Ex-servicemen stand in support of Major Aditya Kumar at Supreme Court. File photo

Satya Prakash

Tribune News Service

New Delhi, March 5

In a dramatic turn of events, the Jammu and Kashmir Government on Monday told the Supreme Court that Major Aditya Kumar was not named in the FIR in connection with the Shopian firing on January 27 in which three civilians were killed.During hearing of a petition filed by Major Kumar’s father Lt Col Karamveer Singh seeking quashing of the FIR, senior counsel Shekhar Naphade told a Bench headed by Chief Justice of India Dipak Misra that the column in the FIR meant for mentioning the names of  “accused”  was blank.(Follow The Tribune on Facebook; and Twitter @thetribunechd)Naphade’s statement came after the CJI sought to know the allegations against the officer.  “He is an Army officer and not an ordinary criminal,” the Bench, also comprising Justice AM Khanwilkar and Justice DY Chandrachud, observed.The Bench, which had on February 12 stayed criminal proceedings against the Major, fixed April 24 to finally dispose of the matter. It said the investigation shall remain stayed till the next date of hearing. On behalf of the Centre, Attorney General KK Venugopal supported the petitioner and criticised the state for registering a criminal case against a serving Army officer without sanction from the Centre. Naphade opposed the stay on investigation, saying: “Nobody has the licence to kill… Let the probe continue. The court has already protected the officer by saying that no coercive steps shall be taken against the officer.”“Everyday soldiers are being killed. Mobs gather outside police stations to pelt stones. Do they have a licence?” the Attorney General countered. He quoted Section 7 of Armed Forces Special Powers Act, 1990, under which no prosecution can be launched against a serving Army officer without prior permission from the Centre. However, Naphade said the Centre’s permission was not required to file an FIR and it would be required only at the time of filing of charge-sheet.  Three civilians were killed on January 27 when the Army fired at a stone-pelting mob in Shopian village.

Indian Army is once again preparing to carry out comprehensive review of its officer cadre. It is presumed that it will be focussed on Officers as only recently in Sept 2017, Government approved Third Cadre Review for JCOs and Other Ranks, which will benefit 1.45 lakh personnel and will be implemented over next five years. Vacancies in lower ranks will be released in phased manner with 30% in 2018; 20% each in 2019, 2020 and 2021 and 10% in 2022 in each rank thereby distributing the benefit to more batches. The two previous comprehensive reviews were done in 1979 and 1984. This review would be expected to lay out a plan, which can remain relevant for at least a decade. Most importantly, it has to grapple with issues connected with parity of ranks and rising aspirations of younger generation of officers and all these in a milieu of turf battles, where other cadres are unlikely to yield even an inch.

In fact, it will be pragmatic to consider turf realities as a limiting term of reference as most previous studies have been based on ameliorating measures like ‘peel factor’ of AV Singh committee and lateral absorption, which have been non starters, thereby negating the entire exercise. The recent recommendation of Standing Committee of Parliament suggesting compulsory tenure of five years for all government servants in defence forces is an enhanced version of earlier recommendation. In 1996, Mr IK Gujral, PM had approved induction of all officers in CAPFs (loosely referred to as para military forces) through Army after an initial term of five years. However, one seasoned bureaucrat made an interesting remark in a follow-up meeting, “PMs at times get carried away, it is our job to insulate the system from such hasty measures”. The second direction of PM to immediately absorb retiring Generals in Public Sector Undertakings and Corporations had a marginally better response as one General was indeed inducted, however, he was known to have the right connections. This was despite PM’s clear sanction and very good power point presentation, a novelty those days.

The last structured and comprehensive cadre review for officers was done in 1984 yet it has been overtaken by the famous AV Singh Committee in 2001, consequent to Kargil Review Committee report with a mandate to reduce ages of Commanding Officers(COs). In its wake it has left a fractured officer cadre engaged in bitter litigation due to vitiated formulation of ‘Command Exit Model’, which has been seen by courts as twisting of simple mathematical formulation to generate additional vacancies for some Arms at cost of others. It is hoped that current exercise will endeavour to take care of dynamic realities like introduction of women service entry and also address the latent angst in logistics stream. It will also have to take into consideration large number of court directions and rulings, which have been mandated.

Before an agency and appropriate team is picked up for this onerous responsibility, it will be pertinent to consider a few in-house realities. The most important pre-requisite is to recognise that cadre management is indeed a ‘science’ and requires both comprehensive understanding and years of application. Unfortunately, senior officers take it as their natural perk to tinker with cadre to further parochial and regimental interests. Most cadre managers in ‘Olive Greens’, who accumulate experience with their multiple tenures in MS Branch (mandated for this function) are experts in handling only placement or postings, and have limited knowledge of nitty gritty of cadre management. Luckily, we have a Chief, who has done cadre planning in his MS Branch tenure and hopefully, he will put it to good use.

Even if correct agency and team is picked up, there has to be a commitment to accept the findings and apply its recommendations. One of the most important change in our officer cadre was two year enhancement in age of retirement yet we made a hash of this measure, basically because HDMC study for its implementation was junked as it had made some unpleasant recommendations specifically affecting decision makers. This was despite the fact that report was endorsed by IIM Ahmedabad and most importantly, it was a collegiate opinion reflecting aspirations of overwhelming majority of officer cadre as study had entailed extensive interaction, field visits and sample, whose composition and distribution was endorsed by IIM.

While such a study is a deliberate exercise and will take its own time, it is recommended that automation of cadre management functions like OMR based CR forms for appraisal, computerised placement system should be implemented to create a back bone for transparent and objective cadre management system. This can result in down sizing of MS Branch and relieve more than thirty very high profile officers from mundane clerical functions and gainfully employing them in field formations. In this, MS Branch should set an example for other HQs to emulate, like they say- charity begins at home. Another in-house measure recommended is to create a ‘win-win’ model to empower Jawans to become regimental officers as part of support cadre, which currently has no takers as Short Service entry remains unpopular. This requires a change in mind set and developing an ecosystem as part of HRD policies in Army.

Lt General K J Singh

Photo for representational purpose only. Thinkstock/Getty Images

Tribune News Service

New Delhi, March 23

An Indian Army paratrooper, Lance Sunil Naik, died in an accident while taking part in a training mission on Friday at Agra.His parachute did not open after he jumped out of a special operations plane on a training mission from an altitude of 6,000 feet.He reportedly died on the spot.

I’ll speak about Indian army.

1. Extreme competition. Indian army is a dog eat dog world. There’s competition for everything, be it for staff college, UN Postings, instructional assignments or for def attache postings. Sometimes, this heavy competition can get unhealthy.
2. One bad senior, one bad acr. Your career will be spoiled forever, unless you have a Regimental Godfather, or have served on the staff of a top officer and managed to impress him.
3. If you’re from OTA, you’ll be somwhat looked down upon by exNDAs and IMA DEs. It’ll not be in your face, but sublte. Very less in quantity, but yes, it’ll be there. “ Which academy”- “OTA” -”Oh”
4. Having said point 3, let me tell the aspirants, it doesn’t matter which academy you pass from. All officers, irrespective of the academics are same and legally, everyone has the same promotional chances. No one will be discriminated for promotion on the basis of entry.
5. Inter-regimental rivalry amongst the various Infantry regiments.
6. “Mandalisation of the Army” as col Ajai Shukla puts it. Here vacancies for higher ranks and staff college are based on the size of the arm. Basically a quota system. Infantry, being the largest and Artillery being the second largest are the biggest benefactors. Armour, engineers and signals are the losers.
7. Usage of outdated machinery.
8. Buttering for promotions. Merit matters, but per se not much if you can be an average worker and in the good books of your Seniors.
9. Some officers really misuse the sahayak system. Its a shame. Such misuse wasnt prevalent in my father’s time. But now…?
10. Sometimes, but very rarely, your wife’s activities in AWWA can have a say in your Acr. Some commanders take it personally, if your wife isn’t particularly active in battalion/formation welfare activities. (Actually, the commander’s wife takes your wife’s actions personally and will complain to her husband who’ll then hold it against you). This depends Commander to commander. You can get screwed if you get such a petty commander but such jokers are a rarity, not the norm.
11. The 2nd biggest dark side – separation from your family. I miss my parents and my GF. As a kid, I didn’t see much of my father. Being from the Infantry, he had frequent field postings.
12. Biggest Dark side- Everyone takes you for granted. People would rather miss sridevi than my course mates who were matyred. When sridevi died, almost everyone in my WhatsApp contact list gave out status updates/stories. When a coursemate of mine got matyred a year ago, very less people cared.
13. When I remember Kapil Kundu and Ummer Fayaz, i remember their brilliant future which vanished into thin air, thanks to our ineffective bungling netas. When I remember Cols Mahadik and MN Rai Sir, i remember their children, who’ll have to grow up without a father. I also remember a friend of my grandfather. ( grandfather was an officer too!) This friend, despite being a war casualty in 1965 had to fight with the IDAS babus for his disability benefits. Mostly, you get apathy from babus. Politicians will say their sweet words, but will forget them within seconds, for we are not a votebank.
14. I also remember this. In 2014, Matyr Capt Debashish Sharma’s home was robbed. Amongst various things stolen was Capt Sharma’s Kriti Chakra, the award for which he had paid his life. Guess what happened when his distressed old mother went to police station and requested them to trace the late matyr’s medal? The police, demanded a bribe. Yes, you read it right, the police demanded a bribe to trace a matyr’s medal. Such a shame.
15. When one is posted in the field, his family will be forever scared and anxious. Prayers will forever be in their lips. I have seen my mother, anxious, her prayer time would be considerably longer when father would be in field.
16. But despite these dark sides, I feel, army is the best career for a adventure seeking, ambitious youth who wants to do his bit for the country. Although the babus are trying to downgrade the aukaad of the fauzis, the izzat they command will never diminish. I would like to quote, “ What’s a better way to die, than fighting fearful odds, for the ashes of his father and temples of his God”.

New Delhi, March 9

The Congress today attacked the BJP for paying a much higher price for Rafale fighter jets than some other countries had paid around the same time India signed the major defence purchase deal in 2016.Citing the Dassault Aviation’s Annual Report, Congress leaders Ghulam Nabi Azad, Randeep Surjewala and former MoS Defence Jitender Singh said Dassault sold 48 jets to Qatar and Egypt in 2015 at the price of Rs 1,319 crore a jet and then 11 months later sold the same jet to India for Rs 1,670 crore a jet.“The price differential on every jet purchased by India is Rs 351 crore. Why did India pay an extra Rs 12,630 crore for 36 Rafale jets,” Leader of Opposition in Rajya Sabha Azad asked today.The Congress asked the government why it junked the deal signed by the UPA which had negotiated the price of one Rafale jet at Rs 526 crore in December 2012.The Congress further accused PM Narendra Modi of violating the mandatory “defence procurement procedure” by unilaterally announcing on April 10, 2015 the purchase of 36 Rafale jets. “Why were the requirements of price discovery through contract negotiation committee and price negotiation committees not followed?” asked Surjewala. The Congress also questioned Defence Minister Nirmala Sitharaman for citing emergency to purchase 36 jets off the shelf when none has been delivered even 35 months after the deal. — TNS

Defence Minister Nirmala Sitharaman. — File photo

New Delhi, March 5

Indian and Chinese troops have “redeployed” themselves away from the face-off site in Doklam, and China has undertaken construction of helipads, sentry posts and trenches for its army personnel there, Defence Minister Nirmala Sitharaman said on Monday.”Post disengagement from the face-off in 2017, troops of both sides have redeployed themselves away from their respective positions at the face-off site. The strength of both sides have been reduced,” she said replying to a question on the issue in Rajya Sabha.”In order to maintain these troops during the winter, People’s Liberation Army (PLA) has undertaken construction of some infrastructure, including sentry posts, trenches and helipads,” she said.Last week, junior Defence Minister Subhash Bhamre had said the situation along India’s border with China is “sensitive” and it has the potential to escalate.Sitharaman’s reply today came in response to a question on whether satellite images have revealed that China has constructed seven helipads in Doklam besides deploying tanks and missiles in the area.On whether India has taken up the matter with China, she said issues relating to the border are regularly taken up with the Chinese side through diplomatic channels and at Border Personnel Meetings, flag meetings and meetings of Working Mechanism for Consultation and Coordination on India-China Border Affairs.Troops of India and China were locked in a 73-day standoff in Doklam from June 16 last year after the Indian side stopped the building of a road in the disputed area by the Chinese Army. The face-off ended on August 28.Sources said China has been keeping its troops in north Doklam and significantly ramping up its infrastructure in the disputed area.In January, Army Chief Gen Bipin Rawat had said the time had come for India to shift its focus from borders with Pakistan to the frontier with China, indicating the seriousness of the situation.To a separate question on a Pentagon report which said China was setting up a military base in Pakistan, Bhamre said the government keeps a constant watch on developments having a bearing on India’s security and takes measures to safeguard it.”Government is aware of China’s stated objective of becoming a ‘maritime power’. As part of this strategy, China is developing ports and other infrastructure facilities in the littoral countries in the Indian Ocean Region, including in the vicinity of India’s maritime boundary,” he said.He said India and China have, on several occasions, reiterated that as large neighbours following independent foreign policies, the relationship pursued by the two nations with other countries must not become a source of concern for each other. — PTI

Pakistan’s vulnerability to US­led sanctions is apparent from its struggle to stave off a default
Debt-ridden Pakistan is very vulnerable to Western sanctions, yet it is unclear whether US President Donald Trump’s administration is willing to squeeze it financially in a way that could help reform its behaviour. Washington also seems reluctant to strip Pakistan of its status as a Major Non-NATO Ally (MNNA) or target its military for creating transnational terrorists.

The main driver of Pakistan’s nexus with terrorists is its powerful military, whose generals hold decisive power and dictate terms to a largely helpless government. With the military’s rogue Inter-Services Intelligence (ISI) rearing terrorists, Pakistan has long played a double game, pretending to be America’s ally while aiding its most deadly foes that have killed or maimed thousands of US soldiers in Afghanistan. Pakistani forces only target terrorists that fall out of line or threaten Pakistan itself.

The recent media attention on the multilateral Financial Action Task Force’s planned action against Pakistan obscured that country’s success in preserving its status for another two years under the European Union’s preferential trading (GSP+) programme. Pakistan is the number one beneficiary of the GSP+ programme, which grants Pakistani exporters, especially of textiles, tariff-free access to the EU market in exchange for the country improving its human rights and governance. In effect, GSP+ rewards a sponsor of terror whose human-rights record has only worsened.

Trump’s suspension of most military aid to Pakistan is unlikely by itself to force a change in the behaviour of a country that counts China and Saudi Arabia as its benefactors. Only escalating American pressure through graduated sanctions can make Pakistan alter its cost-benefit calculation in propping up militant groups that have helped turn Afghanistan into a virtually failed state, where the US is stuck in the longest and most expensive war in its history. The US failure to take the war into Pakistan’s territory has resulted in even Kabul coming under siege.

Yet, swayed by geopolitical considerations, the US has long been reluctant to hold the Pakistani generals accountable for the American blood on their hands. Indeed, Washington for years funded the Pakistani military and turned Pakistan into one of its largest aid recipients.

Even when the US, after a 10-year hunt, found Osama bin Laden holed up in a compound next to Pakistan’s main military academy, it did not abandon its carrots-only strategy. Such an approach has only helped the military tighten its grip on Pakistan, thwarting any movement toward a genuine democratic transition.

Worse still, the US has dissuaded India from imposing any sanctions on Pakistan. If anything, India has been pressured to stay engaged with Pakistan, which explains the secret meetings the national security adviser has had with his Pakistani counterpart in Bangkok and elsewhere. The recent launch, with US backing, of the Turkmenistan-Afghanistan-Pakistan-India (TAPI) gas pipeline project illustrates why it is difficult for India to impose even diplomatic sanctions on Pakistan.

To be sure, the Trump administration is searching for a new strategy on Pakistan. Yet it is an open question whether it will go beyond the security aid suspension, which excludes economic assistance and military training. Aid suspension in the past has failed to change Pakistan’s behaviour.

With Washington loath to label Pakistan a state sponsor of terrorism, it must at least strip that country of its MNNA status, an action that will end its preferential access to US weapons and technologies and deny it the financial and diplomatic benefits associated with that designation.

To force Pakistani generals to cut their nexus with terrorists, American sanctions should target some of them, including debarring them and their family members from the US and freezing their assets. Among the half a million Pakistanis living in the US are the sons and daughters of many senior Pakistani military officers.

Pakistan’s vulnerability to potential US-led sanctions is apparent from its ongoing struggle to stave off a default. Despite China’s strategic penetration of Pakistan, the United States is still the biggest importer of Pakistani goods and services.

US financial and trade sanctions extending to multilateral lending, as well as suspension of military spare parts, can force Pakistan to clean up its act.
To end Pakistan’s double game on terrorism, Washington will have to halt its own double game of rewarding or subsidising a country that, in Trump’s own words, has given the United States “nothing but lies and deceit”. To address a self-made problem, it is high time for US policymakers to put their money where their mouths are.

Satya Prakash

Tribune News Service

New Delhi, March 13

The Supreme Court  today extended the March 31 deadline for mandatory linking of Aadhaar with bank accounts, mobile phone numbers and various services/welfare schemes till its Constitution Bench delivered its verdict on the validity of the Aadhaar Act and the 12-digit unique biometric identification number.The top court had on December 15, 2017, extended the deadline for linking of Aadhaar with mobile phones and opening of new bank accounts to March 31. The deadline is also applicable to Central and state government schemes.(Follow The Tribune on Facebook; and Twitter @thetribunechd)On Tuesday, the Bench also ordered that the government cannot insist on production of Aadhaar number for issuance of passports under the Tatkal scheme.The five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra, is hearing petitions challenging the constitutional validity of the Aadhaar Act. Last week, it indicated that it would extend the deadline in view of confusion in banks and financial market at the end of the financial year.The Centre, too, had said it was ready to extend the March 31 deadline but wanted the court to wait further. Last week, the top court had ordered the Central Board of Secondary Education (CBSE) not to make Aadhaar mandatory for enrolment of students appearing in NEET 2018 and other all-India examinations. 

Adviser to Delhi CM quitsNew Delhi: VK Jain, Adviser to Delhi Chief Minister Arvind Kejriwal, has resigned citing personal reasons and family commitments. The move came days after he was questioned by the police in connection with the alleged assault on Chief Secretary Anshu Prakash. Jain was present when the alleged incident took place. PTI