https://blogs.timesofindia.indiatim...ent-failed-to-protect-the-saviours-of-nation/
Surgical strike on Indian Army: After SC docked the Army, hasn’t government failed to protect the saviours of nation
In line of duty, countering insurgency, terrorism, proxy wars, cross-border attacks, engaged in crossfire to save the sovereignty, integrity, security and dignity, thousands of soldiers have laid their lives for India. The fundamental principles with which army officers engage is the Safety, Honour and Welfare of the Country comes first, always. Then comes the honour, welfare and comfort of the men they command and last comes their own.
Soldiers function on the pedestals of faith and belief. Faith in the Indian National Flag and belief in the command of superior officers. The culture is high morale, no questions asked and meticulous performance. As proud Indians, we can never forget the surgical strikes carried out by our soldiers in Pakistan on 29th September 2016, which is just one of the innumerable achievements of Indian soldiers.
Indian soldier would take a fall to honour the Indian Flag but would never let the Flag fall. The value of service of a soldier is always incalculable, unequal and onerous. Laying life in the line of duty is the pride and honour for any soldier. Bravery, clarity, focus, training and ethos are the traits, which make the Indian Army as one of the best in the world.
But what would happen if the officers commanding the soldiers would be full of confusion instead of clear focus? What if the ethos, culture and rules of engagement during insurgency or terror operations come under attack by the highest court itself? Will not the confused minds create more fatalities for our soldiers instead of the insurgent or terrorist enemies?
Confusion in mind divides power, focus and energy. Soldiers of the nation are facing confusion after a Supreme Court Bench, consisting of Justice Madan B. Lokur and Justice Uday Umesh Lalit, passed judgment dated 14th July 2017 in the case of ‘Extra Judl. Exec. Victim Families’ (termed as Manipur Killings case); wherein Supreme Court not only equated the deaths occurred during Army operations with police killings but also declared all such deaths as fake encounters or use of excessive or retaliatory force, and directed the director, CBI to nominate a team of five officers to go through the records of the referred cases, lodge FIRs, complete investigations and prepare chargesheets.
In the aftermath of the above judgment by Supreme Court, despite carrying out bona fide military duty, Major Aditya Kumar was booked in FIR by J&K police, at the behest of stone-pelters under Section 302, 307 & 336 of Ranbir Penal Code (RPC). In direct consequence of the above judgment, CBI registered FIR against Colonel Vijaya Balhara under Section 302 r/w Section 34 of IPC for an operation carried out by him and his team in the year 2009 in Manipur. Back then Colonel Vijay Balhara was Major in Indian Army.
This appears just the beginning of surgical strikes in the camps of Indian Army by the insurgents, terrorists and their families using the omniscient weapon of ‘Human Rights’. Such strikes on soldiers would not only affect the morale of soldiers posted in disturbed areas, but severely affect the morale of entire Armed Forces in India.
The Indian government, which took the credit for surgical strikes in Pakistan, completely failed to stop this surgical strike in the camps of Indian Army. The attitude of the present government has been lax towards armed force personnel. Be it implementation of OROP, NFU or Permanent Commission for Women; the government of the day has totally failed in its duty to redress such important causes for the saviours of the nation.
In contrast, when Supreme Court struck down certain provisions of SC/ST Act; to woo the large vote bank, the government immediately swung into action and brought into SC/ST Amendment Act to counter the judgment passed by Supreme Court. But, to utter dismay and shock, the government found no soft corner for soldiers of the nation.
Recently during the month of August 2018, in an unprecedented development, 356 Indian Army Officers in the Ranks of Section Commanders to Commanding Officers of Section, Platoon, Company and Battalion, leading 10 to 1000 soldiers, filed writ petition titled as Col Amit Kumar & others versus Union of India & others, before the Supreme Court of India, raising vital questions of national importance pertaining to security, sovereignty, integrity of the nation, dignity of national flag. The petition also highlights hostile situation on ground and confusion being faced by soldiers deployed in field areas fighting in counter-terrorism and counter-insurgency operations in J&K and North Eastern states.
It is the contention of these soldiers-petitioners that officers involved in any type of counterinsurgency operations are to be adjudicated within the thin line of distinction between intention and error of judgment, when discharge of their duties has been established. Thus, lodging of FIRs directly under the direction of Supreme Court without ordering a preliminary inquiry to ascertain the facts related to intention, error of judgment or the circumstances, which are committed during line of duties, without giving a fair chance to those personnel, is against the principles of natural justice and scope of Section 4 of the AFSPA, which gives any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces a discretion of operating in their respective counterinsurgency operations.
In the same line, when a soldier dies while safeguarding the nation, his family never lodges a complaint for death to be put to a test of ordinary Criminal Justice System, but the same is given the status of martyrdom. It is the apprehension of soldiers that discharge of duties, in the disturbed areas, would now be under a legal quandary and soldiers would be in a fix as to whether they should let the terrorists kill them or kill the terrorists and later be prosecuted and punished for the same under the ordinary criminal law. This petition was later joined 383 more soldiers showing similar concerns. More and more soldiers, including Major General ranked officer, are joining this fight before Supreme Court to counter this surgical strike on Indian Army.
The decision by Supreme Court appears to be defective as all such cases should only be dealt by Armed Forces Tribunal (AFT), which is the statutory and competent forum to try and decide cases pertaining to soldiers. It appears imminent that guidelines to protect soldiers operating in insurgency, militancy and proxy war situations in disturbed areas be revisited and reinforced.
Indian Army appears to be seriously considering recalibration of its counterinsurgency strategy in the militancy-hit northeast in the wake of over-cautious approach being adopted by its field units in the region. It is a cause of great concern that casualty figures of the soldiers are rising in Manipur, since the passing of above judgment by Supreme Court. Further, there has been a marked slowdown in the intensity of operations against militants in the state. The situation is not only grim but contains serious potential threat to the sovereignty and integrity of the nation.
To conclude, I must say that the Indian government will have to cure its failure in this respect urgently and earnestly step in and step up its role in providing required safeguards for the saviours of the nation. If the morale, discipline and conviction of our forces would break, the nation and its citizens would also not be safe, leave aside the Indian government!
DISCLAIMER : Views expressed above are the author's own.