Sanjha Morcha

Guv briefed on security situation

Guv briefed on security situation
Lt Gen Devraj Anbu with Governor NN Vohra at Raj Bhawan in Jammu on Thursday. Tribune Photo

Jammu, December 15

Northern Command chief Lt Gen Devraj Anbu met Governor NN Vohra at Raj Bhawan here today.Lt General Anbu briefed the Governor about the obtaining security situation in the state. The Governor and the Northern Command chief also discussed some important issues relating to effective internal security management in the wake of the terrorist attack on an Army camp at Nagrota.This was Lt General Anbu’s first meeting with the Governor after taking over charge as the Northern Command chief.The Governor wished Lt General Anbu a successful tenure. — TNS

 

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Arunachal ambush: One more Assam Rifles soldier dead

Arunachal ambush: One more Assam Rifles soldier dead
The incident occurred at 2 pm. — Representational photo

Chandigarh, December 4

One more soldier died in Saturday’s ambush on a military convoy in Arunachal Pradesh on Sunday, taking the death toll in the incident to two.

The Nationalist Socialist Council of Nagaland-Khaplang is believed to have been behind the attack.

“We believe it to be handiwork of Nationalist Socialist Council of Nagaland-Khaplang militants who have some presence in Tirap district,” a defence spokesman said.

(Follow The Tribune on Facebook; and Twitter @thetribunechd)

One soldier died on Saturday. Eight more are wounded.

It was the third attack on security personnel in the area close to the border in the past 15 days. On November 19, a combined team of the NSCN-K and the United Liberation Front of Assam had carried out an ambush on Army personnel in Tinsukia district, killing three soldiers.

On November 26, the United National Liberation Front of Western South East Asia ambushed a group of 21 Para commandos in Manipur, injuring five.  — Agencies


Perils of overreaction Mamata drags in the army

West Bengal Chief Minister Mamata Banerjee raised political temperature considerably when she accused the army of “clear violation of the Constitution” by attempting to “create a civil war-like situation in the country”. Mamata Didi has a penchant for dramatics and victimhood, sometimes justifiably so, during the three-decade rule of the Left Front in West Bengal. The Chief Minister decided to spend the night at the state secretariat. Perhaps she was readying herself to do a Boris Yeltsin in front of army tanks in the morning.What made it worse was other organs of the state like the West Bengal Police reduced themselves to parroting Ms. Banerjee’s hysterical social media postings. The air cleared after the army uploaded acknowledged copies of letters sent to senior police officers informing them about their exercise. Skeptics will want to know why the army didn’t approach the National Highways Authority for the information. In a digital world, this information, updated to the last second, could have been instantly emailed. For one, it is always beneficial to conduct a field exercise rather than framing strategies based on number crunching. Second, toll gates are a recent innovation. The army perhaps did not think it fit to adjust its procedures to the digitalisation of toll booths.But Mamata Banerjee has rarely lent herself to cogitative contemplation in public life. A day earlier she had alleged an attempt to kill her when her flight was kept on hold for landing due to congestion. The next day her colleagues were raising Cain in Parliament. Rational explanations from the airlines cut no ice with Mamata and her party colleagues. To be fair, Mamata is matching the ruling coalition at the Centre and even her new-found crusader, Arvind Kejriwal, in appealing to emotion while ignoring the facts. The Centre’s Love Jehad, surgical strikes and demonetisation are of the same piece. In this era of post-truth, perhaps we should reconcile ourselves to a kind of public posturing where truth is of secondary importance. But the downside of such affectations is their collateral damage on apolitical institutions like the army.

Army row: Mamata unrelenting

Army row: Mamata unrelenting
Mamata Banerjee, West Bengal CM

Kolkata, December 2

West Bengal Chief Minister Mamata Banerjee left the state Secretariat on Friday evening after staying put overnight to protest the alleged Army deployment in the state and threatened to explore “legal options” if the Army was not withdrawn.Before leaving the seat of power “Nabanna” in neighbouring Howrah district, she said the Army was deployed at toll plazas while keeping her government in the dark.Edit: Perils of overreaction“We have never seen such arrogance (by the Centre). If the Army is not withdrawn, we will explore legal options,” she said, alleging the Army was being used for “political vendetta”. Denying the charges, Defence Minister Manohar Parrikar and the Army’s Eastern Command claimed it was a routine annual exercise to assess the availability of load carriers at  major entry points in states.The TMC supremo claimed the Army had informed the police about the exercise only for one spot — the toll plaza of Vidyasagar Setu near Nabanna.(Follow The Tribune on Facebook; and Twitter @thetribunechd)“The police did not permit them to conduct such an exercise. They did not give any intimation for other places where they undertook the exercise,” she said. The Chief Minister said such exercises were not conducted in states like Gujarat, Maharashtra, Bihar, Odisha, Jharkhand, Punjab, Kerala and Uttar Pradesh. “It was done in Bengal because we have been raising our voice for the people of India,” she claimed. Demanding to know whether a military coup had taken place, she said: “The motive is political, vindictive, unconstitutional, unethical and undemocratic.” She spent the night at the Secretariat, demanding withdrawal of the Army from the second Hooghly Bridge toll plaza, about 500 m from Nabanna. Shortly after midnight, the Eastern Command said the Army had been asked to withdraw from the toll plaza near Nabanna as it had already collected the required data.Denying Mamata’s charges, Defence Minister Manohar Parikkar and the Eastern Command of the Army claimed it was a routine annual data collection exercise carried out to assess the availability of load carriers at all major entry points in various states.General Officer Commanding Bengal area (officiating) Maj Gen. Sunil Yadav said the exercise was conducted with “full knowledge and coordination with the local police.” — TNS


Some lethargy has set in: Parrikar

Nagrota terror attack: Says those behind ‘lapses’ will have to pay

Some lethargy has set in: Parrikar
Manohar Parrikar, Defence Minister

New Delhi, December 2

In the wake of Nagrota terror attack, Defence Minister Manohar Parrikar today admitted there is scope for improvement in security as some “sort of lethargy” has set in over a period of time and said those behind “lapse” will pay for it.The minister said the recent surgical strike had led to a sense of “uncertainty” in the Pakistan security establishment and it was also a good confidence building measure for India.Replying to queries on security arrangements at Army camps, Parrikar said: “I think we can definitely improve upon it. Probably, over a period, some sort of lethargy has set in. Relaxation, it is obvious… it is taking some time.”(Follow The Tribune on Facebook; and Twitter @thetribunechd)Militants had stormed a complex of an Army unit in Nagrota on Tuesday, killing seven security personnel, including two officers.Parrikar, speaking at a function, said it was “very painful” to see soldiers die but they needed to save children and families. “I think we need to think out of the box. I am very sure that Army is aware of it and working on it,” he said. On fixing responsibility, Parrikar said even if he did a mistake, he would “have to pay for it”. “Even if there are lapses, they need to be tackled properly. You cannot afford lapses,” the minister said.Parrikar spoke about the need for use of smart technologies for perimeter protection of sensitive bases but said infrastructure could not be created overnight. He indicated that lengthy Army procedures were coming in the way of getting things done swiftly. The minister said he had taken the initiative for the Army to experiment with three to four types of fences on a pilot basis but “they have massive procedures”. On possibility of more surgical strikes, Parrikar said the “principle of uncertainty” should be allowed to operate. “It will be beneficial to all of us.”“Earlier, one thing was sure that India won’t cross (Line of Control). Now that one thing is missing,” he said. — PTI

Announcement of new Army, IAF chiefs soon

  • New Delhi: Defence Minister Manohar Parrikar on Friday said the names of the next Army and IAF chiefs will be announced very soon. “I don’t see any reason why it has to be two months ahead… they are out of the top people in the forces. The Defence Ministry has cleared the names. It has to be approved by the Appointments Committee of the Cabinet,” he said. Current Army Chief General Dalbir Singh and IAF chief Air Marshal Arup Raha are set to retire on December 31. IANS

 

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Omar questions efficacy of surgical strikes

Omar questions efficacy of surgical strikes
National Conference working president Omar Abdullah addresses party workers in Srinagar on Wednesday. Tribune photo: Amin War

Azhar Qadri

Tribune News Service

Srinagar, November 30

Former Chief Minister Omar Abdullah today described the situation in the state as a “cause of grave concern,” saying the militants were “no more deterred” from attacking armed forces even after the surgical strikes.In a series of tweets yesterday night, hours after the militant attack on an Army base in the Nagrota area of the Jammu region, and talking to reporters today on the sidelines of his party’s function here, Omar also said the state and the Central governments should secure the border and ensure peace.“Regardless of what BJP spokespersons would have us believe, Pakistan is no more isolated internationally today than it was six months ago,” Omar wrote on Twitter.In his tweets, Omar questioned the efficacy of the surgical strikes, launched against militant launch pads across the Line of Control on September 29 this year with a focus to ensure that militants “do not succeed in their design of infiltration.” “It is also true that terrorists are no more deterred from attacking our armed forces today than they were prior to the surgical strikes!” Omar said.Omar said the Central government “must explain its Pakistan policy”, as seven soldiers, including two officers, were killed yesterday in a deadly fidayeen attack on the Army base in Nagrota.While speaking to reporters today at his party’s headquarters here, Omar, who is the working president of the National Conference, said there was no doubt that the situation was cause of grave concern.“In recent months, we have seen serious deterioration in relations between India and Pakistan. We have seen a significant increase in tension along the LoC. Unfortunately, we have also seen a significant rise in militancy, resulting in far higher casualties than in recent years,” he said, adding that the situation pointed towards a “failure, both at the level of the state and Central government.”“We hope that steps will be taken by the state and Central governments to secure our border and ensure we live in peace,” he said.He said India and Pakistan need to take initiatives for dialogue. “Pakistan cannot expect only India to take initiative. Modi took initiative, he went to Lahore, he went and attended wedding in Nawaz Sharif’s family, what happened afterwards, Pathankot. So, therefore, Pakistan cannot expect only India to take initiative. Pakistan also has to take it, this is a situation where both have to take initiative,” he said.

Azad pays tributes to martyrs

Jammu, November 30

Senior Congress leader and Leader of Opposition in Rajya Sabha Ghulam Nabi Azad strongly condemned the terror strike on the Army base at Nagrota in Jammu on Tuesday.“I pay homage to the brave officers and soldiers who lost their lives in the attack. My heart goes out to their families and I pray that the Almighty gives them strength to bear the irreparable loss,” Azad added. He also urged the Central Government to take concrete steps to prevent such occurrence in future. Azad also expressed deep concern on the increase in frequency of such attacks and firing incidents along the border in the last few months.Meanwhile,NC provincial president Devender Singh Rana also paid tributes to the bravehearts. —TNS


Course mates pay tributes to Indo-Pak War hero

Course mates pay tributes to Indo-Pak War hero
Veterans pay tributes to Arun Khetarpal of Poona Horse during the Vijay Diwas celebrations in Chandimandir on Friday. Tribune Photo: S Chandan

Tribune News Service

Chandigarh, December 16

Course mates of Second Lieutenant Arun Khetarpal of the Poona Horse, who was decorated with the country’s highest gallantry award, the Param Vir Chakra, in the battle of Basantar during the 1971 Indo-Pak War, paid tributes to him at Chandimandir Military Station today.Arun Khetarpal was from the 47th Regular Course of the Indian Military Academy that had passed out in June 1971. Course members go by the sobriquet “Born to Battle” as the war erupted a few months after they became officers.Among those who paid floral tributes to his statue were his brother, Mukesh Khetarpal, senior retired officers, including Lt Gen RS Sujlana, Lt Gen BS Takkar, Lt Gen JP Singh, Lt Gen DS Sidhu, Maj Gen TPS Bakshi, representatives from his regiment, officers from the Western Command Headquarters and the Air Force as well as a teacher and students from Lawrence School Sanawar, where he had studied.Arun Khetarpal had etched a tale of valour in blood, blunting a Pakistani armoured assault in the Shakargarh sector on the western frontier. Despite being severely wounded, he had refused to abandon his tank and his actions prevented the Pakistani formations from breaking through.Meanwhile, as part of the Vijay Diwas commemorations to mark the Indian victory in the 1971 War, a solemn wreath laying ceremony was held at the Veer Smriti War Memorial in Chandimandir, where Lt Gen IS Ghuman, Chief of Staff Western Command, laid a wreath to pay homage to martyrs.A large number of officers, other ranks as well as veterans attended the function. It was on this day 45 years ago that over 90,000 Pakistani troops surrendered before the Indian Armed Forces, which resulted in the creation of Bangladesh.


Heart of Asia declaration names LeT, Jaish as threat to peace in South Asian region

Simran Sodhi

Tribune News Service

Amritsar, December 4The Heart of Asia (HOA) Conference on Sunday saw India and Afghanistan come together on the issue of terrorism. In a diplomatic victory for India, the Amritsar Declaration issued at the end of the conference named Pakistan-based terrorist groups, including Lashkar-e-Toiba (LeT) and Jaish-e-Mohammad (JeM), as grave threats to peace in the South Asian region. (Follow The Tribune on Facebook; and Twitter @thetribunechd)

India had tried and failed to get these groups mentioned in the Goa Declaration issued at the end of the BRICS Summit in Goa.

Significantly, the much anticipated India-Pak pull aside on the sidelines of the conference did not happen but on the contrary, Afghanistan had some harsh and blunt words in store for Pakistan’s support of terrorism.The day started on a bad note for Pakistan with Afghan President Ashraf Ghani lashing out at Pakistan even while Sartaj Aziz, Pakistan’s de-facto foreign minister was in attendance. Ghani snubbed a $500 million pledge from Pakistan for development projects in Afghanistan, saying Afghanistan ‘needs aid to fight terrorism’.“We need to identify cross-border terrorism and a fund to combat terrorism. Pakistan has pledged $500m for Afghanistan’s development. This amount can be spent to contain extremism,” Ghani said as Aziz listened in.

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Pak media notes Modi-Aziz handshake in AmritsarAziz day early for Amritsar meet“Afghanistan suffered the highest number of casualties last year. This is unacceptable… Some still provide sanctuary for terrorists. As a Taliban figure said recently, if they had no sanctuary in Pakistan, they wouldn’t last a month,” Ghani said.In contrast, when it came to talking about India’s support to Afghanistan, Ghani expressed his appreciation and said the relationship is based on ‘shared values and beliefs’.India stood shoulder to shoulder with Afghanistan on the issue of terrorism and though Prime Minister Narendra Modi did not name Pakistan, his emphasis was very much in that direction. “Terrorism and externally-induced instability pose the gravest threat to Afghanistan’s peace, stability and prosperity,” Modi said. The PM went on to add that ‘silence and inaction against terrorism in Afghanistan and our region will only embolden terrorists and their masters’.While the snub from Afghanistan was out in the open for Pakistan, from India there was no great warmth or reciprocity for Pakistan’s desire for resumption in dialogue. Officially, India maintained that there was no pull aside or bilateral between Aziz and National Security Adviser (NSA) on the sidelines of the conference. Sources, however, confirm that Aziz and Doval did shake hands and had a brief conversation during the HOA dinner Saturday. 

Terrorists won’t last a month without sanctuary in Pakistan: Afghan President

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Message from Nagrota: India must be ready for the long haul::: Lieutenant General Syed Ata Hasnain (retd),

‘The devious minds across the border will test us to the hilt, but in the course of that will offer us opportunities for which we must be prepared,’ says Lieutenant General Syed Ata Hasnain (retd), who commanded the Uri Brigade, the Baramulla Division and the Srinagar-based Chinar Corps.

Reinforcements arrive to neutralise the terrorists at the army base in Nagrota. Photograph: PTI

At the outset it is important to clarify that the term fidayeen is being used in this essay as a means of convenience. It does not sanctify the sneak actions of terrorists.

The fidayeen phenomenon is not new to the Jammu and Kashmir scenario. We first witnessed the employment of these suicide terrorist squads launched by Pakistan as part of the proxy war as an adjunct to the operations in Kargil in 1999.

The Indian Army was already stretched. 8 Mountain Division had redeployed to the Kargil heights laying bare the vast area of North Kashmir whose responsibility then fell to the Rashtriya Rifles Victor Force which was essentially responsible for operations in South Kashmir.

By infusing small groups of suicide terrorists Pakistan hit the rear areas of 15 and 16 Corps North and South of the Pir Panjal. Garrisons were then without any perimeter obstacles and access control at gates was not of a high order.

We had a series of setbacks forcing us to redefine perimeter security and access control while deploying a much larger strength on the security of assets in the rear which included ammunition and other logistics dumps, including gun areas.

It was what Operation Gibraltar of 1965 may have hoped to achieve which Pakistan achieved to some extent in 1999. The high octane security scenario lasted almost till 2006 although the most intense period was 1999 to 2003.

I digress to explain that the proxy war we have been subjected to is not a conventional conflict situation.

It is the ideal manifestation of hybrid war where different domains of the conflict spectrum are energised as threats; the composite effect is what is happening right now.

A feeling of being boxed in, with lesser options each time.

Fidayeen actions are a subset of this strategy and add to the claustrophobia.

Unless we learn to view this from a comprehensive and long term angle, this feeling of limited options will continue.

The Uri attack set in in motion a series of events which have seen different levels of violence.

Baramula, Langaiyat and Pampore, before it shifted to the LoC with heavy fire assaults and actions by Pakistan’s Border Action Teams including mutilation of two Indian soldiers.

A total of 26 Indian soldiers and BSF men have died since the launch of the surgical strikes.

It is also true more Pakistani soldiers have died in actions by the Indian Army, but this is neither a zero sum game nor a game of numbers.

Pakistan, or at least the Pakistan army, continues to believe that it can win this war by slowly bleeding India through the terror strikes and enhancing the alienation of the Kashmiri people against India.

This is the strategy which dates back to the time of Zia-ul Haq and was first evolved in 1977 as the slated retribution against India for the loss of Bangladesh and defeat in the 1971 Conflict.

India has suffered for the last 27 years while the initiative has invariably remained in the hands of the troublemakers from across the border.

Failed peace efforts and mistakes in testing India’s threshold of tolerance have kept Pakistan on tenterhooks too, but India has been unable to hurt it sufficiently to deter further pursuance of proxy war.

It is in the light of all the above that the Nagrota strike on November 29, 2016 should be viewed. This is the third major terror strike against India’s defence installations in 2016.

Uri led to the surgical strikes on September 29, 2016, resulting in the heating of the temperature at the LoC and in the hinterland and Nagrota showed that the deterrence effect was minimal.

Three things are proved from this. The enhanced Pakistani sponsored and led activity is a tacit admission that the surgical strikes were a success, not necessarily in the strategic domain, but definitely in the operational one.

The outgoing Pakistan army chief General Raheel Sharif could not have gone home without avenging the strikes even as he denied them.

Secondly, Nagrota was apparently a farewell event for Raheel Sharif even as he hoped to put his successor in a state of compulsion to follow his rogue policy.

Thirdly, to expect a strategic effect in terms of deterrence from a single set of surgical strikes which were just trans LoC in scope may be naïve on the part of the planners and thinkers in India’s strategic community.

Deterrence can only be achieved if the demonstration hurts, and hurts badly.

The demonstration (surgical strikes in this case) has to be combined with a mix of measures in other domains — diplomatic, economic, psychological and social — before it takes full effect.

The failure to deter should not discourage our planners because it now gives leeway to expand the scope of response and there is an entire spectrum available for that.

The response to Nagrota will mean upping the escalatory ladder with measures to strike deeper, with more deadly intent and combine these with fire assaults over a period of time, especially in areas where we dominate the ground completely, such as in the Nilam Valley.

The escalation should not worry us as we have to be prepared for the eventual spread to the Punjab border too. There is no doubt that the people in border areas will suffer the ill effects of a permanent breakdown of the informal ceasefire.

Unfortunately, that is where the options wear thin and suffering on both sides will be intense. That offers scope to launch well-conceived and prepared psychological operations targeting the villages and families on the other side of the international border and LoC.

Since this essay advocates preparation for the long haul it is only correct that the army and all other security forces review their garrison security.

Infrastructure improvements if required even with long term security must be invested in.

Night surveillance equipment available with a range of Indian vendors must go beyond exhibitions at FICCI and Northen Command Melas and actual procurement must be done.

The rear areas be treated with a degree of respect as areas potentially equally vulnerable.

The report of the Philip Campose Committee set up after Pathankot must be perused seriously and Parliament kept informed of the measures that have been taken to strengthen rear area/garrison security.

Accountability for penetration by fidayeen must be fixed and necessary action taken against the command chain every time it occurs.

A trifle unfair due to equipment and infrastructure deficit, but when the chips are down armies rely on the kinetics of their own self-generated energy.

The last message from any pragmatic analysis of Nagrota would point at the inevitability of the long haul and the need for national stamina.

The devious minds across the border will test us to the hilt, but in the course of that will offer us opportunities for which we must be prepared.

The long march to peace has not even started and Nagrota signifies that.

Lieutenant General Syed Ata Hasnain (retd) is now associated with the Vivekanand International Foundation and Institute of Peace and Conflict Studies.

IMAGE: Reinforcements arrive to neutralise the terrorists at the army base in Nagrota, November 29, 2016. Photograph: PTI


Sharp fall in Chinese incursions at border areas

Indian Army’s ability to detect and thwart Chinese efforts of intrusion has improved manifold and is showing results.

 | Posted by Ashna Kumar
New Delhi, December 30, 2016 | UPDATED 05:15 IST

Indian & Chinese delegation leaders meet at Chushul.Indian & Chinese delegation leaders meet at Chushul.

“We do not seem to be able to cooperate as effectively as we should,” said Foreign Secretary S Jaishankar earlier this month in New Delhi. He was referring to the disjointed approach of India and China on a variety of issues including terrorism and a seat for India into the Nuclear Suppliers Group (NSG), among other things.

Running from north to the east of New Delhi is the 3488km long, unmarked and imaginary Line of Actual Control (LAC) that separates the two Asian powers. It has been the barometer of the warmth (or the lack of it) between the two. Apart from witnessing a full-blown war in 1962, the LAC has also played host to several skirmishes, incursions and transgressions in the later years.

Notwithstanding the lack of cohesion in ties, the LAC has cooled down. Transgressions (distinct from incursions) from the Chinese side into India show a sharp fall. The Sino-Indian border, though peaceful for decades, has not been free from surprise. When Chinese President Xi Jinping visited India in September 2014, his arrival was punctuated with the arrival of the Chinese People’s Liberation Army in Ladakh where a tense stand-off followed.

Days before Chinese Premier Li Keqiang was to visit India in May 2013, the Chinese forces were locked in a bitter face off with the Indians in the Depsang, Ladakh. Then, the Ministry of Defence (MoD) had called it a ‘low’ and said, “The thaw in India-China border relations was also broken in April when Indian Army was once again challenged by China’s People’s Liberation Army (PLA) by their repeated incursions into Ladakh Sector on the LAC.” This is the cause for many to varying interpret what this drop may imply.

Also read: In challenge to India’s position, China to hold first army drills with Nepal

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While the Army refused to share information or respond to the query, a source in the Ministry of Defence said, “This only indicates a better understanding at the local level between the two. It would be premature to see any larger design or a change of intent.” Indian Army’s ability to detect and thwart Chinese efforts of intrusion has improved manifold and is showing results. That apart, better coordination and understanding fostered by high level visits have helped explained an officer who did not wish to be quoted.

INDIAN ARMED FORCES ON GUARD

On Indian side, the Army and the Indo Tibetan Border Police have their boots on the ground at the LAC. Both have seen a ramping up of efforts with enhanced manpower and resources. The Army has identified 14 Strategic Rail Links of which in July the government accorded ‘in principle’ approval for four. The Border Roads Organisation has over 40 roads totalling over 3000km to build. On its part, Indian Air Force has activated Advanced Landing Grounds at Walong, Ziro, Along, Mechuka, Tuting and Pasighat. One at Tawang and Vijaynagar will take longer.

Also read: China blocks tributary of Brahmaputra in Tibet to build dam

IAF has also based its heavy Sukhoi 30 jets at Tezpur and Chabua and will soon activate the second squadron of C130 special operations plane at Panagarh which is home to the Army’s Mountain Strike Corps, a China-centric formation being raised. Outgoing IAF chief Air Chief Marshal Arup Raha on Wednesday said India was aware of the Chinese build up and was doing what was necessary for its security.”

Writer and China-watcher Claude Arpi said, “It is definitely a combination of factors. However, it is also a fact that China is wary of opening another front, that too against India. Lastly, Jinping’s military reforms initiated last December have left the Chinese with a lot of new arrangements to cater for.” Before the reforms, India would face the Chengdu and Lanzhou Military Regions (MRs).


Was denied permission to challenge Hindujas’ discharge in Bofors case: CBI to SC

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NEW DELHI: The CBI admitted before the Supreme Court on Thursday that it was refused permission by the authorities a decade ago to appeal against the Delhi high court order discharging the Hinduja brothers in the Bofors payoff case.

When the matter got listed after five years for fresh hearing before a bench of Chief Justice T S Thakur and Justice D Y Chandrachud, even the private petitioner advocate Ajay Kumar Agrawal- who was given special permission by the SC to appeal against the HC order- was absent.

Appearing for CBI, advocate P K Dey said the agency was not permitted to appeal against the May 31, 2005, HC judgment discharging the Hinduja brothers- Srichand, Gopichand and Prakashchand- from the case, along with Bofors company.The bench, which was handling the case for the first time as it was last taken up for hearing on August 12, 2010, wanted to know if the notice issued to the Hindujas on October 18, 2005 had been served. Even CBI did not know if it had been served.
The bench asked, “Where is the petitioner?” But the petitioner was absent and had deputed no one to represent him. The bench asked, “Does the petitioner practice in the Supreme Court?” Dey said that he did. The bench adjourned the proceedings to January.

On October 18, the court had allowed Agrawal to file an appeal against the HC judgment in the absence of such a plea by the CBI. The HC had quashed all charges against the Hinduja brothers and castigated CBI for its handling of the case.
“Before parting, I must express my disapproval at the investigation that went on for 14 years… it cost the exchequer nearly Rs 250 crore… a huge bubble was created with the aid of the media which, however, when tested by the court, burst, leaving behind a disastrous trail of suffering… Careers, both political and professional, were ruined besides causing huge economic loss. Many an accused lived and die with stigma. It is hoped that this elite investigating agency will be more responsible in future,” the HC judge had said.