In its affidavit filed in the apex court registry, the Defence ministry said, "The alleged lapses observed by the then COAS, as reflected in the show cause notice, were premeditated and issued in utter disregard to the legal provisions governing the court of inquiry, principles of natural justice. The lapses were vague, based on presumptions and legally and factually not maintainable."
"Evidently, the entire exercise to issue show cause notice was premeditated and as per records, the directions issued in this regard, including imposition of the DV ban and issue of show cause notice were found to be illegal," it said.
The affidavit has been filed in response to a plea of Lt Gen Ravi Dastane alleging favouritism in the selection of Lt Gen Suhag as the Army commander who will succeed the Army Chief.
Lt Gen Suhag's promotion as Army commander was cleared by Gen Bikram Singh soon after V K Singh retired. The ban was also lifted.
Congress sought the resignation of V K Singh as Union Minister, saying the affidavit was an expression of "no confidence" in him.
"This minister cannot remain in the Council of Ministers. It's a matter of detail whether he is removed or he resigns," party spokesperson Abhishek Singhvi told reporters on Tuesday.
