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| Straws in the wind that spell trouble | | | M.M.Khajooria | 4/30/2016 11:51:03 PM |
| There was a national consensus across the board for zero tolerance of Human Rights violations especially by men in uniform for the simple and straight forward reason that such misconduct invariably amounted to commission of substantive offences under the law , violated Army Rules , Standing Orders and defied Discipline that constituted the very bed- rock of Forces. I have always contested the facile argument by a tiny fringe minority of officers that" exposure of such incidents brought bad name to the force". In fact, connivance through "cover up" only served to proliferate such disgraceful and unacceptable conduct and the sins of individuals finally rubbed on to the fair name of the entire Force.
That the Indian Army firmly and un compromisingly stood by the "Zero tolerance" principle in respect of Human Rights Violation was demonstratively affirmed and asserted by the Rashteriya Rifles and Delta Force commanders in the case of alleged rape in village Nowgam by "four unknown armed forces persons in civil dress" reported to Banihal Police on 15 February 2000. The Police investigation revealed that the offence was committed by Capt Ravinder Singh of 12 RR who was leading an "Ambush party" in the area on that date. The officer was placed under suspension and a Court of Inquiry ordered by Commanding Officer of the Bn. which completed its proceedings on 6 March 2000. Almost in record time. The Army thereafter exercised the option available under the law and convened a SG, Court Martial which handed down conviction under sections 376 RPC read with Section 69 of the Army Act and sentenced the accused officer to seven years Rigorous imprisonment in civil jail. He was also sentenced to cashiering from the Service. The sentence was promulgated on 19 December 2000 after rejection of the revision petition by the GOC Delta Force Significantly, yes very significantly the conviction of the accused army officer rested as much on the statement of the prosecutrix and Medical examination as on the vital stout and unflinching testimony of Capt Ajeet Singh to whom the accused had confessed. Here is a shining example of preference for truth and prestige of the Force over personal relations and peer pressure. The seriousness and speed with which the Army completed the due process of Law should serve as an example.
The convicted officer moved the Jammu & Kashmir High in writ jurisdiction . The Hon,ble judge set aside the conviction and sentence awarded b y the SGCM as well as the order of dismissal. The matter could have rested here if Zero tolerance to Human Rightsviolation was not a matter of faith and commitment on the part of the Army and the government of India. The LPA filed by GOI was disposed off the other day by a Double Bench of J&K High Court headed by Chief Justice N Paul Vasanthkumar . The judgement of the Single Judge was set aside and the conviction and sentence restored as recorded by the SGCM.- seven years RL in civil Jail and cashiering from service .Truth and justice have won and a stern message gone to all concerned loud and clear.
Of course ,officers and men of security Forces and Police owe it to themselves as well as the fair name of Forces they comprise to conduct themselves in the manner expected of and prescribed for them. But how about them also receiving a fair deal? The issue was raised by a very much disturbed friend who had occasion to interact with middle level army officers operating in Kashmir a few days back . According to him while the morale of officers and men remained exceptionally high and they launched counter terrorist operations with tremendous verve an enthusiasm, there was a perceptible and worrisome undercurrent relating to bad mouthing them and levelling of malicious , motivated and fabricated allegations by the over ground supporters of the terrorists- some of them enjoying high positions in public life . What made it worst was the perception that the powers be were only seen as too willing to side with the trouble makers.. To put it in the words of an army officer " On the ground we are combating the enemy from across, their counterparts within, sections of electronic Media seeking juicy breaking News and the state authorities who would register FIRs at the drop of hat. And remember this was happening to men under unbearable stress seven days a week and 11 months a year ( Officers and men avail of one month leave each year.)".Yes, there indeed was , to put it mildly considerable disquiet getting expression in Messes. I would prefer not to dwell on the matter further .Having said that let it be emphasized that Military and Political leadership should recognize the reality that men in uniform of the day were educated and aware of all that was happening around thanks to information explosion . They were also sensitive to the environment of permissiveness that had spawned licence to public display of treasonable conduct with which the government leaders in Delhi and Srinagar were perceived as "quite comfortable".It would be good for the health of the Forces and the Nation if the Military and political leadership were to recognize this reality ,be sensitive to their sentiments and not make the grievous mistake of treating them as robots which can be programmed . And never forget that to bring Security Forces in to disrepute was the single most important objective of the enemy in the sphere of vital psychological war . Specifically, I would make two recommendations to address the apprehensions and complaints of our men in uniform who lay their lives on the line for the security of the nation and integrity of the country on daily basis and were witness to their comrades attaining martyrdom. One. Allegations of criminal misconduct against men in uniform in operational areas should be subjected to time bound impartial and responsible preliminary inquiry on the outcome of which alone further action be taken. This procedure is being followed by the State Vigilance department and the CBI. There should be no problem in making requisite legal provision if required. Two. Appropriate provisions be made in the Prevention of Unlawful activities Act taking a leaf from Pakistan Punjab Maintenance of Public Order (Amendment) Ordinance 2015 which in essence prohibited and penalised support for terrorism and terrorists or attempt to create sympathy for terrorists or terrorist organizations or to oppose action of army ,police, Para- military forces etc against terrorists or terrorist organizations. The offences were cognizable and non-bail able punishable by imprisonment up to six month and fine ranging from Rs twenty thousands to one Lac. Let lovers of Pakistan have a taste of the medicine prescribed by their own mentors. |
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