In TOI, Shri Manoj Joshi, has written an article on the issue of 356 Army Officers moving the Supreme Court against “ what they believe is their persecution by the Court itself and agencies like CBI. They have issues with the Supreme Court directed CBI investigations of extra judicial killings “.
This chap then goes ahead to express his unhappiness and bias by stating “ A petition by an affected individual would be normal but this trade union like act by serving uniformed personnel is disturbing “.
So the Armed Forces, should not have even the RIGHT to petition the Supreme Court collectively? Such people should not forget that their oft repeated phrase” the four pillars of democracy “ in India are actually standing on the shoulders of the Armed Forces.
So the day Armed Forces fall down, the four pillars will simply crumble. In fact this is exactly what happens albeit temporarily in areas of extreme insurgencies/ terrorism.
Then Armed Forces have to step in to restore things and they do so at peril of their limb and life and sacrifice of some of their comrades.
Now the Pillars of Democracy themselves are trying to “ strike “ at the bedrock foundation itself.
What if this ATLAS, feeling too tired or worse in a fit of rage, simply tosses away the very load it has been proudly bearing on its shoulders ???
The article down below is the voice of the most of the retired fraternity and has been endorsed by even retired officers of Army Commander rank. Going back around some 15 years, all the State Governments had refused to renew the notification of Field Firing Ranges for the Army, citing the new Forest Act. Army had no option but to go to the Supreme Court, probably for the first time.
It appeared that their Lordships had been made to believe that while carrying out field firing, Army totally destroys the forestry and the environment. When the Army explained the case with facts and figures and actual demonstrations, to the Court appointed Expert Committee,then the Honourable Court had nothing but only praise for the Army.
It was proved on ground and accepted by the Court that Army was many times better in protecting the forestry and the environment than the Forest Department of all the States Combined. Hopefully the same procedure will be followed by the Supreme Court in this case also.
The Angst:
Some of us do wonder as to why 356 army officers and men have gone to SC? Well! What would you do if after 20-25 years of retirement from the army, you get summons from a court in some remote corner of the country? Perhaps, those who wonder about this petition, do not understand as to how badly the judiciary, has been extra active to fix soldiers even before they have any evidence?
Those who understand insurgency and militancy environments, they do know that diamond cuts diamond. Even our law books and constitution say that when a person picks up a gun against the state, he is a “enemy of India”. Picking up arms against the country amounts to declaration of war on India. And in a war, enemy ought to be treated with known military rules of engagement. Armed forces are deployed when all other means fail. Do our honourable judges understand this?
Why should there be FIRs registered against them, if the “enemy” was killed during this WAR thrust in India ? One can understand that in such situations mistakes will occur but they are mostly committed in good faith as provided in the AFSPA-1958. Well there can be aberrations but army authorities can deal with them. It has its own judicial system—/ which is transparent and trustworthy.
If soldiers are killers and extortionists why are they deployed to restore law and order in disturbed areas. Why not then ask Judges and bureaucrats to restore the law and order on their own. Has anyone asked the bureaucrats as to why insurgency like situations risen in their areas of responsibility? Why not file FIR against Deputy Collectors and Superintendent of Police for terrorist activity in their areas? Take action against some of these NUMBERDARS, there will be no need for the army to be deployed.
I have read the petition to SC by these 356 officers and Men of Indian army. It is a petition of middle rung officers and their JCOs and Jawans to protect the army from judicial activism. It is strange that even after 25-30 years of retirement, officers and men get summons from courts in the North East and J& K. What takes the cake is the army being called “murderers “. How will soldiers get a free and fair trial when they have already been pronounced guilty by the third pillar of our democracy ie the judiciary.
While many questions will be asked as to why the Chetwoodian maxim is being followed by the hierarchy?, this even will have far reaching effects for the country as a whole. I would suggest that in your free time read the petition.
Judicial activism has to be questioned. Soldiers conduct operations in disturbed areas not on their own volition. Do they understand the meaning of national security? This can not be ensured by sitting in AC rooms. One has to get into the battlefield of new form of war—- the HYBRID WAR—- the nation is undergoing. If SC judges feel so strongly, then ask the Govt to withdraw the forces.
There is a need to make it a prerequisite for JUDGES, POLITICIANS and BUREAUCRATS and GOVT SERVANTS to undergo a minimum of FIVE YEARS MILITARY SERVICE to understand the constraints under which soldiers work. They will then understand as to how they were made safe and secure to make judicial, bureaucratic and governmental decisions.
