15 September 2011 Vijay Mohan Tribune News Service
Chandigarh, September 15
The Armed Forces Tribunal will get more teeth as it is expected to be armed with powers of contempt. This would give the Tribunal the much-needed authority to get its judgments and orders implemented by the executing agencies.
At present, the tribunal does not have the powers of civil contempt, under which it can initiate action like the High Court against erring parties if its directives are not implemented. This was perceived as a serious handicap in its functioning. Tribunal’s chairman Justice AK Mathur had, during a visit to Chandigarh some time ago, termed the tribunal as a “toothless” body as a large number of its orders were not being implemented by the defence establishments. Similar views were also expressed recently by Justice Ghanshyam Prashad, a senior judicial member of the Chandigarh Bench.
Sources revealed that the proposal to empower the tribunal with contempt powers has already been approved by the Chiefs of Staff Committee and the Ministry of Law has given its opinion and recommendations on it. The file is now reportedly back with the Ministry of Defence and would be sent to the Cabinet after being cleared by the Defence Minister.
While the Armed Forces Tribunal Act, 2007 conferred powers of criminal contempt, where action can be initiated against anyone for misconduct, obstructing the functioning of the tribunal or showing disrespect to the bench, the provisions relating to civil contempt are ambiguous.
Earlier this year, a judgment of the Kerala High Court, while interpreting the provisions of the Act, brought out that the tribunal has full powers to initiate contempt proceedings if its orders are not implemented. Sources said there is also a proposal to increase the upper age limit for the tribunal’s judicial members.
The tribunal’s bench comprises a judicial member, who should have been a judge of the High Court, and an administrative member, who should have served in the rank of Major General and equivalent for at least three years.
Armed Forces Tribunal to be armed with contempt powers
Showing posts with label Court Cases. Show all posts
Showing posts with label Court Cases. Show all posts
Friday, September 23, 2011
Tuesday, February 23, 2010
Stay on Sukhna Scam general’s court martial
Sumit Saxena , Hindustan Times New Delhi, February 23, 2010
The Armed Forces Tribunal on Monday stayed court martial proceeding against retired military secretary Lt Gen Avadhesh Prakash in the Sukna land scam.
The court martial, ordered against Prakash after his indictment by a court of inquiry (COI), was to start on February 25 in Kolkata.
A two-member tribunal bench quashed the findings of the COI, which had indicted Prakash for using his official position to pressure the staff of the 33, Corps — based in Sukna, West Bengal — to facilitate the transfer of a plot of land to his family friend, Dilip Agarwal.
The Bench ordered a fresh CoI, to be completed within two months.
Observing that army rule was “violated” during the COI, the Bench said Prakash would get the chance to cross-examine the six witnesses who deposed against him. “It will be open to the petitioner to lead any evidence by calling witness or producing documentary evidence,” it said.
The issue of cross-examination was a major plea of the retired officer against the COI.
“The court has given us a fair chance to defend ourselves. We have been falsely implicated,” Jyoti Singh, counsel for Prakash, said.
Stay on Sukhna Scam general’s court martial
MOD Land Scams
LUCKNOW: In a significant judgment, the Allahabad high court has directed the secretary, ministry of defence, to instruct all the command heads of Indian military to map all defence lands and estates and ensure zero unauthorised occupancy or encroachment thereon.
After having reasoned out the importance and necessity of the defence land, the court expressed concern over the encroachment of defence land by land mafia and land-grabbers around the defence estates in different districts of Uttar Pradesh and beyond. "It has been brought to the notice of the court that entertainment centres and commercial establishments run by private parties are being brought up uninterruptedly on army land," the judgment stated.
The court also observed that the military commanders heading the commands owe it to the nation to ensure that the land earmarked for military purposes does not go into unauthorised hands.
High Court to MoD: Crack down on encroachment in Cantonments
Comment:
In spite of the clear orders and existing rulings the GOC- in- C Commands are spineless in evicting the encroachers. If the Military commanders cannot protect its own lands how can they be trusted to defend the National territory and integrity? In Tamilnadu over 50% Military Lands have been usurped and assigned to mafia and land grabbers by MOD through dubious means of NOC, leasing, bribes and other corrupt methods. The same is the case in each and every cantonment of the Nation.
The Armed Forces Tribunal on Monday stayed court martial proceeding against retired military secretary Lt Gen Avadhesh Prakash in the Sukna land scam.
The court martial, ordered against Prakash after his indictment by a court of inquiry (COI), was to start on February 25 in Kolkata.
A two-member tribunal bench quashed the findings of the COI, which had indicted Prakash for using his official position to pressure the staff of the 33, Corps — based in Sukna, West Bengal — to facilitate the transfer of a plot of land to his family friend, Dilip Agarwal.
The Bench ordered a fresh CoI, to be completed within two months.
Observing that army rule was “violated” during the COI, the Bench said Prakash would get the chance to cross-examine the six witnesses who deposed against him. “It will be open to the petitioner to lead any evidence by calling witness or producing documentary evidence,” it said.
The issue of cross-examination was a major plea of the retired officer against the COI.
“The court has given us a fair chance to defend ourselves. We have been falsely implicated,” Jyoti Singh, counsel for Prakash, said.
Stay on Sukhna Scam general’s court martial
MOD Land Scams
LUCKNOW: In a significant judgment, the Allahabad high court has directed the secretary, ministry of defence, to instruct all the command heads of Indian military to map all defence lands and estates and ensure zero unauthorised occupancy or encroachment thereon.
After having reasoned out the importance and necessity of the defence land, the court expressed concern over the encroachment of defence land by land mafia and land-grabbers around the defence estates in different districts of Uttar Pradesh and beyond. "It has been brought to the notice of the court that entertainment centres and commercial establishments run by private parties are being brought up uninterruptedly on army land," the judgment stated.
The court also observed that the military commanders heading the commands owe it to the nation to ensure that the land earmarked for military purposes does not go into unauthorised hands.
High Court to MoD: Crack down on encroachment in Cantonments
Comment:
In spite of the clear orders and existing rulings the GOC- in- C Commands are spineless in evicting the encroachers. If the Military commanders cannot protect its own lands how can they be trusted to defend the National territory and integrity? In Tamilnadu over 50% Military Lands have been usurped and assigned to mafia and land grabbers by MOD through dubious means of NOC, leasing, bribes and other corrupt methods. The same is the case in each and every cantonment of the Nation.
Tuesday, July 14, 2009
Moily says more than 2.6 crore cases pending in subordinate courts
Moily says more than 2.6 crore cases pending in subordinate courts
Mon, Jul 13 09:40 PM
New Delhi, July 13(ANI): Union Minister of Law and Justice, Veerappa Moily, on Monday said that more than 2.6 crore cases were pending in the subordinate courts and over 39 lakh cases were pending in high courts across the country.
"As per the reports received from the Registries of the High Courts, 39,10,858 cases were pending in the High Courts and 2,66,50,467 cases were pending in the Subordinate Courts as on December 31, 2008," Moily said.
Moily also said that according to information received from the Registry of the Supreme Court, 50,659 matters (31,363 admission matters and 19,296 regular hearing matters) were pending in the Supreme Court as on 1st June 2009.
He further added that government has taken several measures to smooth the progress of cases in courts.
Earlier, government had introduced 'Fast Track Courts' to speed up trials in various courts. About 25.07 lakh cases have been disposed of by these courts out of 31.01 lakh cases transferred to them, Moily said.
The minister also informed that the government periodically monitors the strength of judges in high courts and ensures timely filing up of vacancies so that courts does not undergo scarcity of judges.
Moily emphasised that on the basis of reviews, the strength of judges in the Supreme Court has been increased from 26 to 31 and 163 posts of judges have been created in various high courts. (ANI)
Moily says more than 2.6 crore cases pending in subordinate courts
Comment: Will Justice ever be meted out to criminals of our Nation?
Mon, Jul 13 09:40 PM
New Delhi, July 13(ANI): Union Minister of Law and Justice, Veerappa Moily, on Monday said that more than 2.6 crore cases were pending in the subordinate courts and over 39 lakh cases were pending in high courts across the country.
"As per the reports received from the Registries of the High Courts, 39,10,858 cases were pending in the High Courts and 2,66,50,467 cases were pending in the Subordinate Courts as on December 31, 2008," Moily said.
Moily also said that according to information received from the Registry of the Supreme Court, 50,659 matters (31,363 admission matters and 19,296 regular hearing matters) were pending in the Supreme Court as on 1st June 2009.
He further added that government has taken several measures to smooth the progress of cases in courts.
Earlier, government had introduced 'Fast Track Courts' to speed up trials in various courts. About 25.07 lakh cases have been disposed of by these courts out of 31.01 lakh cases transferred to them, Moily said.
The minister also informed that the government periodically monitors the strength of judges in high courts and ensures timely filing up of vacancies so that courts does not undergo scarcity of judges.
Moily emphasised that on the basis of reviews, the strength of judges in the Supreme Court has been increased from 26 to 31 and 163 posts of judges have been created in various high courts. (ANI)
Moily says more than 2.6 crore cases pending in subordinate courts
Comment: Will Justice ever be meted out to criminals of our Nation?
Monday, March 9, 2009
ESM: Brief on legal issues affecting Veterans
1. There appear to be some doubts and lack of information on the Legal aspects of our case for enhanced pensions and a large number of us are not aware of the important judgments and the prevailing law in the matter. I had received several queries at the AGM and thereafter. I have therefore prepared this brief for the guidance and information of interested members. I may mention that there have been umpteen judgments dealing with pensions (both civil and military) but the three landmark judgments by the Supreme Court, the 1982 Nakra case, the 1991 in the case filed by the IESL and the Sep 2008 judgment in the Maj Gen Vains case.
2. What are we seeking and what is OROP? OROP is a generic term for Pension Parity for the same rank and same Length of Service and this terminology has to be carefully articulated and used. As you will see later, in the 1991 judgment, the SC has turned down OROP as everyone in the same rank with different lengths of service and different ages of retirement cannot be logically equated and the parity it had sought with the serving community with back emoluments was also not agreed to. As a matter of interest, the financial effect of Pension Parity (OROP) was officially estimated at Rs 600 crores per annum in 2004, as per the records of a parliamentary committee which examined the issue. This figure would have increased due to inflation during the last four years but is not that exorbitant.
3. It may also be mentioned that, as communicated to the members earlier, the SC has dismissed the appeal filed by the Government in the Maj Gens Case and Government response to the directions in the final judgment is awaited. Further, some members felt that the MOD/GOI will take shelter behind the matter being subjudice if we went to the SC at this stage. It may be mentioned the did not take shelter behind the Maj Generals case being in the SC, whilst examining and rejecting our request for Pension Parity (OROP) and this is a red herring in our quest for legal redressal. The 1991 judgment was wrongly quoted, out of context, in the recent TV program and has often been used against us by interested parties and it is far from the truth that the SC has turned down what we are seeking.
4. I have been interacting with other stake holders including IESL, IESM and the Airforce Association to get them on board a common platform and present a common public front. Of these IESL apparently wants to fight the court case on its own and does not want the resurgent IESM to figure on the same platform and has also informed that it has commenced preparation of the case. The 1991 case was filed by IESL and did a major damage to our cause. The past and the current Presidents of the Airforce Association, all of them are retired Chiefs, considered my proposal but declined to join in, apparently they are satiated as they are OROP compliant and don’t have the stomach for a fight and left it to the individual Air Force officers to independently fight their case. The task of jointly fighting our case therefore rests between IESM and the Navy Foundation and we will go ahead with it as agreed at the AGM of NFDC.
BRIEF ON LEGAL ISSUES AFFECTING VETERANS
NAKRA JUDGMENT BY THE SUPREME COURT
SC JUDGMENT 1991 – IESL CASE
OPERATIVE PART OF SC JUDGMENT - MAJ GEN CASE SEP -2008
PENSIONER AS DEEMED EMPLOYEE
2. What are we seeking and what is OROP? OROP is a generic term for Pension Parity for the same rank and same Length of Service and this terminology has to be carefully articulated and used. As you will see later, in the 1991 judgment, the SC has turned down OROP as everyone in the same rank with different lengths of service and different ages of retirement cannot be logically equated and the parity it had sought with the serving community with back emoluments was also not agreed to. As a matter of interest, the financial effect of Pension Parity (OROP) was officially estimated at Rs 600 crores per annum in 2004, as per the records of a parliamentary committee which examined the issue. This figure would have increased due to inflation during the last four years but is not that exorbitant.
3. It may also be mentioned that, as communicated to the members earlier, the SC has dismissed the appeal filed by the Government in the Maj Gens Case and Government response to the directions in the final judgment is awaited. Further, some members felt that the MOD/GOI will take shelter behind the matter being subjudice if we went to the SC at this stage. It may be mentioned the did not take shelter behind the Maj Generals case being in the SC, whilst examining and rejecting our request for Pension Parity (OROP) and this is a red herring in our quest for legal redressal. The 1991 judgment was wrongly quoted, out of context, in the recent TV program and has often been used against us by interested parties and it is far from the truth that the SC has turned down what we are seeking.
4. I have been interacting with other stake holders including IESL, IESM and the Airforce Association to get them on board a common platform and present a common public front. Of these IESL apparently wants to fight the court case on its own and does not want the resurgent IESM to figure on the same platform and has also informed that it has commenced preparation of the case. The 1991 case was filed by IESL and did a major damage to our cause. The past and the current Presidents of the Airforce Association, all of them are retired Chiefs, considered my proposal but declined to join in, apparently they are satiated as they are OROP compliant and don’t have the stomach for a fight and left it to the individual Air Force officers to independently fight their case. The task of jointly fighting our case therefore rests between IESM and the Navy Foundation and we will go ahead with it as agreed at the AGM of NFDC.
BRIEF ON LEGAL ISSUES AFFECTING VETERANS
NAKRA JUDGMENT BY THE SUPREME COURT
SC JUDGMENT 1991 – IESL CASE
OPERATIVE PART OF SC JUDGMENT - MAJ GEN CASE SEP -2008
PENSIONER AS DEEMED EMPLOYEE
Monday, January 12, 2009
IESM: Letters to Chairman
06 Jan 2009
Dear General,
1. Recently I learnt of the commendable work being done by you all, the founding fathers of IESM. I have also become aware of the tremendous collective effort being put in by the fraternity at Delhi to push interests of serving & retired servicemen, especially OROP. Please accept my personal compliments & sincerest gratitude for all the planning, effort & time spent by the Core Team.
2. I wish to assure you all that you have our best wishes and support in every manner. I will make an effort to spread the word about the new organisation & its objectives among retired servicemen here, especially from the AF.
3. I am completing all the formalities to be life member.
With warm regards,
AVM HPS Sidhu, AVSM VSM (Retd)
Dear friends,
A few months ago I had pointed out that every mighty river starts as a tiny spring. I had also given the example of Ganga. It starts its journey from a tiny spring called Gangotri, where it is but a tiny stream. By the time it reaches the sea at Ganga Sagar, it is a few miles wide. Such is its might and sheer volume that for many miles into the sea, the water is fresh and potable.
Thanks to our worthy leaders and their selfless untiring and focussed efforts, this Ganga seems to be fast reaching Haridwar. Number of members and their physical and monetary contribution is swelling up day by day. The real journey starts now.
Please keep up the good work. I thank you and all those who are putting in so much hard work. Do please convey my best wishes to them all.
Kind regards and best wishes,
K K Punchhi
(Cdr KK Punchhi, 7 JSW/ B Sqn, Naval Aviation, settled in Canada)
Dear General,
1. Recently I learnt of the commendable work being done by you all, the founding fathers of IESM. I have also become aware of the tremendous collective effort being put in by the fraternity at Delhi to push interests of serving & retired servicemen, especially OROP. Please accept my personal compliments & sincerest gratitude for all the planning, effort & time spent by the Core Team.
2. I wish to assure you all that you have our best wishes and support in every manner. I will make an effort to spread the word about the new organisation & its objectives among retired servicemen here, especially from the AF.
3. I am completing all the formalities to be life member.
With warm regards,
AVM HPS Sidhu, AVSM VSM (Retd)
Dear friends,
A few months ago I had pointed out that every mighty river starts as a tiny spring. I had also given the example of Ganga. It starts its journey from a tiny spring called Gangotri, where it is but a tiny stream. By the time it reaches the sea at Ganga Sagar, it is a few miles wide. Such is its might and sheer volume that for many miles into the sea, the water is fresh and potable.
Thanks to our worthy leaders and their selfless untiring and focussed efforts, this Ganga seems to be fast reaching Haridwar. Number of members and their physical and monetary contribution is swelling up day by day. The real journey starts now.
Please keep up the good work. I thank you and all those who are putting in so much hard work. Do please convey my best wishes to them all.
Kind regards and best wishes,
K K Punchhi
(Cdr KK Punchhi, 7 JSW/ B Sqn, Naval Aviation, settled in Canada)
Monday, December 29, 2008
SCPC: Convoluting the Morale of Ex- Servicemen and Career of the Military
Dear All,
I have sent a letter to the PM and sent copies to the three Chiefs; copies are as under: -
Lt Gen Vijay Oberoi, PVSM, AVSM, VSM
Former Vice Chief of Army Staff (VCOAS)
Former Director Centre for Land Warfare Studies (CLAWS)
President
War Wounded Foundation
Plot No. 339, Village - Shahabad Mohammadpur, Opp. Pump House No. 3,
Near IGI Airport, Delhi- 110061
E-mail- warwounded@rediffmail.com; enquiry@warwounded.org.
Web site War Wounded
....................
COPY OF LETTER TO THE PM
12522/VO/CPC/1
28 December 2008
In the last seven years since my retirement as the Vice Chief of our army in 2001, I have addressed you only twice. The first was on the Siachin issue, where I had urged you not to agree to the formulations of Pakistan; the second was my suggestion relating to employing ex-servicemen in nation-building projects, if genuine implementation was desired. Fortunately, on both occasions you were gracious enough to reply and assure me that the concerns I had reflected had been noted.
I am now approaching you for the third time to share perhaps the most important issue, which has a direct bearing on the security of the nation. The concern has added meaning in the light of the developing situation on our western borders. I do hope this is placed on your table by your staff and not hijacked enroute by those who have vested interests!
The issue I am taking your valuable time about is the morale and welfare of an extremely important and valuable segment of the nations’ polity, viz. the officers and jawans of the defence forces, both serving and those who have hung up their boots after serving the nation with all their might. You must be already ‘au fait’ with the tragedy of the 6th Pay Commission, or at least those aspects which have been brought to your notice by both the current Chiefs’ of the defence forces, the erstwhile Chiefs’ and other senior officers of the forces, as well as the versions of others who no doubt have briefed you from time to time.
According to media reports, you are already discussing the major issues placed before you by the Chiefs’, relative to the serving personnel. It would therefore be incorrect on my part to say anything about them. However, I do wish to draw your attention to the plight of the ex-servicemen, who unfortunately have no “mai-baap”, except the political leaders of the nation. There are of course many “spoilers” sitting in important positions of the government, who, I am sure are well known to you. When the majority of political leaders are also not amenable to listen to their genuine pleas for justice, where do the ex-servicemen go? Obviously to you, Sir, and hence this letter.
There are far too many anomalies that are making the ex-servicemen both angry and frustrated, but I will only mention the important ones. I am afraid what is really rankling is that your government, your party, as well as the common minimum programme of the UPA have failed to honour the commitments made to them relating to the issue of “One Rank One Pension (OROP)”. Sir, I cannot obviously go into details, but the situation today is that over 30 lakh ex-servicemen are a disillusioned lot, and their demeanour affects not only their morale and that of their families (which may be inconsequential in the view of your advisers, on account of their ignorance) but more importantly the morale of those aspiring to have a career in the defence forces, as well as the serving personnel who know that they are the ex-servicemen of tomorrow and will therefore meet a similar fate.
It is highly unfortunate that the bureaucrats, however intelligent and clever they may be, can never discern the extent of disillusionment there is amongst the soldiery of the country, which has been systematically downgraded by naïve and ignorant persons because of their “tunnel vision” and not thinking about the interests of the nation. Let me state unequivocally that the Indian military continues to be the most loyal segment of the polity of India and it needs to be nurtured and supported and not ignored or reduced in esteem.
The second and related issue is that the government has given virtual OROP to the Chiefs and C’s-in-C, but has denied it to all others including our jawans. In the military we have always ensured that our subordinates get all dues and perks first and only thereafter the senior defence officers get them. I do agree that such ethos does not prevail amongst the bureaucracy for a variety of reasons, which I am sure are well known to you. However, by giving virtual OROP to the very few senior most military veterans, great injustice has been done to our subordinates. This needs to be set right immediately. You may well say that it is equally applicable to the civil officials, but the situation is markedly different between civil and military officials. As an example, nearly 90 per cent IAS, IFS and IPS officers retire in the Apex or the HAG Plus scales, but in the case of the military officers the equivalent percentage is barely 0.001! Neither is there a case for inadequacy of funds, for the total amount even in these inflationary times is less than Rs. 2200 crores, which is not even 2.08 percent of this years defence budget and a minuscule percentage of the nation’s budget.
The third issue is that of the bungling done by the civilian government officials, wherein the amount of pension sanctioned for officers of different rank, viz. brigadiers, major generals and lieutenant generals is identical. This, besides its incongruity, is also an invitation to the serving officers to quit the service after becoming brigadiers as in any case their pension would be the same in higher ranks! Surely, in the interest of the security of the nation that could not be your intention. I could cite more such examples but I am sure a wise person like you would have understood the illogicality of such dispensations.
May I in the end draw your attention to the fast deteriorating civil-military relationship in the country, which does not auger well for the future security of the country, especially in these unstable and turbulent times? The Indian military has scrupulously and unwaveringly followed the principle of remaining apolitical, even at the cost of its legitimate aspirations not being met. In the larger national interest, the balance between these two arms of the government must continue and be even fine-tuned, but there is need to mention that it is fast reaching a breaking point. I am afraid, Sir that your personal intervention is needed to set this balance right, so that the ship of state remains on an even keel.
Dr. Manmohan Singh
Hon’ble Prime Minister of India
Prime Minister’s Office
New Delhi-110011
COPY OF LETTER TO THE THREE CHIEFS
12522/VO/6CPC/1
28 December 2008
ANOMALIES- PENSIONARY BENEFITS
The pensionary awards for the military veterans are a great disappointment. There is great resentment amongst the rank and file, which obviously is neither good for the country nor the defence forces. I need not go into details as you must already be fully apprised of them.
I have addressed a letter to the Prime Minister in this regard, a copy of which I am enclosing, both for your information and for your support, which would be invaluable.
General Deepak Kapoor, PVSM, AVSM, SM, VSM, ADC
Chief of the Army Staff
Admiral Sureesh Mehta, PVSM, AVSM, ADC
Chief of the Naval Staff
Air Chief Marshal F H Major, PVSM, AVSM, SC, VM, ADC
Chief of the Air Staff
I have sent a letter to the PM and sent copies to the three Chiefs; copies are as under: -
Lt Gen Vijay Oberoi, PVSM, AVSM, VSM
Former Vice Chief of Army Staff (VCOAS)
Former Director Centre for Land Warfare Studies (CLAWS)
President
War Wounded Foundation
Plot No. 339, Village - Shahabad Mohammadpur, Opp. Pump House No. 3,
Near IGI Airport, Delhi- 110061
E-mail- warwounded@rediffmail.com; enquiry@warwounded.org.
Web site War Wounded
....................
COPY OF LETTER TO THE PM
12522/VO/CPC/1
28 December 2008
In the last seven years since my retirement as the Vice Chief of our army in 2001, I have addressed you only twice. The first was on the Siachin issue, where I had urged you not to agree to the formulations of Pakistan; the second was my suggestion relating to employing ex-servicemen in nation-building projects, if genuine implementation was desired. Fortunately, on both occasions you were gracious enough to reply and assure me that the concerns I had reflected had been noted.
I am now approaching you for the third time to share perhaps the most important issue, which has a direct bearing on the security of the nation. The concern has added meaning in the light of the developing situation on our western borders. I do hope this is placed on your table by your staff and not hijacked enroute by those who have vested interests!
The issue I am taking your valuable time about is the morale and welfare of an extremely important and valuable segment of the nations’ polity, viz. the officers and jawans of the defence forces, both serving and those who have hung up their boots after serving the nation with all their might. You must be already ‘au fait’ with the tragedy of the 6th Pay Commission, or at least those aspects which have been brought to your notice by both the current Chiefs’ of the defence forces, the erstwhile Chiefs’ and other senior officers of the forces, as well as the versions of others who no doubt have briefed you from time to time.
According to media reports, you are already discussing the major issues placed before you by the Chiefs’, relative to the serving personnel. It would therefore be incorrect on my part to say anything about them. However, I do wish to draw your attention to the plight of the ex-servicemen, who unfortunately have no “mai-baap”, except the political leaders of the nation. There are of course many “spoilers” sitting in important positions of the government, who, I am sure are well known to you. When the majority of political leaders are also not amenable to listen to their genuine pleas for justice, where do the ex-servicemen go? Obviously to you, Sir, and hence this letter.
There are far too many anomalies that are making the ex-servicemen both angry and frustrated, but I will only mention the important ones. I am afraid what is really rankling is that your government, your party, as well as the common minimum programme of the UPA have failed to honour the commitments made to them relating to the issue of “One Rank One Pension (OROP)”. Sir, I cannot obviously go into details, but the situation today is that over 30 lakh ex-servicemen are a disillusioned lot, and their demeanour affects not only their morale and that of their families (which may be inconsequential in the view of your advisers, on account of their ignorance) but more importantly the morale of those aspiring to have a career in the defence forces, as well as the serving personnel who know that they are the ex-servicemen of tomorrow and will therefore meet a similar fate.
It is highly unfortunate that the bureaucrats, however intelligent and clever they may be, can never discern the extent of disillusionment there is amongst the soldiery of the country, which has been systematically downgraded by naïve and ignorant persons because of their “tunnel vision” and not thinking about the interests of the nation. Let me state unequivocally that the Indian military continues to be the most loyal segment of the polity of India and it needs to be nurtured and supported and not ignored or reduced in esteem.
The second and related issue is that the government has given virtual OROP to the Chiefs and C’s-in-C, but has denied it to all others including our jawans. In the military we have always ensured that our subordinates get all dues and perks first and only thereafter the senior defence officers get them. I do agree that such ethos does not prevail amongst the bureaucracy for a variety of reasons, which I am sure are well known to you. However, by giving virtual OROP to the very few senior most military veterans, great injustice has been done to our subordinates. This needs to be set right immediately. You may well say that it is equally applicable to the civil officials, but the situation is markedly different between civil and military officials. As an example, nearly 90 per cent IAS, IFS and IPS officers retire in the Apex or the HAG Plus scales, but in the case of the military officers the equivalent percentage is barely 0.001! Neither is there a case for inadequacy of funds, for the total amount even in these inflationary times is less than Rs. 2200 crores, which is not even 2.08 percent of this years defence budget and a minuscule percentage of the nation’s budget.
The third issue is that of the bungling done by the civilian government officials, wherein the amount of pension sanctioned for officers of different rank, viz. brigadiers, major generals and lieutenant generals is identical. This, besides its incongruity, is also an invitation to the serving officers to quit the service after becoming brigadiers as in any case their pension would be the same in higher ranks! Surely, in the interest of the security of the nation that could not be your intention. I could cite more such examples but I am sure a wise person like you would have understood the illogicality of such dispensations.
May I in the end draw your attention to the fast deteriorating civil-military relationship in the country, which does not auger well for the future security of the country, especially in these unstable and turbulent times? The Indian military has scrupulously and unwaveringly followed the principle of remaining apolitical, even at the cost of its legitimate aspirations not being met. In the larger national interest, the balance between these two arms of the government must continue and be even fine-tuned, but there is need to mention that it is fast reaching a breaking point. I am afraid, Sir that your personal intervention is needed to set this balance right, so that the ship of state remains on an even keel.
Dr. Manmohan Singh
Hon’ble Prime Minister of India
Prime Minister’s Office
New Delhi-110011
COPY OF LETTER TO THE THREE CHIEFS
12522/VO/6CPC/1
28 December 2008
ANOMALIES- PENSIONARY BENEFITS
The pensionary awards for the military veterans are a great disappointment. There is great resentment amongst the rank and file, which obviously is neither good for the country nor the defence forces. I need not go into details as you must already be fully apprised of them.
I have addressed a letter to the Prime Minister in this regard, a copy of which I am enclosing, both for your information and for your support, which would be invaluable.
General Deepak Kapoor, PVSM, AVSM, SM, VSM, ADC
Chief of the Army Staff
Admiral Sureesh Mehta, PVSM, AVSM, ADC
Chief of the Naval Staff
Air Chief Marshal F H Major, PVSM, AVSM, SC, VM, ADC
Chief of the Air Staff
Tuesday, September 9, 2008
DGR Ministry of Defence
Functions:
Directory of officers and staff:
Ser/ Name/ Designation/ Pay scale
1. Shri Mukat Singh Director(S&R) Rs.14300-18300
2. Shri Laxaman Singh Assistant Rs.5500-9000
3. Smt D. N. Sharma DPA Rs. 5500-9000
4. Ms Sunita PA Rs. 5500-9000
5. Shri Ravinder Kumar Group D Rs. 2550-3200
Public Information Officer: Director (S&R) has been designated as Central Public Information Officer (CPIO) for Directorate General Resettlement (DGR) and Kendriya Sainik Board(KSB). For seeking information, in respect of DGR & KSB under The Right to Information Act, 2005, a request may be sent to Director, (Statistics and Records), Directorate General Resettlement, Ministry of Defence, West Block-IV, R.K. Puram, New Delhi-110066 (Telephone 26192364), e-mail: mukat.singh@yahoo.com.
DIRECTORATE OF STATISTICS AND RECORDS
Comments: This organisation is staffed and run by bureaucrats for the Veterans. Very laudable aims! No online data of ESM. The website merely gives out information. No user friendly interface. No online list of WWII Veterans, Widows list and so on and so forth. Why statistical data should be "On Demand"? Should it not be available for free online. Is the stat information "Secret"? How many ESM have obtained placement region/ statewise? Another shoddy function is issue of ESM identity cards of such poor quality which no one is proud to display.
Friday, August 1, 2008
Pending Court Cases in India
The total pendency of cases, both civil and criminal in the 21 High Courts as on December 31, 2007 is 37,43,060. The pendency in Madras High Court is 4,28,832, including 3,92,824 civil cases and 36,008 criminal cases. Increasing the strength of judges to 60 is expected to considerably increase the rate of disposal and reduce the pendency in the Madras High court. Additional judges’ term extended by two years
Indian judicial & crime statistics
Huge case backlog clogs India's courts
2.59 crore cases pending in courts across the country
41 court martial cases pending
Comment: The population of India on July 2008 stands at 1160 million and nearly 30 million of its citizens (approx 3%) are fighting legal battles. Justice delayed is Justice denied. Can citizens ever dream of speedy deliverance. The Armed Forces Tribunal recently has come into vogue. Can the Defence Forces expect speedy Justice?
Saturday, July 26, 2008
Armed Forces Tribunal: Non Starter?
Armed Forces Tribunal Bill, 2005 was introduced in the Rajya Sabha in September 2005. The Standing Committee of Parliament on Defence examined the Bill and gave its recommendations in May 2006. The Ministry considered the recommendations and moved certain amendments in the Rajya Sabha in December 2007. Both the Houses have passed the Bill in the Winter Session of the Parliament in December 2007. The Armed Forces Tribunal Act, 2007 has been notified on 28 th December 2007. Necessary follow up action is being taken on priority to set up the Principal Bench of the Armed Forces Tribunal in New Delhi. If all goes well, this Independence Day may see the inauguration of the Principal Bench of the Armed Forces Tribunal (AFT) at Delhi. The notification for the formation of the AFT has already been issued. Under the authority of Section 5 (4) of the Act, the govt can establish benches at other places too.
Cabinet nod to Armed Forces Tribunal
Armed Forces Tribunal: Present Status
Comment: Can one expect accelerated dispensation of Justice? Will the backlog be cleared expeditiously. The expectations are running high!
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