The Supreme Court has dismissed a Public Interest Litigation (PIL) filed by former Army officer Manish Bhatnagar, which alleged lapses by the Army in responding to early warnings about Pakistani incursions prior to the 1999 Kargil War.
Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, presiding over the case, stated that the judiciary typically does not intervene in matters of national defense or executive military decisions. “What happened in 1999 in the war is the internal matter relating to executive decision,” Chief Justice Khanna remarked during the proceedings.
The PIL, brought forth by Panchkula-based Bhatnagar, a former officer of the 5th Battalion of the Parachute Regiment, claimed he had provided credible information regarding the Kargil incursions well before the official recognition and response. Bhatnagar argued his case personally in court but chose to withdraw his plea after sensing the bench’s reluctance to proceed.
“There are certain things where the judiciary should not enter. It will be wrong on our part,” the Chief Justice added, advising Bhatnagar, “you participated in the war and now leave the issues as they are.”
Bhatnagar has been vocal about his early warnings, sent to his superiors as early as January-February 1999, which he claims were ignored. Following the escalation into full-scale conflict, he contends that he was unfairly court-martialed on unrelated charges and forced to leave the Army.
