PETITION.
No PG / 05/2017 Dated 21 Nov 2017.
To,
The Council of States,
Rajya Sabha, Secretariat. (Petitioning Sabha)
New Delhi Pin 110 001.
ARTICLE 51A – FUNDAMENTAL DUTIES NOT INCLUDED IN DEFENCE SERVICES RERULATIONS (DSR) & CHAPTER X CORRUPTED TO ILLAGALLY FORCE POSTAL BALLOT ON SOLDIERS ON MILITARY DUTY IN INDIA INCLUDING J&K.
Sir,
I, the petitioner Brigadier Hardip Singh Ghuman, Shaurya Chakra Retd, resident of # 1043 Sector 71, SAS Nagar, Punjab Pin 160071 (Tele – 0172- 2224636); President AIVCG, an apolitical & secular NGO; strive for excellence in all spheres of individual / collective activities, so that the Nation constantly rises to higher level of endeavour & achievement Article – 51A (Encl-1); omitted from DSR, despite request to RM, ignored.
Sheweth
1. India is a sovereign, secular, democratic republic of India. Apolitical & Secular Armed Forces (AFs) under oath of allegiance to the Constitution of India, responsible for protecting sovereignty & integrity of India, at any cost, placed at strategic places throughout India, as also to protect Law & Order; a State Subject – Article 35A, for which State Govt. compensates wages for that duration – ignorant of Fundamental Duties / RP Act since DSR Chapter X corrupted (Encl-2) – ‘a service voter is a voter with service qualification’ when ‘service qualification’ ceases on posting back to India.
2. AFs posted in India, submit wrong declaration – Form No 3 for Postal Ballot; not objected by single service EC / MoD since it suits convenience of Politicians. AFs not granted NFU/OROP despite shortage of Officers – not in best National Interest.
3. Govt. constituted KSB & RSB at each State, to settle grievances of AFs & Veterans since Welfare of AFs on concurrent list, who failed to take note of: –
(a) Soldiers not enumerated at Duty Station, where subjected to all local taxes, when taxation without representation is tyranny & only those listed in Rolls have right to vote. Soldiers cannot leave Duty Station on holidays/festival days, known to PM / RM but not enumerated at Duty Station by single service EC, hence denied equal democratic right, to elect best Qualified, Secular Candidate, instead registered at hometown, overlooking chances of promoting regionalism in AFs, ignoring Article 51A – omitted from DSR.
(b) After ‘Blue Star Operations in Punjab’, Soldiers illegally taxed upto 1994, till objected by Secy. RSB since not enumerated at Duty Station, when taxation without representation is tyranny.
(c) Law & Order, a State Govt. subject & AFs deployed to maintain Law & Order, when State Govt. fails Article 35A; have same electoral right applicable to State Govt. Employs’. The J&K problem would have been resolved long back, if EC / MoD had impartially implemented RP Act / Rules / SC rulings & not corrupted Chapter X of DSR. BJP won 2014 elections based on apolitical & secular votes of AFs, except FM.
(d) Previous RM/FM introduced E-voting, without clarifying E-voting is applicable to those posted abroad. EC & MoD also failed to clarify the same. Consequently Soldiers posted in Gujarat & HP again not enumerated at duty Station. MoD failed to evolve foolproof registration system for Soldiers at Duty Station after 2014 elections who are paid best wages possibly for bending law of the land suiting convenience of Politicians.
(e) Right to be registered in Electoral Rolls is applicable to ‘ordinarily ordinarily’. DSR Chapter X if not corrupted (Encl-2), J&K problem would have been resolved long back.
(f) Apolitical War Veterans brought the above anomaly to the notice of 3 Chiefs during 2004 (Gen VK Singh), without any outcome since DSR is corrupted. Due to selfless efforts of MP Rajeev Chandrasekhar to uphold election law; Soldiers voted at Duty Station – 2014 elections for the 1st time (Encl 3)
(g) 2017 EC again registered Soldiers posted in India & abroad, at their home town, with chances of promoting regionalism, overlooking 2014 elections. Service Qualification ceases on posting back to India, illegally forced on Soldiers posted in India / J&K where they sacrifice life maintaining Law & Order a State Subject including J&K.
4. RM requested to amend DSR in line with SC rulings of 1971 & 2013 ignored due to which Solders on Military Duty in Gujarat & HP again registered at hometown. Need exists to create Multi Service EC & MoD in best National Interest.
5 Physical Fitness Officers. Minimum fitness standard mandatory for AFs Officers for which Officer Ration rations sanctioned at peace stations in best interest of ‘Combat Fitness’; withdrawn by RM/FM without fear of Electoral Loss, since E-postal Ballot illegally introduced for those posted in India/abroad, without objection from EC / 3 Chiefs, at the cost of risking National Sovereignty / Integration overlooking Article 51A.
6. Law & Order a State Subject, but J&K Govt. took no notice of ‘Stone Pelting on Soldiers on Military Duty’ amounting to assault on sovereignty of our Nation, who protect State Govt. / Public Property when Civil Administration fails. If need be President Rule imposed & the State Police takes orders from AFs under AFSPA to prevent violence. Army Law permits trial of Civilians by Court Martial since Stone Pelting on Soldiers on Military Duty amounts to offence against ‘sovereignty of our Nation’ ignored.
7. Meaning of Service Qualification. Naga Land – 1967 elections; 12 Assam Rifles under command Army, voted at Duty Station, to block entry of un-desirable elements – upheld by SC, AIR 1971 SC 2123. Based on corrupted Chapter X of DSR; AG issued SAO 16/S/72 that AFs entitled to vote through Postal Ballot, not objected by MoD / EC suiting convenience of Politicians. SC ruled, ‘service qualification’ cannot takeaway right to be registered at place of posting, if residing there ignored.
8. Prayer. Lord Krishna said ‘if you are right don’t give-up’. No Nation can afford to have its Officers lacking physical fitness. Rations to Officers posted in Peace Stations, may please be restored without further delay in National Interest.
9. Chapter X of DSR may please be amended in line with SC ruling of 1971 & 2013 i.e. right to be registered at place of posting cannot be taken away including J&K and Article 51A Fundamental Duties be added as a new Chapter.
10. Multi Service EC consisting of AFs, IPS & IAS may be constituted since single service EC failed, not objected by single service MoD even after 2014. Foolproof registration system at duty station may be evolved & Regimental Centers be directed to register only those posted abroad for E-postal Ballot & Service Officers posted to MoD.
11. Commission may be constituted for AFs / Veterans in place of KSB / RSB & Stone Pelting on Soldiers on ‘Military Duty’ – an offence against Sovereignty of our Nation; may be tried under Military Law in best National Interest to settle J&K problem.
12. OROP & NFU may be settled since there is huge deficiency of Officer who function on more than one post.
Yours faithfully,
Brig HS Ghuman, SC, War Veteran.
President AICVG NGO Registered.
Copy to:-
RM, MP Prem Singh Chandumajra, MLA Balbir Sing. Secy.RSB Punjab & KSB, Col of PROA & MROA, GOC-in-C West Comd. IEXSL & IEXSM.