Armed Forces: After action reports and Annual credential reports – Judicial review of – Case of respondent-Brigadier that Battle Performance Report, After-Action Report, Report of Army Headquarters Military Operations Directorate and Reports submitted by the High-Power Committee regarding Kargil War to be correctly recorded recognising his performance in Operation Vijay – Direction by the tribunal that facts to be correctly entered in the Report at the relevant places – Sustainability of – Held: Not sustainable – After-Action Report is a compilation of the reports submitted by the Officers at the time of engagement – Such reports are collected and maintained for the purposes of future strategic studies and have no adverse consequences in respect of any Officer as no adverse action is taken on the basis of such reports – Also reports do not have any civil consequences, thus, is not subject to judicial review by the tribunal or the Courts – Tribunal or the Court is not the Authority to appreciate the historical facts as it is for the experts and Officers in the Armed Forces to record such facts in terms of the procedure established by them – Furthermore, this Court neither has the expertise nor has the jurisdiction to sit over the reports furnished by the Officers in respect of credit to the Officers involved in the Operation Vijay – Thus, the direction of the tribunal is set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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