There was a ceasefire violation by the Pakistan Army. PTI file

Jammu, January 17

Pakistani troops opened fire on Indian posts along the Line of Control (LoC) in Jammu and Kashmir’s Poonch district, injuring an Army captain, officials said.There was a ceasefire violation by the Pakistan Army.They resorted to firing along the LoC in Chakan Da Bagh area in Poonch on Tuesday evening, a security force official said.

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The injured Army captain had been hospitalised, they said.The Indian troops retaliated and the exchange of fire continued till Tuesday night, they said.The latest violation of the ceasefire came a day after seven Pakistani Army men, including a major, were killed and four others injured in retaliatory action by the Indian Army in Poonch.Authorities had on Monday suspended the cross-LoC bus service between Chakan Da Bagh and Rawalakot, following heightened tension on the LoC. PTI

Scales tilt? Something dark may be brewing in the topmost court of the land.

Yogendra Yadav

LET’S be clear about what the current crisis in the apex court is not. We know that this is not a storm in a teacup that was to go away by Monday morning. This is not a personal tussle among the top judges that has spilt over in the public domain. This is not a dispute about who should decide the case of Judge Loya or a few similar cases. This is not a technical dispute about the power to decide the roster in the Supreme Court. This is not just about a serious allegation of corruption that points to the apex of our judicial system. In fact, this is not a dispute internal to the institution of judiciary.This is about an actor that has managed to stay invisible through this crisis: the Modi government. This is, above all, about the relationship between the judiciary and the executive. Specifically, this is about an attempt by the government of the day to secure a pliant judiciary through Bench fixing. In the run-up to the Emergency, Indira Gandhi had demanded and, indeed, almost achieved a “committed judiciary”. The Modi government now seeks to achieve the same objective through a compromised judiciary. The protest by the four judges represents perhaps the last significant hurdle that the Modi government faces in this project. And judiciary is one of the last hurdles that it faces in its drive for total control. That is why the current crisis in the apex court is about the future of Indian democracy.Let’s not be distracted by the loose gossip that accompanies any development of historic significance. Media and the Bar have seen intense speculation on the relationship among the top judges and their motivations. True, no action is entirely devoid of envy, ambition and pride. But the unprecedented action by the four judges, known for their integrity, goes beyond such small motives. None of them has anything to gain and almost everything to lose by doing what they did. Justice Gogoi runs the risk of losing his turn as the next CJI and the other three may lose on post-retirement sinecures. Besides, the press conference was too sudden (and clumsy) to have been orchestrated through a grand conspiracy. We have thus no reason to disbelieve that these judges were speaking the voice of their conscience. If they wanted to compromise, the CJI may not have gone ahead by excluding them again from the constitutional Bench. Let’s not get caught up in a limited procedural dispute about whether this was the right way to express their dissent. True, judges are supposed to speak through their judgments and not through the media. Their outburst has the potential of setting a bad precedent. The criticism by Justice Santosh Hegde and some other retired judges has a point. Perhaps the judges could have chosen another forum. What if the judges thought that the matter is so grave that it must be brought to public attention? At least that is what they seem to be suggesting when they spoke of “discharging a debt to the nation”. If that was the intent, we should be grateful that they chose the straightforward way of open, public expression instead of the dishonest route of planted stories and leaked letters. Debates about how to express dissent must not trump the point of what the dissent was about.    Let’s not limit ourselves to the technical dispute about who decides the roster and how. There is no dispute that under the present arrangement, the Chief Justice of India is the master of roster. But surely, the CJI needs remember what the courts tell the babus every day: yes, you have the power, but you cannot use it arbitrarily. There are procedures, practices and precedents. No one is saying that all “serious” or “sensitive” cases be given only to senior judges. The objection is about a pattern, of late, in which some top or inconvenient judges have been systematically kept out of, or removed, from cases the government has stakes in. What makes the roster crucial is its political significance. The CJI exercises twin powers of listing a case and assigning it to any Bench. In our judicial system where the Supreme Court sits in small Benches of two or three, and where cases drag for decades, this power can make or mar a case. This is why the CJI is so crucial to the justice system. This is why the government of the day may wish to keep the CJI in good humour, or on a tight leash.Therefore, let’s not limit our gaze to only the case of Judge Loya. This is, no doubt, a crucial case and can implicate the second most powerful person in the country. The evidence in the public domain so far does indicate something fishy. It must be pursued to its logical conclusion. But it is equally clear that this case was no more than a trigger for the protest by the four dissenting judges. They were looking at a series of other cases in the recent past, which the Committee on Judicial Accountability and Reforms (CJAR) has meticulously documented. They must have been concerned about the cases that are to come up this year. In this year of the run-up to the general election, the ruling party’s electoral strategy hinges on the outcome of some cases in the apex court, including the Ayodhya dispute. More than ever before, the government needs a friendly CJI.Instead, let’s pay more attention to the application for internal inquiry against the CJI moved by Prashant Bhushan on behalf of the CJAR this Monday. The petition makes a case for an internal inquiry in the matter concerning the grant of recognition to a medical college in UP. The Bench hearing this case in the Supreme Court was headed by the current CJI. The petition documents a disturbing pattern in which this dubious medical college got more than one favourable judgment from this Bench. It also provides details of findings of the CBI’s preliminary investigation into this case. The evidence prima facie shows a middleman who was promising a favourable judgment from the Supreme Court. Most tellingly, this petition annexes transcripts of telephone conversations between the middleman and college owners. The middleman gives “500 per cent guarantee” of a favourable judgment by “the Captain” in “the temple” in Delhi, provided “prasad” is given in advance. We do not know if this refers to CJI Dipak Misra, and whether the middleman was acting at his behest. But surely, this matter needs an independent and credible probe.Let’s consider a possibility: could it be that the government is holding this and more sensitive material against the current CJI, leaving him with little option but to acquiesce. Since there is no set procedure for an inquiry against the CJI, the CJAR has approached the five seniormost judges after the CJI and has requested a probe. What happens to this request could determine the future of the Supreme Court of India.Let’s keep an eye on the fate of the CJAR petition, but let’s not just watch. Justice Chelameswar, Justice Gogoi, Justice Lokur and Justice Joseph have ensured that unlike their predecessors during the Emergency, they cannot be accused of selling their soul. But the onus of saving the judiciary and the constitutional order does not lie merely with the judges. In the last instance, it lies with all the citizens. Let the citizens be prepared to act in this battle for safeguarding democracy.

yogendra.yadav@gmail.com

Vijay Mohan

Tribune News Service

Chandigarh, January 15

The Ministry of Defence has issued orders to revise the salary of superannuated officers who have subsequently opted for re-employment in the armed forces, consequent to the implementation of the Seventh Pay Commission.Re-employed officers in the defence services after retirement have been excluded from the purview of the respective Army, Navy and Air Force Officers Pay Rules 2017 that had re-fixed the salaries of regular officers last year.The pay revision for re-employed officers will cover all such officers who were under re-employment on or after January 1, 2016, the date of effect for the Seventh Pay Commission, the ministry’s orders issued earlier this week state. As a welfare measure and also to mitigate shortage of officers, the defence services offer re-employment to retired officers up to the rank of Brigadier for a maximum four years.The existing ceiling of Rs 80,000 per month for drawing pay plus gross pension on re-employment has been enhanced to Rs 2.25 lakh per month, the maximum basic pay prescribed for officers under Level 17 of the new pay matrix. The ‘ignorable part’ of pension, which is the amount that is not considered for deduction while calculating the pay for re-employment, has been enhanced from Rs 4,000 to Rs 15,000.The initial pay of a re-employed officer will be fixed in accordance with Rule 7 of the Army, Navy and Air Force Officers Pay Rules, which deals with the methodology of pay fixation of regular officers in the revised pay matrix as per their rank and seniority and the recommendations of the pay commission thereof.Revised pension under the Seventh Pay Commission, as applicable to the officer on retirement, excluding the ‘ignorable part’ of the pension, shall be deducted from the pay on re-employment in live with the general policy of the government, though they will be entitled to dearness allowance and military service pay with effect from January 2016. In addition to the revised pay, re-employed officers will continue to draw retirement benefits that they were permitted to get under pay commission recommendations.

Army Chief Gen Bipin Rawat reviews security in Rajouri sector. Tribune file Photo

New Delhi, January 14

Political initiative must go “hand in hand” with military operations in Jammu and Kashmir to bring peace, Army Chief Gen Bipin Rawat said today, and favoured ramping up the military offensive to pile up heat on Pakistan to stop cross-border terrorism in the state.General Rawat said the armed forces operating in the state cannot be “status quoist” and must evolve new strategies and tactics to deal with the situation, which he feels is “marginally” better since he took over a year ago.In an interview, the Army Chief asserted that there was room for ramping up heat on Pakistan to cut the flow of cross-border terror activities, clearly indicating that the Army will continue its policy of hot pursuit in dealing with militancy.“The political initiative and all the other initiatives must go simultaneously hand in hand and only if all of us function in synergy, we can bring lasting peace in Kashmir. It has to be a politico-military approach that we have to adopt,” the Army Chief said.In October, the government had appointed former Intelligence Bureau chief Dineshwar Sharma as its special representative for a “sustained dialogue” with all stakeholders in Jammu and Kashmir.“When the government appointed an interlocutor, it is with that purpose. He is the government’s representative to reach out to the people of Kashmir and see what their grievances are so that those can then be addressed at a political level,” the Army Chief said.Asked whether there was room for ramping up pressure on Pakistan to force it to stop sending terrorists to the state, he said, “Yes, you cannot be status quoist. You have to continuously think and keep moving forward. You have to keep changing your doctrines and concept and the manner in which you operate in such areas.”General Rawat said the Army would have to evolve new strategies and new tactics to deal with the situation. At the same time, he said an overall approach was required to deal with the Kashmir issue.Since the beginning of last year, the Army pursued an aggressive anti-terror policy in Jammu and Kashmir and, at the same time, forcefully responded to all ceasefire violations by Pakistani troops along the Line of Control with a tit-for-tat approach.“Military is only part of the mechanism to resolve the Kashmir issue. Our charter is to ensure that the terrorists who are creating violence in the state are taken to task and those who have been radicalised and are increasingly moving towards terrorism are prevented from doing so,” he said.The Army’s aim is to ensure that it continues to maintain the pressure on the terrorists and those fomenting trouble there, General Rawat said. “But at the same time, we have to also reach out to the people.”Asked whether the situation in Kashmir has improved since he took over as the Army Chief a year ago, General Rawat said, “I am only seeing a marginal change in situation for the better. I do not think it is time to become overconfident and start assuming that the situation has been brought under control because infiltration from across the borders will continue.”According to official figures, 860 incidents of ceasefire violations by Pakistani troops were reported in 2017 as against 221 the year before. — PTI

In an unprecedented move, four Supreme Court judges today came out against the Chief Justice of India, saying that events in the Supreme Court left them with no choice but to address the nation.

Justice J Chelameshwar said the administration of the nation’s top court was not in order.

He said this was an extraordinary event in the history of the institution, and that they were compelled to act in this way because the Chief Justice could not be persuaded to mend th .. to mend the ways of the court.

“We met CJI this morning. We collectively tried to persuade CJI that certain things aren’t in order so take remedial measures but unfortunately our efforts failed,” says Justice Chelameswar.

“The four of us gave a letter to the Chief Justice of India (CJI) some months ago,” the Justices revealed. “It is discharge of debt to the nation which has brought us here, Justice Ranjan Gogoi told the media. Chelameshwar said democracy in this country would not survive without an institution as important as the Supreme Court, and a free judiciary.
We owe a responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution,” the judges said.

“It is with no pleasure that we have been compelled to do this, administration of Supreme Court is not in order,” they said.

In response to a question on whether the CJI should be impeached, Justice Chelameshwar said that it was for the nation to decide.

Justice Gogoi, who would be succeedi present CJI in October this year, said that, “it’s a discharge of debt to the nation which we have done.”

The other judges involved included Justice Ranjan Gogoi, Justice Madan Lokur and Justice Kurien Joseph.

The press conference was called at Justice Chelameswar’s residence here at Tughlaq Road.

In response, a special CJI hearing has been scheduled for 2 PM after Justice Dipak Misra also met the Attorney-General KK Venugopal.

Is this the case that left the judges aggrieved?
Justice Ranjan Gogoi said that the difference with the Chief Justice arose during the assignment of the case regarding the death of Justice Loya. He said the the death of Justice Loya left all four of them aggrieved.

The Supreme Court today agreed to hear two separate pleas seeking independent probe into the death of special CBI judge B H Loya, who was hearing the Sohrabuddin Sheikh encounter case. Loya had gone to Nagpur to attend the wedding of a colleague’s daughter on November 30, 2014, when he apparently fell ill suddenly and died of a heart attack. After Loya’s death, Judge MB Gosavi took over the Sohrabuddin case. Loya had gone to Nagpur to attend the wedding of a colleague’s daughter on November 30, 2014, when he apparently fell ill suddenly and died of a heart attack. After Loya’s death, Judge MB Gosavi took over the Sohrabuddin case.

Mumbai, January 11

There are no easy and quick solutions to issues between India and Pakistan, a former diplomat has said.

T C A Raghavan, the former Indian High Commissioner to Pakistan, said the issues between the two countries are characterised by lack of trust and they can only be addressed through diplomatic and political channels.

“I do not think there is an easy descriptive solution anyone can offer on India-Pakistan issues,” Raghavan said here yesterday.

“The issues are of mistrust. You can only address issues of mistrust through diplomatic and political processes. There are no easy, quick solutions,” he said.

India-Pakistan ties have nose-dived over a host of sticky issues, including cross-border terrorism.

The last year’s sentencing to death of Indian national Kulbhushan Jadhav by a Pakistani court further deteriorated the bilateral ties.

New Delhi has been insisting on an end to cross-border terrorism before a meaningful dialogue process can start with Islamabad.

Raghavan said visas have also been a factor in the relations between the two neighbouring countries.

“In the present context, visas have lost the kind of resonance they used to have, could be because technology could also be impacted in so many other ways through the Internet, through other communication platforms and so on,” he said.

Notably, External Affairs Minister Sushma Swaraj has been prompt in responding to distress calls of Pakistani nationals seeking visas for medical emergencies.

Raghavan was speaking during a discussion at the launch of his book – ‘The People Next Door: The Curious History of India-Pakistan Relations’. PTI

Punjab Chief Minister Capt Amarinder Singh landed in Patna on Friday to attend the closing ceremony of Parkash Utsav to mark the 350th birth anniversary of Guru Gobind Singh. The ceremony was inaugurated by Bihar Chief Minister Nitish Kumar at SK Memorial Hall with a cultural programme on Friday. Nitish presented Capt Amarinder a memento and shawl.The Bihar government provided free boat service to ferry Sikh devotees from the Gai Ghat to the Kangan Ghat. Pilgrims are  converging on Patna to attend Shukrana Samaroh. TNS