Soldier Shot By Fellow Soldier Cannot Be Denied Similar Benefits To Those Killed In Action: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that a soldier who died in friendly fire will be entitled to similar benefits to those who get killed in action.

The Court was considering a Writ Petition against an order passed by the Armed Forces Tribunal, whereby the Government was directed to consider the claim of Liberalized Family Pension of the Respondent, the mother of the deceased.

The Division Bench of Justice Anupinder Singh Grewal and Justice Deepak Manchanda observed, "It is manifest that a soldier deployed in a military operation, being shot by a fellow soldier, cannot be in any manner, denied the benefits, which would be applicable to those soldiers who are killed in action. It also deserves to be noticed that the order of the Tribunal in the case of Smt Harvinder Kaur Vs. Union of India (supra) has attained finality."

The Petitioner was represented by Advocate Dharam Chand Mittal.

Counsel for the Petitioners submitted that the Tribunal erred in relying upon the judgment of the Tribunal in Smt Harvinder Kaur Vs. Union of India and others, although the case of the Respondent is distinguishable as the OA of Harvinder Kaur was allowed on the factum that her husband having participated in ‘Operation Parakram’ had died when the said operation was ongoing.

It was argued that in the present case, the son of the Respondent didn't participate in the said operation and there was an inordinate delay of more than 25 years in filing of the OA in 2018 while her son had expired in 1991.

The Court stated that the son of the Respondent was on duty in ‘Operation Rakshak’ in Jammu and Kashmir, had expired in 1999 due to firearm injury sustained by him when a gunshot had been fired by a fellow soldier.

"This is to be considered as a ‘Battle Casualty’ vide Army Air Defence Records Part-II order No.01/BC/05/002 dated 27.08.1992, as the death has taken place during the said operation and there is no dispute that the son of the respondent No.1 was indeed deployed in ‘Operation Rakshak’ at the time of his death. The instructions issued by the Government of India, Ministry of Defence in the month of January, 2001 are applicable to all the Armed Forces Personnel, who are deployed in the military operations across India. These instructions provide that all disabilities, injuries, accidents and deaths occurring during operations which are notified by the Government, fall under category ‘E’ of Para 4.1 of the said instructions.," the Court observed.

The Petition was accordingly dismissed.

Cause Title: Union of India and others vs. Rukmani Devi and others (2025:PHHC:086212-DB)

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