$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374402026 + W.P.(C) 11652/2026 & CM APPL. 53939/2026 (STAY) UNION OF INDIA & ORS. .....Petitioners Through: Mr. Amit Tiwari, CGSC, Ms Ayushi Srivastava, GP, Mr Arpan Narwal, Mr Kushagra Malik, Mr Ujjwal Tyagi, advs. for UOI. Colonel Avinash D. Hemmady , Lt Col Soma John, Lt Col Tarun Pillai, Major Anish Muralidhar and Capt Himanshu Tyagi, Army. versus MAJ LAUV KUMAR (SS-48893W) .....Respondent Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 13.08.2026 CM APPL. 53938/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application is disposed of. W.P.(C) 11652/2026 & CM APPL. 53939/2026 (STAY) 3. The matter was listed before the Tribunal for hearing and we are informed by the respondent that the hearing was deferred at the behest of the petitioner, however, the said fact is disputed by the learned counsel for the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:50:50 petitioners. 4. It appears that there are two courts of inquiry and both are stayed by the Tribunal through ad-interim orders. 5. Learned counsel for the petitioner has sought to urge that- (a) Both the court of inquiries be set aside and there be a third inquiry which will be conducted by an Officer over and above the rank of the officers, who are presiding over the present court of inquiry, preferrably by Major General. b) Or else the ad-interim order passed by the Armed Forces Tribunal staying the second court of inquiry be vacated. 6. As regards the stay to the second court of inquiry is concerned, we are informed that the same is ad-interim in nature. That being so, we permit the petitioner to move before the Tribunal seeking vacation of the stay to the second court of inquiry. As regards the first proposal is concerned, learned counsel for the respondent for the time being is not in agreement to the same. Keeping such a proposal open for consideration, even before the Tribunal, we deem it appropriate to dispose of the petition. 7. We further make it clear that, in case, if the request is made by the petitioner for vacation of ad-interim relief whereby, stay was granted to second court of inquiry and even if the Tribunal is short of time in deciding the very proceedings itself on merit, such request of the petitioner be considered expeditiously. 8. With the aforesaid directions, the present petition is disposed of. 9. Pending application(s), if any, also stand disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:50:50 10. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J AUGUST 13, 2026/kr/sg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:50:50