LEGAL REPRIEVE Activists say the Apex court’s judgment will ensure those who violate rights or indulge in extra-judicial killings will not go unpunished

The ruling will ensure that those who violate rights or indulge in extra-judicial killings will not go unpunished. A blanket AFSPA on the people of Manipur is in itself a violation of the Constitution… BEENALAXMI NEPRAM, Rights activist This won’t make my son come back to life. But an honest probe should save other fathers in Manipur the trauma of losing their sons to bullets TOKPAM SAMARENDRA, whose son was allegedly killed by personnel of Assam Rifles

GUWAHATI: Tokpam Samarendra waited almost 16 years for justice. He didn’t get it on July 8 when the Supreme Court said the armed forces cannot use excessive or retaliatory force even in areas where the controversial Armed Forces (Special Powers) Act is in force.

But the 72-year-old man from Manipur saw a ray of hope when the top court sought an independent inquiry into 1,528 cases of extra-judicial killings between May 1979 and May 2012 in his home state. His son, Shantikumar, is on that list. “This won’t make my son come back to life. But an honest probe should save other fathers in Manipur the trauma of losing their sons to bullets,” Samarendra said.

His 19-year-old son was among 10 people that Assam Rifles personnel, reacting to a bomb blast, had allegedly gunned down at Malom near the Manipur capital Imphal on November 2, 2000.

The incident made Irom Sharmila, then 28, go on an indefinite fast against the “draconian” AFSPA, which gives security forces extra-judicial powers during anti-insurgency operations.

Manipur had seen massacres by armed forces before Malom. In March 1984, CRPF personnel gunned down 13 people, including a 10-year-old girl, watching a volleyball match at Heirangoithong on the outskirts of Imphal.

The CRPF men, a probe panel said later, had reacted after a group of Manipuri militants snatched the rifles of nine constables standing guard near the volleyball court and shot the tenth before melting away.

Operation Bluebird followed three years later at Oinam, a Naga village 95km north of Imphal.

An Amnesty International report said the armed forces tortured the villagers from July to October 1978 after National Socialist Council of Nagaland rebels attacked an Assam Rifles outpost, killed nine soldiers and took away their arms and ammunition.

That period of “punishment” for helping rebels claimed 27 lives, though the official count is 15.

Such incidents of mass killings stirred human rights campaigners into action. Sharmila’s silent protest put the focus on the Armed Forces (Special Powers) Act and how it gives the security forces the “licence to kill”.

Sharmila, who has vowed to end her fast only if the Armed Forces (Special Powers) Act is repealed, has been going through a release-and-re-arrest routine and is nose-fed at a government hospital ward, which has been converted into a jail for her.

Imphal-based Human Rights Alert Manipur (HRAM) and Extrajudicial Execution Victim Families Association, Manipur (EEVFAM), which petitioned the top court on the 1,528 cases, say people are often picked up at random and killed in “encounters” — a name given to shootouts with militants, real or staged.

The association’s president, 33-yearold Renu Takhellambam, lost her husband Monghangjao in one such “encounter” on April 6, 2007. “The Supreme Court’s observation in connection with our cases is welcome, but justice still eludes us,” she said.

Babloo Loitongbam, executive director of HRAM, termed the court’s view a small step forward in a long legal battle.

“We have been demanding a special investigation team to probe the 1,528 cases, but we are not clear what this probe (as sought by SC) means,” he said.

The court, said rights activist Beenalaxmi Nepram, has reaffirmed people’s faith in the justice system. “The ruling will ensure that those who violate rights or indulge in extra-judicial killings will not go unpunished. A blanket AFSPA on the people of Manipur is in itself a violation of the Constitution. We will keep fighting for its repeal from the entire country,” she said.

But army and paramilitary officers say they never use excessive force, pointing out that Manipur Police commandos – without the Armed Forces (Special Powers) Act shield – are accused in many of the 1,528 cases. An instance is that of Hijam Sanjoy, 26, who the commandos had killed in an “encounter” on June 28, 2008.

“Full removal of Armed Forces (Special Powers) Act is not desirable. But every state should review the situation and remove it from areas where it is not needed.

Tripura decided to lift AFSPA last year while the army does not operate in certain cities of Assam. Manipur too made the Imphal area AFSPAfree, but states troubled by terrorism want the act to stay,” Guwahati-based Ranjit Barthakur, retired brigadier, said.

In 2005, the Justice Jeevan Reddy panel recommended repealing Armed Forces (Special Powers) Act and incorporation of its provisions into the Unlawful Activities Prevention Act.Manipur’s AFSPA-phobia does not necessarily translate into hostility towards the army or paramilitary forces. But reining in the armed forces and probing the extra-judicial killings, many feel, would go a long way in delivering justice to a scarred state.

Anil Chowdhry
It suits the political masters to keep the police under their tutelage and often misuse it to sub-serve their vested interests. The ordinary citizen is the sufferer.

BYSTANDERS: The ineffective role of the police during the Jat agitation in Haryana was manifestation of the breakdown of a healthy relationship between the political and police leadership. PTI

Safety and security of citizen’s lives and properties, and maintenance of law and order, the basis of police forces the world over, has unfortunately taken a back seat in India. It lies deeply buried in our colonial past and unwillingness of the political and bureaucratic leadership of free India to make the police a service to its citizens, as agents of the law.There are clear and repeated indications that law and order is being allowed to be breached and criminal depredations continue with impunity in some parts of our country. Rioting by a cult mob in Mathura — which took a toll of 29 lives, including two police bravehearts — and the mayhem witnessed for almost 10 days earlier this year in large parts of Haryana are pointers to the dark alleys through which law and order in our country is traversing.The  focus of policing created by British rulers vide the Indian Police Act of 1861, coming in the wake of the 1857 uprising, was unsurprisingly to defend their newly imposed (1858) sovereignty against public unrest. The British encouraged Indian police officers to create rutba, a Persian term denoting aura of power, which helped in maintenance of peace. This rutba naturally began diminishing after Independence and has almost disappeared now. Post Independence, it suits our political masters to keep the police under their tutelage and often misuse it to sub-serve their vested interests. The ordinary citizen consequently is the sufferer. But who cares.The Prakash Singh Committee Report pointing to the total collapse of policing and mobs being allowed to indulge in wanton looting and arson in Haryana are indeed shocking. Dereliction of duty and even connivance of certain police officers with the rioters brought out by the report are areas of serious concern and deserve to be taken note of by the highest levels in the government. But will such incidents arouse public ire to the extent of forcing the political masters to put policing in our country back on the rails?The report has generated considerable debate within the police fraternity. Questions are being asked as to how did our policing sink to such depths? Why are police leaders not able to stand up to their political masters politely but firmly? They just have to convey the message that there shall be zero tolerance to those taking the law into their hands. The government too must respond by demonstrating that in the police hierarchy only merit and integrity, and not political loyalty, shall count. But will this happen is another moot point?That the police forces need to be reformed is universally acknowledged but they till this day continue to function by and large under the same archaic law of 1861.Even the directions of the apex court have not been acted upon by most state governments. Debates on the need to reform the police continue. But we are nowhere near the complete overhaul that the policing system requires.Who will do the clean-up? Most of my former colleagues, and many still in service, have become cynical, and throw up their hands in despair.We have faltered in ensuring delivery of police services to our law-abiding citizens. The strength of our civil police has failed to keep pace with the rapid rise in our population. On the other hand, our limited resources have been spent on mindless proliferation of paramilitary police, both Central and state. Manpower of our thanas and police outposts, which are charged with the basic responsibility of prevention and detection of crime and maintenance of peace in their jurisdiction, is totally inadequate. Our citizen-to-policeman ratio as compared to even other developing countries is poor.Multi-tiered recruitments at the level of constables, head constables, sub-inspectors, DSPs and IPS is another fault-line in Indian policing where correction is long overdue. Add to this the poor pay and working conditions of the subordinate police officers who are the cutting edge of our policing and the level at which maximum interaction with citizens takes place.The quality of policemen thus appears appalling, particularly to the higher-income citizens who frequently travel abroad and compare their local beat constable with the London Bobby. Little do they realise that in the wake of a strike by policemen in 1980 and based on the recommendations of a commission on police reforms, the police is the highest paid civil service in the UK and recruitment is only at one level—as constables.The communication between the higher ranks in the Indian police and their subordinates, which was earlier meticulously kept alive via thana inspections, weekly  parades in the police lines, visits to living quarters of the constabulary and orderly rooms by district police chiefs, have all broken down under the weight of heavy day-to-day pressures from political masters. Field police officers are being kept occupied in unwarranted meetings and VIP security duties. All this has cost policing benefits to the average citizens dearly and created a severe trust deficit between the police and the people.The writer is former Secretary (Internal Security), Ministry of Home Affairs.

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Chennai: A major scam involving the loss of several crores of rupees over nine years through the misuse of smartcards for purchase of subsidised goods, mainly groceries and liquor, from military canteens in Chennai, Bengaluru and Kadapa has been unearthed, top military sources said.

On July 2, 2015, documents available with TOI show, the Chennai military station commander in a complaint to police commissioner S George said grocery items and liquor, meant for defence personnel, were procured from military canteens illegally and sold in the local market with the help of touts.

It named the civilian touts, Army staff, canteen operators and executives of Noida-based Smart Chip Pvt Ltd (CIMS), the authorised firm for issue of smartcards for use in military canteens, as beneficiaries of the scam.

The complaint was then forwarded for further inquiry to the Central Crime Branch (CCB) of the Chennai police. On July 23, the CCB police registered a First Information Report in the scam, estimating the loss to the Army at ’60 crore but the actual loss could be much higher, the sources said. The charge that the city police were dragging their feet on the issue and hinted that the case may be handed over to the Central Bureau of Investigation.

Since 2006-07, executives from CIMS head office and its Chennai branch with connivance of military canteen staff collected thousands of old cards in Chennai, Bengaluru and Kadapa in Andhra Pradesh and reactivated them for fradulent use, top military brass said.

New Delhi: In a bonanza for over 1 crore government employees and pensioners, the Cabinet on Wednesday approved implementation of the 7th Pay Commission, which had recommended an overall hike of 23.5 percent.

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The decision to this effect was taken in a meeting which was chaired by Prime Minister Narendra Modi.

Check out this chart to know the recommendations of 7th Pay Commission at a glance.

The killing of eight CRPF personnel in Kashmir on Saturday was a grim reminder of the unpredictable ways of terror: the terrorist has the advantage of the element of surprise. The slightest of laxity can give an opportunity to the enemy to strike with disproportionate gains. With the long experience of insurgency behind them, our security forces are well aware of where the weak links might be, and how to secure those. The latest strike, therefore, demands a rigorous review of whether there has been any decline in the daily discipline of following the procedures.What is more disturbing, however, is what followed the shootout. The Army took ‘credit’ for the counter operation that ended in the killing of two terrorists. This was vociferously objected to by officers of the CRPF, who accused the Army of taking away the attackers’ bodies and weapons unauthorisedly. For the common citizen, the death of personnel of any force is equally tragic. None is considered more valiant than the other. The ‘credit’ war, thus, indicates other unhealthy motivations at work. And these may be part of the larger reward and recognition system in place in the forces, particularly in the Kashmir valley.The importance of discipline in any uniformed or armed force for their effectiveness is well understood. In an insurgency such as in Kashmir, security personnel’s discipline or lack of it has serious political implications. The Army has faced serious embarrassment over accusations of fake encounters or the killing of innocent civilians. Besides giving their detractors a moral edge, unprofessional conduct drains away the populace’s support and acceptance. And it would be unfair to blame only the men in the field. The top leadership has to take the responsibility. Every indiscretion they overlook is tacit encouragement for more. Nowhere in the world have armed men amidst civilians earned any laurels, yet the Indian Army has largely acquitted itself well. But maintaining the professional reputation requires constant vigil.

After Pampore attack, CRPF is going Army way, which has armour-plated its buses that ply between Sonamarg and Banihal tunnel.

Ajay Banerjee & Shaurya K Gurung

Tribune News Service

New Delhi, June 28

The Central Reserve Police Force (CRPF) has decided to “armour plate” all its buses in Kashmir. The move comes after the deadly militant attack on its men on Saturday.

Editorial:Shootout and after

Two militants ambushed a bus carrying CRPF troops and killed eight while injuring 22 at Pampore in Kashmir on Saturday. The steel sheets on the bus body provided no protection as these are not meant to stop bullets. (Follow The Tribune on Facebook and Twitter @thetribunechd)The Army has already armour-plated its buses used between Sonamarg and Banihal tunnel. CRPF DG Durga Prasad said, “After the attack on a BSF convoy (at Bijbehara in Anantnag on June 3), we started looking at the type of arrangement the Army has made to use bulletproof material or sheets all along the sides of the buses.”The bulletproofing material can avoid casualties when persons inside the bus come under a hail of bullets. The DG had defended the application of the existing standard operating procedure (SOP), but said, “We need to look at it again on how best we can improve the existing SOPs.”Sources say all Army troops sit by the window while the adjacent seats are kept vacant so as to allow space to duck in case of any militant attack. The troops always wear bulletproof jackets, bulletproof helmets and carry a loaded weapon. Moreover, highway domination teams move ahead of all its convoys.The CRPF is mandated to ensure safety of civilian and VIP vehicle convoys moving on national highways, protect important buildings, including the state Assembly, and provide security for the annual Amarnath pilgrimage. Any change in its existing duties can be effected only after a meeting between the Home Ministry, the Defence Ministry and the Jammu and Kashmir Government. The force was deployed in the state to reduce footprint of the Army.

Such attacks defame Kashmir and deal a blow to Islam. MEHBOOBA MUFTI, J&K chief minister

SRINAGAR: Chief minister Mehbooba Mufti on Sunday paid tributes to the eight slain Central Reserve Police Force (CRPF) personnel who were killed by militants on Saturday and said such attacks “defame” Kashmir and deal a blow to Islam. “We are only defaming Kashmir and the state by these acts. We also deal a setback to the religion we practice,” Mehbooba said.

WASEEM ANDRABI/HTJ&K chief minister Mehbooba Mufti paying tribute to CRPF men who were killed in a militant ambush in Pampore.

Eight CRPF personnel were killed and 22 others injured when militants attacked a convoy in Pampore on Saturday evening.

Two militants were also killed. A wreath-laying ceremony, attended by Mehbooba and deputy chief minister Nirmal Singh, was held in Srinagar for the personnel.

“This is a fasting month when people should be seeking forgiveness and expiation for past sins. At this time, such attacks in which bread earners of families are attacked – someone’s father or someone’s son – is condemnable. Nothing is achieved by these attacks,” she said.

Mehbooba also spoke about how such attacks have a negative impact on tourism and industrial development in the Valley, adding that investors often back out when they hear of such incidents.

“India is attracting lot of investments in infrastructure development and healthcare but when it comes to Jammu and Kashmir, the investors shy away because of these incidents.

The worst sufferers of these attacks are people of Jammu and Kashmir,” she said. Speaking to the media, director general of police K Rajendra Kumar said, “It is a desperate act by the militants. The attacks over the past few days – at Anantnag, Bijbehara and Pampore – are desperate acts,” Kumar said, adding that these attacks are retaliation to the neutralisation of many militants over the last six months.

On Saturday night, Prime Minister Narendra Modi also offered his condolences in a series of tweets: “I salute the courage of the CRPF personnel martyred today in J&K. They served the nation with utmost dedication. Pained by their demise. My thoughts are with the families of those martyred today. May those injured recover soon.”

Speaking to reporters in Hyderabad, union minister Kiren Rijiju described the killing of CRPF troopers as a “desperate attempt to create problems for the country”.

“We pay homage to the departed martyrs and send our condolences to the bereaved family members,” Rijiju was quoted as saying by news agency PTI.

HANDIGARH: Havildar Sampuran Singh (retd), a Vir Chakra awardee of the Indo-Pak 1971 war in Poonch sector, inaugurated a new canteen outlet at Field Area Family Accommodation Complex in Sector 29, Chandigarh.

HT PHOTOHavildar Sampuran Singh inaugurating an army canteen in Sector 29, Chandigarh, on Friday.

This extension counter will fulfill long cherished demand of the field area families residing in Sector 29 complex and vicinity. This will also enable the provision of canteen services at the door steps of the families and dependents of the soldiers who are deployed in field areas.
The new facility is in sync with the four corner stones of welfare, namely ‘Sahuliyat, Sambandh, Sehat and Samman’, said Lt Gen KJ Singh, Army Commander, Western Command. Lt Gen Gurdeep Singh, Chief of Staff, senior army officers, veterans and residents of Field Area Family Accommodation Complex was also present on the occasion.

Maj Gen Satbir Singh was the chief guest.

Large number of Ex-servicemen & Veer Naries attended the Rally.

Maj Gen Satbir sigh briefed the ESM at the Rally about the Outcome of detailed discussion held with RM on 15 Jun 2016 regarding OROP 

OPEN THE BLOG LINK   voice  of  esm  punjab   BELOW FOR DETAILS ABOUT RALLY

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