Showing posts with label Veterans. Show all posts
Showing posts with label Veterans. Show all posts
Saturday, 24 September 2016
Welcome to Indian Ex Services League Pune
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Tuesday, 30 August 2016
OROP - ESM Melava at AFMC Pune
ESM MELAVA IN THE PRESENCE OF HON'BLE JUSTICE L NARASHIMA REDDY HEAD OF JUDICIAL COMMITTEE OF OROP HELD ON 29 AUG 16 AT DHANVANTARI AUDITORIUM AT AFMC PUNE
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Monday, 29 August 2016
Rehabilitation letter to Defence Minister – Dilip Hiray
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Rehabilitation letter to Prime Minister – Dilip Hiray
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Rehabilitation letter to President – Dilip Hiray
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Friday, 15 January 2016
Remebering the Role of Lt Gen JFR Jacob in 1971 War Click to teach Gmail that this conversation is important.– Col TN Raman
Dear Friends,
In Jake we have lost an icon of our Army. Many Veterans have written about his demise and have expressed their sincere regrets. It was unfortunate that he was to become the center of some critical comments in 2011 and had to feel sorry. The reason was the two books he had written. Also, some of his remarks about Sam Manekshaw and Aurora, which did not go well with his detractors. Below is my own obituary to the great Military leader.
His true value in the 1971 Victory was in engineering the 'Unconditional Surrender' of the Pakistan Troops in the Eastern Wing of that country. Here, he definitely exhibited tremendous ingenuity, tact and resourcefulness, even in bypassing the hurdles posed by USA backed UNO's effort to organise a conditional surrender, instead of the 'unconditional' one. He could really browbeat Niazi into submission and obtain his signature on the document of surrender, not in Niazi's office as requested by him, but, at the Dacca Race Course, in full public view.Later, Niazi complained ( in his book ) about the browbeating techniques of an unrelenting Gen Jacob. " Jacob cheated me " is what Niazi wrote later.
In 2011, we had a detailed discussion on various aspects of this campaign, triggered mainly by some adverse but logical comments by R Prasannan, in his article " Petty Genius". Gen Jacob was very upset and had expressed his anguish, based on which, Col Anand, in We Gunners blog, had requested the Veterans to end the discussion.
Lt Gen JFR Jacob, has been voicing his views for many years, even when FM Sam Manekshaw was alive. He has said the same things in his book, "Surrender at Dacca" published in 1997. What ever appearing in his second book are not new. I find that all these remarks,( but for a very few like Gen Aurora taking the tray from a waiter to serve drinks himself), are from his Book published in 1997.
I will just quote one paragraph from the Book (page 154) where Gen Jacob states.
" I myself hold Sam Manekshaw in very high esteem. Despite differences in military assessments he was always kind, tolerant and considerate to me, for which I am for ever grateful. He was very popular with the rank and file and was respected by all. He was dedicated to the Army and upheld its dignity. As Army Chief and Chairman of the Chiefs of Staff during the 1971 war, the overall responsibility for operations was his. He bore this responsibility well and earned the honour he received. Sam can rightly take his place amongst the great leaders of Independent India "
The final plan to capture Dacca, instead of isolating the same, was made only on the night 9/10 Dec 1971, because of the rapid advances our troops could make due to the excellent performance of our Corps of Engineers & the IAF. The Navy had also peaked at the right time with effective embargo of the entire coast of East Pakistan, including Khulna and Chittagong.
Jacob states that even as late as 13 Dec 1971, Dacca was not in the Agenda of Sam. This claim may be contentious. The decision to launch the 50 Parachute Brigade, to capture Dacca was taken somewhere around 9/10 Dec 1971. This was a joint operation. Therefore, the IAF would also have the record.
But, as far as my study goes, Jacob, right from the beginning wanted Dacca to be declared as the final objective. But his view was not supported by his own Commander, Lt Gen Aurora, till late in the campaign.
Govt of India, late on 15 Dec 1971, had cleared the Invitation to lunch on 16 Dec 1971, given by Gen Niazi to Gen Jacob, at the Officers' Mess, HQ,East Pakistan Army, Dacca. Gavin Young of 'Observer', who also happened to be present for the lunch, captioned it as " The surrender Lunch" in his dispatch. It was a scoop for both- the Indian Armed Forces as well as the International Press.
Gen Jacob was well past his 90s in Dec 2014 and definitely would not be in a conciliatory mood to entertain any criticism about his role in 1971 War. Though many of his other claims on the conduct of the campaign and his claims of sole proprietorship to various decisions pertaining to strategy, tactics and politics, may not be readily accepted by the students of Military History, no one can deny the stellar role played by him in ensuring the unconditional surrender, which resulted in total moral and physical victory by our Armed Forces, over our adversary.
Thus his name will remain in the glorious chapters of our Military History, for ever. He was also the recipient of high decoration by the Govt of Bangladesh.
May his soul rest in peace, with the realization that our Nation is indeed proud of him.
Col TN Raman (Retd.)
[Tri Servcies Veterans]
In Jake we have lost an icon of our Army. Many Veterans have written about his demise and have expressed their sincere regrets. It was unfortunate that he was to become the center of some critical comments in 2011 and had to feel sorry. The reason was the two books he had written. Also, some of his remarks about Sam Manekshaw and Aurora, which did not go well with his detractors. Below is my own obituary to the great Military leader.
His true value in the 1971 Victory was in engineering the 'Unconditional Surrender' of the Pakistan Troops in the Eastern Wing of that country. Here, he definitely exhibited tremendous ingenuity, tact and resourcefulness, even in bypassing the hurdles posed by USA backed UNO's effort to organise a conditional surrender, instead of the 'unconditional' one. He could really browbeat Niazi into submission and obtain his signature on the document of surrender, not in Niazi's office as requested by him, but, at the Dacca Race Course, in full public view.Later, Niazi complained ( in his book ) about the browbeating techniques of an unrelenting Gen Jacob. " Jacob cheated me " is what Niazi wrote later.
In 2011, we had a detailed discussion on various aspects of this campaign, triggered mainly by some adverse but logical comments by R Prasannan, in his article " Petty Genius". Gen Jacob was very upset and had expressed his anguish, based on which, Col Anand, in We Gunners blog, had requested the Veterans to end the discussion.
Lt Gen JFR Jacob, has been voicing his views for many years, even when FM Sam Manekshaw was alive. He has said the same things in his book, "Surrender at Dacca" published in 1997. What ever appearing in his second book are not new. I find that all these remarks,( but for a very few like Gen Aurora taking the tray from a waiter to serve drinks himself), are from his Book published in 1997.
I will just quote one paragraph from the Book (page 154) where Gen Jacob states.
" I myself hold Sam Manekshaw in very high esteem. Despite differences in military assessments he was always kind, tolerant and considerate to me, for which I am for ever grateful. He was very popular with the rank and file and was respected by all. He was dedicated to the Army and upheld its dignity. As Army Chief and Chairman of the Chiefs of Staff during the 1971 war, the overall responsibility for operations was his. He bore this responsibility well and earned the honour he received. Sam can rightly take his place amongst the great leaders of Independent India "
The final plan to capture Dacca, instead of isolating the same, was made only on the night 9/10 Dec 1971, because of the rapid advances our troops could make due to the excellent performance of our Corps of Engineers & the IAF. The Navy had also peaked at the right time with effective embargo of the entire coast of East Pakistan, including Khulna and Chittagong.
Jacob states that even as late as 13 Dec 1971, Dacca was not in the Agenda of Sam. This claim may be contentious. The decision to launch the 50 Parachute Brigade, to capture Dacca was taken somewhere around 9/10 Dec 1971. This was a joint operation. Therefore, the IAF would also have the record.
But, as far as my study goes, Jacob, right from the beginning wanted Dacca to be declared as the final objective. But his view was not supported by his own Commander, Lt Gen Aurora, till late in the campaign.
Govt of India, late on 15 Dec 1971, had cleared the Invitation to lunch on 16 Dec 1971, given by Gen Niazi to Gen Jacob, at the Officers' Mess, HQ,East Pakistan Army, Dacca. Gavin Young of 'Observer', who also happened to be present for the lunch, captioned it as " The surrender Lunch" in his dispatch. It was a scoop for both- the Indian Armed Forces as well as the International Press.
Gen Jacob was well past his 90s in Dec 2014 and definitely would not be in a conciliatory mood to entertain any criticism about his role in 1971 War. Though many of his other claims on the conduct of the campaign and his claims of sole proprietorship to various decisions pertaining to strategy, tactics and politics, may not be readily accepted by the students of Military History, no one can deny the stellar role played by him in ensuring the unconditional surrender, which resulted in total moral and physical victory by our Armed Forces, over our adversary.
Thus his name will remain in the glorious chapters of our Military History, for ever. He was also the recipient of high decoration by the Govt of Bangladesh.
May his soul rest in peace, with the realization that our Nation is indeed proud of him.
Col TN Raman (Retd.)
[Tri Servcies Veterans]
Expected DA from January 2016 likely to change the Fitment Factor of 7th CPC - Col Ranbir Lamba
At the end of the Sixth CPC Regime all the Central Government servants are at the verge of receiving their last installment of Dearness Allowance in Sixth Pay Commission. Almost the DA from January 2016 will be finalized after the release of AICPIN for the month of December 2015. The eleven months AICPIN Points released from January 2015 to November 2015 by Labour Bureau suggests that there is a possibility to get 6 to 7 percent hike in DA from January 2016. But the AICPIN for the Month of December will determine the exact rate of hike in Dearness Allowance from Jan 2016.
The rate of DA, as expected by 7th Pay commission, if arrived at 125 % with 6% hike there will be no change in Fitment factor. Because the Fitment Factor 2.57 is arrived by adding the 125% DA, at the rate anticipated on 1.1.2016. If AICPIN for December 2015 necessitates changing the expected DA from 125% to the level of 126 % with hike of 7%, then there will be certainly an impact in the Fitment Factor of 7th CPC. In that case, there will be change in decimals of fitment factor
So, Expected DA from January 2016 will play vital role in determining Fitment Factor if it increases from expected level of 125% to 126%.
What will be the fitment factor if DA reaches at 126% from January 2016.
When it was anticipated that the DA will be 125 % from January 2016, The 7th Pay Commission stated in the Report that
“This fitment factor of 2.57 is being proposed to be applied uniformly for all employees. It includes a factor of 2.25 on account of DA neutralization, assuming that the rate of Dearness Allowance would be 125 percent at the time of implementation of the new pay. Accordingly, the actual raise/fitment being recommended is 14.29 percent”
If 126% of DA has to be taken into account for arriving Fitment factor with the recommended 14.29 % increase..
The Revised Fitment Factor will be as follows
The fitment factor after DA neutralization = 2.26
Increase of 14.29% over 2.26 = 0.32
Total (2.26+0.32) = 2.58
Col Ranbir Lamba (one man army)
[Tri Services Veterans]
The rate of DA, as expected by 7th Pay commission, if arrived at 125 % with 6% hike there will be no change in Fitment factor. Because the Fitment Factor 2.57 is arrived by adding the 125% DA, at the rate anticipated on 1.1.2016. If AICPIN for December 2015 necessitates changing the expected DA from 125% to the level of 126 % with hike of 7%, then there will be certainly an impact in the Fitment Factor of 7th CPC. In that case, there will be change in decimals of fitment factor
So, Expected DA from January 2016 will play vital role in determining Fitment Factor if it increases from expected level of 125% to 126%.
What will be the fitment factor if DA reaches at 126% from January 2016.
When it was anticipated that the DA will be 125 % from January 2016, The 7th Pay Commission stated in the Report that
“This fitment factor of 2.57 is being proposed to be applied uniformly for all employees. It includes a factor of 2.25 on account of DA neutralization, assuming that the rate of Dearness Allowance would be 125 percent at the time of implementation of the new pay. Accordingly, the actual raise/fitment being recommended is 14.29 percent”
If 126% of DA has to be taken into account for arriving Fitment factor with the recommended 14.29 % increase..
The Revised Fitment Factor will be as follows
The fitment factor after DA neutralization = 2.26
Increase of 14.29% over 2.26 = 0.32
Total (2.26+0.32) = 2.58
Col Ranbir Lamba (one man army)
[Tri Services Veterans]
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Wednesday, 6 January 2016
After Pathankot, what next? Why not?- A Surgical Strike , the need of the hour
Dear Minister,Hope you take a GREAT LEAP in the leap year!Before embarking on the serious issue, let me begin this message on a lighter note. There is a community in India about which the most talked about trait is their ability to retort ‘only verbally’ after receiving every slap by merely saying “ ab mara to koi baat nahi, agli bar mat marna”. This retort continues after every slap but the individual does not return the slap; and the slaps continue coming.By default we as a nation appear to have adopted this as our credo in governance on national security issues. How many more times we need to be slapped to wake us up from the impotent slumber, we seem to have slipped in, almost consciously. Intellectual minions of our nation have contributed hugely towards such profligate behavior on our part.For those who think that international community applauds our “NO RESPONSE” to continued acts of state sponsored terrorism, perhaps suffer from mental paralysis. Let me quote few examples. During a visit to forward areas in the western sector nearly 15 years back I was with a team of Defence Attaches. During the briefing by local Army Commander numerous instances of Pakistan aided terrorism were mentioned. An European DA asked as to how many times have we retaliated by carrying out similar missions in Pak territory. Local Army Commander answered by extolling the virtues of resilience, tolerance and co-existence ( I guess the poor chap was directed to say these words). Almost the entire gathering of DAs laughed out aloud. Yet another incident relates to a debate on BBC after the Kaluchak disaster in May, 2002. You may recall that our political, bureaucratic and military leadership had already taken the insane decision to mobilize the entire Indian Armed forces after 13th December, 2001 attack on Parliament, which was essentially a security lapse by Delhi Police/CRPF combine and complimented by our egoist and less than literate parliamentarians on security issues. One of the commentators bluntly asked the host as to why the Indian leadership was not retaliating with 1.3 million strong Indian Armed forces deployed in operational locations? During an official visit to J&K as part of a group, we were taken to meet youngsters apprehended by the Army and lodged in custody. They were in 20’s, few in 30’s. While speaking to them, one of them a graduate said “ Sahab Hamari Taraf se to koi Karravai hoti hi nahi woh aate hain aur mar ke chale jaate hain. Har baar yahi hota hai”.Mr Minister let me tell you that the entire international community laughs at us for continuing to suffer loss of lives and face repeatedly. Ever since Dr Rubaiya Saeed’s state orchestrated kidnapping and release of five terrorists in exchange for her release, we have been losing nearly 550 soldiers per year on account of Pak aided terrorist violence. In the past 26 years we have sacrificed nearly 15,000 valiant men on the altar of our meek, submissive, indeterminate and hollow leadership. To get the exact figures send your PA to Army Group Insurance office and he will obtain exact number of casualties due to terrorist attack during the period 01 Jan, 1990 to 31st Dec, 2015. Jan, 2016 figures may not be included because their claims are yet to be settled.Would you, Mr Minister attempt to take a leaf out of one of your predecessors, Late Mr VK Krishna Menon? It is he, who was instrumental in liberating Goa by employing the Air Power in spite of warning/threat/advice from USA and UK. Even the then PM did not support him wholeheartedly. Nevertheless the great man took the risk. Demented intellectuals of this nation have continued to abuse and curse Mr Menon over the years.Mr Minister, you have an unique opportunity in time and space. The question is “ Are you willing to grab the opportunity and go down in the annals of independent India as the Raksha Mantri, who truly defended the nation?”Are you willing to give the go ahead for a SURGICAL STRIKE by IAF fighters/Attack Helicopters to target known terrorists camps in POK?Incidentally POK is our territory. Hence a strike within our own territory does not mean an act of war with the neighbour. Of course the entire intelligentsia will rise against such preposterous option. Demented and morally coward intellectuals have permeated in the entire decision making process ignoring national security and self respect.There is nothing HAWKISH or DOVEISH about my suggestion. It has been the need of the hour for nearly two decades and we have failed every time.Of course if you have the courage to give the go ahead for a surgical strike, please direct the Strategic Force Commander to be ready to launch his wares in retaliation, if it happens. Believe me Mr Minister there will be no retaliation from Pakistan except for verbal abuse. If indeed a nuke is launched, let us absorb it and retaliate to eliminate the scourge of terrorism, once for all.A word about international geo-stratgic scenario. USA is in election year;too busy to look eastwards. Russia has her hands full with internal problems and Syrian involvement. Europeans are **** scared of the next terrorist strike. Middle east is burning in its ‘own oil’ in form of Shia-Sunni rivalry. China is too busy with South China Sea and building islands. In any case none of these nations care for Indo-Pak border skirmishes. USA no longer needs its air base at BADABER near Peashawar to launch another Gary Powers in U-2.Now on to some elementary issues. Our concept of airfield security evolves around the eminently potent assembly of one, may be two strings of barbed wire fence. At places even concertina wire and a wall can be found ably guarded by FOOT SOLDIERS deployed every 1000 meters or so equipped with eminently modern SLRs. Most of our guards have their ancestors from OWL family, hence no need for NIGHT VISION devices etc. Would you be kind enough to equip every single guard with most modern rifle, a vehicle and night vision device before 31st January, 2016? These are available in abundance in Israel. Have these airlifted. Now the budgeting; Kindly reduce the number of Rafales being purchased from 36 to 35. 65 million USD ( COST OF Rafale) will equip every single guard with what I have stated. Should you fail to do so, be prepared to lose many Rafales on the ground in their blast pens. Please do not waste your time by asking proposals from Air Hq and Defence secretary etc. Just do it!I have purposely not mentioned reactions of eminent personalities in visual and print media. Watching the visual media was like having your mind raped hour after hour with everyone insisting that we will teach Pakistan a lesson. What lesson?Remember you are a citizen first, Raksha Mantri later. My proposal relates to security of an ordinary Indian citizen. Are you waiting for yet another terrorist act? Come to think of it we happen to be in an extremely vulnerable window in January. We have NSA’s meeting on 15th, Makar Sankranti on 14th and of course the national republic day on 26th. I hope you have been briefed that Pak aided terrorists struck before every meeting of Indo-US officials during Op Parakaram period. They have struck now after our PM’s outstanding statesmanship of stopping over at Lahore.We have changed from the precept “ Terror and Talks cannot co-exist” to “Terror and Talks can co-exist”. Just modify it to “ Terror, Talks and retaliatory action can co-exist”. The nation wants a VISIBLE RETALIATORY ACTION.I am not insane in asking you to order a surgical strike. Pak retaliation with nukes to such strike is a myth. Even if it be a reality so be it. But we must strike terror camps in POK ‘as of yesterday’ to strike at the PSYCHE of Hafeez Sayeed and the likes. Then and only then the terror traffic from across the border will minimize, may be extinguish. In any case we should be prepared for a nuke strike the day these fundamentalists get hold of one device.May God grant you the wisdom and courage to order a Surgical Strike before next terrorist strike, which may not be too far away in time and space dimension. Should you fail to do so, you would have failed the nation as well as yourself, both as a citizen as well as Raksha Mantri. Dialogue will not stop terror strikes because Pak administration itself does not have control over these outfits.Regards,Gp Capt TP Srivastava(retd)
Shared by Colonel N K Balakrishnan ( Retd )
[Tri Service Veterans]
LEAD ME INTO BATTLE - COL P S SANGHA, VrC
A month ago our Indian Military Academy (IMA) course met in Dehradun to celebrate the Golden Jublee of our commissioning from the IMA. We were shown a short film titled ‘Making of a Warrior’. In the film the then Commandant is shown addressing the Gentlemen Cadets. He poses them a question: ‘ What is the soldier’s limit in combat?’ and goes on to answer thus: ‘ It is directly proportional to the combat limit of the officer who leads him in battle’.
In these simple words lies the very ethos of the Indian Armed Forces. The soldier, sailor and airman demands top level leadership from his officers. Since independence, India has been involved in four armed conflicts with Pakistan and one with China. There was also an ill- advised participation in ‘Op Pawan’ in Sri Lanka. Other than these the Indian Army has been involved in counter insurgency operations in the North East and Kashmir. In all these conflicts the officers of the Armed forces have shown exemplary courage and have led from the front. The military folklore is full of sagas of extreme bravery by all ranks. In the Air Force a Squadron Commander does not sit in the comfortable and safe confines of the Operations room. Instead he will fly the first combat mission himself. The Captain of a Naval ship will never abandon his ship in distress till all others have been evacuated safely. There is the famous saga of Capt Mulla who went down with his ship ‘ INS Khukri’ in the Arabian sea after it was hit by a torpedo in 1971. Some of the ship’s company were saved but many went down with the Capt sitting in his chair on the bridge.
Now compare this with the other elements of Indian security forces. Firstly, forces like CRPF and ITBP are wrongly called para military forces. There is nothing military about them. They are armed police forces. The CRPF frequently suffers heavy losses at the hands of the Naxals and Maoist rebels. It is a police force which is commanded by IPS officers’ right down to the Battalion level. The junior officers are recruited into the CRPF but their commanding officer is an IPS officer who has no experience of combat. He never moves out of his headquarters and thus gets saved from getting gunned down like the men he commands. One of the main reasons of the consistently poor show of the CRPF is lack of effective leadership. Unfortunately no government has taken any corrective measures.
Is there a solution to this? Well every year many short service commissioned officers retire after putting in 12 or 13 years of service in the Army. These officers would have served in counter insurgency operations for a number of years. They are physically fit and honed onto the tough disciplined life of the Army. They would make excellent leaders for such a force. This has been suggested by various pay commissions but the bureaucracy has for some reason or the other not allowed this to happen. There is a new government in place and the 7th Pay Commission is in the process of submitting it’s report. Apart from revising pay scales it must suggest ways of improving the efficiency of various elements of the government. The big question is,’ does the government have a will to make these changes’?
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ A COUPLE of months ago, we had a reunion at the Indian Military Academy, Dehradun, to celebrate the golden jubilee of our commissioning. A brochure was published, with details of those who formed a part of the passing-out course of the spring term of 1965. A quick look at it sprang up startling facts about the promotion pyramid of the defence forces. Of the 300 who passed out of the Chetwode Hall, only 34 (11 per cent) reached the rank of Maj-Gen and above. Of course, we know about the famous fauji promotion pyramid with a very broad base. What is not known in the civvy street is the tough route that exists between the base and the pinnacle. The military is all about competition from the time you join the NDA/IMA/OTA. Once you get commissioned, a slew of training courses get lined up for the young officer. The most important of these is the Staff College Course. It is tough to clear the entrance exam of this course. Less than 25 per cent of a batch make it. Having gone through this course, which lasts over a year, you have a good chance of making it to the rank of Colonel/Group Capt/Captain (IN). However, it will all depend on the ACRs that you earn, and if there is a drop in performance, it is curtains for you. So, the shedding starts from here onwards, till only about 10 per cent reach the rank of Maj-Gen. From here, about 25 to 30 per cent of this lot will go further to the rank of Lt-Gen and one of these (out of every four-five batches) becomes the Chief of Staff. Now, have a look at the other side of the moon. In the IAS, everyone in a batch will make it to the Joint Secretary level, unless you have run into some serious trouble. So also in the IPS, everyone becomes an IG in about 18 years of service. A big percentage goes on to get promotions beyond this level. For those who do not get it, the NFU has been factored in, wherein you catch up with your batchmates in terms of emoluments within two years, no matter what your present rank/ appointment is. No such provision for the forces. In the armed forces, even if your performance is at the top level, there may not be a place for you on the upper shelf. A few IAS/IPS officers do get deputed to attend the Staff College Course, along with the military guys. For them, the course is like a holiday, because there is no 'perform or perish' situation in their services. Further, there is little or no accountability for lack of achievement. The maximum that will happen is that you get moved to another ministry or city. Finally, if and when there is serious trouble, such as during a natural calamity, there is always the option of calling in the armed forces. This culture of no accountability and the absence of the ‘perform or perish’ factor is the main cause of slow development and the poor law and order situation in our country. Politicians come and go with every election but the bureaucracy has a firm base. No government has managed to shake that base and it is unlikely to happen any time soon.
Sunday, 27 December 2015
Sadbhavna is a humanitarian exercise, nothing else - Lt Gen Syed Ata Hasnain
The Army has seldom considered it necessary to explain just what Sadbhavna, its hearts and minds campaign is all about. It is now necessary in the light of increasing Separatist criticism of the noble exercise of the Army
Gowhar Geelani, in an online essay in Catch News titled “What the row over the Army’s ‘goodwill tour’ says about Kashmir’s polity” tries vainly to explain what the Army’s ‘hearts and minds’ campaign called Sadbhavna is all about. He makes the cardinal error of misquoting me right at the beginning with the obnoxious statement – “kick them in their pants, hearts will follow”. Geelani betrays his utter lack of research and even the perception of the people of J&K about my period of stewardship of the Valley. Many military commanders around the world, involved with counter insurgency have probably used this statement which can be ascribed to nobody in general. To put those words in the mouth of someone who tried to bring back dignity to the lives of the people in Kashmir, can only be judged by the people themselves. There is nothing more to say on this because its below dignity to even defend myself but its time Sadbhavna was clarified to not only the people of J&K but to the nation as well.
There is an increasing trend these days to question the credentials of the Army regarding its human rights record; partially brought on by greater connectivity in the cyber domain. Spreading canards too has become easier and the Army’s establishment is yet in the mode that rebuttals and explanations only exacerbate an issue not realizing they too have the technology and need only to expand the networks to enhance knowledge on the Army’s ways of dealing with national security problems.
To explain Sadbhavna (it is no longer called Op Sadbhavna, for over four years now, that is how outdated Geelani is), let me take the readers back to the days of strife in Nagaland, Punjab and even Sri Lanka. As a young sub unit commander with 120 men under me I usually established my camp in an area between a couple of villages. As an established practice the first thing was to adopt one or two villages, fraternize with the sarpanches, elders and clergy, and commence a small scale project which could give succor to the lives of the villagers. Everything was from the unit’s own resources, even medicines which my paramedic soldiers would distribute free of cost to needy villagers. The principle was from military text books – you can’t fight insurgents/militants by remaining estranged from the people from whom they have risen. Nothing will bring total friendship; after all it is their children whom you are fighting against. Yet, your fraternization will ensure that communications are open, your attitude will ensure that the militants remain in two minds and should they ever contemplate rapprochement then avenues and channels are always open. In later years we did receive some financial support for our efforts to meet expenses of medicines, reasonable meals on important national days but nothing which could make a material difference. I always found it was attitude which was the game changer; respect for women, elders and clergy always created a better environment.
When the J&K militancy commenced the Indian Army was already fresh from experience of Sri Lanka and Punjab and had years of institutional memory from the north east. There was a necessity for an institutionalized hearts and minds campaign with enshrined principles and operating procedures. J&K’s internal conflict was different, it was a proxy war sponsored from across the LoC. There was alienation and the same was being exploited by foreign terrorists. But even more importantly, and this is something the likes of Gowhar Geelani need to research, J&K’s civil administration was adversely affected by the security situation which prevailed in the state. As it is people near the border areas along the LoC depended for sustenance and essential needs upon the Army as the reach of the administration was limited. Local administrators preferred abdicating their responsibility to the Army and much of that exists to the day. That responsibility shifted inwards to the hinterland as the terror groups made it impossible for the civil administration to control certain areas. It was the Army’s outreach with medical camps which particularly endeared it and then small self-help projects like building a foot bridge. There were still very limited funds to make any material difference. The real institutionalization came in 1997 as a sequel to the understanding that the terror issue was now under semblance of control. Any self-respecting military force when confronted with a sponsored militancy of the proportions visible in J&K would be forced to employ hard power at the outset to control violence. Any professional will also tell you that the quantum of hard power has to taper off as soft power takes its place. This can be dynamic and flexible too as evident from the fact that the Army raised 27 additional units of Rashtriya Rifles (RR) after 1999 in order to stabilize the situation. Soft power is all about fraternization, outreach, succor to overcome the travails of the abnormal situation and keep a semblance of normalcy even as abnormal conditions prevail. All this helps the civil administration too to carry out its responsibilities.
Operation Sadbhavna (no longer is the prefix used) was formally launched in 1997 with a fixed budget which was allocated to each formation on the basis of the prevailing security situation. There were four primary fields selected and add ons were progressively made. Education (the main sufferer), medical facilities, small scale infrastructure and national integration were the original core areas. Later, women empowerment and human resource development apart from education became relevant themes too. Initially the coordination with civil administration was poor and duplication of efforts was evident. Progressively this got streamlined whereby the Army’s schemes and projects were coordinated with the planning departments of individual districts. The Army’s flagship achievement was in the education sector where its Army Goodwill Schools (AGS) stole the thunder in an emerging world where all parents wanted their wards to receive high quality education in clean, comfortable and safe environs. This has been the greatest contribution of the Army and I will explain why that is so, for the public. All Sadbhavna funds come from the Central Government yet all physical assets are handed over to the district administration through an elaborate procedure. However, in the case of AGS the same is retained with the Army on public demand. This ensures that the Army continues to use the ownership principle to continuously upgrade the facilities, maintain and innovate; financial management is professionally executed to build corpus for self-sustainment and maintenance of standards. The schools are run under state education rules and curriculum; something which has never been compromised. This has brought about the ire of the Separatists who see in the entire exercise the threat of better Army-Public relationship something which they assiduously work against. Without casting any aspersions on the education authorities a case in point of the Army’s deep involvement is the construction of toilet facilities for girl students in all AGS and extending this to the construction of such facilities for other government schools too; gender sensitivity is very much a part of the Army’s agenda which has no links to any of its aspirations, just the human need. In addition the Army also undertakes improvement of facilities in umpteen government schools some of which are simply two rooms for eight classes. Expansion of classrooms, provision of furniture, computer facilities and medical checkups for children is an unsaid thing. I wish the Separatists had the gumption to visit these facilities and avoid their insensitive comments in favor of continuing improvement to meet public aspirations.
In the medical field public health centers (PHCs) with virtually no medical equipment exist in many parts of J&K. The Army has provided state of the art equipment, urged the local authorities to hire doctors and paramedics and kept the facilities functional in many instances with its own manpower. Bricks of medicines for medical camps are always a priority with Sadbhavna planning and execution. These camps are conducted in way off areas where no civil doctors could ever venture on their own. It is to credit of the health authorities of J&K that the presence of medical staff alongside Army medical personnel has never been found wanting. Cataract operations for the old are conducted at Army medical facilities after initial examination of patients in the field.
In the medical field public health centers (PHCs) with virtually no medical equipment exist in many parts of J&K. The Army has provided state of the art equipment, urged the local authorities to hire doctors and paramedics and kept the facilities functional in many instances with its own manpower. Bricks of medicines for medical camps are always a priority with Sadbhavna planning and execution. These camps are conducted in way off areas where no civil doctors could ever venture on their own. It is to credit of the health authorities of J&K that the presence of medical staff alongside Army medical personnel has never been found wanting. Cataract operations for the old are conducted at Army medical facilities after initial examination of patients in the field.
In the field of gender issues and women empowerment the Army has opened facilities for rural women folk to use their talent, learn new activities and generally use their time creatively to earn some extra income for themselves; individual bank accounts have also been opened for these women to save part of their frugal earnings. The centers set up for this also impart instruction on hygiene, rights and child health.
I cannot help but mention that during the post-earthquake period in 2005-6 it was the concept of Sadbhavna and its refined procedures which helped people gather their lives and start all over again. The trust which had been built through the transparent use of funds and creation of facilities urged the local population of Uri and Tangdhar to demand that all relief work be handled only by the Army. It made the Army quite unpopular with the Separatists. To take the argument further, in winter 2011-12 as much as during the snow tsunami of 2004-5, it was only the Army whose efforts at relief to the public went on uninterrupted. Many expectant women were evacuated from the higher reaches and deliveries done at government facilities in nearby towns and villages. No one asked the Army to clear the vehicles stranded or broken down in snow, nor did anyone react to put an end to the black marketing of mobile charging; the Army was there, first out and last in and created mobile charging facilities free of cost. Quite obviously Gowhar Geelani has never been exposed to this nor cared to research. I was not kicking people in their pants, my troops were putting themselves to discomfort to assist their countrymen just as they would do in any part of India.
We have not even come to the issue of national integration and awareness tours (the issue so vociferously raised by the Separatists), not spoken of the umpteen cricket matches, employment awareness camps, training to prepare youth for recruitment to various national and state services, training in dairy and animal husbandry or even the veterinary camps. Even more than that the very understanding of protecting the public from the ills of sponsored proxy war has never been explained to the intelligentsia of J&K. Gowhar Geelani and indeed Yasin Malik will be given all their answers in the next part of this essay.
I cannot help but mention that during the post-earthquake period in 2005-6 it was the concept of Sadbhavna and its refined procedures which helped people gather their lives and start all over again. The trust which had been built through the transparent use of funds and creation of facilities urged the local population of Uri and Tangdhar to demand that all relief work be handled only by the Army. It made the Army quite unpopular with the Separatists. To take the argument further, in winter 2011-12 as much as during the snow tsunami of 2004-5, it was only the Army whose efforts at relief to the public went on uninterrupted. Many expectant women were evacuated from the higher reaches and deliveries done at government facilities in nearby towns and villages. No one asked the Army to clear the vehicles stranded or broken down in snow, nor did anyone react to put an end to the black marketing of mobile charging; the Army was there, first out and last in and created mobile charging facilities free of cost. Quite obviously Gowhar Geelani has never been exposed to this nor cared to research. I was not kicking people in their pants, my troops were putting themselves to discomfort to assist their countrymen just as they would do in any part of India.
We have not even come to the issue of national integration and awareness tours (the issue so vociferously raised by the Separatists), not spoken of the umpteen cricket matches, employment awareness camps, training to prepare youth for recruitment to various national and state services, training in dairy and animal husbandry or even the veterinary camps. Even more than that the very understanding of protecting the public from the ills of sponsored proxy war has never been explained to the intelligentsia of J&K. Gowhar Geelani and indeed Yasin Malik will be given all their answers in the next part of this essay.
(The writer has the vast experience of serving in J&K through seven tenures ending as the GOC of the Srinagar based 15 Corps during the challenging period of 2011-12)
feedbackexcelsior@gmail.com
feedbackexcelsior@gmail.com
Colonel N K Balakrishnan ( Retd )
[Tri Services Veterans]
DAILY EXCELSIORSADBHAVNA IS A HUMANITARIAN EXERCISE, NOTHING ELSE PART II - DAILY EXCELSIOR 24 DEC 2015
PRIMER
Part II of the article on Sadbhavna published today by Daily Excelsior, Jammu. The Editorial Board has been more than kind to afford so much space for these pieces which have been written to educate the public at large. Translations also being published. It is going out on Twitter, Facebook and Whatsapp. Request maximum people to share these two pieces through every kind of social media. It is a national duty to counter propaganada of anti national and separatist elements.
Part II of the article on Sadbhavna published today by Daily Excelsior, Jammu. The Editorial Board has been more than kind to afford so much space for these pieces which have been written to educate the public at large. Translations also being published. It is going out on Twitter, Facebook and Whatsapp. Request maximum people to share these two pieces through every kind of social media. It is a national duty to counter propaganada of anti national and separatist elements.
Full script placed here for ease. Link also given below.
http://www.dailyexcelsior.com/sadbhavna-is-humanitarian-ex…/
If you are sharing please copy paste my PRIMER at the beginning.
SADBHAVNA IS A HUMANITARIAN EXERCISE PART II - DAILY EXCELSIOR 24 DEC 2015
Lt Gen Syed Ata Hasnain
In Part I of this essay an attempt was made to explain the concept of ‘hearts and minds’ and how in sponsored proxy conflict situations this concept needs even greater energy in adoption. A few explanations are necessary about basic understanding of ‘irregular conflict’ in which the ‘people’ form the center of gravity or the hub. Military Civic Action (MCA) is another way of describing ‘hearts and minds’ campaign and both form a part of basic military doctrine while fighting ‘irregular conflict’ when ‘people’ are involved at the core.
In Part I of this essay an attempt was made to explain the concept of ‘hearts and minds’ and how in sponsored proxy conflict situations this concept needs even greater energy in adoption. A few explanations are necessary about basic understanding of ‘irregular conflict’ in which the ‘people’ form the center of gravity or the hub. Military Civic Action (MCA) is another way of describing ‘hearts and minds’ campaign and both form a part of basic military doctrine while fighting ‘irregular conflict’ when ‘people’ are involved at the core.
Hard power is used to prevent the violent elements dictating the narrative and discourse. In the course of its usage there is inadvertent and in stray cases sometimes deliberate intimidation which results in an alienation effect across the populace. At any stage there is a need to soften the effect of hard power because the populace remains sandwiched between the terrorists and Army. The scope for the Army to carry out MCA is contingent upon the stage of the conflict, the level and type of alienation and the receptivity.
Much against what the Separatists say there is tremendous enthusiasm for the fourth element of Sadbhavna – National Integration, which has been recently in the news all over Kashmir and was not commented on in Part I of this essay. National integration is an element of Sadbhavna which involves promotion of sentiments and aspirations to expand the horizons of thinking to take in the rest of India. Not every person in Kashmir or the Muslim dominated areas of Jammu is a separatist or has separatist leanings. There are many children who watch television, sense the culture of growth all over India and the world and changes in living pattern that brings. It enhances aspirations and leads to a desire to sense this physically and relate to it. You do not have to be a psychologist to conclude that. Ever since 1991 India’s growth story has been phenomenal. At the same time since 1989 J&K has seen an abnormal situation and the generation born around that time has seen little happiness. As it is, it was not easy to travel from the Valley or Ladakh, earlier and that is true even now, although things have improved by leaps and bounds. These tours are organized to overcome this shortcoming and incidentally are not limited to people of J&K; they extend to all people of the North East too on the principle of being distant areas from where travel to the heartland of India is not easy.
All that the Army has done is the creation of a system by which it facilitates travel of a few people to some well-known destinations in India, especially those which are popular to different segments of society. Students are taken as far away as Infosys campus in Mysore to showcase iconic infrastructure involving working and living conditions. Bangalore’s IT institutions make a popular destination for the young. The Golden Triangle, Delhi-Jaipur-Agra, is India’s most popular tourist route; student groups, women only tours and trips for elders are organized to visit these cities to allow them enjoyment and exposure as per their individual interests. Leave it to the Army to determine what the aspirations are; it is always sensitive to that. The elders go to Gharib Nawaz at Ajmer and Nizamuddin Aulia at Delhi, their areas of interest; women and youth often go to historic sites but always have a trip to Delhi’s malls thrown in, with a meal at a MacDonald outlet and perhaps a film at a PVR theater. It is momentary happiness which human beings seek and are entitled to. No one lectures them on politics and ideology and they meet some famous personalities. Each such tour is meticulously planned and with great sense of responsibility. Planning begins a couple of months before and coordination is done with a local Army formation at the concerned location. Care is taken to space the tours out so as not to impinge on the limited facilities the Army formations can offer. Units deployed in J&K make bids for these tours as per demands of the local population. An officer and support staff of a JCO and two or three soldiers always accompanies the tour. More importantly if it is an all-girls tour an officer’s wife invariably accompanies along with lady teachers. Perhaps the Separatists need to send their representatives to enjoy the recreation, education and organization skills on display that these tours provide. No tour is complete without an essay and photographic competition and a full wrap up function at which the parents are invited. Photo albums and even DVDs are provided as memorabilia. I have been witness to functions at which students have cried and refused to return home; such are the bonds that are created. A little happiness goes very far in human relationships and development. This is all education, giving to the mind thoughts and memories to dwell upon.
Allegations regarding Indianization efforts and doctored videos to project happy youth on return are a perversity of the Separatist mindset which the Army should never bother about. No one needs to Indianize these people, they belong to India and except in the intensely negative environment which the Separatists thrive in, these young people think, act and live as Indians and happily at that. Civil society that Geelani mentions in his article is nothing but a representation of separatist sentiments. There are shades of civil society all over J&K and no one holds a common brief for any segment; they are all free to exist and express as anywhere else in India.
A word on cricket, J&K’s passion. When we had the Kashmir Premier League organized in 2011 and 2012 it was with the sentiment that Kashmir possessed the talent but provided little outlet to develop and capture it. The passion with which the meticulously organized tournament was received was enough indicator that Kashmir’s youth had missed what it loved, only because of the negativities of the environment. The tournament was then extended to Jammu region with equal fervor. It is a sad commentary on the Army’s financial managers that they could not go beyond their narrow rules and regulations to continue with what had started as an exercise for the love of sports, something that the populace of J&K is made for. I go to the extent of stating that they (the financial managers) fell for the machinations of the Separatists.
Gowhar Geelani’s credentials get blemished with his utter lack of understanding of the ‘Hearts Doctrine’ conceptualized and introduced by the Army in 2011. By quoting out of context from articles by me and others in professional journals, he misses the essentials which I need to explain to the public. Sadbhavna is insufficient as a concept to bring positivity in an all pervading environment of negativity. Politics are separate, human beings need to thrive and grow away from that. Soldiers are not necessarily sensitive to the emotional and psychological needs of the people of an area in which they serve. They see things in black and white and straight lines and cannot easily apply their mind to emerging situations. Sadbhavna gives material succor and its national integration programs provide platforms for establishing trust. However, it has to go beyond that with deliberate respect for dignity of the people even in the face of constraints. We termed it ‘force ethos’ which is simply the establishment of a belief in respect for local faith, way of life, culture and dignity. By educating all soldiers on the psychological needs of a populace suffering travails of conflict we promoted better attitude, more sensitivity and greater respect for local ways. Convoy management gave civilian traffic more road space and ability to move unimpeded besides reaching work places on time. Awami Sunwais gave opportunity for the civil administration to go to areas which it could not otherwise access easily, and listen to people’s grievances. Seminars were conducted for students to allow them to give vent to their frustration and also be educated about opportunities for training and skill development.
When conflict transformation stage is reached the Army has more time and can focus on assisting in the retrieval of public morale; the Hearts Doctrine was just that, an attempt to go beyond Sadbhavna. It received tremendous response as can be judged by the friends that I personally and the Army in general made and successors continue to make.
At the end of the day the message that must be taken from my explanation of Sadbhavna is that the people are never adversaries of the Army. The Army is constrained to function in a certain way at the early stages of such a conflict because of which a perception is created that it is against the people. Certain population control measures are required to safeguard the people who, as repeatedly said, are the focus and the center of gravity. To offset the perception that the people are the Army’s adversaries deliberate engagement, fraternization and outreach are all necessary. Sadbhavna has done all that and the Hearts Doctrine has added to its value through better understanding of public sentiment and restoration of public dignity. A hundred percent retrieval of what is lost in conflict situations is never possible. Yet, honest effort to regain what is lost is essential.
Lastly, victory in such situations is only gained once the respect and trust of the people is regained. Sadbhavna is just that, a continuous and ongoing humanitarian exercise to regain whatever trust and respect that may have been lost.
Lastly, victory in such situations is only gained once the respect and trust of the people is regained. Sadbhavna is just that, a continuous and ongoing humanitarian exercise to regain whatever trust and respect that may have been lost.
(The writer has the vast experience of serving in J&K through seven tenures ending as the GOC of the Srinagar based 15 Corps during the challenging period of 2011-12)
Overhauling of the military justice system
- Looking Within: A committee reporting to the defence minister has suggested far-reaching changes for the armed forces
- Tilt The Scales: Chief among its recommendations is a complete overhaul of the military justice system
- Going Easy: It also wants the defence ministry to become less litigious and not take an obdurate attitude towards soldiers
In July, defence minister Manohar Parrikar set up a committee with an unusual brief. Former services officers all, the members were told to shed their baggage and take a hard look at grievance redressal, pension-related matters and service-related litigation—all of which have taken adversarial tones in recent years. Parrikar wanted suggestions on institutional mechanisms that would bridge the gap between the ministry and the soldier.
The committee, too, has stayed true to its brief and made observations that are staggering, coming as they do from top brass wont to exert control. The former faujis—Lt Gen Mukesh Sabharwal, Lt Gen Richard Khare, Maj Gen T. Parshad—and Maj D.P. Singh and Navdeep Singh, a lawyer, want an overhaul of a colonial hand-me-down that is downright unfair on soldiers of a modern democracy. Risking the ire of the uniformed frat, which guards its systems with ferocity, they’ve said: “Fairplay and justice cannot be sacrificed at the altar of military discipline.”
They’ve raised questions resisted by the system so far: How impartial is the military justice system? And how insulated is it from command influence? Making a case for far-reaching changes in the dispensation of military justice, the committee says, “Gone are the days when defence establishments could invoke the veil of confidentiality or fear psychosis in all matters in the name of national security. This is understandable in operational and strategic matters, but cannot be allowed to impact administrative, personnel, pensionary issues.”
Military trials have often been challenged in courts on the ground that they lack in independence and are under the influence of the convening authorities. Superior military authorities even have the power to revise the sentences or findings of courts martial. The committee found that, in the military justice system, there was no clear separation of the powers of the executive and the judiciary. No wonder when these verdicts are challenged in higher, civilian courts, they have often resulted in strictures.
Progressive democracies like the US and Canada have already created impartial, independent military justice systems, but in India, as the committee noted, “all main organs of a court martial continue to be subordinates of the convening authority, which puts a doubt on their impartiality” and “visible and invisible strings of the military justice system are intertwined with the chain of command”. Agreeing on the need for reforms, former army chief Gen V.P. Maliksays, “As our society and systems evolve, old rules and laws are amended. Our military laws are archaic, the structures and procedures should become more impartial. But it has to be done with care, without affecting discipline.”
One major suggestion from the committee is that, in all three services, the presiding officer and others on a court martial should be from a formation outside the influence of the convening authority. It also says a standing court martial system with suitable infrastructure must be created at two or three military stations under all commands so as to do away with the ad hoc courts martial convened in remote military locations.
The committee comes down heavily on summary courts martial (SCMs), in which, it notes, principles of natural justice and basic legal norms are unknown! SCMs are provisions for quick dispensation of justice, chiefly a wartime provision to punish errant soldiers. But some 500 SCMs take place every year, and the establishment says they may be draconian but are essential for maintaining discipline. In the US, on the other hand, an SCM can be conducted only if a soldier gives his consent; besides, he cannot be dismissed by SCM.
The committee was particularly exercised by the way courts martials are conducted. It says justice cannot be sacrificed for discipline.
In India though, commanding officers can mete out harsh punishment—such as dismissal or imprisonment in a civil jail—without spelling out judgements or explaining decisions. In one egregious SCM case, set aside by the Supreme Court in 1987, sepoy Ranjit Thakur was dismissed for disobeying his superior’s order to eat while he was in disciplinary custody. The SC observed that “the sentence should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias”. The committee has recommended that, as a beginning, SCMs should be used sparingly, and only in operational areas. Gradually, they must be replaced by a system that meets constitutional norms.
As a first step for the complete overhaul of the military justice system, the committee recommends a seven-member study group. It must comprise members from the army’s Judge Advocate General (JAG) branch, the army and civilian sides, and two independent experts. They must be given six months to create a common code for all three services, with service-specific cadres of independent military judges. And the current ad hoc juries must go. The committee also wants provisions to insulate the military justice system from senior commanders’ influence.
The defence ministry, says the committee, is a “compulsive litigant”, contesting cases against its own human resources even when matters have been settled by constitutional courts.
There are more than 16,000 cases of servicemen before the courts, and 90 per cent of appeals relate to the challenging of disablility benefits. In a letter of December 9, 2014, the defence secretary, on Parrikar’s instruction, had asked all its arms to apply court verdicts that had reached finality to all employees to whom they might apply. Response was weak, indicating the obduracy in the system, and in September this year, the attorney general had to remind the wing in charge of ex-servicemen’s welfare that cases and appeals meeting such criteria be disposed of, for the SC had even imposed costs on the ministry for stubbornly continuing with such cases.
A more serious matter is that of the ministry not implementing courts’ and armed forces tribunals’ decisions. The committee notes that there seems to be “an unwritten policy that decisions are not to be implemented unless a contempt/execution is filed by the litigant”. Many such cases relate to pensions, often of disabled soldiers, widows, or old and infirm veterans. It strongly recommends implementation of decisions within the time frame set by courts. And with cases related to women officers, the subject of much recent debate and litigation, it has recommended that henceforth appeal in court decisions favouring women officers and their cadre management be filed only after seeking the specific approval of the defence minister himself.
Conscious perhaps of how radical suggestions can be scuttled by power centres in the civilian and military bureaucracy, this committee reported only to the def-ence minister, having completed its work in four months. All eyes are now on Parrikar, to see if he will see such unorthodox proposals through. Notable among them is a proposal to allow social-media interactions within the forces. Commanders may write blogs, it says, and “intrusive” procedures to restrict social media use by military personnel must go. Glasnost in uniform
- Col NK Balan
nkbalan.col@gmail.com
[Tri Services Veteran]
Friday, 25 December 2015
Let's find the truth, and not loopholes
Dec 25 2015 : The Times of India (Bangalore)
The nation is hardly bothered to know whether Bollywood actor Salman Khan was drunk or not. Whether he was driving on the D-day or not? What concerns every citizen of this country is why it took 13 long years for the system to decide a simple matter of fact? Why was the tax payers' money and prime time on visual media wasted to debate a matter-of-fact issue which, in any progressive society , would have taken a few days to be decided?
After everything is over, there is typical hue and cry and chestbeating about the `botched up' investigation by police. Nothing surprising or amusing. Like a compass needle that always points towards north, the accusing finger for every ill in our country points towards police. Why did no one talk about it when he was slapped with five-year imprisonment? How could two judgments based on exactly the same set of evidence and arguments be diametrically opposite! Irrespective of whether the investigation was perfect or otherwise, the fact is, that it remained unchanged while the judgment swung from one extreme to the other. Imagine two levels of police set-up taking such a diametrically contradictory stand on the outcome of an investigation.Mayhem would have let loose.
Police get 60 days to finalize investigation by collecting every possible evidence most of which is from non-cooperative and hostile sources. No one wants to unnecessarily get entangled in somebody else's problems. Same system gives 13 years for the defence to search loopholes and technical flaws in the investigation! Finding deficiencies is not difficult in any case.
In fact, if Kasab and perpetrators of Nirbhaya's rape could afford, and had it been politically correct to defend them, enough deficiencies and technical loopholes could have been found in those investigations too to get them acquitted. Thank God they could not afford.
The battle between prosecutor and the defence is that of un-equals.A lowly paid prosecutor whose job is to stitch hurriedly collected evidence and witnesses, many of whom are reluctant and pliable, is pitched against a highly paid battery of defence whose single-point programme was to find loopholes, deficiencies and technicalities in the investigation and get their client acquitted.
It is disheartening to see the acquitted accused, flashing victory signs and reposing his faith in the judicial system. Every accused claims let law take its own course but in reality , every possible impediment is put in the way of the law taking its own course. Every accused exploits our criminal justice system to his her advantage by searching loopho es and loose-ends for hisher benefit Not surprising that every accused has full faith in our system. His/her confidence comes from the ability to delay .
The only person who has little expectation from the system is the victim. Here the victim is left wonde ring what did he get from the system after 13 years of ordeal. Only fault of his was that he was poor and had no capacity to plead his case. Does the responsibility of finding the truth only rest with police?
Expecting a standard of proof “beyond all possible doubt“ instead of “clear and convincing“ to declare any accused as `guilty' places an un reasonable burden on the prosecuion and ill-numbered and ill-equipped police. Let us not forget that we have a collective mandate to find the ruth and not merely the loopholes!
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