Op Sindoor: HC raps Centre over delay in responding to plea by mother of martyred Agniveer

The Bombay High Court on 21 April pulled up the Centre for failing to respond to a petition filed by the mother of an agniveer killed during Operation Sindoor, seeking posthumous benefits on par with regular soldiers.

A bench of Justices Ravindra Ghuge and Hiten Venegaonkar granted the Centre time till 6 May to file its affidavit, warning that failure to do so would invite heavy costs.

The plea has been filed by Jyotibai Naik, mother of Agniveer Murali Naik, who was killed in cross-border shelling in Jammu and Kashmir during Operation Sindoor in May last year.

Court flags delay, warns of consequences

The bench noted that notices had been issued to the Centre in December and again in January, but no response had been filed so far.

“The petition has been pending since last year… There is some urgency. If a reply affidavit is not filed by the next date, we will impose heavy cost,” Justice Ghuge said.

The court made it clear that no further adjournments would be granted.

It also directed the Maharashtra government to file its affidavit and posted the matter for further hearing on 18 June.

Plea challenges denial of benefits

In her petition, Naik has contended that the Centre’s Agnipath scheme creates an “arbitrary” distinction between Agniveers and regular soldiers, resulting in denial of full death benefits to their families.

Murali Naik was killed on 9 May last year in Poonch during heavy cross-border artillery and mortar shelling by Pakistan, as Indian forces carried out Operation Sindoor in response to the Pahalgam terror attack that had left 26 people dead.

The petition, filed through advocates Sandesh More, Hemant Ghadigaonkar and Hitendra Gandhi, argues that Agniveers perform the same duties and face similar risks as regular soldiers but are excluded from long-term pension and welfare benefits.

“The Agnipath scheme expressly excludes Agniveers from post-service pension benefits and other long-term welfare entitlements,” the plea stated.

Compensation, demands for parity

According to the petition, the family received an ex-gratia amount of around Rs 1 crore following Naik’s death, but was not granted a regular family pension or other benefits available to families of regular soldiers killed in action.

The plea seeks directions to the Centre to ensure equal posthumous benefits, including pension, institutional recognition and welfare measures for families of Agniveers who die in service.

It also urges authorities to consider extending such benefits to the petitioner’s family.

Murali Naik had been recruited into the Indian Army in June 2023 under the Agnipath scheme.

Following his death, his mother wrote to multiple authorities seeking parity in benefits, but did not receive a response, according to the petition.

While the plea does not challenge the validity of the Agnipath scheme as a whole, it terms the policy “discriminatory” and alleges violation of fundamental rights, citing unequal treatment between Agniveers and regular soldiers.