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Row over who sits in House front row AAP protests no seat for 2 LIP MLAs

Tribune News Service

Chandigarh, March 23

With the Aam Aadmi Party (AAP) today rejecting the seats allocated to its MLAs and its ally, the Lok Insaaf Party (LIP), a confrontation seems inevitable on the opening day of the newly constituted 14th  Vidhan Sabha tomorrow.Pro tem Speaker Rana Kanwar Pal Singh will take a decision on the matter in consultation with Chief Minister Capt Amarinder Singh before the start of the session.   AAP will decide its course thereafter.(Follow The Tribune on Facebook; and Twitter @thetribunechd)The conflict is regarding the 12 seats in the first row. AAP legislators are upset that no seat has been allocated to the Lok Insaaf Party in this row. The party has two MLAs — Balwinder Singh Bains and younger brother Simarjit Singh.The House has seating arrangements in three blocks — treasury benches on the Speaker’s right,  where the 77 Congress MLAs will be seated; the opposite block for the Opposition MLAs and the block facing the Speaker’s chair for other parties/Independents or members of the ruling party, in case there are not enough seats in the main block. AAP has 20 MLAs, the second highest, while the Akalis have 15. Both will get seats in the Opposition rows but AAP’s HS Phoolka, being the Leader of the Opposition, will be seated opposite the CM. AAP has been allotted five seats in the front row, the Akalis four and the BJP two. One seat is reserved for the Deputy Speaker. The LIP has been allotted two seats in the third block. The Bains brothers had occupied seats in this block as Independents in the last House as well.Phoolka told The Tribune he had rejected the seat arrangement. “The Lok Insaaf Party  had a pre-poll alliance with AAP as had the Akalis with the BJP.  If they can be seated together and their senior leaders allotted seats in the front row, why not AAP and LIP leaders?” he asked.Phoolka, contending that AAP and it ally would have a joint House strategy, said: “We have demanded that the Speaker allots the LIP seats to us.” Sources said in view of the Bains brothers’ tenacity to dominate House proceedings, AAP was keen on seeing at least one of them on the front seat.“We have allocated seats as per the party position. The seats are not allocated as per alliance or coalition,” explained Vidhan Sabha officials, who faced an unusual situation, having to accommodate the Leader of the SAD Legislature Party as also the former CM, the seniormost politician not only in Punjab, but the country too.

Parliamentary secys next on Capt agenda

Ministry expansion before June session

Rajmeet Singh

Tribune News Service

Chandigarh, March 23

Barely a week after taking oath as Chief Minister and inducting nine ministers, Capt Amarinder Singh today not only announced the expansion of his ministry “before the Budget session in June”, but also said he would introduce a Bill in the Punjab Assembly to appoint MLAs as parliamentary secretaries, a clear indication that Congress MLAs have been lobbying hard with the high command for their elevation.The Punjab and Haryana High Court had in August last year quashed the appointment of 18 Chief Parliamentary Secretaries in the SAD-BJP government, ruling that they were acting as “junior ministers” in contravention of the Constitution’s intent to limit the Council of Ministers to 15 per cent of the strength of the legislature.(Follow The Tribune on Facebook; and Twitter @thetribunechd)Capt Amarinder said he intended to attach parliamentary secretaries with various ministers to acquaint them with matters of governance. He said he would be happy to see his party appoint his successor in the last year of his tenure.Capt Amarinder said he would give due representation to all regions and communities. As of now, there is one minister from the Doaba region, three from Majha and six from Malwa, including the Chief Minister. The Congress has 77 Congress MLAs in the Assembly. There is room for eight more ministers in the Cabinet.Meanwhile, justifying the decision to retain Suresh Arora as the Punjab DGP, Capt Amarinder said he was a thoroughly professional officer while the Chief Secretary had to be changed because of his proximity to the previous SAD-BJP government.

Amarinder hails PM’s initiative on farm debt waiver

ribune News Service

Chandigarh, March 23

Reiterating his commitment to farm loan waiver, Chief Minister Capt Amarinder Singh today welcomed reports that Prime Minister Narendra Modi had instructed the Niti Aayog to make an assessment and formulate a plan for debt waiver.While the state government had already initiated the debt waiver process in the state, it was heartening to see the Central government also moving towards the waiver of the debts of the beleaguered farmers around the country, said Capt Amarinder.The CM, who had raised the farm debt waiver issue with the Prime Minister on Wednesday, said he had received an extremely warm response from both Modi and Union Finance Minister Arun Jaitley, whom he met in New Delhi.Cong finding excuses: Badal Former CM Parkash Singh Badal said by linking its loan waiver promise with the demand for a Central package, the government was finding escape routes to run away from its promise on loan waiver. “The demand for the financial package should be de-linked from the Congress poll promise as that promise was not made on behalf of the Prime Minister. The CM should have announced the loan waiver in a Cabinet decision before going to Delhi,” he said.

MCD: Cong banks on Capt

The Congress is banking on CM Capt Amarinder Singh to put up a strong show in the upcoming Assembly bypoll and the April 23 Municipal Corporation (MCD) elections.Capt Amarinder has consented to campaign and is likely to address a massive rally on March 30 in Rajouri Garden, where an Assembly bypoll is due on April 9.The seat fell vacant after AAP’s Jarnail Singh vacated it to take on former Punjab CM Parkash Singh Badal from Lambi constituency. — TNS


Lt Fayaz’s killing will be avenged: Army

Lt Fayaz’s killing will be avenged: Army
People take part in a candlelight procession in memory of Lt Ummer Fayaz at the India Gate in New Delhi on Saturday. Tribune Photo: Mukesh Aggarwal

Suhail A Shah

Kulgam, May 13

General Officer Commanding (GOC), Victor Force, Major Gen BS Raju, said today that the life of Lt Ummer Fayaz, killed by militants while on holiday, would not go waste and the militants involved in the cowardly act would be brought to justice.General Raju today visited the slain Army officer’s family at Sursuna village in Kulgam district.Lt Fayaz was abducted by militants from Batpora village of Shopian district on the evening of May 9, where he was attending the marriage ceremony of a cousin.Lt Fayaz was found dead the next morning in an orchard, his body riddled by multiple bullets. The killing was widely condemned.General Raju assured the mourning parents of Lt Fayaz (and later while talking to mediapersons) that his killing would be avenged soon.“Action will be taken against militants involved in this cowardly act. The action will be taken in our way and very soon,” General Raju assured.He said the Army would take utmost care that no civilians were hurt or put to inconvenience during Army operations, targeting these militants.General Raju praised Lt Fayaz’s parents for deciding to send him to the National Defence Academy (NDA).“His fight began five years back when he decided to join the NDA and serve in the Army. He chose the unconventional and I must say he has been successful in his battle,” General Raju said.He added that despite serving the Army for only four months Lt Fayaz was already a hero to him.“He is already a hero and he has won his battle,” the GOC told the reporters.The GOC presented a cheque for Rs 75 lakh from the Army Group Insurance Fund to the bereaved family and another for Rs 1 lakh from the martyr’s regiment Rajputana Rifles.The GOC said the situation in south Kashmir was calm in general, but there was little bit of agitation in a few educational institutes.“The life is going on normally. 95 per cent of the schools are functioning normally… There are 40-50 students in four to five colleges who create ruckus. Some virus has entered them which we have to remove. I am sure that the summer will be peaceful,” General Raju said.


Army school to be renamed after martyrThe Army has decided to name one of its “Goodwill” schools after Lt Ummer Fayaz. General Officer Commanding (GOC) the Victor Force, Major Gen BS Raju on Saturday announced the decision at Lt Fayaz’s home at Sursuna village of Kulgam district. “The Army-run Goodwill School in the Behibagh area of Kulgam district will be renamed after our martyred officer,” the GOC told the family. The school will be called “Shaheed Lt Ummer Fayaz Goodwill School” from now on. oc


Within week, rumblings audible in Capt cabinet, party over posts

There’s discontent, especially due to ‘meatier’ portfolios given to Aruna Chaudhary, Razia

I have requested the CM that the urban development and local government are under one minister at the Centre and compliment each other. It should be the same in Punjab as well. NAVJOT SINGH SIDHU, local government minister

CHANDIGARH : It’s barely a week since the Captain Amarinder Singh-led Congress assumed power in Punjab, but the first rumblings are already audible in the corridors of power. Reason: While wings of some leaders have been clipped, others are “flying high”.

On March 16, when Amarinder took oath as CM along with nine ministers, former leader of opposition Charanjit Singh Channi was sworn in seventh in the pecking order as a cabinet minister. Even the portfolio allotted to the three-time MLA is technical education and industrial training.

In contrast, Aruna Chaudhary, a minister of state with independent charge, has been given the meatier department of school and higher education. Another minister of state with independent charge, Razia Sultana, has been allotted PWD (B&R) along with women and child development. Razia’s husband, Mohammad Mustafa, a DGP-rank officer in Punjab, is known to call the shots in her constituency and had lobbied for either being appointed as state DGP or a plum department for Razia.

Aruna’s husband, Ashok Chaudhary, is a retired bureaucrat and Congress leader. The Chaudharys courted a controversy on Wednesday after the husband was seen perusing department files sitting next to his wife. Some Congress leaders are already asking why both Razia and Aruna were given minister of state ranks with the high-profile departments and why Channi was given a cabinet rank and a “light-weight” department.

“In the previous government, the industry minister also had department of technical education was with the department of industry. It is for the first time that a cabinet minister has been just given technical education and industrial training department that too when there are just seven ministers with cabinet rank,” sources in the government said. Channi, when contacted, said it was the CM’s prerogative to divide departments and he has no complaints.

Navjot Singh Sidhu wanted the department of urban development along with local government. “I have requested the CM that the two departments are under one minister at the centre and compliment each other. It should be the same in Punjab,” Sidhu told HT. The urban development department is presently with the CM.

Amarinder as CM has kept the department of vigilance with himself. He is facing two highprofile cases being invetigated by the vigilance department — the Amritsar Improvement Trust case and the Ludhiana City Centre scam — that came to haunt Captain’s government during his first tenure as CM (2002-07).

SCRAMBLE FOR RANKS IN CORE TEAM

Even the allotment of posts among Amarinder’s aides and core team could take place after a bitter tug-of-war over positions that come with pay and perks of a cabinet minister or minister of state, the appointment of Raveen Thukral as media adviser was made only after his former media adviser Bharat Inder Singh Chahal was rehabilitated as adviser to the CM. Both will hold minister of state ranks.

Between his three other aides — Captain Sandeep Sandhu, Major Amardeep and Karanpal Sekhon — it was decided to appoint Sandhu as political secretary and the other two as protocol secretaries, which did not go down well with them. Amarinder had to finally appoint all three as political secretaries.

Amarinder’s old friend, Lt Gen Tajinder Singh Shergill (retd), who also co-authored a book, ‘The Monsoon War’, with him has been appointed as senior adviser to CM with a cabinet rank. After MP Singh, another five were on Wednesday appointed as OSDs to Amarinder. And those raising questions over the spree of political appointments in the CM’s office are also those from his own party. “All the government’s first moves have been about symbolism, from low-key swearing-in ceremony to removing red beacons from cars of VIPs. The coterie was kept out of frame during elections but it is back with a bang in the CMO. The first casualty will once again be the CM’s accessibility, which proved to be his bane in his last term,” a Congress leader said on condition of anonymity.

It takes two to tango in the new Punjab cabinet

CABINET MINISTERS HAVE COURTED CONTROVERSY AFTER THEIR SPOUSES WERE SEEN ATTENDING TO OFFICIAL MATTERS

CHANDIGARH: There are many “better halves” in the cabinet of Punjab chief minister Captain Amarinder Singh. And they are working in tandem within the government, for better or for worse.

On Monday, it was Navjot Singh Sidhu’s wife Navjot Kaur Sidhu, a former MLA who opted out of her Amritsar East seat for him, who courted a controversy by attending an official meeting of the local bodies department. She defended it saying that as a former legislator she knows civic problems and was just sitting and listening to officials while it was husband Sidhu who was chairing the meeting.

On Wednesday, it was minister of state Aruna Chaudhary who made headlines as a TV grab of her husband, Ashok Chaudhary, a former government officer and now Congress leader from Gurdaspur, perusing official files sitting next to the minister went viral. The only distinction in hierarchy was that the back of the minister’s chair was taller! Ashok Chaudhary later described it as ‘good couples do things together’.

Razia Sultana, also a minister of state with independent charge like Aruna, is anyway seen as a proxy of her husband Mohammad Mustafa, an officer of the rank of director general of police (DGP) known for his proximity to Amarinder.

Though Mustafa has not been seen in Razia’s public works department, according to Congress sources he had lobbied hard for getting the department for his wife. Mustafa was barred by the Election Commission from entering Sultana’s constituency, Malerkotla, during the elections.

As for the CM himself, Amarinder’s wife Preneet Kaur, who opted out of Patiala Urban for the husband but managed his entire campaign as he, as the Congress unit chief, campaigned across the state, is happy issuing specifications for the CM’s new official residence.

CAPT TO TELL ARUNA TO CHECK HUSBAND’S INTERFERENCE

CHANDIGARH: Punjab chief minister Capt Amarinder Singh said on Thursday he will talk to minister of state Aruna Chaudhary on her husband’s reported interference in her official functioning.

Aruna, who handles higher and school education in the newly constituted council of ministers, was in news after a picture of her husband, Ashok Chaudhary, a former government officer and, perusing official files sitting next to her in her office in the Punjab secretariat went viral.

In response to a question during a television interview, the chief minister agreed that such behaviour was not proper and could not be condoned.

Captain Amarinder said he will personally speak to Aruna and was confident the minister would be able to control any such interference in future.

Manpreet exhorts youth to shun drugs, help govt in nation-building

HUSSAINIWALA : Punjab finance minister Manpreet Singh Badal on Friday exhorted people, particular youths, to refrain from drugs and come forward to help the government in nation- building.

SANJEEV KUMAR/HTPunjab minister Manpreet Badal laying a wreath at the martyrs’ memorial in Hussainiwala on Thursday.

Manpreet was presiding over the state-level function to pay tributes to martyrs Shaheed-eAzam Bhagat Singh, Rajguru and Sukhdev on the 85th martyrdom day here, Manpreet reached Hussainiwala, 11 km from here, accompanied by local Congress MLAs Parminder Singh Pinki, Kulbir Singh Zira, Davinder Ghubaya and Satkar Kaur besides a battery of civil and police officials.

“There are challenges before Punjab and the country. These challenges can be met only if we work together, think together,” said Manpreet.

The finance minister announced a grant of ₹4 crore to further beautify the national memorial at Hussainiwala in response to a demand raised by Parminder Pinki.

“The government, led by chief minister Captain Amarinder Singh was committed to make the dreams of martyrs come true and put an end to corruption, unemployment, illiteracy and drugs,” said Manpreet, after paying floral tributes at the martyrs’ memorial.

He said that the state government would be organising a state-level function to commemorate Baisakhi at Jallianwala Bagh, Sri Amritsar Sahib on April 13.

“People of border districts have faced problems from the times of India’s struggle for freedom till today and the Punjab government was well aware of these problems,” he said.

He announced that industry will be set up in the border districts to provide means of livelihood and employment to the people here, which will also propel state’s economy.

Manpreet also honoured family members of the martyrs and freedom fighters.


Punjab seeks Centre’s help to check cross-border drug

Punjab Chief Minister Amarinder Singh today sought help and cooperation from the Centre and neighbouring states in putting an end to smuggling of drugs into the state from across the border.

Addressing the 28th meeting of the Northern Zonal Council (NZC) here, presided over by Home Minister Rajnath Singh, Amarinder referred to the rampant drug menace in Punjab and said the problem needs to be combated in a systematic and organised manner

The chief minister said the Centre should order security forces to maintain strict vigil on the border to check cross- border smuggling of drugs.

He stressed on the importance of inter-state coordination and urged the neighbouring states of Rajasthan, Haryana, Himachal Pradesh and Jammu and Kashmir to make focused efforts for the destruction of illegal poppy and cannabis cultivations.

Amarinder, according to a state government release here, also called for effective plugging of pilferage of narcotic substances from areas where they are being cultivated legally for pharmaceutical and related purposes.

Sharing of information and initiating criminal action against the smugglers involved in the trade should be encouraged, he said.

He also called for shifting of poppy husk vends located in Rajasthan along the border villages of Punjab.

Saying that Punjab was a border state, Amarinder demanded central government concessions as compensations for the financial and economic loss already suffered by it.

He also called for greater operational freedom to states in choosing and financing their developmental properties, since state governments “are in a much better position to understand, address and solve the problems of their people, at the cutting edge.


Why Soldiers are Emotional About their Ranks

By Narender Kumar
Indian army soldier Saleem Miyan (R) and his colleagues salute during a wreath-laying ceremony for Navdeep Singh, an army officer who was killed in Saturday’s Kashmir border clash, at a garrison in Srinagar August 21, 2011. Indian soldiers shot dead on Saturday 12 separatist militants trying to cross from Pakistan into the disputed region of Kashmir, where popular protests against Indian rule have mounted. REUTERS/Danish Ismail (INDIAN-ADMINISTERED KASHMIR – Tags:
Job of a military commander is to lead soldiers into battle with utmost commitment and focus by an authority bestowed in him by an order of the head of the state. Logic often fails to motivate men in the face of death, thus, the task of a commander is to blind the logic by evoking emotions. A good commander will always assemble his men and throw them to the wolf. But when he does so, he too lead his group deep into enemy territory leading from the front. Before men went for surgical strike they all wrote the last letter before crossing over the LOC to be delivered to their next of keen if some of them did not return. Robert Greene wrote in his book 33 Strategies of War, that best way to motivate men is not through reasons, but through emotions. Manipulation of emotion is the art of military leadership.
Humans are defensive by nature, logic make them meek, because if soldiers start reasoning the outcome of their actions during war, they will never be able to fight a war. Logically it is foolish and absurd to run up a hill when the guns are blazing from top with no place to take cover. Yet soldiers do it every time they are asked to do so fully knowing the outcome of such acts. It is all about fogging logic by emotions. Soldiers fight under the influence of emotions but the leaders lead them by logic and reasoning. A tactical commander is not blinded by emotions, he knows what he is asking his men to do and what price he would pay. Lt Anuj Nayyer knew before going to his final assault that he will not return back, yet he went with a smile. It is the rank that makes a military leader do what a normal human being will never do.
Emotion is most essential aspect of soldiering, and the attachment and attraction of a solider to his rank is infectious and fatal. That is why he carries his rank to grave and retains it till eternity. Ask a soldier how has he got his first stripe and his answer will be by blood and sweat. Thus he guards his rank with great degree of pride and self-respect. He feels it insulting when someone starts comparing his rank to a clerk, or a section officer of even to a secretary in the government. It is contemptuous and insulting. Ask Special Forces how they earn the dagger with wings. His reply would be by mortgaging his life for the nation. To go where no human can go, to do what no human can do and survive where no human has ever survived. Those who do not understand what it takes to be a soldier, they may consider soldiering as another government job, but try and live that life for one day and your head will bow in respect. There is lot of pain, sacrifices, physical rigors and mental stress that a soldier is put through during peace and war. There is a streak of ruthlessness in a soldier and his leader, but before they are ruthless with the enemy they have to subject themselves with ruthlessness.
Naik Hanamanthappa survived for six days under 35 feet of snow. It was the ultimate human endeavour. But remember his Commanding Officer did not leave the site till he dug every mortal remains of his men in minus 35C degree without proper shelter without adequate food and under constant threat to lives of his men and his own. It was the ruthless leader in him that led from the front in a life threatening environment. Can he be compared to any other government employee how high and mighty he may be? One can’t even imagine any other government official performing such act.
A soldier fights along the border and LoC because adversary challenges his authority on the territorial jurisdiction entrusted to him by his superior military authority. His task is to ensure territorial integrity and no loss of territory is acceptable during peace and war. When his authority is challenged he does not wait for the orders, rather he acts. His authority comes from his rank that forces him to act against his enemy even if it means war.
A civilian bureaucrat is often defined by designation and military by rank. Designation means label, name, title and description. Whereas military ranks mean order, level, status and authority. Military leaders command the territory, men and resources at their disposal by their word of command. Whereas bureaucrats only can lay restrictions through proxy and suggest pros and cons. Military commander’s word is an authority and he does not issue an order in writing to his men to go to war. In the recent case of surgical strike, no written orders were issued by Special Forces commanders to their men to cross LoC when they all knew the risk to their lives. Men were briefed and orders issued by word of mouth. The men trusted the wisdom of their commanders because of the rank and authority they held. Whereas if a bureaucrat has to get a job done even if it has zero risk to life, he has to issue a government order.
It may appear to be a non-issue for political leadership or bureaucrats to compare military ranks with civilian counterparts, but it is sacrosanct for a soldier. The difference is that when a soldier salutes his superior it means “sir I am ready to carry out your command” and an officer returns the salute by acknowledging that “I will lead you till last breath”. That is why an old soldier never saluted a civilian irrespective of his position because a civilian cannot lead a soldier to war. Comparing a rank with civilian designation is blasphemy but bigger crime is downgrading the ranks. If a soldier and military commander start behaving like a government servant, the army and the nation are doomed. No nation can afford their army to behave like a government organization because government is run by rules and wars are fought by defying rules and conventions. That is why military ranks have sanctity and military accruements are prohibited to be sued even by police. Government of India has committed cardinal mistakes of firstly comparing military ranks with that of civilian counterparts and second is that military personnel’s have been placed under police officer in NSG where the police officers have no idea of command of military personnel’s that too special forces.
The day elitism is destroyed among the soldiers, that day nation is rendered insecure. It is the greatest disservice a political leader or bureaucrat can do to the nation. A visionary political leader of a nation surrounded by inimical forces would never distract his army by causing imbalance in emotional equilibrium of men and tempering with their pride and status. Any force in a state attempting to erode the morale of army especially at a time when there is war like situation along the borders/ LOC is an act of high treason. Military leaders can’t be unsettled and distracted from the main task at hand. Those who attempt to do so are furthering the cause of enemy. We as a nation must remember that Xenophon had said in (Circa 430-355) “whichever army goes into battle stronger in soul and morale, their enemy generally cannot withstand them”. Thus political leaders must prevent endeavours of those who wish to weaken the morale and spirit of the soldier.

China asked to take note of India growth

BEIJING: India has the potential for “explosive economic growth” and could develop into a “China 2.0” with its big market, low labour costs and large population, a Chinese think tank has said, cautioning Beijing to ignore competition from the neighbouring country at its own economic peril.

AFPBig market and low labour costs are among India’s advantages.

India’s GDP might be much lower at present but it is at an economic stage that China was a few years ago, Anbound Consultancy, a Beijing-based think tank on Chinese public policy, said.

“Just as what happened with China in the past, the changes that are taking place in India may also point to great potential for development. With a large population of young people, which is not only the labour force but also a potential consumer group, India has the possibility of seeing explosive economic growth in the future,” it said in an article published in the nationalist tabloid Global Times.

The think tank said that China hasn’t closely studied its “unfamiliar neighbour” and needs to track its economic development.

“It should be pointed out that China has not conducted enough studies on India. From the perspective of think tanks, China cannot wait until India grows into an apparently promising competitor before discussing how to deal with the situation,” it said.

“China should develop a more effective growth strategy for the new era or it may become an unfortunate bystander watching India’s success. Therefore, we must pay close attention to the development of this unfamiliar neighbour,” scholars said in the article. It added that some Chinese companies are doing well by investing in India.

“An increasing number of Chinese companies have invested in India in recent years, covering such sectors as hardware, software and marketing. Smartphone manufacturers like Vivo, OPPO and Lenovo have already entered the Indian market,” the think tank


HEADLINES 22 MARCH 2017

breakl lineMOD DEFENDS ARMY’S ‘SAHAYAK’ SYSTEM IN RS

WILL SOLDIERS GET PAY COMMISSION BENEFITS?

RETD COLONEL WHO SHOT SAD LEADER STILL AT LARGE

1971 WAR HERO BRIG RANDHAWA PASSES AWAY

VK SINGH TAKES A JIBE AT JJ OVER POLL DEFEAT

IN 6 YEARS, MAXIMUM YOUTHS JOINED MILITANCY IN 2016

INDIA COULD NUKE PAK IF THREATENED’

A MELLOW CAPTAIN ON CRUISE MODE

CAPTAIN’S MEN MADE ADVISERS, NO SURPRISES

CAPT TO BUILD CASE FOR STATE’S WATERS

PRTC’S DAILY INCOME UP BY RS 10 LAKH

NAVJOT READY TO QUIT COMEDY SHOW, SAYS DR SIDHU

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Upholding majesty of international law

India’s moving the International Court of Justice to seek justice for Kulbhushan Jadhav, a former naval officer who was sentenced to death by a Pakistani military court vindicates the majesty of international law. It also vindicates the need for India to take international law more seriously across the board as an instrument of state policy.

Upholding majesty of international law
Long arm of law: Hopefully, the ICJ action in the Jadhav case will bring about sobriety in Pakistan”s behaviour and it will back off from the brink.

India has made a deft move to the International Court of Justice (ICJ) seeking justice for its national, Kulbhushan Jadhav, a former naval officer, who was sentenced to death by a Pakistani military court. This is the first such action by India as it had hitherto refrained from taking any bilateral issue to international forums or judicial bodies (courts and tribunals). This action has been triggered by the consistent denial by Pakistan of “consular access”, a minimal courtesy exercised by all civilised states, to Jadhav as a national of India. India expressed determination to rescue Jadhav from the Pakistani custody as it viewed the case as stage-managed abduction, slapping of false espionage charges and secretive military trial leading to imposition of death penalty. Notwithstanding lack of “compulsory” jurisdiction of ICJ, India sought to tap the legal remedy available under Article 36 (1) of the ICJ Statute (all matters provided for in treaties and conventions in force) and Article 1 of the Optional Protocol Concerning the Compulsory Settlement of Disputes (1963) to the Vienna Convention on Consular Relations (1963). The Optional Protocol provides that “unless some other form of settlement has been agreed upon by the parties…Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol”.  As of May 2016, the Protocol was ratified by 51 states and, amazingly, included both India and Pakistan! This represents a growing trend, wherein a state party seeks to raise issue of breach of specific treaty obligation by another state. For instance, Ukraine has taken the Russian Federation to ICJ for breach of Convention for the Suppression of the Financing of Terrorism and the Convention on Elimination of all Forms of Racial Discrimination.It is the first such resolute support provided by India to rescue a national, accused of violations of local law in another country. Due to the unusual situation prevailing in Pakistan as well as regular incidents of aiding and abetement of cross-border terror chain of pin-pricks, India has been forced to bypass time-tested rule of “exhaustion of local remedies” as they are in any case not available due to the current impasse. The Indian action has been buttressed by turning down of more than 15 requests for consular action by the Pakistani authorities. In a petition filed in the registry of the ICJ in the Hague, India underscored the urgency of this situation. It referred to the provisions of Article 75 of the Rules of Court, asked the Court to indicate forthwith, and without holding any hearing, provisional measures proprio motu. As laid down by the ICJ in Vienna Convention on Consular Relations case (Paraguay v. USA case;  April 9, 1998), the Court could order interim measures if there is possibility of “irreparable prejudice…to rights which are the subject of dispute…”. As a corollary, in a swift move, the President Rony Abraham issued an order to Pakistan to “act in such a way so as to enable the court to enforce any decision it takes on the Indian plea.”  As a founding member of the United Nations, India has been forced to move to ICJ not for violations of sovereignty per se but breach of an international treaty obligation — the Vienna Convention on Consular Relations, 1963. India has otherwise consistently denied efforts of countries like Pakistan to drag her to ICJ on the basis of the “Commonwealth Clause” in  declaration under Article 36 (2) of the Statute of ICJ.  Pakistan’s steadfast refusal to allow consular access to Jadhav has lent credence to Indian claim about “fixing” of Jadhav, circumstances of his alleged abduction and “sale” in early 2016 to elements in Pakistan and slapping of “espionage” case even though it was proved he was carrying an Indian passport. This, as India argued, “has prevented India from exercising its rights under the Convention and has deprived the Indian national from the protection accorded under the Convention”. The issue at stake has been the nationality of Jadhav and the prevalent right of India to provide diplomatic/consular protection to Jadhav. The case has assumed grim proportions since efforts were stonewalled by Pakistan to allow consular access to him. Demarche issued to the Pakistan High Commissioner were ignored and all pleas at the highest level fell on deaf ears. It has placed bilateral relations in serious jeopardy. The Indian contention in the Jadhav case is rooted in Article 36 (1) of the Vienna Convention that guarantees unimpeded consular communication, access and providing of legal representation by a ‘sending state’ to its nationals who are arrested or committed to prison pending trial or detained in any other manner. Pakistan’s consistent and wilful denial of India’s right to provide consular protection to Jadhav has led to the ICJ to underline sanctity of the Convention as well as efficacy of the remedy available under the Optional Protocol. Indian legal recourse is a cogent step to obtain judicial restraint of Pakistan’s aberrant conduct resulting in not only gross violation of India’s consular right but also basic human right of Jadhav under Article 6 of the International Covenant on Civil and Political Rights. This provides every human being the inherent right to life.    Generally, the UN member states take matters to ICJ on issues concerning territorial integrity and sovereignty like delimitation of land and maritime borders or other violations. It is rare that states contend before ICJ issues concerning rights of a corporate entity (Interhandle case by Switzerland against USA) or individuals (Asylum case by Columbia against Peru). In 1980, the USA also had to ICJ against Iranian revolutionary guards’ seizure of the US Embassy in Tehran. In the famous LaGrand case (1999), the ICJ upheld German contention that the USA violated the Vienna Convention on Consular Relations by not advising its national Karl and Walter LaGrand on their right to consular access that prevented Germany from obtaining effective trial counsel for them. In spite of repeated German assertions Karl La Grand was executed in the state of Arizona on February 24, 1999. The ICJ did grant urgent provisional measures and stayed the execution of Walter LaGrand that was slated for  March 3, 1999.  India had no choice amidst the groundswell of domestic public opinion as well as to counter Pakistan’s compulsive “irritation” campaign to ward off international isolation. The decisions given by the ICJ are binding on the parties to the dispute. There are glaring cases of defiance in the past by countries such as USA (Nicaragua case) and Iran (Hostages case). Still Pakistan can defy ICJ only at its own peril and at the cost of irreversibly damaging India-Pakistan relations. In this grim scenario, Indian recourse to this international law remedy has brought about a glimmer of hope. It provides a robust message that it will work wonders if India takes this vital instrument more seriously in internal governance structure as well as in the conduct of external affairs and, in turn, for maintenance of international peace and security.     Bharat H Desai is Chairman of Centre for International Legal Studies, JNU. Balraj K Sidhu is faculty member of RGSOIPL, Indian Institute of Technology-Kharagpur


Fauji bonding: An officer and his buddy

A ROBUST REDRESSAL SYSTEM DISPENSED QUICK JUSTICE. EVERY JAWAN WHO WORKED WITH ME IS A PART OF MY FOND ARMY MEMORIES

Media reports fuelling disquiet about an officer and his buddy are saddening. Encouraged, a few disgruntled jawans put out videos that portray mass discontent. Serving officers say this is untrue. When I was still in service, one did come across an occasional oddball be it an officer or a jawan. A robust redressal system dispensed quick justice. Every jawan who worked with me is a part of my fond army memories.

I remember when my son was six years old, he stopped eating dinner. His worried mother spoke to me. I discovered he had started dining with our sahayak. I saw the two buddies sitting cross-legged and merrily dipping langar rotis in a mug full of tempting mutton curry. I told my wife to stop worrying.

My first sahayak in 1977 was Ram Singh, a sturdy lad from Haryana. He had about a year’s service and had injured himself playing hockey. Rendered temporarily unfit for military duty, he was assigned the duty of a sahayak.

Ram Singh was a simpleton. When told to get a particular trouser slightly flared at the bottom ironed, he conformed ‘Roger Wilco’ by replying ‘Aapke paas ek hi goonda type pant hai’. A few of my traits might have been questionable but Ram Singh meant no offence.

The scaling of sahayaks used to be one jawan for two subalterns thus Ram Singh from Bravo Company was sahayak to Lt Sharma of Alpha Company and I, who like Ram Singh too was from Bravo Company. Sharma and I were neighbours in the officers’ mess.

Alpha and Bravo were sworn inter-company rivals. Ram Singh had suffered an injury in a bitterly contested Alpha versus Bravo hockey match thus every time he saw Sharma he saw red.

Ram Singh’s day used to start at 5am with ‘chhota hazari’. A cup of tea with biscuits for Sharma and me. He would ensure that our ‘rig’ for the first parade was ready and while we were away, our uniforms for the day were readied by him.

Tuesday was a difficult day for Ram Singh. Tuesday morning’s Officers’ BPET (battle physical efficiency test) was conducted. This is a test of physical fitness conducted in full ‘battle gear’ and a few tests are graded by timing achieved. As far as Ram Singh was concerned, if Lt Sharma finished ahead of me then I stood defeated even if I was graded ‘excellent’. Invariably, Sharma would beat me to the finish line in the 2 mile test by at least a yard. Ram Singh would be hanging around the finishing point shaking his head in sorrow to see his hero from Bravo beaten by his bête noire from Alpha.

After his words of encouragement did not translate into vanquishing the demon from Alpha, Ram Singh changed his strategy. He once gagged me by shoving a hanky into my mouth prior to the start of the test. The tea served in the mess began to taste bad. It was realised that to build up my stamina, Ram Singh had started lacing my cuppa with desi ghee.

It was Monday evening. Over a drink in the mess bar, Sharma and I were guffawing over Ram Singh’s ham-handed tricks. I kept needling Sharma that for Ram Singh’s sake, he should for once turn off the turbo fitted in his backside and allow me to take the lead. When it came to Alpha versus Bravo it was no quarters given!

Ram Singh strapped my ‘web equipment’ and handed me my carbine. Sharma and I ran neck and neck. At the finishing point, Sharma stumbled and I breasted the tape. Armchair breast beaters will never understand the arrogance of Ram Singh’s eyes.


Army chief hints at retaliation for soldiers’ beheading by Pak

Army chief hints at retaliation for soldiers’ beheading by Pak
Gen Bipin Rawat. File photo

New Delhi, May 4The Indian Army does not reveal plans before executing them, Army Chief General Bipin Rawat said on Thursday, indicating possible retaliation to the Pakistan military beheading two Indian soldiers in Jammu and Kashmir.Replying to a volley of questions on whether the army would respond to the barbaric act, Rawat, without giving a direct reply, said the armed forces would effectively respond to such actions by the neighbouring country.“We do not talk about future plans beforehand. We share details after execution of the plan,” Gen Rawat said, refusing to elaborate further.

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He said, “When this kind of action takes place, we also carry out retaliatory action.” He was speaking to reporters on the sidelines of an event.Vice Chief of Army Staff Sarath Chand on Tuesday had said that the army would respond to the dastardly act at “a time and place of its choosing”.Defence Minister Arun Jaitley had said that the “sacrifice (of the two soldiers) will not go in vain” and the Indian armed forces would react “appropriately” to the “inhuman act”.Sources said the army is weighing various options to respond to the beheading of a naib subedar and a BSF head constable by a Pakistani Border Action Team on the Line of Control on May 1.Asked about the reactivation of terror launchpads across the LoC which were destroyed by India during the surgical strike last year, Rawat said the “counter-infiltration postures” had been beefed up.“Terrorists are trying to infiltrate. Snows are melting, summer months have started. Like each year, infiltration will commence. We are taking measures. We have beefed up our counter-infiltration postures,” said Gen Rawat.On security forces launching a massive anti-militancy operation at multiple places in south Kashmir’s Shopian district on Thursday, the army chief said it is being carried out to bring the situation under control.“The combing operation is going on as some banks were looted and some policemen have been killed. It has been launched to ensure that the situation is brought under control. These operations are carried out regularly,” he said. PTI

23-year-old IAF man shoots himself to death in Chennai

Chennai, May 4

A 23-year-old Indian Air Force Airman allegedly shot himself to death at the Air Force station in Tambaram on the city outskirts, Defence and Police officials said on Thursday.

The airman committed suicide last night by using a firearm, they said.

“It is a case of suicide. An inquiry is on,” a Defence official said but declined to divulge any further information.

The police said body of the airman had been shifted to government hospital.

Airmen are deployed on ground-based jobs in the IAF. PTI