separate Gujjar regiment in the Indian Army, calling the plea “absolutely divisive.”
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela came down strongly on the petition, questioning the legal foundation of such a demand and cautioning against the promotion of identity-based regiments. The court’s stern remarks prompted the petitioner’s counsel to withdraw the plea mid-hearing.
“After arguing at some length, the counsel for the petitioner states that she has instructions from the petitioner who is present in the court to withdraw the petition. The same is dismissed as withdrawn,” the bench recorded in its order.
The PIL was filed by Rohan Basoya, who contended that the Gujjar community possesses a storied martial legacy, citing its participation in significant historical and military events including the 1857 revolt and various Indo-Pak wars. He argued that the absence of a dedicated Gujjar regiment was discriminatory, especially since other communities like Sikhs, Jats, Rajputs, Gorkhas, and Dogras have been accorded such recognition within the Indian Army.
Basoya claimed that creating a Gujjar regiment would not only rectify an alleged imbalance in representation but also enhance national security, particularly given the community’s widespread presence in strategic border states such as Jammu and Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab.
However, the bench was unconvinced. It reminded the counsel that a writ of mandamus — the type of direction sought — requires a demonstrable legal right. “Please understand that you are seeking a mandamus. What is the prerequisite for mandamus? There has to be a right vested in you either by any statute or any law or the Constitution. Which is the law which gives you a right to have such a regiment?” the court asked.
The judges further questioned whether there existed any provision in the Constitution or other legal framework that conferred the right to demand a community-specific regiment in the armed forces.
Criticising the basis of the petition, the court cautioned against bringing such community-centric pleas that could fragment the armed forces along ethnic or caste lines, thereby weakening the unity and discipline of India’s military institutions.
The petition had also urged the court to direct the Centre to conduct a feasibility study and implement necessary measures for establishing a Gujjar regiment, but with the petition withdrawn, no further directions were issued.
