Delhi High Court Issues Notice in Brigadier Rohit Mehta Contempt Petition

The Delhi High Court has issued a notice regarding the contempt petition filed by Brigadier Rohit Mehta. The petition alleges that senior officials from the central government and the army have deliberately failed to comply with two orders from the Armed Forces Tribunal (AFT), which instructed a reconsideration of his promotion to Major General. Justice Mini Pushkarna has requested responses from the respondents and scheduled the next hearing for August 19, 2026. This petition has been filed against the Government of India, the Chief of Army Staff, and the Military Secretary under the 'Contempt of Courts Act'. It claims that the orders issued by the AFT on April 2 and May 15, 2026, have been willfully ignored.

According to the petitioner, despite specific instructions to convene the Number 1 Selection Board to reconsider his case along with his original 1992 batch, the officials have not adhered to the stipulated timeline. Senior advocate Nalin Kohli, representing Brigadier Mehta, informed the court that they are pursuing this matter "with a heavy heart" and feel they have no other option given the circumstances faced by the esteemed army officer. He argued that despite repeated judicial directives, the respondents have failed to comply with the tribunal's orders, citing a Supreme Court ruling that there is no defense against issuing delayed appeal notices after a contempt petition has been filed.

The respondents' attorney opposed the contempt petition, stating that an appeal challenging the AFT's orders has already been filed and is expected to be listed "within a day or two." The attorney emphasized that they are not "backing down" from the proceedings but are exercising their legal right to challenge the tribunal's decision in the appellate forum. The petition notes that the AFT, in its decision on April 2, 2026, denied intervention in Brigadier Mehta's confidential report (CR-5) but acknowledged that, in the interest of fair and equal career advancement, he should be given the opportunity for a 'Special Review (Fresh)' for promotion to Major General by the Number 1 Selection Board. The tribunal directed that this process be completed within three months.

The petition states that instead of implementing the directives, the respondents filed a review application before the AFT. This review application was dismissed on May 15, 2026, with the tribunal ordering compliance within a month.

Brigadier Mehta claims that even after the deadline expired, the officials neither convened the selection board meeting nor communicated any decision regarding his promotion. The petition further states that Brigadier Mehta is set to retire on October 31, 2026. He argues that any further delays would render the relief granted by the tribunal ineffective, as receiving the promotion would entitle him to remain in service for an additional two years. It is also alleged that the respondents' ongoing inaction constitutes a willful disregard for the tribunal's binding directives.