1 Feb 2014

Naval officer among four arrested in skydiver death case

Sharath S. Srivatsam. 

One of the four persons arrested by the Salem police over the death of a Bangalore-based woman in Salem on Thursday, is a serving Indian Navy officer.

The arrested, Commander N. Rajesh Kumar, once a top naval skydiver, had been through court martial proceedings by a naval board of inquiry in 2011 for alleged financial misdeeds, a naval source said. Though he was sentenced to two years rigorous imprisonment, the Delhi High Court has stayed the order. He is currently out on bail, the source said, adding that he is a qualified skydiving instructor.

Cdr. Kumar, who hails from Madurai, is serving in the Eastern Naval Command at Vishakapatnam.

A senior official in the Eastern Naval Command confirmed that he was earlier a member of the Navy’s core team of skydivers and had trained several Navy personnel.

A former armed forces personnel who knows Cdr. Rajesh said he was first trained at the Directorate of Air Force Adventure in skydiving during 2000–01 and later the Navy sent him abroad for further training. “Cdr. Rajesh is a very good skydiver,” he said. However, he added, “Serving naval officers are not allowed to take part in commercial activities.”

Salem district Superintendent of Police R. Sakthivel confirmed that Cdr. Kumar is a serving naval officer based in Vishakapatnam, and added that he was now on leave. “He was part of training programme and was actively involved in training sessions. When the accident took place, he was on the ground.”

via The Hindu

Extramarital affair gets Naval officer the sack

The Navy is all set to sack a senior officer, who was posted in the sensitive directorate of naval operations in New Delhi, for allegedly having an extra-marital affair.

The captain-rank officer (equivalent to a colonel in Army) was undergoing the top-notch Higher Defence Management Course (HDMC) in Secunderabad when he allegedly had the affair, said sources.

But when the woman apparently asked the officer to marry him, he refused saying he was married with two young children and was not willing to divorce his wife. The woman complained to Navy chief Admiral D K Joshi - who had earlier declared that the force had a "zero-tolerance" policy against "personal demeanours" -- and also provided proof of the intimate relationship.

The Navy ordered a Board of Inquiry (BoI) against the officer, after shunting him out of the naval operations directorate, to verify the facts of the complaint. "It was found the officer and the woman, a doctor, had studied together in the naval school in Goa as kids earlier. They then went their separate ways before meeting once again a couple of years ago and established sexual relations,'' said a source.

After the BoI completed its probe and held the officer guilty, he was issued a show-cause notice to explain his conduct and asked why action should not be taken against him. The Navy has recommended to the defence ministry that the officer be dismissed through administrative action.

via The Times of India

Army jawan commits suicide in J&K

An Army jawan has allegedly committed suicide by consuming poison in Udhampur district of Jammu and Kashmir, police said on Friday.

Balwant Singh, a Territorial Army jawan, committed suicide yesterday near village Lanu in Udhampur district.

Singh was rushed to a district hospital at Udhampur by the family members where doctors declared him as brought dead, they said.

The body has been handed over to his family members after conducting legal formalities, they said.

Police have registered a case and a probe is on.

via The Times of India

31 Jan 2014

Colonel charged for misbehaving with unit officers' wives

Man Aman Singh Chhina.

In yet another scandal to hit the Army, a Colonel of the Sikh Light Infantry has been chargesheeted for behaving in a manner unbecoming of his position and the character expected of him.

Col Navraj Singh Grewal of 13 Sikh Light Infantry has been accused of misbehaving with wives of officers under his command wherein he kissed them, used improper language and even tickled their feet.

Col Grewal had been serving as the Commanding Officer of 13 Sikh Light Infantry at Jalandhar in Punjab when these incidents took place. He is presently attached with an infantry brigade in Ferozepur.

He has now been served with a chargesheet, a copy of which is with Headlines Today, by the Commander of the infantry brigade wherein he has been charged with 15 counts of Section 45 of the Army Act which deals with improper conduct, two charges of Section 47 which deal with using criminal force to a person subordinate in rank wherein he slapped two jawans and one charge of absenting himself without leave under Section 39 9a) of the Army Act.

However, it is the behaviour of Col Grewal with the wives of officers of his unit which has raised eyebrows. The charges clearly list out his actions with the ladies. He is alleged to have improperly pulled the hands of a lady on several occasions, tickled the feet of another major's wife, asking for kiss and for making improper comments.

The accused officer has moved the Armed Forces Tribunal in Chandigarh against the chargesheet.

If the Army proceeds against him on the basis of accusations faced by him he could face a trial by a general court martial.

via India Today

22 year old Army jawan kills self

A 22-year-old Army jawan was found dead in his room at an Artillery establishment under the Army’s Southern Command, in Ghorpadi, on Thursday morning. Police suspect it to be a case of suicide and the Army has ordered a court of inquiry (COI) into the incident.

Identified as Ajay Pandurang Patil, the deceased was a native of Nandyal village near Kolhapur. Patil was a Gunner from 204 Artillery Field Regiment.

In a press statement, the Army stated, “Gunner Patil of Artillery Branch was found dead by hanging at an Artillery establishment in Pune on Thursday. The incident was discovered in the morning. A court of inquiry has been ordered by the Army. The police have also been informed. The Army is investigating the case and will provide all necessary assistance  to the police.  The deceased is survived by his parents, a brother and a sister.”

According to the police, Patil’s body was found hanging from the ceiling fan of his room around 7 am. He

was rushed to the Army’s Command Hospital where doctors declared him dead on arrival. The body was then taken to the State-run Sassoon General Hospital for post mortem.

Around 100 people were waiting outside the morgue and were accompanied by police officials and a few colleagues of Patil from the Army. A relative told Mirror, “It is a shock to all of us and we are yet to recover from it.”

Patil had recently completed three years in Indian Army and before his posting in Pune he had served at Bidar

district. “A person known for his happy-go-lucky attitude, Patil would have never attempted something this extreme,” he insisted.

Patil was quite popular among his colleagues. He was to be relocated to
Assam soon.

via Pune Mirror

30 Jan 2014

Retired Colonel on Shooting Spree, 2 Hurt

Two persons were injured after a retired Army officer allegedly shot them near the Valiyavila junction in the Poojappura police station limits around 9.15 p.m. on Wednesday.

The police said Lieutenant Colonel (Retd.) M. Brelvi was taken into custody. He allegedly fired his revolver at a crowd that had blocked him after his car hit a pedestrian. The two injured were identified as Manoj, 35, and Venkateswar Rao, 47. They were taken to the Government Medical College Hospital here, and subjected to emergency surgeries.

The condition of Mr. Rao, who was shot in the abdomen, was serious, while Mr. Manoj, who was injured in the right leg, was out of danger, according to available information.

The police said that after Mr. Brelvi’s car hit a pedestrian near the Valiyavila junction, the local people refused to let him go. He allegedly lost his cool after arguing for long with them, and reportedly pulled out his revolver and opened fire at them.

The crowd is then said to have manhandled Mr. Brelvi, who was shifted to the General Hospital from where the police have secured his custody.

With Mr. Rao being a Left activist, Left parties took out a protest march towards Mr. Brelvi’s house near Valiyavila.

via The Hindu

Army's goodwill at stake: Omar Abdullah

In his first reaction on the 2000 Pathribal encounter case, Jammu and Kashmir Chief Minister Omar Abdullah has flayed the Indian Army, saying that it needs to be "a lot more accommodating".

The Army had on Friday closed its probe in the case, acquitting the five accused soldiers, saying the evidence recorded could not establish prime facie charges against any of them.

Abdullah said, "The Army has said that they don't have enough to proceed with the court martial. I hope the Government of India recognises the decision of the Army has not gone down well. This is a matter which is currently in front of the Supreme Court as well. The AFSPA argument will come up again. The CBI has found evidence, how can the army say that they cannot accept this?"

The CBI had in 2006 indicted the five accused Army personnel - Brig Ajay Saxena, Lt Col Brahendra Pratap Singh, Maj Saurabh Sharma, Maj Amit Saxena and Subedar Idrees Khan - stating that they were involved in the gunning down of five villagers and dubbing them as foreign militants before the media.

The investigative agency, in its chargesheet, stated that the killing of the innocents was a result of "tremendous psychological pressure" on the Army to show results after the massacre of 36 Sikhs in Chittisinghpura in the valley on the eve of the visit of then US President Bill Clinton to India.

"One Macchil doesn't make everything else fair. All the goodwill the Army has earned has been undone by a Pathribal decision. This is one of the few test cases," the 43-year-old said, referring to the 2010 Macchil fake encounter case for which the Army court-martialed six of its officers.

The young Chief Minister also ruled out Arvind Kejriwal-style protests to press for his demands.

"Arvind Kejriwal did a dharna outside the Rail Bhawan. What did he end up with? Two policemen go on paid leave? We have to give logic to the government of India. How would you react if any Chief Minister sat outside the Ministry of Defence on the AFSPA? Would you be open to that thought?" he asked.

Abdullah also said that the National Conference's alliance with the Congress was "under discussion". "There are reservations in our party. Sections in the Congress too would like to do it alone," he said.

via IBN Live

Why another war memorial?

Lt-Gen Harwant Singh (retd).

The news that a 'world-class war memorial and museum' is being built at Amritsar and that Punjab chief minister Parkash Singh Badal will lay the foundation stone on February 12 has come as a shock to the veterans and caused widespread dismay. The chief minister may not be aware that there is a state war memorial at Jalandhar and state war museum at Ludhiana. In addition to these, there is Anglo-Sikh War Memorial at Ferozeshah near Ferozepur and Saraghari War Memorial at Ferozepur, and a Gurdwara at Amritsar in memory of those who laid down their lives at Saraghari. Some of these war memorials are in a poor state of maintenance and upkeep. One does wonder if the chief minister and any of the other ministers have ever had the time or inclination to visit any of the existing memorials and museum!

Fewer recruitments
The only purpose these monuments seem to serve is to remind us that, 'once upon a time,' the people of Punjab had war-like spirit and abundantly contributed to the defence of the country. During those periods, young men from Punjab joined the defence services in large numbers and in percentage terms it used to be over 20%. That figure has come down to 2% in the case of officers and just over 2% for soldiers. Entry into the officer cadre has dropped because of poor performance in written examinations, where very few are able to pass the initial written test and the few that do manage to get past the initial hurdle, do not fare well in the interview etc, partly perhaps due to poor skills at speaking English, confidence and physical fitness.

In the case of soldiers, there is a double whammy at play. One, inability to get past physical fitness tests and two, extremely limited vacancies. Use of drugs at a large scale has destroyed the physical fitness of Punjabi youth. Recruitment in the military was a major avenue of employment, but some time ago, a new policy was introduced which in simple terms means that the percentage of vacancies in the army from Punjab would be in percentage terms same, as its overall percentage of males of recruitable age, in the country. This formula places the Punjabi youth at a great disadvantage because government job opportunities, as such, within the country are not related to any such proportionate basis. So how can such a formula be applied only in relation to entry into defence services, which otherwise was a major avenue for employment of youth from Punjab.

Great disadvantage
On the other hand, Punjab was put at a great disadvantage when industrial policy for the country was worked out in the 1950s. A group of bureaucrats drew a line across the map of the country, west of which no heavy industry was to be located, due to proximity of border with Pakistan. Therefore, no heavy industry was set up in the province, with the result no ancillary industries came up and that impacted industrialisation of the province. That limited job opportunities. More recently, the industrial policy of the country has worked against Punjab and in favour of Himachal Pradesh and Jammu and Kashmir. This has resulted in a large number of industrial units shifting out of Punjab, further cutting into availability of jobs.

Therefore, the Punjab government would be well advised to resolve these issues with the central government and demand rightful share of job opportunities for its youth. Since setting up industries etc is time consuming and gets related to many other issues, the immediate remedy lies in increasing the recruitment quota in the army to at least 15%. In addition, the Punjab government should work towards improving quality of education and deploy available financial resources in providing the essential facilities in terms of infrastructure and equipment in government schools and colleges, rather than on, yet another war memorial and war museum. Limited funds available to the Punjab government need to be put to more productive use.  

Equally, a concerted effort must be made to deal with the drug menace and the guilty brought to book without fear or favour. The nexus between the police and politicians in the drug trade ought to be broken. Drugs alone have done the greatest damage to the youth of the state. There is also the compelling need to encourage youth to work towards physical fitness. The government needs to get its priorities right.

The Punjab government should work towards improving quality of education and deploy available financial resources in providing essential facilities in terms of infrastructure and equipment in government schools and colleges, rather than on, yet another war memorial and war museum

(The writer, a former deputy chief of army staff, is a commentator on security and current affairs)

via Hindustan Times

29 Jan 2014

Army man assaults 14-month-old baby in Bangalore

Pratiba Rama. 

A 14-month-old baby was allegedly sexually assaulted by an Army personnel working in Parachute Regiment Centre, JC Nagar, Bangalore. The accused, Dharamveer Singh, has now been taken in custody.

"We will conduct medical tests and depending on all evidence, appropriate legal action will be taken. The child has suffered few injuries and is bleeding. She is being treated in a hospital and is out of danger," DCP Sandeep Patil said.

The child is the daughter of Dharamveer's colleagues. The colleague had left the child with him, asking him to take care while he went out. That is when the accused assaulted the child.

via India Today

Reopen the Pathribal case

The Indian Army has not covered itself with glory by closing the cases against the officers involved in the infamous Pathribal fake encounter in Jammu and Kashmir in which five civilians were killed. Taking over the investigation of the case after an uproar over the 2000 incident, the Central Bureau of Investigation concluded that a Brigadier, a Lieutenant Colonel, two Majors, and a Subedar of 7 Rashtriya Rifles had staged the encounter, picking up civilians from the Anantnag area and killing them in cold blood. They lied to the police that the five were foreign militants who had carried out the massacre of Sikhs in Chattisinghpora a few days earlier. Backed by the Ministry of Defence and the Army top brass, the officers named contested the CBI charge sheet, making the argument that under the Armed Forces Special Powers Act, prior sanction was required to prosecute them. When the legal battle reached its portals, the Supreme Court upheld the officers’ case. It also directed the Army to either sanction the prosecution of the officers or court-martial them. The Army was offered the same options back in 2001, but chose to prolong the legal battle. This time, its back to the wall, it chose the latter option. The Army court has egregiously concluded that “the evidence recorded could not establish a prima facie case against any of the accused.” The finding flies in the face of the CBI investigation, but that was only to be expected. The last hope the families of the dead had that justice might be done, lies buried.

It was only in December 2013 that the Army was patting itself on the back for ordering the court martial of three officers involved in the Machchil fake encounter case, citing that as evidence of its willingness to improve its human rights record. But the Pathribal case, through all its legal twists and turns, ending in the exoneration of the accused officers, sends exactly the opposite message. It is a textbook illustration of why the AFSPA is flawed, and strengthens the case to do away with the provision that requires “previous sanction” from the Central government for prosecution, if not to repeal the law itself. The Army’s whitewash job can only increase resentment against the military in Kashmir, and feed into the sense of alienation. Chief Minister Omar Abdullah, who understands this well, has rightly said Pathribal “can’t be closed or wished away”. The leader of the National Conference, already criticised as a Congress “stooge”, will have to face the political backlash from the exoneration. If the Centre is serious about winning hearts and minds in Kashmir, it should step in to undo the damage, and find a legal way to reopen the case and pave the way for a civilian trial.

via The Hindu

28 Jan 2014

AFSPA, Army And My Republic : A Case Of Pathribal Encounter

Ravi Nitesh.

With all the sentiments of the republic, it is a contradiction to see that how after a long struggle of court case in the Pathribal Encounter Case, Supreme Court of India told the Indian Army on 1st May 2012 to give sanction for prosecution of officers or court martial them. Army announced on June 29, 2012 to court martial and now on Januray 24, 2014 , Army closed the court martial and said that no evidence found against accused officers.

It is very shocking to see that how Indian Army overruled the Apex Court and protected its officers who were accused of fake encounters in a case where five civilians of J&K encountered to death in the year 2000.

In the case, that was held on March 25, 2000 just after the prior incident of killing of 34 Sikh men in Chittisinghpora (J&K). First incident was obviously sad and for that detailed search operation and investigation was required. First operation was done by unknown anti social and anti national elements. Also timings of this killing was very important as it was just a day before the visit of Bill Clinton to India. In this context , there were many views regarding the incident. Some persons viewed it a conspiracy and various such arguments were in air. It could be viewed as a terrorist attack or a sponsored one, but all with the motive of making a scene that Kashmir is not peaceful at all and there is a need to deploy security personals to maintain law and order. However what happened later was more shocking and sad. It was encounter of five civilians at Pathribal (a place), that took place by Indian soldiers.

This incident again became so shocking that people came out of their home to protest, to demand the action against Army. It was not abnormal at all and not unjustified because an armed personal has every responsibility to protect the people rather than killing them. Also, people were angry because they were already facing the every day sufferings by armed forces deployed in J&K region.

With the massive protest, the CBI came in loop and the investigation started that chargesheeted 5 personals of Indian Army in its chargesheet filed on May 11, 2006. Again with the impunity granted to army under Armed Forces Special Powers Act (AFSPA) where a prior sanction is required under AFSPA for any prosecution of officers, Army challanged the chargesheet. Then the case after the 6 year long judicial procedure heard at Supreme Court where CBI told that these encounters were cold blooded and also demands that these officials deserve exemplary punishment.

With all this, any one can easily understand that how it is so difficult to get permission to prosecute a an armed personal under civilian law. Not even that, it is a valid proof of judicial delay where the case happened in the year 2000 and it came to an end in 2012 by judiciary while in 2014 it again went to fresh position from where the case was started. It is also a valid proof that how despite being a central agency , Central Bureau of Investigation (CBI) is helpless and its own investigation became null and void in front of the army. It is also to know that how Supreme Court of India provided option of permission of sanction of prosecution and of doing court martial by army itself and as obvious Army choose to do a court martial. This again raise a question that why and how long we need a parallel system of providing justice at least in such severe cases of killings and rapes that were held in civilian areas and of civilians?

Is not it a question upon whole concept of Republic?

via Counter Currents

27 Jan 2014

Dubious honours on Republic Day

A soldier will fight long and hard for a bit of coloured ribbon” Napoleon is said to have told the captain of HMS Bellerophon, which was transporting him to exile at St Helena in 1815. Much has changed in the world in the 200 years since – but the truth of this statement still holds as good today for soldiers across the world. The bit of coloured ribbon, with a metallic talisman attached at the end, is the ultimate reward a soldier gets for doing his utmost even while risking, and often losing, limb or life – a gallantry award as a token of appreciation and admiration by a grateful nation.

But not every commendable act or series of acts take place in the face of the enemy. Some acts of devotion to duty don’t involve physical courage or valour, but nevertheless exhibit extreme sense of selflessness – putting ‘Service Before Self’. And the corresponding rewards for such acts are medals for distinguished service. Like all awards, these are meant to highlight commendable acts, encourage the awardee, and motivate others to emulate.

Then there is a third category of ribbons and medals adorned by service personnel.  These are not really ‘awards’, but given as a matter of routine to mark completion of a particular length of service (nine years, twenty years), or for serving in a qualifying area such as high altitude or specified operational areas. These are colloquially referred to as ‘free ration’ medals – a term originating in the fact that prior to the eighties, the entitlement of free rations for officer extended only to those serving in field areas, which were generally the same as the qualifying areas for such ribbons and medals.

With that in mind, consider the following rank-wise breakdown of recipients of the 184 distinguished service awards announced this Republic Day:-

  • Lt Gens – 51
  • Maj Gens – 37
  • Brigs – 43
  • Cols – 45
  • Lt Cols – 05
  • Majs – 03
  • Capt / Lt – Nil
  • Persons Below Officer Rank (PBOR) – Nil

The army is authorized a total of 81 Lt Gens, 274 Maj Gens, 1044 Brigs and 4013 Cols. Thus 63% of all serving Lt Gens, 13.5% of Maj Gens, 4.1% of Brigs and 1.1% of Cols have been recognized for distinguished service. And, ostensibly, not one out of the over 10,00,000 personnel below the rank of officer performed any act qualifying him to be recognized for devotion to duty.

In June last year, a terrible disaster struck Uttarakhand. A massive rescue and relief operation was launched, that involved thousands of soldiers. They worked tirelessly and selflessly to provide succor to the victims – the images below tell a small part of this great story of service before self.

The fact that not a single one of those thousand soldiers was chosen to be recognized on Republic Day with a distinguished service award doesn’t speak very highly of the entire system of awards. Agreed, that there are other, lower awards –Commendation Cards of the Chief and Army Commanders, which would have been awarded to quite a few of the PBOR including those involved in the rescue operations. But the non-inclusion of any of the lower ranks amongst the higher awards, and the explicit rank bias exhibited in the percentages above, suggests a clear co-relation between rank and recognition for distinguished service. This is something that negates the very purpose of such awards – viz, distinguishing the extraordinary from the ordinary. It undermines the significance and the value of such awards.

There is no denying the fact that any individual who rises to the upper echelons of the steep pyramid of army hierarchy does so based on outperforming his peers. The reward for such differential performance is the promotion, which is pretty elusive in itself. But duplication of such performance parameters with qualification for distinguished service awards cannot be justified. Thus, the bar for what can be considered as ‘distinguished service’ should be raised with the rise in ranks. This would ensure that at every level of rank and service, individuals who perceptibly differentiate themselves from their peers by performing outstanding service are duly recognized by such awards.

Otherwise, if we continue this trend unabated, distinguished service awards may soon be reduced to glorified ‘free ration’ medals for senior officers.

via Swordarm

Pathribal: Army’s move inexplicable

Editorial, The Asian Age. 

On the face of it, the Army’s case seems implausible in respect of the infamous Pathribal episode of March 2000, in which five innocent villagers in southern Kashmir were shot to death at point blank range, allegedly under a diabolical plan involving five of its personnel, four of them officers.

At the end of court-martial proceedings that lasted about two years, the Army blandly — and opaquely — said last week that there was no prima facie case against the accused. It also noted that the incident was a joint operation with the police. The implied suggestion is that those looking for the killers might search within the J&K police force.

From the perspective of the victims’ families, and the people in the Valley, it has taken 14 long years to reach a conclusion such as this. Justice, of course, is nowhere in sight. In a volatile context, pain and grief can turn into rebellion, at least at the psychological level, even if the populace can be physically kept down.

Indeed, it is worth pondering if the Army could have got away with the straight-faced explanation it has offered had Pathribal been located in India’s heartland. This is a question that Kashmiris quite appropriately ask. Also, the separatists have been gifted an opening when their zeal was flagging.

The Army’s case may have been on firmer footing if it had presented the reasons for its finding both to the public as well as the Supreme Court even if the manuals do not require this, given the sensitive nature of the affair. In the face of protests and grave disquiet in Kashmir over the unlawful killings, the Supreme Court had asked the Army to either submit itself to civilian jurisdiction in the matter or accept a court-martial.

This was on the back of the CBI finding enough grounds to chargesheet the five Army personnel in 2006. Kashmir had been buoyed by this show of impartiality. The Army, however, rejected the CBI’s action, saying that under the provisions of the Armed Forces (Special Powers) Act, the investigators should have obtained the Centre’s prior sanction to proceed against military personnel.

The Indian Army is a patriotic force with a well-deserved reputation for bravery and professionalism. But this formidable reputation suffers when its personnel become wayward and break the rules of fair conduct. When the Army as an institution condones the lawless behaviour of individuals in the force, its ability to operate in sensitive areas gets diminished. This is to the nation’s detriment. The AFSPA is not meant to give Army personnel a free ride, but to protect them from malafide legal action when they act lawfully in the line of duty.

via The Asian Age