London, November 6

Pakistan Prime Minister Shahid Khaqan Abbasi has said war is not an option with India and that only talks can resolve all outstanding issues, including Kashmir.Addressing a conference on “Future of Pakistan 2017” at the London School of Economics’ South Asia Centre here on Saturday, Abbasi described Kashmir as a “core issue” and said relations with India will remain tense until that is resolved. “Kashmir is the core issue with India. Until that is resolved, Pakistan-India relations will remain tense. We are always open to talks at any level and talks are the way forward. War is not an option,” Abbasi said.Highlighting India’s Cold Start Doctrine among recent developments, Abbasi said Pakistan had a “deterrent” in place. “We have a deterrent to that (Cold Start Doctrine) but I don’t think deterrents where both sides are nuclear powers is a solution to any problem. The only solution is continued talks,” he noted. — PTI

Internal politics in both India and Italy have led to questionable decisions that have vastly complicated an inherently difficult diplomatic case of the Italian marines accused of killing two Indian fishermen.

In choppy waters: Italian marines Massimiliano Latorre (R) and Salvatore Girone in file photo. afp

Vivek Katju
Former Secretary, Ministry of External AffairsItalian Prime Minister Paolo Gentiloni’s trip to India on October 3, the first in a decade at that level, is a significant step of the process to put India-Italy bilateral ties on an even keel after the strain of the marines issue drove them to breaking point. The matter has not been resolved, though neither side publicly raised it nor was it mentioned in the media briefings of External Affairs Minister Sushma Swaraj’s meetings with Italian leaders in Rome last year. The Arbitral Council which has been constituted under the Laws of the Seas at Italy’s behest is expected to give its judgment next year on its plea that India does not have jurisdiction to try the case. It is unlikely that domestic politics of either country will not intrude to pressure the government concerned even if it would wish to take it in its stride. The Congress had charged the Modi government with putting up a weak case before the council when it ruled last year that the marine in India be allowed to go to Italy under conditions to be set by the Supreme Court. Allegations were also made that Italy’s cooperation needed in the Augusta Westland case also contributed to the so-called soft way India pleaded the case.Indeed, internal politics in both countries has led to questionable decisions that vastly complicated an inherently difficult diplomatic matter. In Kerala, it raised popular sentiment which fed into government decision-making.

Case timeline

To recall the facts: On February 15, 2012, two marines, Massimiliano Latorre and Salvatore Girone, on an Italian oil tanker, MV Enrica Lexie, shot at St Antony, an Indian fishing boat, 20.5 nautical miles off the Kerala coast, causing the death of two Indian fishermen, Ajeesh Pinku and Jeslestine. After the incident, Enrica Lexie filed an incident claiming a piracy attempt and carried to sail ahead. St Antony proceeded to the Kochi port. The Indian authorities being apprised of the incident caught up with Enrica Lexie and it came to the port. After investigations, the two marines were arrested and charged with murder.The Italians protested the arrests. They claimed that as the incident had occurred in the contiguous zone and not in Indian territorial waters, the Indian courts had no jurisdiction and the case should be tried in Italian courts. They further implied that St Antony’s sailing pattern just prior to the firing led to an apprehension of a pirate attack. The Italian contention was rejected by the Kerala High Court, which held that the Indian courts had jurisdiction under Indian laws. The high court also did not accept that as the marines were Italian defence personnel they enjoyed immunity. It, however, allowed bail to the marines and allowed special quarters. Such consideration was shown to them later by the Supreme Court, too.The Italians appealed against the Kerala High Court’s views to the Supreme Court. Notwithstanding the unacceptable action of Enrica Lexie in sailing away despite its captain knowing that it was innocent and the hollowness of the claim of immunity, the main issue on which the whole matter turned was: did the Indian courts have jurisdiction to try the marines for murder in the contiguous zone? That the firing was unjustified and Lattore and Girone should be tried for murder is beyond doubt; but where? The compensation given by Italy to the families of the fishermen does not reduce the guilt.It would have been appropriate for the government to urge the Supreme Court which became seized of the matter to give a final decision on this basic issue. While doing so, it would have naturally argued that India did have jurisdiction. However, the court was not pressed to definitively determine the jurisdiction issue. Even after a Supreme Court ruling, the Italians could have approached the Law of Seas dispute resolution mechanism, as they finally did in 2015, but this could have hardly opened the government to charges of going soft on Italy. Clearly, the UPA’s primary objective was to prevent any adverse reflection of the Congress first family and not let diplomacy have full play.

SC ruling

The Supreme Court decision ruled that while Kerala state did not have jurisdiction, the Union did, and the case should be tried by a special trial court set up for the specific purpose. Significantly, the court allowed Italy to agitate the jurisdiction question before the trial court. No action was taken to set up the court and the Italians also adopted delaying tactics.The Home Ministry decided to hand over the case to the NIA and invoke the Suppression of Unlawful Activities Act. This implied that the marines would be tried as terrorists. This was simply untenable and naturally led to great bitterness in Italy. Eventually, the Act was dropped, and the Indian Penal Code provisions were relied upon.If domestic Indian politics muddied diplomatic waters, so did the Italian politics. Having put the marines as guards on commercial Italian vessels without the protection of any international instrument governing the actions of such personnel, the Italian authorities could not be seen to be abandoning them. Indeed, the pressure to get them back soonest and maintain their dignity led Italy to decide that they would not return to India, although the Italian Ambassador had personally assured the Supreme Court that they would. The court had allowed them to go to Italy to cast their votes. The unacceptable Italian action precipitated an unprecedented diplomatic crisis in which the court became involved. Ultimately, the Italians backed down but after the incident, the UPA had to reinforce its rigid approach. Nevertheless, Modi criticised the NDA’s handling of the case during the 2014 election campaign.

Jurisdiction a stumbling block

With the Modi government coming to power, the two countries engaged on ‘private’ and ‘public’ tracks to resolve the issue. Nothing came of these attempts for jurisdiction obviously was a stumbling block. Italy approached the Laws of the Seas International Tribunal (ITLOS) in December 2015, seeking that it denies India jurisdiction. It also sought a provisional order that the marine in India be allowed to return to Italy. The Supreme Court had already allowed one to go back for medical reasons. Both countries are currently filing their submissions and that process will be completed in February 2018 after which a date will be set for the hearing.This case will confront the Arbitral Council with difficulties as it will go into new territory. Some Indian legal experts feel that India has a good case in view of recent evolutions of international law and prevailing circumstances. It is difficult to predict how the issue will go at The Hague next year. Thus India-Italy ties will have to navigate a stretch of choppy waters and politics will again, no doubt, compel diplomacy to take a back seat, which way the decision may go.

Guru Nanak Dev Ji::vedio

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Manpriya Singh

How difficult is righteous conduct, virtuous living and social responsibility? Unfortunately, very; especially in times of religious animosity, unbridled materialism and moral decline! However, improbable simple living and rightful conduct might sound, Guru Nanak’s teachings all the more become a practical compass for humanity today. A great prophet, a poet and a pious spirit; on Guru Nanak’s birth anniversary, we ask celebs how his teachings are relevant in today’s times and whether they have had any brush with community service.  Duty towards the needy Singer Jassi Gill makes it a point to go to the gurdwara, especially when he happens to be at home. Community service was inculcated at a very young age, courtesy a very religious upbringing. “Whenever we begin anything at home, akhand paath is a ritual and so is the langar. I have always tried to be as hands-on as possible especially with serving langar, if not making it,” shares the singer of Zimindar fame, who believes that Guru Nanak’s emphasis on social responsibility is something the world needs to embrace today. He adds, “I already sponsor a special child’s education till college and plan to increase that number soon.” He did that to a child from his native village; anyone following suit? The power of serviceThe earliest memory that Bollywood playback singer Sukhwinder Singh has of community service is when as a child they would splash water on hot marble floor. “In Golden Temple, especially during summer afternoons, the floor would be piping hot; we would as children love splashing water and cooling it down for the sangat,” he recalls. “Then of course we would move onto doing the dishes and serving langar, irrespective of who was coming to partake that food. It’s the similar devotion towards one’s society that we need to imbibe in today’s times,” he signs off. There’s a parting note. “Guru Nanak was the greatest poet of the universe and I remember Gulzaar sa’ab saying it to me once.” Make it holistic, not ritualistic From washing dishes to serving food to making it, you name it and actor Gugu Gill has done it all. “As children whatever opportunity we got for community service, we did,” he shares. “It wasn’t a ritual that we followed, rather it was a way of living,” adds the singer, who feels we need to imbibe Guru Nanak’s teachings in every day living rather than ritualistic practices. Good intentions, clean thoughts Almost every gurpurab, singer-actor Ammy Virk recalls having been in India. “Hardly during one or two gurpurabs I must have been abroad,” he recalls, while focusing on how important is the festival for him and his family. “As a child I was proactive about the concept of community kitchen started by Guru Nanak,” opines the singer, who feels we need to imbibe clean thoughts and good intentions in almost every breath we take. “I would like to tell all my readers and fans, stay true and right in everything you do; that is a major part of Guru Nanak’s teachings.” Rest, “A very Happy Gurpurab,” he signs off.  

Tribune News Service

New Delhi, October 30

In an important development, the matter of the rank-parity is being looked into in ‘great detail’ by the Ministry of Defence (MoD), including the vital letter sent by the Prime Minister’s Office in December 2008. The letter mentioned setting up a high-powered committee to sort out parity issues.Top sources have confirmed that ‘no false equivalence’ will be allowed.  The rank-parity issue was highlighted by The Tribune in a three-part series recently.(Follow The Tribune on Facebook; and Twitter @thetribunechd)A  three-member committee headed by an Additional Secretary-rank officer had been tasked to study rank-equivalence norms between the armed forces and the civilians employed in the Armed Forces Headquarters, called the AFHQ cadre.The forces had lodged a serious protest, questioning the veracity of claims in the report and the documents relied upon.Sources said the MoD was looking into all angles of the rank-parity issue. Discussions are happening in the ministry and in no situation will the ministry stand to benefit or side with any one of the two sides — the forces and the AFHQ cadre of civilians. “The idea is not to benefit one side at the cost of the other, whichever that is,” sources said.Meanwhile, the MoD, in a bid to promote domestic defence manufacturing, is mulling on formulating a method under which obtaining security clearance from the Home Ministry, if delayed, will be “deemed to be approved”.After a recent meeting between Defence Minister Nirmala Sitharaman and representatives from the industry, the defence ministry is now discussing measures to help private sector industries get a final clearance, in case their request has been pending for a long time.The MoD has also asked the Defence Research and Development Organisation (DRDO) to prepare a list of defence technologies it has developed and has not been given to any government or private sector for manufacturing. “Some technologies have already been given to private sector. We will work with DRDO to make a list of items which can be commercialised,” said a source.

The Elphinstone railway stations foot overbridge where a stampede took place, in Mumbai. PTI

Mumbai, October 31

The Army will hep build a new foot overbridge at the Elphinstone Road station, Chief Minister Devendra Fadnavis today said as Union ministers Nirmala Sitharaman and Piyush Goyal visited the station, where a deadly stampede took place last month.Fadnavis, who accompanied Defence minister Sitharaman and Railway Minister Goyal, said the Army will also help in building foot overbridges at two other stations here.23 people were killed in a stampede on the Elphinstone Road station foot overbridge (FOB) last month.”We are taking the Army’s help in building a new FOB at the Elphinstone Road station and at two other suburban train stations in Mumbai,” Fadnavis told reporters at the venue.”I have been informed that the work on these bridges will be completed by January 31,” he said.After the stampede on September 29, railway officials posted police personnel to manage the crowd on busy platforms, evicted hawkers from suburban train stations and started speeding up infrastructure projects on suburban network. — PTI

Nitish Sharma

Tribune News Service

Ambala, October 24

The Defence Minister has decided to give military farms in Ambala, Belguam, Secunderabad, Jammu and Meerut on lease to the Indian Council of Agricultural Research (ICAR).The Cabinet Committee on Security gave its approval on July 14 to close down all 39 military farms within three months. Fourteen such farms had already been shut down.Sources say it was decided in a meeting chaired by the Defence Minister recently to give these five military farms on lease to the ICAR.The sources say the Eastern Command has also been asked to identify military farms for leasing out to the ICAR in the Northeast and East.Dr Nandoo Yadav, general secretary, Military Farm Non-gazetted Employees’ Union, says: “Giving out the farms on lease is not a solution as after sometimes, the farms will be closed down.” The farms were to be closed by October 14 and the cattle handed over to the government agencies, veterinary universities and gaushalas, but no one came forward to take cattle. Now, the farms are expected to be closed by March 2018.”Yadav says permanent employees will be shifted to other departments, but there are no directions regarding temporary employees. With the closure of all farms, hundreds of temporary employees working in these farms for the past 20 to 30 years will be sacked. “Those who have been sacked so far have not been given any gratuity or compensation. They have not even been served any notice. Labour laws have been violated and hundreds of employees have been denied their legitimate rights,” he adds.The union has requested the Defence Ministry and the Prime Minister to review the decision. “The ministry has been advised not to close down the farms instantly. A policy should be adopted not to rear calves and sell them to the local population. By this way, 30 per cent strength of the animals will reduce every year and the department will close down automatically within three years,” he adds.The union had approached the SC against the Centre’s decision to close down 39 military farms across the country, but the court had asked it to approach the High Court first. The union approached the Delhi High Court on Monday and the case would come up for hearing this week, he says.

A joint party of the police, the Army and the CRPF nabbed the two militants, who were riding a mnotorcycle. Tribune file

Srinagar, October 16

Security forces have unearthed a militant module with the arrest of three ultras from Kulgam district of Jammu and Kashmir.Kashmir Inspector General of Police Munir Khan on Monday said three militants–two from the Lashkar-e-Toiba (LeT) and one from the Hizbul Mujahideen–were arrested over the past three days from south Kashmir.“On October 14, two terrorists with the intention to snatch weapons of personal security guards of a protected person fired a few rounds at Kund in Qazigund area. But they had to beat a retreat due to the hue and cry raised by locals,” Khan told reporters here.

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He said on receipt of this information, a joint party of the police, the Army and the CRPF established a check point and nabbed the two militants, who were riding a mnotorcycle.“They were identified as Khursheed Ahmad Dar and Haziq Rather. One pistol, some ammunition and a live grenade were recovered from their possession. They belong to LeT,” he added.Khan said an over-ground worker of militants–Rameez Yatoo, who worked in a medical agency in Kulgam, was arrested.“Arms and ammunition were recovered from his home. He had helped the militants in carrying out the attack on the police vehicle at Damhal Hanjipura on Saturday in which one cop lost his life,” the IGP said, adding that the attack was carried out by militants of Hizbul Mujahideen.Khan said the offer of surrender to local militants still held good. “They should lay down their arms and we will provide all support in rehabilitating them.”Police on Friday had arrested a Jaish-e-Mohammad militant, who was involved in the attack on a cavalcade of works minister Naeem Akhtar last month, from Tral area of Pulwama district. PTI

IGP, Kashmir, Muneer Khan (left) and CRPF IG Zulfikar Hassan address the media in Srinagar. Tribune Photo: Amin War

Tribune News Service

Srinagar, October 16

Security forces in Kashmir on Monday made a renewed offer of surrender to local militants even as three local militants were arrested in the past few days.“We again appeal to local militants to surrender and live a normal life,” Inspector General of Police, Kashmir, Muneer Khan said at a press conference in Srinagar.He said they would fully support the local militants who surrendered before the security forces, even during gunfights.“Even if they surrender during encounters with the security forces, we are ready to accept such surrenders,” Khan said.Senior security officers had last month also made a joint appeal to local militants to surrender. The CRPF IG (Operations), Zulfikar Hassan, who was present during the media briefing, said they were appealing to local militants to not come under the influence of foreign militants.Khan said three militants, including two from the Lashkar-e-Toiba and one from Hizbul Mujahideen, were arrested in the past three days from south Kashmir. The three militants were today presented before the media.The IGP said the two Lashkar militants Khur sheed Ahmed Dar and Haziq Rather who tried to snatch weapons from the guards of a protected person in Qazigund, Kulgam, were arrested on October 14 in a joint operation.Khan said overground worker Rameez Yatoo, who helped militants of the Hizbul Mujahideen carry out the attack on a police vehicle at Damhal Hanji Pora in Kulgam, was also arrested.“Yatoo works in a medical agency in Kulgam. Arms and ammunition were recovered from his home,” the IGP said.On the mysterious braid-chopping incidents in Kashmir, the IGP said they had begun scientific investigation in such cases.“There is no cooperation from the victims or from their families. We have started scientific examination of the cases,” Khan said while ruling out the need for lie-detector test of the victims.Khan said SSPs and SHOs had been instructed to collect the samples of blood to know about the chemical used for making the victims unconscious.Inputs on Musa

• IGP, Kashmir, Muneer Khan said the police were analysing the input that radical militant Zakir Musa had held a meeting with a group of foreign Lashkar-e-Toiba militants in Budgam district who had infiltrated recently into the Valley
• “We are verifying the inputs about the meeting,” Khan said
• On braid-chopping incidents in Kashmir, the IGP said they had begun scientific investigation in such cases

Majid Jahangir

Tribune News Service

Srinagar, October 15

At least 70 militants have infiltrated into Kashmir from Pakistan-occupied Kashmir so far this year.According to the Multi-Agency Centre, 70 militants, mostly from the Lashkar-e-Toiba and Jaish-e-Mohammad, had managed to sneak into the Valley this year, sources said. MAC is a nodal agency that comprises security and intelligence officials for assessing the ground situation.“Infiltration attempts are being constantly made. The Army has been able to eliminate at least 60 militants along the Line of Control in Kashmir. However, 70 militants have been able to sneak into the Valley,” the sources said.However, a senior Army officer said the ground input was that around 45 militants had managed to sneak into the Valley.“According to the Army and police assessment, around 45 militants have managed to infiltrate into the Valley. There is some discrepancy with the MAC figures and that is being looked into,” the senior Army officer said.However, he maintained that infiltration figures were less than last year’s.At least 87 militants had managed to enter the Valley till September last year, and the number went to 112 till the end of the year, the highest since 2012.The Army officer claimed that militants from across would be now be making desperate attempts to sneak into the Valley as snow closes the mountain passes along LoC in the region for the next five or six months of winter.“We are expecting more action along the LoC as more attempts will be made to push militants in the coming months,” the officer said. “We may also see BAT action close to the LoC and we are ready for the challenges. Recently, three BAT attacks were foiled along the LoC in Kashmir.This year 166 militants, including top commanders of the Hizbul Mujahideen, Lashkar-e-Toiba and Jaish have been killed by the security forces this year so far. There are over 220 militants active in Kashmir.