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CHANDIGARH: Punjab and Haryana HC said a soldier wounded when he fell into a nullah while searching for terrorists during a counter-insurgency operation was entitled to war injury benefits, adding even accidental injury in action in an operational area was treated as a battle casualty. A division bench of Justice Harsimran Singh and Justice Vikas Suri HC passed the order while dismissing a petition filed by central govt challenging a Nov 22, 2023, order of Chandigarh bench of Armed Forces Tribunal (AFT), granting war injury pension to Havildar Sanjeeb Kumar. Centre’s counsel argued although Havildar Sanjeeb was permanently released under low medical category on Nov 30, 2020, for ‘fracture distal radius’ (wrist fracture) and granted disability pension, AFT’s order of war injury pension was incorrect. Soldier’s counsel contended he was searching for terrorists during his counter-insurgency duty along the Line of Control when he fell into Panar Nullah and got injured. After hearing both parties, HC held operations specifically notified by govt from time to time had been treated under Category E, and any disability arising out of these operations had to be treated as ‘battle casualty’. “Counsel for petitioners (central govt) has not been able to rebut the fact that the soldier was posted in Operation Rakshak on Line of Control between India and Pakistan, notified by govt of India. It was only while searching for terrorists in the area he fell in a nullah and sustained the injury,” HC said.
