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Tribune News Service
Mandi, November 23

The Border Road Organisation (BRO) has cleared snow from the road across Rohtang Pass after some Lahaul villagers tried to use an under-construction tunnel as an alternative earlier this week.

About 60 villagers heading towards Manali entered the tunnel “forcibly” on Monday and some of them fell unconscious in the middle due to lack of oxygen, officials said.

The Leh-Manali road usually closes for winter around February 15, but this year early snowfall forced authorities to stop traffic from November 15 onwards.

Chandigarh-based BRO Additional Director General (ADG) Mohan Lal made it clear that this would be the last time the snow was being cleared this season. He said it would be a last opportunity this season for those wanting to cross the Rohtang Pass by road.

Talking about an under-construction 8.8-km Rohtang tunnel, which will provide an alternative all-weather route across the pass, she said it is not safe for general movement as of now.

In September, over 350 people, who were stranded in Lahaul-Spiti district due to heavy snowfall, were rescued and brought to Manali through the tunnel.

Lahaul-Spiti DC Ashwani Kumar Chaudhary said people with medical emergency would be sent across the tunnel but strict legal action would be taken if somebody will enter the tunnel forcibly.

Rescue posts have been set up on either side of the Rohtang Pass to monitor safe movement of vehicles after snow clearance, he said. With PTI inputs

Despite efforts of the Indian Army to fast-track the procurement of small arms, the Ministry of Defence (MoD) is considering to issue a fresh request for proposal (RfP) for the procurement of 93,895 close-quarter-battle carbines (CQB), a deal worth $553.33 mn.

The procurement of 93,895 CQB for the Indian Army had run into rough weather.

Despite efforts of the Indian Army to fast track the procurement of small arms, the Ministry of Defence (MoD) is considering to issue a fresh request for proposal (RfP) for the procurement of 93,895 close-quarter-battle carbines (CQB), a deal worth $553.33 mn.

The Indian Army which has been trying for long time to replace age-old ‘INSAS’ rifles which has reliability issues, has so far failed in finding the right replacement either from foreign OEMs or from the Ordnance Factory Board (OFB).

After receiving a series of complaints against Caracal of the UAE which was shortlisted as the lowest bidders for the CQBs, from the other bidders including French Company Thales and S&T Motiv of South Korea, the MoD is mulling on cancelling the previous RfP.

Read | Procurement of 93,895 close-quarter-battle carbines for Indian Army, a deal worth $553.33 mn runs into rough weather

As has been reported earlier by FE, a nine-member committee headed by an Army brigadier has been receiving complaints regarding non compliance of Caracal of UAE.

The UAE Company has failed to submit its response as per the format of the commercial bid and the amount of Rs 70 crore was not reflected in the bid format which is used for determination of L1 vendor.

Concerns have also been expressed to the nine member committee about the ability of Caracal to supply 96,000 weapons within a period of 12 months as required under the RfP.

Officials confirmed that the UAE based company started its commercial production in 2014 and till date does not have a lot of orders to indicate that it has the capacity to produce 93,895 CQBs.

Adding, “This, in turn will also impact the life cycle of the weapon as the company has no previous data to establish the reliability of the CQB.”

As has been reported earlier, the procurement of 93,895 CQB for the Indian Army had run into rough weather, when after stiff evaluations two companies — Caracal of the UAE and S&T Motiv of South Korea —had been declared non-compliant by a nine-member committee headed by an Army brigadier.

This left Sig Sauer of the US, Kanpur-based MKU with French company Thales in the race.

Caracal of the UAE and Reliance Armaments with S&T Motiv of South Korea were competing for this deal. It may be recalled that the Embassy of South Korea in New Delhi had protested against being declared non compliant in spite of meeting all the requirements laid down in the request for proposal.

The nine member team had gone to facilities of the competing companies before being invited for the extensive trials in India for testing with the Indian ammunition and in different terrains and temperature.

Representatives of the S&T Motiv, producers of small arms for the last four decades were part of the delegation when South Korean President Moon Jae-in had visited India in July. The company had offered to transfer technology to produce the CQBs under Make in India initiative when the defence minister of that country had visited close on the heels of President Moon Jae-in.

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Srinagar, November 16

General Officer Commanding (GOC) of 15 Corps Lt Gen AK Bhatt on Friday felicitated the players who won medals at the recently concluded World Kickboxing Championship in Argentina.

Hashim Ashraf and Aabid Hamid of Army Goodwill School, Hanzik; and Abrou Bashir and Irshad Ahmad Ganie of Army Goodwill School, Bandipora; achieved a tremendous feat by bagging top medals. Aabid bagged the gold medal by outperforming his opponents. In the closely contested finals, Hashim, Abrou and Irshad bagged silver medals after losing by slender margins.

During the felicitation ceremony at Badamibagh Cantonment, Lt General Bhatt interacted with the players and their parents, an Army statement said. “The Chinar Corps commander also assured them continued support from the Army to help them achieve greater laurels,” the statement added. — TNS

India has invested $2 billion in the development of Afghanistan and committed another $1 billion in aid. All it has got in return is the goodwill of Afghans. India does not exercise any influence in shaping policy like Pakistan does. It is true the road to peace in Afghanistan runs through Rawalpindi.

IMRAN Ahmed Khan Niazi got a second chance to redeem himself as Prime Minister with the Asia Bibi judgment. This is an opportunity he grabbed with a state-of-the-nation address where he put the mullahs opposing the judgment on notice. In September, the newbie PM had muffed up the first opportunity by giving in to demands of the mullahs to exclude a noted economist but an Ahmadi from his economic advisory council. In the Asia Bibi case, the mullahs might have left their flanks open by calling for the murder of Supreme Court judges and urging all ‘Muslims’ in the Pakistan army to revolt against the apex court’s judgment. With the army apparently by his side, Imran Khan, on the other hand, had secured his flanks.

If the desultory action by the zealots in the bazars of Pakistan is an indication, Imran might have the upper hand so far. His stern and unyielding address with smart juxtaposition of Islamic ideals may have struck the right note with the masses. In one stroke, Khan endeared himself to the West, but also assuaged Beijing’s concerns about the overflow of radical Islam from Pakistan into Xinxiang province after the operationalising of the China-Pakistan Economic Corridor.

Khan’s backing for the legislature has important lessons here in India where the Supreme Court’s handling of Sabarimala and Ram temple cases is being questioned on the streets. In both cases, the protagonists are hamare log. But Khan has drawn a clear line between dissent and hooliganism by observing that ‘the thugs cannot hijack this country in the name of Islam and they will be treated accordingly if they mess with the state’. Since the mullahs are the Pakistan army’s strategic assets much like gau rakshaks are indispensible for the Hindutva forces here, it remains to be seen if Imran’s divorce from them is irrevocable. But the stirrings of a ‘Naya Pakistan’ are in the air. If Imran stays the course , not only Pakistan, but also the region will benefit.

Srinagar, October 30

The National Investigation Agency on Tuesday carried out raids at three residences of absconding businessman and Hizbul Mujahideen militant Nasir Safi Mir and his family at Lal Bazaar area here in connection with a terror funding case, officials said.

Mir, 48, is accused of funding Hurriyat leaders and believed to have fled the country after jumping bail, they said, adding that the raids were carried out nearly 10 months after the case was re-registered by the NIA.

Details of the raids were not immediately available as the NIA teams assisted by Jammu and Kashmir Police and para-military forces were in the process of collecting documents from the three places where the raids were conducted, they said.

The NIA probe is likely to ascertain how Mir alias Babul managed to secure a passport from a southern state which he allegedly used in Nepal to leave for Europe in October 2008.

A resident of north Kashmir, Mir allegedly used carpet trade and later a money exchange business in Dubai for sending hawala money to separatist leaders in Kashmir. He was arrested from Lajpat Nagar by the elite Special Cell of Delhi Police on February 3, 2006. The police had seized Rs 55 lakh in cash and explosives from him.

During his trial, Mir managed to secure bail on a plea that his mother was ill.

Mir, who the investigators believe was based in Dubai and owns a carpet showroom and money exchange firms in the gulf, regularly reported to the nearest police station while on bail till early October 2008.

But after that, he failed to turn up at police stations or in court for hearings.

According to intelligence inputs, Mir reached Dubai in 2011, making a detour through countries in Europe and Libya.

Mir, against whom a non-bailable warrant was issued in 2009, travelled to Nepal from India, and then used the forged passport to fly out, the officials said.

A resident of Lal Bazaar on the outskirts of Srinagar city, Mir dropped out of school in 1983 to get into the carpet business. He continued with the trade till 1990 after which he shifted to the national capital and started living in the Lajpat Nagar area of south Delhi.

In the late 1990s, he went to Dubai after his father was arrested for alleged links with militants.

Mir had also told investigators that in Delhi he first opened a firm, Kashmir Master Computers, after which he set up a company, Failala, but closed it in 1998.

In 1999, he started a firm called Idekas and then opened an information technology company, he had said.

Police found that in 2002, Mir had opened two money exchange companies, Reems Exchange and Cash Express, in Dubai, which were allegedly used as a stopover for money being pushed in from Pakistan for terrorist funding in Jammu and Kashmir.

The Enforcement Directorate (ED) had in 2014 attached Rs 55 lakh that had been seized from Mir.

He was subjected to extensive interrogation by central security agencies during which he allegedly spoke about his links with separatists groups and banned terror outfit Hizbul Mujahideen.

According to the ED attachment order, the cash which was in the custody of the Special Cell was “proceeds of crime of terrorist funding and money laundering and hence stands attached”.

This is the first major action against terror funding in the country under the stringent provisions of money laundering laws where the onus is on the accused to prove that he or she is “not guilty”.

The attachment of cash or properties under the Prevention of Money Laundering Act (PMLA) is aimed at depriving the accused of the benefits of the assets earned unlawfully. PTI

Army chief General Bipin Rawat said a mammoth drill is being undertaken to change the complexion and direction of the 1.2 million- strong force and transform it into a deadlier fighting machine fully prepared for future.

“Let me be clear that we cannot fight the next war like we fought our last,” said General Bipin Rawat in an exclusive interview, explaining the significance of the biggest exercise in independent India’s history to restructure the army and why it tops his priorities as army chief.

The mammoth drill, based on four comprehensive studies led by the army’s topmost generals, will change the complexion and direction of the 1.2 million- strong force and transform it into a deadlier fighting machine fully prepared for future wars, Rawat added.

So what’s on the menu?

The army chief said the implementation of the four studies in their totality would reduce troops (by about 100,000), allow the army to tap technological advances in warfare, create integrated brigades that can be mission-deployed swiftly, cut down the size of the army headquarters, improve the army’s tooth-to-tail ratio and enhance career prospects. “We have to change as the nature of warfare is changing. New structures have to be created incorporating modern technology. That’s the way forward. These changes, reforms, will not happen overnight, but they will happen,” said General Rawat, in his first public comments on the restructuring drive.

All four studies have reached the army chief’s desk in his South Block office and the first, Reorganisation of the Army Headquarters, will be sent to the defence ministry for approval soon and the restructuring could kick off early next year. The remaining three — Reorganisation and Rightsizing of the Indian Army, Cadre Review of Officers and Review of Terms of Engagement of Rank and File — will come up for government approval by the middle of 2019, Rawat said. The studies are being validated.

The army chief said he discussed the studies comprehensively with his seniormost commanders at the recently-concluded Army Commanders’ Conference and that everybody is on the same page.

He said a proposal in one of the studies to abolish the rank of brigadier to smoothen career progression did not find favour within the force; the one-star rank would stay, he added. “We are trying to figure out a formula that allows the brigadier’s rank to stay and still leaves room for improved career progression,” he said.

One of the proposals being considered is to promote colonels directly to the rank of major general and those approved for the two-star rank would first be assigned to command integrated brigades as brigadiers before they go on to command divisions as major generals.

“You can call these integrated brigades lighter divisions or heavier brigades,” he said.

The army could cut over one lakh troops over the next three to five years and some of them could be assigned new roles in domains such as cyber, information and psychological warfare, said Rawat.

“It will result in saving money that can be used for upgrading capabilities. A jawan costs the army Rs 6-8 lakh a year, compared to an officer who earns Rs 20-22 lakh annually. Simply put, cutting down four or five officers will help save a crore,” Rawat said.

“And if the army is saving that money, it should come back to it for taking up modernisation projects. We have limited resources. I will call it rightsizing the army to strengthen its capabilities,” Rawat said.

The troop reduction is likely to be achieved through restructuring different parts of the army, including directorates at the army HQs, logistics units, communications establishments, repair facilities and other administrative and support wings. The restructuring of the army seeks to streamline the procurement process too.

“That’s part of the army headquarters restructuring. And it is a very important facet of the restructuring that we are talking about. We are creating structures at the top levels that will help provide the right equipment to the right troops,” Rawat said.

“For example, if the army wants to buy rocket launchers (RL). It is basically an infantry weapon. That means the infantry should get top-of-the line RLs. But if an engineers’ unit wants RLs, that’s primarily for illumination and not for direct strike. So they can also be given a good RL but the infantry deserves the best because of the job it does. The same goes for assault rifles and other weapons,” he said.

Former army chief General Deepak Kapoor (retd) said several western armies had restructured their forces keeping emerging battlefield scenarios in mind and the Indian Army should also explore if such models could prove useful.

“Modern armies are doing away with large-sized formations as future wars will be fought differently. We are talking about space-age weapons, precision targeting, battlefield transparency and other critical dimensions of warfare. So we need to examine restructuring issues in detail,” said Kapoor, who was at the army’s helm during 2007-10.

Lieutenant General AB Shivane (retd), who was heading the army’s mechanised forces directorate until last December, said the restructuring exercise was a positive and relevant development but there are some caveats.

“There has to be absolute clarity about the outcomes, which have to be discernible and benchmarked with time. It must also relate to the overall national security strategy framework. And rightsizing must have a tri-service flavour,” said Shivane, who was involved in a study on rightsizing and rebalancing of the army in 2014-15.

The army’s restructuring was kicked off on a small scale last year.

In August 2017, the government announced that 57,000 soldiers would be redeployed in combat roles to sharpen the force’s fighting edge. This was done following the recommendations made by the Shekatkar committee on enhancing the army’s combat potential and trimming its revenue expenditure.

The committee also listed out measures to bring down the budget for meeting day-to-day expenses and making more money available for weapons and equipment.

The restructuring of the army headquarters will see the role of the Director General of Military Training being given to the Shimla-based Army Training Command and Director General of Rashtriya Rifles being moved to Jammu and Kashmir under the Udhampur-based Northern Command.

On October 13, the GCM pronounced its verdict and held seven persons guilty. Life imprisonment was awarded to Major-General AK Lal and six others

Ajay Banerjee in New Delhi

SOMETIME in the middle of July this year, the Army commenced General Court Martial (GCM) proceedings to try a major-general and six others for an alleged extra-judicial killing carried out in Tinsukia, Assam, in 1994. The case came to be known as the Dangari Fake Encounter.

Before the GCM was commenced, the Army sought permission to try these officers and men under the Army Act, 1950. This was allowed despite the CBI having already filed a chargesheet in the Guwahati High Court under an FIR (RC-4/S/2000-CAL) lodged by its Kolkata unit in 2000.

On October 13, within three months, the GCM pronounced its verdict and held seven persons guilty. Life imprisonment was awarded to Major-General AK Lal, Colonel Thomas Mathew and Colonel R S Sibiren and junior commissioned officers (JCOs) and non-commissioned officers (NCOs) Dilip Singh, Jagdeo Singh, Albindar Singh and Shivendar Singh.

Assam Chief Minister Sarbananda Sonowal, who had taken to the streets demanding justice almost quarter a century ago, welcomed the verdict saying, “It will give solace to the families of the victims…. The Army has worked in a fair manner and without any prejudice”.

The ‘limitation’ loophole

On the face of it, the verdict looks like speedy justice. Officers who have served in the Army’s Judge Advocate-General (JAG) branch are skeptical. They say the accused can use the ‘loophole’ created by the conduct of the GCM. They can easily cite ‘time limitation’ as applicable under Section 122 of the Army Act. A GCM cannot be conducted after three years of ‘the competent authority having acquired knowledge of occurrence of the event’. Since the CBI lodged the FIR in 2000 and filed a chargesheet, the facts would have been communicated to the Army.

Col NK Kohli (retd), who has served in the JAG branch, says: “Based on the facts that have come out in the media, the case pertains to 1994 while the CBI registered an FIR in 2000. The ‘time limitation’ — of three years — will start from the day the Army (the competent authority) acquired knowledge of the case. It’s beyond comprehension as how the Army had no knowledge of the case since 2000 when the CBI filed a charge sheet in the court”.

Another expert on legal matters of the Army, on condition of anonymity, cited the case of Colonel Rajvir Singh vs Ministry Of Defence. In his case, the Supreme Court said the Army Commander of Central Command knew of the case as on May 2007 and the GCM was convened in August 2010. The SC in 2012 said it was clearly beyond the period of three years, and hence barred in terms of Section 122.

“One feels sorry to see a trial on such serious charges being aborted on grounds of limitation but that is the mandate of the law,” the order said.

Insiders who understand the legal system say it would have been better to allow the Guwahati High Court to go ahead with the CBI charge sheet as it would not be barred by time-limitation.

The findings of the GCM will have to be confirmed by the Army’s higher authorities — the Eastern Command at Kolkata and the Army headquarters in Delhi. They can agree, partially agree, or even disagree on life imprisonment verdict. The accused can then file an appeal against the verdict in the Armed Forces Tribunal and follow that up with case in the Supreme Court.

What is the case?

Nine activists of the All-Assam Students’ Union (AASU) were picked up by 18 Punjab Regiment from different places in Doomdooma in Tinsukia from February 17 to 19, 1994. Five of the activists — Prabin Sonowal, Pradip Dutta, Debajit Biswas, Akhil Sonowal and Bhaben Moran — were allegedly gunned down near the Dangari river. The Guwahati High Court, which heard a habeas corpus plea, ordered the Army to produce the nine activists at the nearest police station. Statewide protests followed as five of the nine had died. At that time Sonowal, the now Assam Chief Minister, was president of the AASU. The matter was handed over to the CBI at the behest of the court.

Revisiting Army justice

A five-member committee of experts that had Lt-Gen Mukesh Sabharwal (retd), a former Adjutant General of the Army and Lt-Gen Richard Khare (retd), a former military secretary, suggested radical changes in a report in 2015. The committee was tasked by Defence Minister Manohar Parrikar to review “service and pension matters, including potential disputes, minimising litigation and strengthening institutional mechanisms related to redress of grievances.”

Citing the Army and Air Force Acts in 1950 and the Navy Act in 1957, the committee said, “These were enacted soon after Independence and reflected the mindset of a force of occupation. These were modelled on provisions of the Crown.”

“The independence of judiciary and separation of powers in the civilian set-up in letter and spirit, which, even as on date, remain a far call in the military”, it said adding, “We have ad hoc juries comprising non-judicial and non-legally trained members”. It was referring to how a GCM is conducted by a serving military officer, who may or may not have legal grounding.

The committee suggested provisions making military justice independent and totally insulated from influence of higher ups in the chain of command.