Army Chief in the Supreme Court (the building pictured here). The battle with the Defence Ministry will be rejoined today. Broadsword brings you updates
Am heading off in a couple of hours to the Supreme Court. Today the government will file its response to the choice that the Supreme Court gave it exactly a week ago: the Honourable Justices observed that the Defence Minister's rejection (on 30th December 2011) of General VK Singh's petition for his date of birth to be recognised as 10th May 1951 appears to be bad in law, since it was based on the Attorney General's legal advice. That advice had "vitiated" Mr Antony's ruling, because the army chief was petitioning again an earlier MoD rejection (on 22nd July 2011) of his birth date request that had also been based on legal advice given by the Attorney General.
This, the judges observed, appeared to be procedurally incorrect because the Attorney General was allowed to influence the ruling on a petition that was directed against a ruling that had been based on his legal advice. This was a conflict of interest.
And so the Supreme Court had given the government a week to decide whether to withdraw Mr Antony's ruling and go back to the 22nd July 2011 position.
According to inside reports, the government has decided to back Mr Antony's rejection of 30th December. And so, the Supreme Court will probably decided today to hear the case and call for a written response from the government.
Stay tuned for updates.