Sanjha Morcha

SC: Privacy is your fundamental right Constitution Bench: Part of right to life and liberty

SC: Privacy is your fundamental right

Satya Prakash

Tribune News Service

New Delhi, August 24

In a landmark verdict, the Supreme Court on Thursday declared right to privacy a fundamental right under the Constitution, saying it was “the constitutional core of human dignity”.“The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III (Fundamental Rights Chapter) of the Constitution,” a nine-judge Constitution Bench headed by Chief Justice of India JS Khehar ruled in a unanimous verdict.

Edit: Fundamentally right

Oped: Now, make privacy law However, the Bench clarified that like other fundamental rights, the right to privacy was not absolute and any encroachment will have to withstand the touchstone of permissible restrictions. A law to survive a challenge on the ground of violation of Article 21 must be fair, just and reasonable.Noting that informational privacy was a facet of the right to privacy and dangers to privacy in an age of information could originate from both the state and non-state actors, the Bench asked the Centre to put into place a robust regime for data protection. “The creation of such a regime requires a careful and sensitive balance between individual interests and legitimate concerns of the state,” it said.(Follow The Tribune on Facebook; and Twitter @thetribunechd)“The legitimate aims of the state would include, for instance, protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits,” the top court said.The court said, “These are matters of policy to be considered by the Union government while designing a carefully structured regime for the protection of the data.”“Since the Union government has informed the court that it has constituted a committee chaired by Justice BN Srikrishna, former SC judge, for that purpose, the matter shall be dealt with appropriately by the Union government having due regard to what has been set out in this judgment,” it added.The verdict, which lays down the law on right to privacy, would have a bearing on petitions seeking to declare illegal Section 377 which criminalises gay sex. It will also affect the outcome of petitions challenging the ‘two-finger test’ conducted on rape victims.The government’s ambitious Aadhaar scheme will get impacted as petitions challenging it on the ground of violation of right to privacy would be decided by a smaller Bench separately on the basis of the law declared by the nine-Judge Bench.The verdict assumes significance in the age of social media, as individuals can claim constitutional protection for their data. It will also impact the outcome of petitions challenging the WhatsApp privacy policy pending before a five-judge Constitution Bench.The Bench said life and personal liberty were “inalienable rights”. “Privacy with its attendant values assures dignity to the individual and it is only when life can be enjoyed with dignity can liberty be of true substance. Privacy ensures the fulfilment of dignity and is a core value which the protection of life and liberty is intended to achieve,” the Bench said.The all-important ruling came on petitions filed by former Karnataka High Court Judge KS Puttaswamy, child rights activist Shanta Sinha, former bureaucrat and activist Aruna Roy, former Major General Dr Sudhir G Vombatkere and others who contended that right to privacy was a fundamental right and the Aadhaar scheme violated it.The nine-judge Constitution Bench specifically overruled two earlier verdicts that said right to privacy was not a fundamental right under the Constitution.In MP Sharma and others versus Satish Chandra, an eight-judge Constitution Bench had held in 1954 that right to privacy was not a fundamental right. A similar view was taken by a six-judge Bench in 1962 in Kharak Singh versus the State of Uttar Pradesh.It was on the basis of these two judgments that the then Attorney-General Mukul Rohatgi had asserted before the top court in 2015 that citizens didn’t have a fundamental right to privacy, inviting criticism from civil society and rights activists.But during the hearing, Rohatgi’s successor KK Venugopal had conceded that right to privacy was a fundamental right. He, however, had asserted that it was a qualified right and the government had a right to regulate it through a law.In all there were six separate but concurring verdicts. The CJI, who didn’t write one, pronounced the operative part of the verdict signed by all nine judges in a jam-packed courtroom at 10.39 am. Other judges on the Bench were Justices DY Chandrachud, J Chelameswar, SK Kaul, SA Bobde, RF Nariman, AM Sapre, RK Agarwal and Abdul Nazeer.LANDMARK VERDICT DECODED 
What it said

  • The decision in MP Sharma case (1954), holding that right to privacy is not protected by the Constitution, stands over-ruled
  • The decision in the Kharak Singh (1962) case, to the extent that it holds that right to privacy is not protected by the Constitution, also stands over-ruled
  • The right is protected as an intrinsic part of right to life and personal liberty under Article 21 and as part of  freedoms guaranteed by Fundamental Rights chapter of the Constitution
  • Decisions subsequent to Kharak Singh case, which say right to privacy is protected as an intrinsic part of the right to life and personal liberty, lay down the correct position in law.

Likely impact

Aadhaar scheme

Based on the law laid down by the nine-judge Constitution Bench, a smaller Bench would examine the validity of Aadhaar law and decide whether it violates right to privacy of individuals

Whatsapp privacy policy

A five-judge Bench is seized of petitions against it. Issues of right to privacy will be decided on the basis of the law declared by the nine-judge Bench

Homosexuality

Section 377, which criminalises gay sex, becomes vulnerable after right to privacy has been declared a fundamental right. Pleas seeking to declare this Section illegal pending before Curative Bench

Pornography

Petitions seeking a blanket ban on pornography will now face robust opposition as those opposed to it might seek to defend it on the ground of right to privacy

Two-finger test

Petitions challenging two-finger test on rape victims now have a better ground in the form of right to privacy

clip


After SC bail, Lt Col Purohit says eager to rejoin Army

After SC bail, Lt Col Purohit says eager to rejoin Army
Lt Col Shrikant Prasad Purohit, who was granted bail by the Supreme Court on Monday in the 2008 Malegaon blast case, being taken to the Sessions Court from Taloja Jail in Navi Mumbai on Tuesday. PTI

Mumbai, August 22

A day after the Supreme Court granted him bail in the 2008 Malegaon blast case, Lt Col Shrikant Prasad Purohit said he wanted to rejoin the Army as soon as possible.”I want to wear my uniform. It is outermost layer of my skin. I am wedded to it. I am very happy to get back into the service of the best organisation in the country if not the world, the Indian army,” he told reporters outside a sessions court here.Purohit — whose bail formalities are yet to be completed — had been brought to the court for a hearing on framing of charges.”I have two families — the Army and my family which includes my wife, my two sons, sister and mother. I cannot wait to return to them,” he said.The Army didn’t “let me down”, said Purohit.”It’s been the tradition and ethos of the Army not to let down its men,” he said, adding, “I never even once felt that I was out of the Army.”He praised his wife for helping him in his legal fight.Asked if he will seek action against the Maharashtra Anti-Terrorism Squad for allegedly “planting (explosive) RDX on him”, Purohit said he was part of an institution, and if those claims were true, his “seniors” (in the Army) will deal with the matter.”I am too small a fry to fight this,” he said.Asked if he blamed anybody for his plight, the officer said no one was to blame but his “destiny”.”The Army is the only institution in the country which is not shaken by the ripples of what is happening in society,” he said.

Release likely tomorrow

He, however, will have to spend one more night in jail before he is released.Purohit was produced before the special NIA judge S D Tekale here today. The court is hearing the accused on framing of charges in the Malegaon blast case.In the afternoon, Purohit’s lawyers in Delhi approached the Supreme Court, seeking modification of bail conditions.”The SC accepted our request and allowed us to avail of cash bail instead of producing sureties,” said advocate Shrikant Shivde, Purohit’s lawyer.Purhoit’s lawyers then initiated the procedure for getting a release order, which the special NIA court issued in the evening.Police escorted Purohit back to Taloja jail near Mumbai a little after 6.30 pm. An Army vehicle had reached there to take Purohit, but it left after realising that he may not come out today as formalities for his release will take some more time.The apex court had yesterday granted bail to Purohit, who has been in jail for almost nine years for his alleged role in the 2008 Malegaon blast case.Six people were killed in a bomb blast on September 29, 2008 at Malegaon, a communally-sensitive textile town in Nashik district of north Maharashtra.The apex court said there were “material contradictions” in the charge sheets filed by the ATS and the National Investigation Agency (NIA), which were required to be tested at the time of trial. — PTI 

clip


BRO gets more financial teeth

BRO gets more financial teeth

Tribune News Service

New Delhi, August 20

The Ministry of Defence today delegated greater administrative and financial powers to the Border Roads Organisation. This will increase financial powers of the decision-making authorities in the BRO.Functioning under the control of the Ministry of Defence since 2015, the BRO is engaged in road construction to provide connectivity to difficult and inaccessible regions in the border areas of the country.The decision is in line with bringing in transformational changes in the BRO.Various powers have been revised in the organisation. Earlier, a Chief Engineer in the BRO could give administrative approval of works only up to Rs 10 crore, that too only for departmental works, whereas the Additional Director General Border Roads (ADGBR) had the powers to accord administrative approval only up to Rs. 20 crore for departmental works. For contractual works, all administrative approvals were given by the DGBR, who had powers only up to Rs 50 crore.Enhancing the powers at all levels, the ministry has allowed the Chief Engineer to accord administrative approval of up to Rs 50 crore, ADGBR up to Rs 75 crore and DGBR up to Rs 100 crore.Similarly, the BRO needs modern construction. Earlier, the DGBR had powers to allow procurement of indigenous equipment costing up to Rs 7.5 crore and imported equipment worth up to Rs 3 crore.All other cases of procurement had to be referred to the Ministry of Defence.In order to fast-track the procurement of latest construction machinery and equipment in the BRO, the Ministry of Defence has enhanced the delegation of powers up to Rs 100 crore to DGBR for procurement of both indigenous/imported equipment.The ministry in consultation with the armed forces would identify the roads to be entrusted to the BRO and fix priorities.


Doklam and beyond by Gen VP Malik (retd)

Doklam and beyond
FRENEMY: China’s approach towards India has always been aggressive.
1malik

Gen VP Malik (retd)

THE ongoing China-Bhutan-India confrontation at the Doklam grazing ground is characterised less by soldiers sitting eyeball to eyeball and more with bullying, threatening and disparaging language being used by China against India. With soldiers from both sides digging in, the consequences of this confrontation remain unpredictable.On China’s India-specific attitude, I will start with the Agreement on the Maintenance of Peace and Tranquillity along the Line of Actual Control (LAC) in the India-China Border Areas signed in1993. As a senior Army officer then, I was involved in discussions regarding military confidence-building measures with China, as well as advising Bhutan on the India-Bhutan-China border issues. Para 2 of the agreement stated: ‘The two sides agree to reduce their military forces along the LAC in conformity with the requirements of the principle of mutual and equal security to ceilings to be mutually agreed. The extent, depth, timing and nature of the reduction of the military along the LAC shall be determined through mutual consultations between the two countries. The reduction of military forces shall be carried out by stages in mutually agreed geographical locations sector-wise within the areas along the LAC.’ However, after the agreement, despite our best efforts, China backed out on the delineation or disclosure of its perception of the LAC, which had to be the start point for any troop reduction or relocation by either side. In 1996, during an official visit to China, I called on Gen Chi Haotian, then defence minister, and raised this issue. He not only brushed it aside, but also displayed his annoyance. I felt then — and do so now — that China wants to settle India-China boundary issue on its own terms, at some opportune time.China’s aggressive approach towards India began in the late 2000. It opposed nuclear exemption for India at the NSG, as it opposes India’s membership of the NSG now. Despite the political acceptance of Sikkim’s status within India, China has made attempt to create ambiguity on this issue. It started issuing ‘paper visa’ to travellers from J&K and Arunachal Pradesh. In the recent past, several incursions have been attempted in Ladakh. The Chumar incident took place when Chinese President Xi Jinping was being feted in India. China has refused to declare Masood Azhar as a global terrorist despite near unanimity in the UN on this issue.Beijing stopped bothering about India’s sensitivities when it began to use its economic and military clout to influence and wean away India’s South Asian neighbours. Its embrace of Pakistan has got tighter. China is now an integral part of India-Pakistan disputes. It took no notice when India objected to CPEC passing through the disputed territory of Gilgit-Baltistan, but felt insulted when India did not attend the OBOR jambooree in Beijing. With its string of pearls strategy, and CPEC entry to the Arabian Sea, its influence in the Indian Ocean and its littorals is expected to rise sharply.Doklam has been an ‘accepted’ disputed area between Bhutan and China since the 1980s. When China started road construction — a unilateral attempt to change the status quo in the area — Bhutan called for India’s help under the purview of India-Bhutan Friendship Treaty of 2007. India’s action is also in its own national interest. If allowed to be completed, this road would not only extinguish Bhutan’s claim over Doklam, but also improve Chinese reach to India’s narrow Siliguri corridor. Yet another obvious purpose is to dent the good relations between India and Bhutan.Now to the larger, global perspective of China. Paul Kennedy in his book The Rise and Fall of Great Powers stated that ‘Long-term shifts in economic productivity of nations are co-terminus with the increase or decrease of their global influence’. After developing its economy and military power, China is now emerging as a revisionist, expansionist and a combative power; its ‘peaceful rise’ stage seems to be over. Under Jinping, it is pursuing a strong domestic national identity and the dream of once again becoming the Middle Kingdom. China has running territorial disputes with many countries, including India, Japan, Taiwan, Philippines and Vietnam. In the process, it has started asserting dubious claims, bullying smaller nations and adopting a defiant attitude like the one on the International Tribunal award over the South China Sea.In redrawing borders and expanding spheres of influence, China is indulging in cartographic subjectivity. History and selective interpretation of colonial-era decisions are quoted in accordance with its own prerogatives — China rejects McMahon Line with India as a colonial era accord, but accepts this line as a boundary with Myanmar. And now it cites the 1890 Anglo-Sikkim Convention in the case of India-China-Bhutan tri-junction in Chumbi Valley.India has displayed accommodation and timidity in dealing with China’s numerous provocations — its territorial claims, encroachments, nexus with Pakistan, supporting insurgencies inside India, trade imbalance, violation of bilateral agreements and opposing India’s vital interests in multilateral forums. After Doklam, this attitude may change. Any display of weakness will not only encourage Chinese coercion and bluster, but also impact India’s relations and credibility in South, Southeast and East Asia. India will need to carry out a holistic review of its China policy.In the last two months, China has made several military threats. Keeping in view the nuclear status of both countries and geopolitical sensitivities involved, I doubt if there can be a high intensity India-China armed conflict. A major armed skirmish in Chumbi Valley is also unlikely. The geography here places serious operational disadvantage to China. The scope of any limited conflict/skirmish can be expected to shift to the less accessible areas in Ladakh, Central Sector or Arunachal Pradesh, where it has better mobility and logistic advantages. Yet, another option China could adopt is to restart helping India’s secessionist elements in the North-East and along the Siliguri corridor. Or to use its cyber capabilities to damage any national-level IT-enabled systems. It would then be able to cause greater intimidation without going to war.While preferring a solution through a dialogue on equal terms, India must be prepared for all eventualities. There is considerable asymmetry in power potential between China and India. Without getting into an arms race, India must start thinking strategically to cope with China’s power. Doklam is a wakeup call to look at our defence capabilities and infrastructure along the LAC and to review the long comatose military transformation.The writer is a former Army Chief 


Kirti Chakra for 5, 17 get Shaurya Chakra

New Delhi, August 14

Two Army men, who sacrificed their lives during anti-terror operations, were among five security force personnel selected for the prestigious Kirti Chakra, the second highest peacetime gallantry award.On the eve of the 71st Independence Day, President Ram Nath Kovind approved 112 gallantry awards for defence and paramilitary personnel for making sacrifices in the service of the nation, the Defence Ministry said.Havildar Giris Gurung of Gorkha Rifles, Major David Manlun of Naga Regiment and Pramod Kumar, Commandant of 49 Battalion, CRPF, were chosen for the Kirti Chakra posthumously.(Follow The Tribune on Facebook; and Twitter @thetribunechd)Maj Preetam Singh Kunwar of Garhwal Rifles and Chetan Kumar Cheeta, CRPF Commandant, have also been selected for the award. No one has been awarded the Ashok Chakra, the highest peacetime gallantry award.The gallantry awards approved by the President, who is also the Supreme Commander of the armed forces, include five Kirti Chakras, 17 Shaurya Chakras, 85 Sena Medals (Gallantry), three Nao Sena Medals and two Vayu Sena Medals. On May 20, Havildar Gurung sacrificed his life during an anti-terror operation in Kupwara district of Jammu and Kashmir. Despite being grievously injured, he charged at a terrorist and fired at him, displaying extreme courage and dedication towards call of duty. Major Manlun was killed during an encounter with militants in Mon district of Nagaland on June 6. He was a role model for his colleagues as he always led from the front, the Army said.Major Kunwar has also been awarded the Kirti Chakra for showing grit and determination during an anti-terror operation in Jammu and Kashmir on May 25 during which he killed three dreaded terrorists.

CRPF Commandant Cheeta had slipped into coma after being hit by bullets during a gun fight with terrorists in Jammu and Kashmir earlier this year.Kovind also approved a President’s Tatrakshak medal, four Tatrakshak gallantry medals and two Tatrakshak meritorious service medals to Indian Coast Guard personnel.Navy personnel selected for the Nao Sena medal are Pushpendra Tyagi, Jaskaran Singh and Azhar Azharuddin.

The Vayu Sena medals will be conferred on Wing Commander Subhash Singh Rao and Wing Commander Ravinder Ahlawat. — PTI

 

  • Havildar Giris Gurung of Gorkha Rifles (posthumously)
  • Major David Manlun of Naga Regiment (posthumously)
  • Pramod Kumar, Commandant of 49 BN, CRPF (posthumously)
  • Major Preetam Singh Kunwar of Garhwal Rifles
  • Chetan Kumar Cheeta, Commandant, CRPF

 


HAFIZ SAYEED’S MILLI MUSLIM LEAGUE PAKISTAN : RAISING THE PERFECT ‘POLITICAL TERROR OUTFIT’ by Lt Gen Syed Ata Hasnain

So Hafiz ‘Bhai’ now wants to further legitimize terror, its employment as a strategic tool, continue escaping the ban placed on him by various international organizations and nations and exploit the emerging political space in Pakistan. The formula for this is simple; just float a political party. Hafiz Saeed, the man in question here is commonly known as the Chief of the Lashkar e Toiba (LeT) now called the Jamat ul Dawa (JuD),  after the  US and later the UN bans  placed against him. The proposed party is to be named Milli Muslim League Pakistan. What is all this about why is he doing this?

It is not difficult to assess Saeed’s intent but a little background always helps. A nobody, he was picked out by General Zia ul Haq in early Eighties to be an Islamic studies teacher and thereafter made his way to Saudi Arabia where he came under the influence of returning mujahideen from Afghanistan and the Ahle Hadith sect. On return, along with Abdullah Yusuf Azzam, the mentor of Al Qaida he founded the Markaz Dawa-Wal-Irshad (MDI). Azzam was a rabid Palestinian heavy on jihad and Saeed’s orientation can be traced to him. In all probability the MDI was part funded by the ISI and part by elements of the Ahle Hadith, no doubt with sponsorship of Abdullah Azam. It became the ideological element for the launch of so called jihad in J&K. In 1990 it gave rise to the Lashkar e Toiba (LeT) again inspired by the needs of the ISI based on the grandiose plans of Zia ul Haq to launch a war of a thousand cuts against India. The LeT formed the militant arm of the MDI and has undergone change of name more times than one can remember due to international bans and sanctions against it.

It has taken long for Saeed to realize that he could be a rabble rouser and a ‘friendly terrorist’ for the larger Deep State as long as he was useful to the ISI. With the changing political environment of Pakistan, uncertainty about the political dispensation after next year’s general elections and the fickle state of the world order, wherein alliances are yet un-cemented, being just the head of a friendly terrorist organization may not be enough in terms of lasting capability. The idea that his organization, with its ideological arm of the MDI and the militant arm of the LeT (JuD) would exercise no genuine power and continue to act at the whims of the state has dawned on him rather late. Possibly his faculties were dulled by the street power that the MDI can today exercise in terms of recruitment rallies and fund raising campaigns. This realization has led him to believe that without a political face to his organization he would always be at someone else’s mercy. Direct power can only be exercised through the political route and an opportunity seems to be emerging on Pakistan’s political canvas. The Bhutto inspired Pakistan People’s Party (PPP) is a pale shadow of the past and the Pakistan Muslim League (PML), the property of the Sharif family, has clearly got the ire of the Pakistan Army. Imran Khan’s Tehreek e Insaaf (TeI) hardly has pan Pakistan reach and Imran’s own personal reputation is questionable. In Oct 2016, Pakistan daily Dawn reported that a PML-N lawmaker, Rana Muhammad Afzal had questioned why Saeed was being mollycoddled at the cost of Pakistan’s international image and the inability to withstand criticism of the JuD’s role in Kashmir. Saeed’s appreciation of the situation probably led him to conclude that before many more Rana Afzals emerge to question his credentials it was safest to create a political space for himself.

It is unknown whether MDI/JuD combine can pass muster to register as a political party in Pakistan’s yet to mature political system but clearly what Saeed is looking for is an escape route and greater legitimacy to protect his fiefdom which he has created with much care. If a Prime Minister of the main party from heartland Punjab could be brought down by the Supreme Court so could Saeed’s empire wither at orders of someone in authority who found him no longer useful.

There is no guarantee that Saeed’s move will take him through to a position of political legitimacy. If it does then the next question will be whether it will translate into seats. Pakistan’s electorate has shown a penchant for electing ‘feudals’ but not radicals. However, in five years much has changed in the Islamic world and after Mumtaz Qadri gained iconic status as the assassin of  Punjab Governor Salman Taseer what can one say of Pakistan and its electorate.

For India, the acceptance of the JuD/MDI as a political party under the Pakistan Constitution will give one more piece of evidence of the state involvement in the proxy activities in Kashmir. However, given the geo-strategic importance that international players accord to Pakistan, the evidence is likely to remain lost in the maze of the grey zone that Pakistan has successfully created in relation to its dubious activities.                                  


Our Army is far from battle-ready

The recent CAG report shows that our troops lack the ammunition for long and intense hostilities

There is bad news for those Facebook warriors eager for a war with China and Pakistan. The report that the country’s Comptroller and Auditor General (CAG) has submitted to Parliament about the Indian army has some significantly disturbing findings. Despite all its bravery, our army is battling with a drastic shortfall of necessary ammunition.

The report is a follow-up to the conclusions of May 2015. Its objective was to evaluate the progress that has been made over the last three years. The CAG report on ammunition management reveals that the situation in September 2016 has not changed very much since March 2013.

The reason? Our ordnance factories have not improved their output or quality and the procurement process continues to run on the old pattern. The wishlist of weaponry that the army headquarters wanted to acquire which was on the government’s files had not been fulfilled even till January 2017.

The CAG report also says that of the 170 kinds of ammunition in 2013, just 27% was ready for 20 days of intense fighting, while in September 2016, 80% ammunition was below the required levels. The situation has improved only marginally in the months that followed. The government has given the rights for procurement to the vice-chief of the army staff in the event of an emergency. With this, the risk has reduced but it hasn’t entirely vanished.

In this situation the question that comes to one’s mind is whether the government has set a standard where it should have a minimum level of arsenal and associated ammunition? The ministry of defence had devised a roadmap in 2013 according to which it had to procure 20 days of ammunition that was necessary to win a small-scale war, by 2015. It was also decided that these supplies would be increased to 40 days by 2019 so that we can prepare for bigger battles. Both these plans are hanging fire.

Even the best marksman and commando can forget his craft without adequate practice. According to this report, the army has had to cut down on its training drills in light of the shortage of essential resources. The shortfall in resources required for training is between 77% and 88%. Can you imagine any country winning a war without the requisite ammunition and training?

The situation continues to be so bad despite facing the repercussions of such shortfalls during the war with China in 1962. Even then, our soldiers were neither equipped with the requisite weapons, nor maps that are essential in the dangerous mountainous terrain.

We may have won the Kargil war in 1999, but at what cost? At the end of Operation Vijay, the shoulders of the Indian nationstate were drooping with the burden of 537 martyrs. Even during this war the shortfall of essential ammunition had been revealed. When the initial group of soldiers tried to scale the high peaks, they didn’t have the requisite clothes and shoes required for snowbound terrain. This has been the sorry picture of our military affairs from 1962 to 1999. Who should be held accountable for this ?

With utmost humility, I hold the nation’s political class responsible for this. The manner in which the Bofors ghost was created and used to pursue selfish goals for years together instilled terror in Delhi’s political corridors. Politicians began to be reluctant to buy the ammunition essential for the army and an issue critical to the nation’s security was pushed into the background.

The time has come when our politicians should stop the mud-slinging and create a consensus on subjects of national interest. Just because our soldiers are not afraid of making sacrifices, none of us have a right to push them into the jaws of death. On July 26 this year, in the memory of Operation Vijay, the people organised a number of events and sang patriotic songs. But how many of those participating in this group were perturbed over the findings of the CAG report?

The country’s foreign and military policy should be guided by facts, not emotions. The government in Delhi these days displays adequate sensitivity towards our soldiers on international borders. You may recall that Prime Minister Narendra Modi spent last Diwali with the soldiers guarding our borders. The defence ministry is being led by the sharp and astute Arun Jaitley. We sincerely hope that the duo gets rid of this old malaise afflicting the country.


Army has formulated policy on social media use: Govt

New Delhi, August 4

The Army has formulated a policy on the use of social media by its serving personnel which lists out dos and don’ts, the government said on Friday.

In a written reply to a question in the Lok Sabha, Minister of State in the Defence Ministry Subhash Bhamre said the guidelines have been issued primarily to ensure security of information and avoid its manipulation or distortion.

“The Indian Army has promulgated the policy on the use of social media by serving Army personnel, organisations which list out the dos and don’ts guidelines and content which are barred from being posted on social media platforms,” Bhamre said.

He said violations of above guidelines are investigated by the units and formations concerned.

The social media policy comes in the backdrop of reports about soldiers airing their grievance on social media.

Following such complaints, the Army also came up with a WhatsApp number where soldiers can post their problems which will be directly addressed to Army chief Gen Bipin Rawat instead of going to social media.

In response to another question, Bhamre said 14,63,512 youths applied to the Indian Army since 2014.

He said, replying to another question, a panel has been set up to examine and give their recommendations on the changes in the promotion policy and Quantified System of Selection (QSS) for officers of the Army.

The two-member panel comprises retired Army officers Lt Gen G S Khatoch and Lt Gen A K Ahuja. PTI


MAJ GEN SATBIR SUCCEEDS IN HIS IESM GB ELECTION DESIGN BUT CHANGEABLE IN COURT :::WRITES LT GEN RAJ KADIYAN

Dear Colleagues,
          Some half truths are being spread on the net. The District Registrar’s document was put before the court on 25/8/2017. Inter alia the Registrar made the following points:
1.    The planned elections are against the court order of 9/5/2017.
2.    The elections are against the Registration & Regulation of Society’s Act, 2012 of Haryana.
3.    The elections cannot be held  at a place other than the place of registration of the society.
 
        The court agreed to the illegality of the elections but brought out a technical point that the election process once set in motion cannot be legally stopped. Adding further, that it can be challenged.
 
        Question has been asked as to why I gave my consent on 9/5/2017. I did so because I have been pushing for elections all along. I asked for fresh elections in three months on 2/12/2012 during the AGM; again on 28/7/2013 during the general body meeting; supported the District Registrar when on 29/8/2013 he asked for elections in three months; supported the State Registrar when on 31/7/2014 he asked for elections in four months time. All these decisions were challenged by Veteran Gandhi before the higher authority or the court.
       
        In the same vein I agreed to the court’s suggestion on 9/5/2017 and gave a written consent laying down certain conditions. Unfortunately, the court order violated those conditions. I therefore filed an LPA and my appeal was heard on 3/7/2017 when the double bench gave me the liberty to revert to the same judge for reviewing his order. (Copy of the order is attached). Since that has not happened I have the option to go the double bench. A consent order not based on the consent given, is bad in law and is liable to be set aside.
 
        There is no question of my contesting the elections the legality of which I am myself questioning.
 
        I had already pointed out that minutes of GB meeting of 3/6/2017 (as also previous meetings) are all fiction. Even the simple fact of number of attendees is manipulated. Of the total 20 members of the GB, Veterans Jaini, Chaturvedi, Ahuja and Phatak were absent on 3/6/2017. Still Veteran Gandhi says 19 members attended. Minutes drafted by Veteran Gandhi himself, are always a record of convenience and never of facts.  
 
        Whatever farcical exercise they are doing on 27/8/2017 has no relation to any law, norms or rules. For example, among the criteria for eligibility, they have laid down that the ‘candidate should not be a whole-time member of any political party’. If the Returning/election officers were to do their job with honesty and sincerity, even veteran Satbir is not eligible to contest for any post because he is a member of the Fauzi Janta Party and his affidavit is available with the Election Commission (copy attached). 
         I will continue my crusade till elections are held through a collegium and IESM has a pan India representation in decision making bodies. 
With best regards,
Lt Gen Raj Kadyan
Chairman IESM
262, Sector-17A
Gurgaon – 122 001
On 26 August 2017 at 10:14, Ravindra Pathak <raviwarsha@gmail.com> wrote:
Dear All
Pls see the mail from Gp Capt Gandhi.
Finally the court has cleared all issues and the Elections will be held as scheduled.
Many have tried to sabotage the process by threatening to go to court and quoting only one letter from the Registrar . All those lies have now been exposed and critics silenced on the process leading to elections.
I would like to thank the Ad-hock committee and the election team that have taken efforts to make the process as flawless as possible.
Some have criticized the list of nominees for the election.Well non one was prevented from filing his nomination papers and none were rejected. So please stop being a keyboard lawyer and keyboard terrorist now.You had your chance and missed the bus.
I for one have not opted to stand for elections and thus had no interest in it except to see a new look GB that may take the IESM back to its old days of glory and harmony.
Who ever get elected must ensure they remove the short comings of the past and create a system that is transparent and participation based  by all.Issues of regional representation,
all India voting based on electronic means,doing away with direct elections to various posts etc are some of the issues we tried to tackle but failed. Hope the new dispensation will be able to carry out the reforms.
I wish those who will get elected all the best and warn you that the battled with Kadyan is not over. He will bite again.
Brgds
Pathak
FALSE PROPAGANDA BY VINOD GANDHI AS USUAL MISLEADING THE ESM
On 25 August 2017 at 20:13, Vinod Gandhi <vk_gandhi@yahoo.com>wrote:
Dear IESM Members and Veterans
 Further to my mail of 24 Aug 2017, the court hearing for the petition filed by Lt Gen RS Kadyan was heard on 25 Aug as planned in Pb and Har High Court. The Honorable justice has disposed of the petition Lt Gen RS Kadyan asking  for stay on IESM election. Honorable justice has not passed any comments on election procedure after hearing reply of State Registrar. Detailed court order could not be obtained in view of the tense situation in tricity. It will be circulated asap we receive it.
Dear Members it is established that GB IESM wants these elections to ensure that a democratically elected GB takes control of IESM and administers it as per will of members. The Stand of GB IESM has been vindicated after a fight of five years. Plan of Lt Gen RS Kadyan to stick to position has been shattered by the HHC.
In view of Honorable High Court order, It is for information of all that election of IESM will be held as planned on 27 Aug 2017 from 0900h to 1300h  at AVCC Sector 37 NOida. All members are requested to come and elect a GB of their choice to run the administration of IESM.
AMEN
Regards
Gp Capt VK Gandhi VSM
From: “Vinod Gandhi vk_gandhi@yahoo.com [indianveterans]” <indianveterans@yahoogroups.co m>
To: “indianveterans@yahoogroups.co m” <indianveterans@yahoogroups.co m>
Cc: Ravindra Pathak <raviwarsha@gmail.com>; Satbir General <satbirsm@gmail.com>; CK Sharma <seekayess@gmail.com>; Raj Kadyan <rajkadyan8@gmail.com>; Brig SC Kamboj <chander.kamboj@itintellectual s.com>; Col SS Rajan <colonelrajan44@gmail.com>; LT Gen S. K. Bahri <skbahri1@yahoo.com>; Aditya Jaini <ajbjaini@hotmail.com>; Yahoogroups <tsewa@yahoogroups.com>; Yahoogroups <triservicesveterans@yahoogrou ps.com>; M. V. <militaryveterans@yahoogroups. com>; Sivasankar Vidyasagar <csvidyasagar@gmail.com>; Indianveterans <indianveterans@googlegroups.c om>; “gsnijjar47@yahoo.in” <gsnijjar47@yahoo.in>
Sent: Thursday, 24 August 2017 12:06 PM
Subject: [indianveterans] IESM Elections 2017 at AVCC on 27 Aug 2017 will be held as planned
Dear IESM Members
You are aware that AGM and Election of IESM are planned under the order of HHC order dated 9 May 2017. This order was given after petitioner and respondent gave their consent for the plan. Our reason for consenting for election was simple that term of GB elected in 2014 had expired and hence a new GB needs to be elected democratically. Present GB does not want to administer IESM without proper mandate.
What was the reason of other party that is Lt Gen Raj Kadyan to give his consent for election is not known to us.
A governing body meeting was held on 3 June, It was decided to follow the order of HHC in letter and spirit.  The meeting was attended by Lt Gen RS Kadyan with as Chairman with full GB strength of 19 members .  As per order it was decided to plan elections asap. Nearest possible date for election turned out to be 27 Aug 2017. It was therefore decided to conduct elections to GB of IESM from 0900h to 1300h on 27 Aug 2017 at AVCC Noida.
An Ad hoc committee was formed minus Gp Capt VK Gandhi and Lt Gen RS Kadyan as per order of HHC. Brig CS Kamboj was unanimously elected as coordinator of Ad hoc Committee. All preparations for Elections have been done under his supervision.
Lt Gen RS Kadyan, who had consented for the election, appealed for stay of elections in HHC. The reason given by him is that order of HHC is not as per consent given by him. Whereas the actual reason for asking for stay in election is very clear that he is afraid of contesting election in face of sure defeat in the elections for him as well as for his friends. He has not even filed nomination papers for any post in GB. The case has had at-least four hearings and final hearing is on 25 Aug. The only ground which has been extended by him is that IESM GB has not requested Registrar for detailing a Returning officer. It is surprising that he claims to be Chairman of IESM, agrees for elections, does not write any letter to Registrar for planning elections even after being present in the GB meeting on 3 June 2017. Now he goes to court that GB has not planned elections as per order of HHC. Whereas the fact is that GB has written nine letters to Registrar on following dates requesting for detailing an observer/RO and clearly listing out every step of elections and execution of planned elections.
22 May2017
10 July 2017
18 July 2017
24 July 2017
26 July 2017
4 Aug 2017
9 Aug 2017
21 Aug 2017
23 Aug 2017
Some veterans have started a campaign to create doubts in the mind of ESM Family. Why and on whose behalf this campaign is being undertaken is not difficult to understand. It is very surprising that while everyone is patiently waiting for the order of HHC, these few veterans are giving their final judgment against the election. It is surprising that many of them are not even member of IESM but they must interfere in internal issues of IESM, as their birthright!!!!!!!!!!!!!.
Friends the truth is that IESM is committed to following HHC order in letter and spirit. IESM has planned the elections as ordered by HHC and is executing the order in letter and spirit. IESM has announced the elections program and is meticulously following the schedule. IESM election schedule has reached the stage of printing of ballot papers and final briefing to all candidates at the site is planned on 25 Aug.
There is only one candidate each for Chairman, Treasurer, Gen Sec and Jt Gen Sec and these candidates will be declared elected unopposed. There are two candidates for the post of Vice Chairman. Total of 24 nominations have been found valid for 16 vacancies in GB.
Election will therefore be conducted for Vice Chairman and sixteen post of GB members.
It is for the information of all IESM members that election process is continuing without any hinderance. Members have confirmed their attendance from 10 states to participate in election process. Members are therefore requested to not to believe the rumours being spread by few veterans about the elections. ALL MEMBERS ARE THEREFORE REQUESTED TO TAKE PART IN IESM GB ELECTIONS WITH ENTHUSIASM AND ELECT THE MEMBERS OF THEIR CHOICE TO RUN ADMINISTRATION OF IESM.
Election will be conducted by the independent Election team from 0900 to 1300h on 27 Aug Sunday at AVCC sector 37 Noida. Easiest way to reach AVCC Noida is to take blue line Metro to Botanical Garden stn. After alighting please follow the indicator. You will see a water tank about 300m in front of the station. AVCC is just next to Water tank.
 Account statement and Balance sheet for FY 14-15,15-16 and 16-17 will also be presented to the house for approval in AGM. Any other relevant points raised by members will be discussed.
ELECTIONS TO GB IESM WILL BE HELD AS PLANNED FROM 0900 TO 1300H AT AVCC NOIDA ON 27 AUG 2017. MEMBERS ARE REQUESTED TO PARTICIPATE IN ELECTIONS TO CHOOSE GB MEMBERS OF THEIR CHOICE.
Regards
Gp Capt VK Gandhi VSM
OROP is our right. Dilution in OROP will NOT be accepted.

HC slams Haryana on law and order, asks Centre to provide forces

HC slams Haryana on law and order, asks Centre to provide forces
In its detailed order, the Bench directed the Centre through the Home Secretary to provide forces “keeping in view the gravity of the situation”.

Saurabh Malik

Tribune News Service

Chandigarh, August 24

Coming down heavily on the Haryana government for its apparent inability to maintain law and order in the state ahead of the Dera verdict, the Punjab and Haryana High Court on Thursday asked the Centre to forthwith provide forces, including paramilitary force.Asserting that it could initiate action against the Director General of Police in case of the state’s failure to ensure security, the Division Bench of Acting Chief Justice Surinder Singh Saron and Justice Avneesh Jhingan said it did not want a situation similar to the Jat reservation stir.

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

The Bench said it also expected “full cooperation” from the Dera. Taking into consideration the sensitivity of the situation, the Bench posted the matter for post-lunch session.

Read more stories

In its detailed order, the Bench directed the Centre through the Home Secretary to provide forces “keeping in view the gravity of the situation”.The Bench asked the Centre to make its own assessment in the matter, while asking Haryana to afford its own estimation and requirement as might be necessary from time to time.Taking a note of CBI standing counsel Sumeet Goel’s submission that its investigating officer, witnesses in the case, and public prosecutor in trial and the High Court were facing threats, the Bench directed Advocate General BR Mahajan to make arrangements to provide protection to them.The Bench also asked Dera counsel SK Garg Narwana and Virat Amarnath to submit in the post-lunch session the steps being taken to defuse the situation. The Bench made the Centre through Home Secretary, the CBI and the Dera parties to a PIL in the matter before calling to the Court Additional Solicitor General Satya Pal Jain.The Bench asked Haryana Additional Advocate General Pawan Girdhar, Satya Pal Jain and advocate Dheeraj Jain to intervene in the matter. Punjab Additional Advocate General PPS Thethi was also requested to assist the court.“The Centre will provide adequate security and force to the state government for maintaining peace and law and order in Panchkula and its surrounding areas forthwith,” the Bench added.A lawyer on Wednesday had moved the High Court for directions to Haryana and its officials to make adequate security arrangements, especially in Panchkula district and surrounding areas, for the expected pronouncement of verdict in the criminal trial against Gurmit Ram Rahim Singh on August 25.Petitioner-advocate Ravinder Singh Dhull had also prayed that the security arrangements might be monitored by the High Court. He claimed that more than 1.5 lakh people had already entered Panchkula district despite prohibitory orders under Section 144 of the CrPC.

http://www.tribuneindia.com/news/haryana/hc-slams-haryana-on-law-and-order-asks-centre-to-provide-forces/456837.html

clip

clip