PETITION BY 356 ARMY OFFICERS

PETITION IN SC BY 356 SERVING ARMY OFFICERS, JCOs & MEN !

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 “an enemy of India”. Must trash the emotional jargon of “Misguided Youth”.. 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 as transparent and trustworthy or even more, as the worthy civil and criminal courts of India.

If soldiers are “killers and extortionists” , as pre-supposed by some honourable judges, then, why were they being deployed to restore law and order in disturbed areas? Why not then ask politicians, Judges and bureaucrats to restore the law and order by their own sweet methods. Has anyone asked the bureaucrats as to why have risen insurgency like situations in their areas of responsibility? Most often it is general frustration and neglect of the people by the administration that such conditions arise. Why not then, file FIR against Deputy Collectors and Superintendent of Police for lawlessness/ insurgency/ 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 runs into 156 pages and describes the scenarios which would affect the conduct of counter insurgency and counter terrorism operations. It is a petition of middle rung officers and their JCOs and Jawans to protect the army from judicial activism. What was astonishing was pre-supposing the soldiers as “murderers “. Branding soldiers as “Murderers” even before they are convicted with evidence reflects upon the judicial prejudice that exists. 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. Not only this the immunity provided to soldiers by AFSPA-1958 is thrown into the dustbin. 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.

Many questions will be asked as to why have the soldiers gone to SC? They might call it mutinous. But it will also expose the Government’s hollowness and lack of support to soldiers because it was the government who deployed them on such missions.. Further, it shows poor Generalship of the army and her failure to protect her soldiers from such “bitch-hunting”. 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 the questioners of petition 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 pronouncement , bureaucratic orders and governmental decisions.

I support the petitioners . DO YOU ?