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Summary Court Martial exception, not rule: SC

Summary Court Martial exception, not rule: SC

Vijay Mohan

Tribune News Service

Chandigarh, March 4

The Supreme Court has dismissed a plea filed by the Army seeking review of the apex court’s earlier ruling wherein it had held that a Summary Court Martial (SCM) must be held only rarely and in exceptional circumstances, with reasons recorded in writing.In one of its most important rulings on military law, the SC had declared in July 2016 that the Army’s system of convening Summary Court Martials was an exceptional provision and not the rule. The SC had upheld the view of the Delhi High Court that the SCM is an exception and before conducting it, the immediacy of action must be shown with recorded reasons.(Follow The Tribune on Facebook; and Twitter @thetribunechd)There are four types of courts martial in the Army and the SCM accounts for the highest number amongst them. Convened and held by the commanding officer of a unit, these one-man courts used extensively for enforcing discipline and can award any punishment, including dismissal from service, but not the death sentence or imprisonment beyond a period of an year.The HC had held that the origin of the SCM could be traced back to the 1857 mutiny for “prompt and swift award of punishment to indisciplined sepoy malefactors.” It had held that the SCM was meant for extraordinary situations and routine recourse would result in taking away “livelihood without affording normal procedural protections of law.”The SC had also endorsed the view of a Committee of Experts constituted by the Defence Minister to look into the litigation. The committee had opined that the SCM was an exceptional provision not meant for regular recourse and it was desirable to replace it with a more robust system meeting constitutional norms.The panel had observed that there was not even a concept of a “judgment or detailed reasons” in the SCM which did not meet the basic fundamentals of a trial or objectivity as laid down by the International Covenant of Civil and Political Rights and there was no availability of even a legally trained Judge Advocate to advise the officer conducting the trial.


Age no bar for 81-yr-old retd Air Vice Marshal

Age no bar for 81-yr-old retd Air Vice Marshal
AVM Ajit Lamba (retd) can’t keep hands off aircraft given a chance

Bengaluru, March 2

“There are old pilots and bold pilots, but no old-bold pilots.” Try telling this to 81-year-old Air Vice Marshal Ajit Lamba (retd) and he’ll laugh in your face.“At the moment I am not flying very regularly because of non-availability of aircraft. I have been flying off and on any time I can get hold of an aircraft,” Lamba said on the sidelines of the just-concluded Aero India defence exposition, where he made quite a splash when, dressed in blue overalls, he flew an indigenous Hansa single-engined trainer aircraft, swankily painted in grey and blue.Having flown in some seven to eight editions of Aero India, Lamba had to keep away from the last couple of editions as the Hansa was grounded — and almost didn’t make it this time around too.“Now, at my age, I can only fly these small airplanes. I have been doing that whenever there has been an opportunity. My principle has been, I don’t want to pay for flying to flying clubs. I don’t mind not getting paid,” he said with a wicked smile. He once owned his own flying machine — a Pegasus microlight gifted to him by his wife on his 70th birthday. However, he had to sell it off because of lack of parking space.“I used to fly it regularly. I kept it at the HAL airport in one of the defence hangers. But unfortunately it was getting filled up with their own equipment and one day I was told to vacate. I had to dispose it of because there was no other place in Bangalore. I had to sell it to a colleague of mine,” Lamba rued.Apart from the Aero India, he has also flown Hansa at the Australia International Airshow in Melbourne. His fitness routine involves a lot of walking, occasional visits to the gymnasium, golf and squash. — IANS


Vajra Corps celebrates 68th Raising Day

Tribune News Service

Jalandhar, March 1

The Vajra Corps celebrated its 68th Raising Day today.To mark the occasion Lt-Gen BS Sahrawat, General Officer Commanding, Vajra Corps, laid a wreath and paid homage to martyrs of the Vajra Corps at the Vajra Shaurya Sthal. The ceremony were attended by serving and veteran officers.Vajra Corps was the first Corps raised in the country after the Independence in 1950 by Lt-Gen Kulwant Singh in Ambala.The Vajra Corps Headquarters was relocated to Jalandhar in 1951 and it proved its mettle on the strategic Western Front in various wars and achieved its objectives with elan and vigour.The Corps witnessed some of the fiercest battles in the history during the 1965 War. From the graveyard of Patton Nagar to the ruins of Barki and Dograi, numerous acts of individual and collective bravery, gallant sacrifices and inspiring leadership ensured that Vajra Corps played a pivotal role in shaping the history of the nation.The Vajra Corps is bestowed with the ‘Theatre Honour of Punjab’ and ‘Battle Honours of Sehjra’ and ‘Dera Baba Nanak’ and is proudly identified as the ‘Defenders of Punjab’.


Ex-sahayak kills retired Colonel’s wife, mother

HIGHLIGHTS

  • Ex-sahayak, aide arrested for murder of retired Colonel
  • Burglary suspected as motive behind crime
  • Another suspect on the run

NAINITAL/DEHRADUN: It was a double murder that shook the laidback town of Haldwani near Nainital. The wife and mother of Colonel DL Sah — who had retired from the Army barely a few months ago in December last year — were found brutally murdered at their home on February 22.

Four days later, on Sunday, police claimed to have cracked the case by arresting two men — one of whom has turned out to be the Colonel’s former sahayak (batman). “Three accused have been identified and we have arrested two of them — Mahendra Goswami, former batman of the retired colonel and Akhtar Ali, a carpenter who was working in the house,” said Janmejay Khanduri, SSP of Nainital district. Another man is on the run.

Khanduri said the trio broke in the house around 11.30pm and were challenged by the officer’s wife and mother. “The accused killed both of them and stole 150g of gold and silver items beside Rs 25,000 cash,” Khanduri said. “They are believed to have been in the house till 4 in the morning. We have recovered the cash and the silver items from them,” Khanduri said.When the incident happened, Sah was away at Haridwar. His son and daughter-in-law are also in the defence forces and were not home at that time. Sources said that Goswami had served as Sah’s sahayak in the Mahar regiment and was still in the Army. “On preliminary interrogation, Goswami has revealed that when Sah retired, he, too, took leave from the Army for two months and used to come to Sah’s home and help him with odd jobs. He had become like a trusted family member,” said Yashwant Singh Chauhan, assistant superintendent of police, Haldwani.

 The involvement of the sahayak in the brutal murder has left many in the defence fraternity in Uttarakhand aghast. “The bond between an officer and his sahayak is a close-knit one. That is why, it is shocking to learn that such a heinous crime has been committed by an Armyman either due to greed or revenge,” said Dehradun-based Lt Gen (rtd) RS Pradhan.The incident also seems to have revived the continuing debate about the sahayak system wherein orderlies are often asked to do menial jobs by officers’ families.

(Inputs by Yogesh Kumar & Yeshika Budhwar


Maintenance to estranged wives: Lt Col moves HC

Tribune News Service

Chandigarh, February 26

A Lieutenant Colonel in the Army has moved the Punjab and Haryana High Court alleging failure on the part of bureaucrats in the Ministry of Defence to implement orders of the Defence Minister to rationalise the system of granting maintenance allowance to estranged wives of serving personnel.Stating that he had been issued orders to give maintenance allowance to his wife through a non-speaking order, the officer has contended that despite the lapse of six months, MoD officials had failed to give effect to directions of the Defence Minister, thereby, not only jeopardising his rights and property but also undermining the authority of the highest political executive.Under provisions of the Army Act, penal deductions from salaries can be made for paying maintenance to wives if they apply for the same. The officer has averred that the stipulation was not repealed even after inception of maintenance provisions in the Hindu Marriage Act, since the pay and allowances of defence personnel were immune from attachment by courts, thereby, necessitating an enabling provision to give effect to maintenance orders by civil courts.


Army chief calls for united action to curb stone-pelting

SRINAGAR: Army chief General Bipin Rawat on Friday called for coordinated efforts by security forces to effectively deal with the problem of stone-pelting by civilians during counter-insurgency operations in Kashmir.

PTI PHOTOArmy chief General Bipin Rawat paying tribute to Lance Naik Ghulam Mohiuddin Rather in Srinagar on Friday.

The army chief discussed the issue with army officers during security review meetings at headquarters of counter-insurgency units— Kilo Force and Victor Force in Srinagar, an official said.

“Reinforcing the need to maintain high vigil, the army chief discussed the issue of stone-pelting during operations and impressed upon all to synergise efforts with the other security agencies in dealing with such situations effectively,” the official said.

Rawat, who arrived in Srinagar on Thursday, was briefed on the prevailing security situation and recent operations conducted by the security forces.

He also reviewed the collaborative measures of security forces towards ensuring peace in the region.

TRIBUTE TO MARTYRS

Rawat, accompanied by Northern Command chief Lt General D Anbu and Chinar Corps Commander Lt Gen JS Sandhu, paid tributes to the three soldiers killed in a militant attack in Shopian on Thursday.

He laid floral wreaths on the coffins carrying the mortal remains of the three soldiers —Lance Naik Ghulam Mohiuddin Rather, Sapper Sreejith MJ and Sepoy Vikas Singh .

“As the entire nation salutes the martyrs who made the supreme sacrifice in yesterday’s terrorist attack in Shopian, the army gave a befitting farewell to its brave hearts today in a solemn ceremony here,” an army spokesperson said.

The army chief also expressed anguish over the death of an elderly woman, Taja Begum, in the attack.

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Army man nabs robber, hands him over to cops

Tribune News Service

Chandigarh, February 22

A day after an Army man was robbed of his trolley bag and cash at Ram Darbar, the complainant himself traced the accused and handed him over to the police. Complainant Shewale Sandip, a sepoy in the Indian Army, who is a native of Maharastra had reached Chandigarh on February 20. At around 9.30 pm, while he was going to the transit camp at Hallo Majra, two boys had stopped him and robbed him of his luggage containing his uniform and other belongings. The victim had chased the accused and saw them entering a house in Hallo Majra. Sources said the victim then returned and went to Zirakpur. The very next day, the victim again reached Hallo Majra and started looking for the accused. The victim saw one of the boys near the same house and nabbed him. The police was informed about the incident and the accused was handed over to the police. The matter is under investigation at the Sector 31 police station. The police said an investigation had been initiated. “We are investigating whether the accused is the same who had robbed the victim”, said a police official.


Siachen braveheart: Will sweep the floor, but give me a job, pleads Hanumanthappa’s wife

Photo published for Siachen braveheart: Will sweep the floor, but give me a job, pleads Hanumanthappa's wife

Siachen braveheart Hanumanthappa Koppad’s wife is pleading for a job so she can live a dignified life. Will those in authority wake up, wonders Anusha Ravi.”I will sweep the floor if I have to, but give me a job so that I can lead a life of dignity,” these are very painful words coming from the widow of a soldier who was called the Siachen braveheart. Life has not been easy for Mahadevi Koppad since her husband and Siachen braveheart Hanumanthappa Koppad passed away in 2016. The last one year has been a tumultuous one for the single mother whose eyes tear up each time her three-year-old little girl points to Hanumanthappa’s photographs and says Appa.

“It is not easy being a single mother. She misses her father and I can only try to give her all the love that she would have received had he been alive. I want her to join the army like her father did. I will tell her stories of soldiers, their sacrifice and their bravery to inspire her,” Mahadevi said in this exclusive conversation with OneIndia. [Hanumanthappa wife breaks silence on anti-national activities: Know what she said] There were one too many politicians, bureaucrats and representatives who came to offer condolences when Hanumanthappa passed away. Many promises were made, some were fulfilled while others are yet to see the light of day. The Karnataka government has given the family cash and land as promised but that hasn’t ensured the dignity of life for Mahadevi. [Hanumanthappa Koppad, a hero forgotten?]

The young single mother pleads for a job so she can live a dignified life. “I want a job to take care of myself and my child. I have not asked for anything specific, I will sweep the floor if I have to, but give me a job is all I ask. Authorities call me now and then and say that I will surely be given a job but for a year I have waited in vain. I am tired. I can’t keep pleading with the government for a job. Give me the option of living my life in dignity,” she said evidently disgusted with the system that denied the widow of a brave soldier the option of being independent. [Lance Naik Hanumanthappa: Daring soldier to the core] For a year now, the martyr’s wife has seen material for the memorial that was promised being dumped in her village but it is far from completion.

The memorial was planned near the village panchayat office. The chief minister’s office claims that funds have been released for the memorial and material required have been purchased but what then stops authorities from beginning the construction? A lack of will, it seems. While the Karnataka government needs to be appreciated for sanctioning the land and cash for the martyr’s family, denying job for his wife is truly unfortunate. Many from the government now claim that the responsibility of giving her a job falls on the centre government. They are pointing fingers at the director general of resettlement while it was, in fact, Karnataka Chief Minister Siddaramaiah who had announced a job for a family member. IPL 2017: Ben Stokes awestruck after ‘life-changing’ jackpot at auction Sri Lanka’s Niroshan Dickwella banned after T20 dissent Bangladesh recall Mustafizur Rahman for Sri Lanka test series Featured Posts We asked Koppad what she had to say about this blame game, her answer should knock the conscience of this nation and its people. “They are political parties at the end of the day and blame game comes naturally to them. If a soldier says the same? What will you do? If a soldier plays the blame game, can this country sleep peacefully? If a soldier works for a state and not a nation, where will the government go? The blame game is not the answer, playing with our lives is not the answer,” she said slamming all those trying to shirk away from responsibilities and promises made. “I have God on my side.

I believe that my husband is alive and is with me each minute. I have undergone many troubles this past year and I shall survive this too. Most of my troubles are personal but being independent will put an end to it. If nothing, a job will help keep my mind occupied and give me peace’, she said. Hanumantappa lay his life down for this country and his wife and daughter are struggling for a dignified life. The big words and the deep condolences are of little use if a martyr’s wife has to plead for what is rightfully hers. It is time for those in authority to wake up.