‘No sanction needed for army men’s prosecution’: CBI to SC
The CBI on Friday told the Supreme Court that no sanction was required either under the Armed Forces (Special Powers) Act or Code of Criminal Procedure Code for prosecution of army officers allegedly involved in the fake encounter killings of five persons at Parthibal in Jammu and Kashmir.
Senior counsel for CBI Ashok Bhan told a bench of justices BS Chauhan and Swatanter Kumar that the question of sanction would arise only after cognizance had been take by a magistrate, but in the present decade-old case the army chose to challenge the prosecution at the time of the charge sheet.
‘No sanction needed for army men`s prosecution’
Seven people were gunned down by army personnel on March 25, 2000, at Pathribal in South Kashmir and they were branded as terrorists of Lashker-e-Taiba group who were responsible for the gunning down of 36 Sikhs at Chittisingpura in the same district on the intervening night of March 19-20, 2000.
Citing a catena of apex court judgements, Bhan said, “Sanction is not required. Colour of duty is very important if it is not in accordance with the nature of duty and colour of office then no immunity is available to army officers.
“Institution of the case is not necessarily to be accompanied by sanction and the question of sanction will arise only after cognizance had been taken under 190 CrPC.”
Meanwhile, Additional Solicitor General Mohan Parasaran sought time from the bench for placing on record the Centre’s view on the controversy between CBI and army on the issue.
‘No sanction needed for army men`s prosecution’
Bhan said the so-called weapons recovered from the scene of “fake encounter” was actually planted by army personnel.
“Therefore, it is a case of fake encounter murders which cannot be immune under section 6 and 7 of AFSPA. So it will come under the ordinary penal law of the country, CBI does not need prior sanction,” he said. -via Zee News
‘No sanction needed for army men’s prosecution’: CBI to SC
Potential army chief Bikram Singh gets clean chit.
Monday, 16 January 2012 07:3
Srinagar: The northern army commander, Lt General KT Parnaik, on Sunday virtually exonerated Eastern Command chief Lt General Bikram Singh in a fake-encounter controversy, saying a closure report had been filed after a joint investigation with police.
Singh faces allegations that the I Sector Rashtriya Rifles unit in Kashmir, which he headed in 2001, faked a gunfight to kill a civilian and pass him off as a foreign militant at Janglat Mandi in Anantnag district.
The "encounter" had killed a colonel, a soldier, two civilians and the alleged foreign militant, Mateen Chacha. Singh was left injured.
The allegations arose last year after Singh emerged as the front-runner for the post of army chief following the row over the age of the incumbent, General VK Singh.
click here to read more
Comment: Army alongwith the Police needs to come clean on all fake encounters for which gallantry awards have been dispensed to the cowards. The culprits need to be brought to book!
Showing posts with label AFSPA. Show all posts
Showing posts with label AFSPA. Show all posts
Monday, February 6, 2012
Monday, September 20, 2010
Kashmiris batting for terrorists or AFSPA?
Revisiting AFSPA
Don’t blame it for Kashmir problems
by Gen (retd) V P Malik
Kashmir is burning. Political leaders from the state, civil and human rightists, even the media will have you believe that the Armed Forces (Special Powers) Act 1958 (AFSPA) is responsible for this situation and should be revoked or diluted to help resolve the crisis. The Centre, after looking at the situation in a holistic manner and listening to the armed forces’ advice, finds it difficult to decide.
What is the AFSPA? Why is this Act necessary? But first, let me narrate a real situation that took place 20 years ago. In early 1990 I was commanding a division that had troops deployed for counter-insurgency operations in Manipur, Nagaland and a part of Arunachal Pradesh. During the run-up to the Manipur Assembly elections, a political party leader, in order to garner students’ support and votes, made the removal of the AFSPA a major electoral issue. When he won the elections and became the Chief Minister, I went to call on him. I asked him what he planned to do about the AFSPA. He said that in view of the “popular demand”, he would write to the Home Ministry and have it removed from the state. I told the Chief Minister that it was OK with me. I will pull out troops from the 60-odd posts, concentrate them outside Manipur and train them for their primary role of fighting a conventional war.
“But you cannot do that! What will happen to the law and order situation?” he said. I appreciated his concern and told him politely but firmly that I couldn’t help him to maintain that without a proper legal cover. I said: “I cannot have my subordinates hold me responsible for giving them any unlawful command.” Then, very respectfully I stated, “Sir, the best way out is to create conditions in the state wherein the AFSPA is not necessary. If you and the Centre do not consider and declare Manipur state to be a ‘disturbed area’, the AFSPA cannot be applied. Please do not blame the AFSPA for the problems of Manipur. The fact is that despite several elections in the state, we have not been able to create conditions when this Act need not be applied in Manipur. The armed forces cannot create those conditions. These are primarily of political, ethnic and socio-economic nature, under your charge now.”
Don’t blame it for Kashmir problems... Read more
Related Articles
Changing AFSPA: Air chief cautions against dilution
CHENNAI: Striking a favourable note with the Armed Forces Special Powers Act, Army Chief General V K Singh said on Saturday that the statute “is an enabling provision” and that it “is not arbitrary”.
AFSPA not against Constitution: Army chief
Don’t blame it for Kashmir problems
by Gen (retd) V P Malik
Kashmir is burning. Political leaders from the state, civil and human rightists, even the media will have you believe that the Armed Forces (Special Powers) Act 1958 (AFSPA) is responsible for this situation and should be revoked or diluted to help resolve the crisis. The Centre, after looking at the situation in a holistic manner and listening to the armed forces’ advice, finds it difficult to decide.
What is the AFSPA? Why is this Act necessary? But first, let me narrate a real situation that took place 20 years ago. In early 1990 I was commanding a division that had troops deployed for counter-insurgency operations in Manipur, Nagaland and a part of Arunachal Pradesh. During the run-up to the Manipur Assembly elections, a political party leader, in order to garner students’ support and votes, made the removal of the AFSPA a major electoral issue. When he won the elections and became the Chief Minister, I went to call on him. I asked him what he planned to do about the AFSPA. He said that in view of the “popular demand”, he would write to the Home Ministry and have it removed from the state. I told the Chief Minister that it was OK with me. I will pull out troops from the 60-odd posts, concentrate them outside Manipur and train them for their primary role of fighting a conventional war.
“But you cannot do that! What will happen to the law and order situation?” he said. I appreciated his concern and told him politely but firmly that I couldn’t help him to maintain that without a proper legal cover. I said: “I cannot have my subordinates hold me responsible for giving them any unlawful command.” Then, very respectfully I stated, “Sir, the best way out is to create conditions in the state wherein the AFSPA is not necessary. If you and the Centre do not consider and declare Manipur state to be a ‘disturbed area’, the AFSPA cannot be applied. Please do not blame the AFSPA for the problems of Manipur. The fact is that despite several elections in the state, we have not been able to create conditions when this Act need not be applied in Manipur. The armed forces cannot create those conditions. These are primarily of political, ethnic and socio-economic nature, under your charge now.”
Don’t blame it for Kashmir problems... Read more
Related Articles
Changing AFSPA: Air chief cautions against dilution
CHENNAI: Striking a favourable note with the Armed Forces Special Powers Act, Army Chief General V K Singh said on Saturday that the statute “is an enabling provision” and that it “is not arbitrary”.
AFSPA not against Constitution: Army chief
Saturday, September 11, 2010
False cases against security forces
1,473 "false" cases of HR violation against security forces By Abhijit C Chandra
Bhopal, Sep 10 (UNI) Slamming the proposed dilution of the Armed Forces Special Powers Act (AFSPA), an Indian Army veteran who combated insurgencies for more than half of his 40 years' service points out that --since 1990 -- as many as 1,473 of 1,511 cases of human rights (HR) violation or abuse levelled against security forces (SF) personnel have been proved false.
"Each case was investigated thoroughly -- including by the National Human Rights Commission. In the remaining cases, 104 personnel were punished," Major-General (Retd) Aditya J B Jaini, Ati Vishisht Seva Medal, told UNI.
He was Senior Directing Staff (Army) at the National Defence College, New Delhi, before retirement in 2003.
Enumerating grim statistics, the veteran said, "the number of SF personnel killed by terrorists in Jammu and Kashmir between 1988 and July 5, 2010 is 5,962. Since 1992, the number of officers and men martyred fighting insurgents in Manipur is 939, Asom 783, Meghalaya 81 and Mizoram 22."
Likewise, SF personnel slain fighting naxals since 2005 to July 10, 2010 is 1,226. This year, 204 SF personnel were killed till July 5.
"If SF personnel were 'murderers' they would not have so many of their own killed at the hands of insurgents. Besides, AFSPA enshrines the important caveat that Army personnel can be prosecuted with central sanction. Therefore there is no blanket immunity," said Maj-Gen Jaini.
Dispensation of punishment -- in cases of HR violation -- where any breach is identified, is the "fastest in the Army" as compared to civil courts where cases may linger for years.
The Act is not meant to place the Army or SF above the law but to empower them to function effectively while dealing with situations that have defied resolution through normal means like intervention by civil authority, police action and calls by politicians to maintain calm, he said.
"In counter-insurgency operations, the Army adheres to the cardinal principle of use of minimum force as people we operate against are not enemy but our own countrymen who are misguided. Had it not been so, the rate of casualties to our troops would not have been so high," the veteran explained.
Bhopal, Sep 10 (UNI) Slamming the proposed dilution of the Armed Forces Special Powers Act (AFSPA), an Indian Army veteran who combated insurgencies for more than half of his 40 years' service points out that --since 1990 -- as many as 1,473 of 1,511 cases of human rights (HR) violation or abuse levelled against security forces (SF) personnel have been proved false.
"Each case was investigated thoroughly -- including by the National Human Rights Commission. In the remaining cases, 104 personnel were punished," Major-General (Retd) Aditya J B Jaini, Ati Vishisht Seva Medal, told UNI.
He was Senior Directing Staff (Army) at the National Defence College, New Delhi, before retirement in 2003.
Enumerating grim statistics, the veteran said, "the number of SF personnel killed by terrorists in Jammu and Kashmir between 1988 and July 5, 2010 is 5,962. Since 1992, the number of officers and men martyred fighting insurgents in Manipur is 939, Asom 783, Meghalaya 81 and Mizoram 22."
Likewise, SF personnel slain fighting naxals since 2005 to July 10, 2010 is 1,226. This year, 204 SF personnel were killed till July 5.
"If SF personnel were 'murderers' they would not have so many of their own killed at the hands of insurgents. Besides, AFSPA enshrines the important caveat that Army personnel can be prosecuted with central sanction. Therefore there is no blanket immunity," said Maj-Gen Jaini.
Dispensation of punishment -- in cases of HR violation -- where any breach is identified, is the "fastest in the Army" as compared to civil courts where cases may linger for years.
The Act is not meant to place the Army or SF above the law but to empower them to function effectively while dealing with situations that have defied resolution through normal means like intervention by civil authority, police action and calls by politicians to maintain calm, he said.
"In counter-insurgency operations, the Army adheres to the cardinal principle of use of minimum force as people we operate against are not enemy but our own countrymen who are misguided. Had it not been so, the rate of casualties to our troops would not have been so high," the veteran explained.
Tuesday, September 7, 2010
A modest proposal on AFSPA
The Hindu 05 Sep 2010 by Siddharth Varadarajan
Students of various organisations hold placards during a protest demonstration, demanding withdrawal of Armed Forces Special Powers Act (AFSPA) from northeast and Kashmir, at Jantar Mantar in New Delhi on August 21, 2010. File Photo: S. Subramanium
Change the blanket ban on trials without official sanction to one where the government has the power to bar prosecution in individual cases provided it satisfies the courts that its reasons for doing so are valid.
The Armed Forces (Special Powers) Act has come in for widespread criticism in Jammu and Kashmir, Manipur and other parts of the northeast because of the human rights abuses that have come to be associated with its operation. So strong is the sentiment against AFSPA in Kashmir that in recent months Prime Minister Manmohan Singh, Union Home Minister P. Chidambaram and Jammu and Kashmir Chief Minister Omar Abdullah have all spoken of the need to re-examine the law. The Army, on the other hand, says this is unnecessary.
The Army Chief, General V.K. Singh, has gone so far as to say that the demand for the dilution of AFSPA is being made for “narrow political gains.” On his part, Lt. Gen. B.S. Jaswal, GOC-in-C, Northern Command, has compared the Act to scripture. “I would like to say that the provisions of AFSPA are very pious to me and I think to the entire Indian Army. We have religious books, there are certain guidelines which are given there, but all the members of the religion do not follow it, they break it also … does it imply that you remove the religious book …?”
On paper, AFSPA is a deceptively simple law. First passed in 1958, it comes into play when the government declares a particular part of the northeast (or Jammu and Kashmir under a parallel 1990 law) a “disturbed area.” Within that area, an officer of the armed forces has the power to “fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances.”
Even though activists have made this the focus of their criticism, giving soldiers the “right to kill” is not, in my opinion, AFSPA's principal flaw. After all, if a ‘law and order' situation has arisen which compels the government to deploy the Army, soldiers have to be allowed to use deadly force. Even a private citizen has the right to kill someone in self-defence, though the final word on the legality of her or his action belongs to the courts. Similarly, a civilised society expects that the use of deadly force by the Army must at all times be lawful, necessary and proportionate. Here, the Act suffers from two infirmities: the requirement of prior sanction for prosecution contained in Section 6 often comes in the way when questions arise about the lawfulness of particular actions. Second, AFSPA does not distinguish between a peaceful gathering of five or more persons (even if held in contravention of Section 144 of the Criminal Procedure Code) and a violent mob. Firing upon the latter may sometimes be justified by necessity; shooting into a peaceful assembly would surely fail any test of reasonableness. ...Read more click here
Students of various organisations hold placards during a protest demonstration, demanding withdrawal of Armed Forces Special Powers Act (AFSPA) from northeast and Kashmir, at Jantar Mantar in New Delhi on August 21, 2010. File Photo: S. Subramanium Change the blanket ban on trials without official sanction to one where the government has the power to bar prosecution in individual cases provided it satisfies the courts that its reasons for doing so are valid.
The Armed Forces (Special Powers) Act has come in for widespread criticism in Jammu and Kashmir, Manipur and other parts of the northeast because of the human rights abuses that have come to be associated with its operation. So strong is the sentiment against AFSPA in Kashmir that in recent months Prime Minister Manmohan Singh, Union Home Minister P. Chidambaram and Jammu and Kashmir Chief Minister Omar Abdullah have all spoken of the need to re-examine the law. The Army, on the other hand, says this is unnecessary.
The Army Chief, General V.K. Singh, has gone so far as to say that the demand for the dilution of AFSPA is being made for “narrow political gains.” On his part, Lt. Gen. B.S. Jaswal, GOC-in-C, Northern Command, has compared the Act to scripture. “I would like to say that the provisions of AFSPA are very pious to me and I think to the entire Indian Army. We have religious books, there are certain guidelines which are given there, but all the members of the religion do not follow it, they break it also … does it imply that you remove the religious book …?”
On paper, AFSPA is a deceptively simple law. First passed in 1958, it comes into play when the government declares a particular part of the northeast (or Jammu and Kashmir under a parallel 1990 law) a “disturbed area.” Within that area, an officer of the armed forces has the power to “fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances.”
Even though activists have made this the focus of their criticism, giving soldiers the “right to kill” is not, in my opinion, AFSPA's principal flaw. After all, if a ‘law and order' situation has arisen which compels the government to deploy the Army, soldiers have to be allowed to use deadly force. Even a private citizen has the right to kill someone in self-defence, though the final word on the legality of her or his action belongs to the courts. Similarly, a civilised society expects that the use of deadly force by the Army must at all times be lawful, necessary and proportionate. Here, the Act suffers from two infirmities: the requirement of prior sanction for prosecution contained in Section 6 often comes in the way when questions arise about the lawfulness of particular actions. Second, AFSPA does not distinguish between a peaceful gathering of five or more persons (even if held in contravention of Section 144 of the Criminal Procedure Code) and a violent mob. Firing upon the latter may sometimes be justified by necessity; shooting into a peaceful assembly would surely fail any test of reasonableness. ...Read more click here
Gen Nathu Singh & AFSPA: Readers Views
Dear Chander,
1.Seen a series of 'hagiographic' / hard line mails related to these unrelated topics. Did not wish to follow the long trails, and unable to resist a comment, am resorting to this device.
2. Have interacted- a fairly intense exposure in 1988/89- with the formidable General and admired his overpowering personality and principles even at that stage. Also recall an informal moment with Bipin Joshi in the Chief's office wherein he declared Gen Rajendrasinghji as his most admired Chief.At that time I thought that he was over-indulging his Regimental loyalty! However, the character and selflessness shown by these stalwarts in the 'succession stakes' makes them stand very tall; notwithstanding any warts.
3. The moot point is as to why is this 'model' out of date now-at least in the essential numbers required. Are we not selecting right or developing wrong? I don't buy the line that the 'manufacture' has stopped. My considered view is that, in our obsession with numbers/quantification, we have discounted/ under weighted the non-quantifiable core character values.We tried, not very successfully, to remedy the balance and others have since followed up- but the present systems need radical tweaking. And for that you need creative Leadership like Gen Nathu'- the kind not chained by 'conventional/received wisdom'.
4. Which brings me to AFSPA - the rash of 'conventional' defence of, the content and need for this Act, is getting 'dyspeptic'. Ironically, highly respected and admired colleagues have plugged this line. By definition, LICO are politico-military in nature; the strategic space/objs are public sp vs alienation- the existing CONTEXT can, therefore, not be disregarded.The Valley and Manipur are getting alarmingly alienated.
5. No one can question the need for legal/ prophylactic cover for tps; the issue is how best to package it. Justice REDDY Report provides a take-off platform-but all heels are dug deep in the conventional rut/ turf battles? Also, the lack of synergy and the blame-games are no longer amusing. One hopes that the Army will ultimately play the salvager as always,through some innovative thinking and leadership.
Yogi
Lt Gen YN Sharma, Former Army Commander
I never had the good fortune of knowing the famous and gallant general (Lt Gen Nathu Singh), the account by VK was absolutely spellbinding!
When Gen Nathu Singh was Army Commander, Brig (later Lt Gen K Umrao Singh) was, (perhaps) Chief of Staff. I used have daily and leisurely chats with Gen Umrao on the Ham Radio. I had my 'home brew rig in the corner first floor room in Central Vista Mess (Air Force).
His call sign was VU2US and was popularly know by his 'handle' Uncle Sam (U for uncle and S for sam). We were all very pally and while discussing something, unwittingly, I cracked an old Army joke: Sant Singh is better than Natha Singh (Something is better than Nothing).
Uncle Sam retorted seriously, Rai do'nt repeat that ever because Gen Nathu Singh has just been succeeded by Gen Sant Singh!
Col BK Rai
Former Secretary to Government of India, 3rd Graduates Course of the IMA, Premature Retirement in 1970
Dear Sir,
I had had the privilege of meeting General Thakur Natu Singh at his younger son, Cmde. Ranvijay Singh's residence in Delhi in the mid seventies. He took me into his study and gave me a glass of beer while my wife chatted with pretty Kumud, his daughter-in-law, in another room.
He told me that, contrary to general belief, he was from a humble background. One day when he was playing with other children, the Raja come riding and the other kids ran helter-kelter but he did not. The Raja approached him and asked sternly, " Why have you not run away like the others?" Natu Singh replied that he had done no wrong so why run away. The Raja was impressed by his candour and gave orders to have him brought to the palace and requested his parents to allow their son to be brought up by him. He was first sent to Mayo College and then to Sandhurst.
Hearing this frank admission, and the manner in which he told me made me feel very privilaged to meet a great gentleman. Regrettably, both Ranvijay, a fine Navy pilot, and Kumud, a lovely lady, are no more. As also General Thakur Natu Singh.
Regards,
Hirak Nag
Cdr HK Nag, Joined JSW in August 1952
Dear Chander,
I would like to add that Lt Gen Nathu Singh had two sons in the Services. Pratap Singh the elder, joined our Course- 1st Course (JSW) NDA, while Ranvijay joined the Navy in the 2nd Course. Pratap was commissioned in the Infantry and took premature retirement as a Major to join the tea gardens. I haven't met him since commissioning but about two years ago he had long chat with me on telephone, while staying with Ranvijay at Sainik Farms. No contact with him since. Both the brothers are thorough gentlemen.
SK Bahri
Lt Gen SK Bahri, 1st JSW Course, Former MGO, Army HQ
1.Seen a series of 'hagiographic' / hard line mails related to these unrelated topics. Did not wish to follow the long trails, and unable to resist a comment, am resorting to this device.
2. Have interacted- a fairly intense exposure in 1988/89- with the formidable General and admired his overpowering personality and principles even at that stage. Also recall an informal moment with Bipin Joshi in the Chief's office wherein he declared Gen Rajendrasinghji as his most admired Chief.At that time I thought that he was over-indulging his Regimental loyalty! However, the character and selflessness shown by these stalwarts in the 'succession stakes' makes them stand very tall; notwithstanding any warts.
3. The moot point is as to why is this 'model' out of date now-at least in the essential numbers required. Are we not selecting right or developing wrong? I don't buy the line that the 'manufacture' has stopped. My considered view is that, in our obsession with numbers/quantification, we have discounted/ under weighted the non-quantifiable core character values.We tried, not very successfully, to remedy the balance and others have since followed up- but the present systems need radical tweaking. And for that you need creative Leadership like Gen Nathu'- the kind not chained by 'conventional/received wisdom'.
4. Which brings me to AFSPA - the rash of 'conventional' defence of, the content and need for this Act, is getting 'dyspeptic'. Ironically, highly respected and admired colleagues have plugged this line. By definition, LICO are politico-military in nature; the strategic space/objs are public sp vs alienation- the existing CONTEXT can, therefore, not be disregarded.The Valley and Manipur are getting alarmingly alienated.
5. No one can question the need for legal/ prophylactic cover for tps; the issue is how best to package it. Justice REDDY Report provides a take-off platform-but all heels are dug deep in the conventional rut/ turf battles? Also, the lack of synergy and the blame-games are no longer amusing. One hopes that the Army will ultimately play the salvager as always,through some innovative thinking and leadership.
Yogi
Lt Gen YN Sharma, Former Army Commander
I never had the good fortune of knowing the famous and gallant general (Lt Gen Nathu Singh), the account by VK was absolutely spellbinding!
When Gen Nathu Singh was Army Commander, Brig (later Lt Gen K Umrao Singh) was, (perhaps) Chief of Staff. I used have daily and leisurely chats with Gen Umrao on the Ham Radio. I had my 'home brew rig in the corner first floor room in Central Vista Mess (Air Force).
His call sign was VU2US and was popularly know by his 'handle' Uncle Sam (U for uncle and S for sam). We were all very pally and while discussing something, unwittingly, I cracked an old Army joke: Sant Singh is better than Natha Singh (Something is better than Nothing).
Uncle Sam retorted seriously, Rai do'nt repeat that ever because Gen Nathu Singh has just been succeeded by Gen Sant Singh!
Col BK Rai
Former Secretary to Government of India, 3rd Graduates Course of the IMA, Premature Retirement in 1970
Dear Sir,
I had had the privilege of meeting General Thakur Natu Singh at his younger son, Cmde. Ranvijay Singh's residence in Delhi in the mid seventies. He took me into his study and gave me a glass of beer while my wife chatted with pretty Kumud, his daughter-in-law, in another room.
He told me that, contrary to general belief, he was from a humble background. One day when he was playing with other children, the Raja come riding and the other kids ran helter-kelter but he did not. The Raja approached him and asked sternly, " Why have you not run away like the others?" Natu Singh replied that he had done no wrong so why run away. The Raja was impressed by his candour and gave orders to have him brought to the palace and requested his parents to allow their son to be brought up by him. He was first sent to Mayo College and then to Sandhurst.
Hearing this frank admission, and the manner in which he told me made me feel very privilaged to meet a great gentleman. Regrettably, both Ranvijay, a fine Navy pilot, and Kumud, a lovely lady, are no more. As also General Thakur Natu Singh.
Regards,
Hirak Nag
Cdr HK Nag, Joined JSW in August 1952
Dear Chander,
I would like to add that Lt Gen Nathu Singh had two sons in the Services. Pratap Singh the elder, joined our Course- 1st Course (JSW) NDA, while Ranvijay joined the Navy in the 2nd Course. Pratap was commissioned in the Infantry and took premature retirement as a Major to join the tea gardens. I haven't met him since commissioning but about two years ago he had long chat with me on telephone, while staying with Ranvijay at Sainik Farms. No contact with him since. Both the brothers are thorough gentlemen.
SK Bahri
Lt Gen SK Bahri, 1st JSW Course, Former MGO, Army HQ
Saturday, July 17, 2010
Let us not defame the Armed Forces
Thursday, 15 July, 2010, 8:27 PM
To: The Editor-in-Chief The Pioneer
Sir
Kudos to The Pioneer for the write-up "Let's not defame the armed forces": click here (July 11). The author Mr. Kanchan Gupta has minced no words when he says that it is now considered fashionable and politically correct to berate the security forces and accuse them of violating human rights and worse. He has quoted irrefutable facts and figures from authentic sources and advanced clinching arguments to prove his points.
You certainly cannot ask the Armed Forces to tie their hands at the back and yet fight against terrorists laced with lethal weapons supplied from across the borders and supported by their stooges operating inside the country.
How come, when a perceived "excess" is committed by the military combatants on duty there is so much hue and cry raised by the self-styled "Human Rights" groups and activists, but not a word is uttered or a whine muttered in case of arson, violence and savagery inflicted on innocent citizens and security forces by the fanatical extremists? Why two different norms? Is one life any less valuable than the other?
Warm regards.
Sincerely,
Wg Cdr S.C. KAPOOR (retd)
Related Reading
(Member IESM Veterans' Groups)
Rights for Terrorists Only? by Joginder Singh (The writer was Director, CBI) (ADNI)
Respect the armed forces
By Nand on 7/11/2010 3:18:19 AM
Vox Populi
Again a great article. The human rights activists need the safety of armed forces and then criticizes them. It is sad. Thank you for writing this article and speaking for the behalf of thousands of patriotic Indians who fight for the survival/ freedom of the country.
To: The Editor-in-Chief The Pioneer
Sir
Kudos to The Pioneer for the write-up "Let's not defame the armed forces": click here (July 11). The author Mr. Kanchan Gupta has minced no words when he says that it is now considered fashionable and politically correct to berate the security forces and accuse them of violating human rights and worse. He has quoted irrefutable facts and figures from authentic sources and advanced clinching arguments to prove his points.
You certainly cannot ask the Armed Forces to tie their hands at the back and yet fight against terrorists laced with lethal weapons supplied from across the borders and supported by their stooges operating inside the country.
How come, when a perceived "excess" is committed by the military combatants on duty there is so much hue and cry raised by the self-styled "Human Rights" groups and activists, but not a word is uttered or a whine muttered in case of arson, violence and savagery inflicted on innocent citizens and security forces by the fanatical extremists? Why two different norms? Is one life any less valuable than the other?
Warm regards.
Sincerely,
Wg Cdr S.C. KAPOOR (retd)
Related Reading
(Member IESM Veterans' Groups)
Rights for Terrorists Only? by Joginder Singh (The writer was Director, CBI) (ADNI)
Respect the armed forces
By Nand on 7/11/2010 3:18:19 AM
Vox Populi
Again a great article. The human rights activists need the safety of armed forces and then criticizes them. It is sad. Thank you for writing this article and speaking for the behalf of thousands of patriotic Indians who fight for the survival/ freedom of the country.
Saturday, June 26, 2010
IESM: Illogical to amend AFSPA
Central Chronicle
By Our Staff Reporter
Bhopal, June 25:
Stressing that it will be ''totally illogical'' to either repeal or amend the Armed Forces (Special Powers) Act (AFSPA), an Indian Army veteran opines that while the military leadership by and large has been exemplary it is the political leadership supported by bureaucracy that has failed the country.
''At first stage the government deploys the military to deal with insurgences or other internal threats and then expects them to face the bullets with their hands tied at the back,'' laments Major-General (Retd) Satbir Singh, Sena Medal, who is Vice-Chairman of the Indian Ex-Servicemen Movement.
Despite opposition from the Army and confronted with reports of fake encounters, the Centre is planning to go ahead with certain amendments in the AFSPA that includes handing over of personnel in case of extra-judicial killings to civilian authorities.
''This is highly inhuman. Where are the proponents of human rights? Is a soldier not human? And therefore, has no rights? Why thousands of soldiers have been used as cannon fodder due to reasons of the apathy of the bureaucrat-politician nexuses for not providing them the wherewithal, equipment, weapon systems, clothing etc to appropriately deal with the internal and external threats,'' the veteran said.
Illogical to amend AFSPA: Maj-Gen
AFSPA doesn’t need change- Harsh law helps in the fight against insurgents by Lt-Gen Harwant Singh (retd)
By Our Staff Reporter
Bhopal, June 25:
Stressing that it will be ''totally illogical'' to either repeal or amend the Armed Forces (Special Powers) Act (AFSPA), an Indian Army veteran opines that while the military leadership by and large has been exemplary it is the political leadership supported by bureaucracy that has failed the country.
''At first stage the government deploys the military to deal with insurgences or other internal threats and then expects them to face the bullets with their hands tied at the back,'' laments Major-General (Retd) Satbir Singh, Sena Medal, who is Vice-Chairman of the Indian Ex-Servicemen Movement.
Despite opposition from the Army and confronted with reports of fake encounters, the Centre is planning to go ahead with certain amendments in the AFSPA that includes handing over of personnel in case of extra-judicial killings to civilian authorities.
''This is highly inhuman. Where are the proponents of human rights? Is a soldier not human? And therefore, has no rights? Why thousands of soldiers have been used as cannon fodder due to reasons of the apathy of the bureaucrat-politician nexuses for not providing them the wherewithal, equipment, weapon systems, clothing etc to appropriately deal with the internal and external threats,'' the veteran said.
Illogical to amend AFSPA: Maj-Gen
AFSPA doesn’t need change- Harsh law helps in the fight against insurgents by Lt-Gen Harwant Singh (retd)
Wednesday, June 23, 2010
IESM: Neglect of Armed Forces at Nation’s Peril
IESM: Press Release 22 June 2010
“Neglect of Armed Forces at Nation’s Peril”
Dear members of the Media,
1. One is at loss to know why the Defence Forces, the strongest pillar of our democracy are being neglected? Why are they not been given their entitlements even after the courts have given judgments in their favour? Why there is total lack of understanding both by the political system as well as the bureaucracy of the most difficult task of keeping the country united being performed by the Defence Forces, demonstrating true patriotism, valor, bravery, facing all odds against external and internal threats. The Defence Forces belong to the country and they need to be treated fairly, justifiably and with due respect. Where the civil administration fails which happens more often, the Military is called to face the situation. It has been a record that the military under all circumstances has delivered and saved the country from serious damages. It is totally illogical and illegal to withdraw or amend AFSPA. The military is running out of patience. At first stage the Govt deploys the military to deal with insurgences/ other internal threats and then expects them to face the bullets with their hands tied at the back. This is highly inhuman. Where are the proponents of Human rights? Is a soldier not human? And therefore, has no rights? Why thousands of soldiers have been used as cannon fodder due to reasons of the apathy of the bureaucracy- politicians nexuses for not providing them the wherewithal- equipment, weapon systems, clothing etc. to appropriately deal with the internal and external threats. Military leadership by and large has been exemplary. It is the political leadership supported by bureaucracy which has failed the country. While the principal’s knock on knuckles of the errant students grab the national headlines for days, the death of a soldiers laying down his life for the Security of the nation does not get even half a line in the media. He dies unsung and unrewarded.
2. The numerous letters written by our very senior military leaders and former chiefs high lighting the malaise setting in the Armed Forces due to gross and criminal neglect of the forces both in service and retired to the Govt functionaries ie PM, RM, Home Minister, Law Minister, UPA Chairperson have not been even acknowledged, leave alone taking any action to address the serious malaise. Even the media has not yet highlighted the serious drawbacks of military bashing.
3. We are making open to the Press a few letters written to Mrs Sonia Gandhi, Mr Moily, PM and RM by Lt Gen SK Bahri. We humbly request the press, in the interest of the safety, security and integrity of the Nation, to publish these letters (click here) suitably and bring before the nation the true facts of the issues.
With kind regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Recent ESM letters to Ms Sonia Gandhi, Prime Minister, Home and Law Ministers
“Neglect of Armed Forces at Nation’s Peril”
Dear members of the Media,
1. One is at loss to know why the Defence Forces, the strongest pillar of our democracy are being neglected? Why are they not been given their entitlements even after the courts have given judgments in their favour? Why there is total lack of understanding both by the political system as well as the bureaucracy of the most difficult task of keeping the country united being performed by the Defence Forces, demonstrating true patriotism, valor, bravery, facing all odds against external and internal threats. The Defence Forces belong to the country and they need to be treated fairly, justifiably and with due respect. Where the civil administration fails which happens more often, the Military is called to face the situation. It has been a record that the military under all circumstances has delivered and saved the country from serious damages. It is totally illogical and illegal to withdraw or amend AFSPA. The military is running out of patience. At first stage the Govt deploys the military to deal with insurgences/ other internal threats and then expects them to face the bullets with their hands tied at the back. This is highly inhuman. Where are the proponents of Human rights? Is a soldier not human? And therefore, has no rights? Why thousands of soldiers have been used as cannon fodder due to reasons of the apathy of the bureaucracy- politicians nexuses for not providing them the wherewithal- equipment, weapon systems, clothing etc. to appropriately deal with the internal and external threats. Military leadership by and large has been exemplary. It is the political leadership supported by bureaucracy which has failed the country. While the principal’s knock on knuckles of the errant students grab the national headlines for days, the death of a soldiers laying down his life for the Security of the nation does not get even half a line in the media. He dies unsung and unrewarded.
2. The numerous letters written by our very senior military leaders and former chiefs high lighting the malaise setting in the Armed Forces due to gross and criminal neglect of the forces both in service and retired to the Govt functionaries ie PM, RM, Home Minister, Law Minister, UPA Chairperson have not been even acknowledged, leave alone taking any action to address the serious malaise. Even the media has not yet highlighted the serious drawbacks of military bashing.
3. We are making open to the Press a few letters written to Mrs Sonia Gandhi, Mr Moily, PM and RM by Lt Gen SK Bahri. We humbly request the press, in the interest of the safety, security and integrity of the Nation, to publish these letters (click here) suitably and bring before the nation the true facts of the issues.
With kind regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Recent ESM letters to Ms Sonia Gandhi, Prime Minister, Home and Law Ministers
Thursday, April 29, 2010
Do we need harsh laws like AFSPA to fight insurgents?
Ref: AFSPA doesn’t need change: Harsh law helps in the fight against insurgents by Lt-Gen Harwant Singh (Retd): click here
Rejoinder
1. I have, since long, held Gen Harwant's professional views in high esteem. Therefore is justified, historically proven and merit in his defence of AFSPA. He is also in good company on this issue, presently- on the highest table in fact- the new Chief is as a firm proponent of this 'good' law which has lately acquired an 'odium' in local perceptions?
2. I can also claim some 'hands on' experience of CI ops, incl as a BM in Nagaland and cdr of two Bdes in Manipur. Personally, I cannot recall taking cover behind or flaunting a copy of the AFPSA to conduct successful ops. In fact one did a lot 'worse' to get results, provided one did not "alienate" local perceptions, in the long run. Indeed, existence of the law had a prophylactic value but its use was as rare as the contested 'excesses' .
3. In the ultimate analysis, the key determinant of success(or otherwise) in CI/ CT ops is the support/ alienation of local population - all the force in the world cannot neutralise its loss. If in doubt, check with the US/NATO forces further West? For whatever reasons, AFPSA has become a huge red-flag 'alienator'- witness Irom Sharmila's 10 yr long fast and so on. Public support is a function of 'perceptions' and IA was(?) not very skilled at perception management. Our fixation with the 'tried and tested', in this case, can thus become counterproductive to our own cause. Perhaps, it is time to get flexible and innovative.
4. The conventional objection to a 'revision' or the law, as expanded in the Article, is that it will dilute the 'essentials' of legal protection. But why and who said so??? Let us get smart and don't let there be operationally unacceptable dilution of the enabling legal provisions. Surely we can manage that- it is our own Govt, ain't it. My vote is ,therefore, against a 'fossilized' approach - sorry Harwant and all the like-minded worthies (means the majority)!!!
But then I have always enjoyed sticking my neck out.
Cheers.
Yogi
(Lt Gen YN Sharma, Former Army Commander)
Rejoinder
1. I have, since long, held Gen Harwant's professional views in high esteem. Therefore is justified, historically proven and merit in his defence of AFSPA. He is also in good company on this issue, presently- on the highest table in fact- the new Chief is as a firm proponent of this 'good' law which has lately acquired an 'odium' in local perceptions?
2. I can also claim some 'hands on' experience of CI ops, incl as a BM in Nagaland and cdr of two Bdes in Manipur. Personally, I cannot recall taking cover behind or flaunting a copy of the AFPSA to conduct successful ops. In fact one did a lot 'worse' to get results, provided one did not "alienate" local perceptions, in the long run. Indeed, existence of the law had a prophylactic value but its use was as rare as the contested 'excesses' .
3. In the ultimate analysis, the key determinant of success(or otherwise) in CI/ CT ops is the support/ alienation of local population - all the force in the world cannot neutralise its loss. If in doubt, check with the US/NATO forces further West? For whatever reasons, AFPSA has become a huge red-flag 'alienator'- witness Irom Sharmila's 10 yr long fast and so on. Public support is a function of 'perceptions' and IA was(?) not very skilled at perception management. Our fixation with the 'tried and tested', in this case, can thus become counterproductive to our own cause. Perhaps, it is time to get flexible and innovative.
4. The conventional objection to a 'revision' or the law, as expanded in the Article, is that it will dilute the 'essentials' of legal protection. But why and who said so??? Let us get smart and don't let there be operationally unacceptable dilution of the enabling legal provisions. Surely we can manage that- it is our own Govt, ain't it. My vote is ,therefore, against a 'fossilized' approach - sorry Harwant and all the like-minded worthies (means the majority)!!!
But then I have always enjoyed sticking my neck out.
Cheers.
Yogi
(Lt Gen YN Sharma, Former Army Commander)
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