Operation Sindoor | 'Time To Stand By Them & Utilize Their Services' : Supreme Court Stays Release Of In-Service Indian Women Army Officers

The Supreme Court today stayed the release of Women Officers of the Indian Army, who are currently in service, till the next date of hearing.

A bench of Justices Surya Kant and N Kotiswar Singh heard the matter and ordered: "Without creating any equity in their favor, it is directed that all officers-in-service be not relieved till the next date".

The hearing witnessed Justice Kant lauding the efforts of the Indian Army, while underlining that the present situation (reference to India-Pak tensions following the Pahalgam Terror Attack) calls for each citizen to stand by the Army and uplift its morale.

"This is not the time we keep these people running around in the Supreme Court and courtrooms...there is some better place now for them to perform...As on date, we would like their morale to be kept high and high like anything. We will decide everything on merits. Meantime, just utilize their services. It's not your case they are unsuitable kind of officers", said Justice Kant to Additional Solicitor General Aishwarya Bhati.

The matter was listed in particular in relation to one Lt. Col. Geeta Sharma, a Woman Short Service Commission Officer. Appearing for her, Senior Advocate Menaka Guruswamy pointed out that the officer has been relieved from her posting and prayed that she may be allowed to continue in service, as she has not been dismissed thus far. In support of the prayer, Guruswamy also submitted that Colonel Sofiya Qureshi, who led the press briefing about India's 'Operation Sindoor', would not have been able to serve the nation had the Top Court not allowed Permanent Commission for women in the  Babita Puniya's case.

Insofar as the Indian Army's contributions, ASG Bhati voiced a similar sentiment, saying "The nation is sleeping while the Defence forces are awake all night". However, qua Lt. Col. Sharma's case, she pointed out that the Lt. Col. served with distinction in the Army 2011 onwards. In December 2020, the Board considered her entire batch for Permanent Commission, but she was not found fit for the same. She got an extension for 4 years and moved the Armed Forced Tribunal in 2024 at the end of 4th year, but as of today, has been released. The ASG relied on certain Rules to argue that the Lt. Col. is entitled to terminal leave only after release/discharge on completion of terms which is 14 yrs.

In response, Justice Kant stated that the cases will be heard and decided on merits, but in the meantime, the Army may utilize the officers' services. On the ASG's submission that the Army has a steep pyramidical structure, and as such, needs more young officers, the judge said, "You need a blend of both. Experienced officers also...young blood needs to be trained, guided...most important thing, development of mental temperament...when you go to height of 60000 or so...officers are standing there without bothering about anything...there, one feels proud. All of us feel very little before them. That how much they are doing for us".

Ultimately, the Court stayed the relieving of Indian women army officers-in-service till the next date.

Appearance: Senior Advocate Menaka Guruswamy; AoR Amrita Panda; ASG Aishwarya Bhati 

Case Title: LT. COL. POOJA PAL AND ORS. Versus UNION OF INDIA AND ORS., C.A. No. 9747-9757/2024 (and connected cases) 

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