misguided vigilantism to initiate a PIL-‘SC ends impunity for armed forces in disturbed areas’ -MUST READ

The Editor Hindu b) Mr Krishnadas Rajagopal Dear Sir-Jees, This refers front page news in Hindu ‘SC ends impunity for armed forces in disturbed areas’ on Sat 9 Jul, by Mr Rajagopal. http://www.thehindu.com/todays-paper/sc-ends-impunity-for-armed-forces-in-disturbed-areas/article8825946.ece The misguided vigilantism to initiate a PIL on their own, by Justices MB Lokur and UU Lalit, reeks of ‘Judicial Activism’ beyond the call of duty and beyond the powers vested in them, or even the powers of Supreme Commander (Shree Mukherjee-Jee) who appointed the two judges to SC. If Mr Rajagopal’s reporting is factual, then he missed the woods from the trees and forgot to mention that these two judges just usurped the constitution of India !!! You see, the Army/AF/Naval Acts (with mandatory provision of ‘Armed Forces Special Powers Act’ (AFSPA), if they are called upon to perform Internal Security Duties - ISD), they are non-violable, mandatory and theImmunity is enshrined and protected by the constitution. Is SC empowered to rewrite the constitution ? Or is BJP trying to change the Army Act instead of article 370 which they promised to do as election gimmick ? I request you to kindly confirm whether the judges said ‘Impunity’ or did they say ‘Immunity’ ?? If Mr Rajagopal purposely substituted the former for the latter, it is nothing but murderous and mischievous slander of the Indian Army, with absolute malafied intent to project the armed forces as bad men, and not the strongest pillar that supports the republic. If the judges did indeed say ‘Impunity’, then we need to hire English tutors for the two judges to teach them the meanings of the two words, or send them to Doon School to relearn sense of propriety and jurisprudence. On page 12 of the same day’s paper, there is another very illuminating article by Iboyaima Laithangbam (quite a mouthful) about ‘Victims’ families in north-east hail AFSPA directive’. http://www.thehindu.com/news/national/victims-families-in-northeast-hail-afspa-directive/article8825014.ece The report quoting Meihubam Rakesh, Director Human Rights Law Network (NGO ?) talks of 1,528 missing persons on account of actions by Police or Para Military (Assam Rifles, BSF, CRPF…etc), which perhaps prompted the SC’s ‘Judicial Activism’. What Hindu did not mention is that Mr Meihubam is complaining about the police, IB and para military; not the Indian Army. Though the police and para military go around wearing the same types of uniforms and carry the same kind of weapons, they are as different from the Indian Army as chalk is to cheese. What a tragedy that the Indian public now cannot even distinguish Ravan from Ram. For the kind information of the two Judges and Mr Rajagopal, the police / IB / para military (henceforth referred to as ‘Puleez’) does what they do, not under AFSPA, but a totally different draconian covert ‘Impunity’ called M-Coca (Maharashtra Control Of Organised Crime Act ). M-Coca is a highly unconstitutional power given to Puleez to loot, murder, arson and rape, stage encounters, whatever, with Impunity. They don’t need ‘Immunity’, the state protects their actions because they do it not to protect the state or public, but appease the Politicals or Babus, at their beck and call. The army has no such impunity, they didn’t have it even when they fought the 71 war. Can you believe that there was not a single complaint of human rights violation against the army in that war, even though the army had the Pakis on their knees begging for mercy. There was not a single case of unjustified violence when the para military was placed under command of the army. But why would the MoH want to let their dogs out ? If I am permitted to draw a comparison, the current Puleez, under MoH, was formed by BM Mullick (IB man) & Khusro Rustamji (police man) for political machinations of the Nehru Gandhi family (which the BJP and other mish mash political groups at state level are now gleefully utilising for same purpose). Out Puleez is like the German Schutzstaffel (SS),infamous ‘Protection Squadron’ or theEinsatzgruppen ( ‘task forces’, ‘political para military deployment groups’) formed by Heinrich Himmler under Hitler. Our Puleez were given backdoor legitimisation (Impunity) under M-Coca. So it is the M-Coca that the SC judges should have addressed to stop ‘Impunity’to them. And not immunity afforded by AFSPA to the armed forces if they are justly or unjustly called by politicals or Babus for IS duties, which is not the army’s job, but forced to do because politicals / Babus / Puleez have driven a group or a state to complete anarchy. If India has survived the innumerable secessionist activities, still functional as a republic, it is because of the army, not because of our kind of politics and judicial activism or the goodness of the law & order maintained by the Puleez. As Modi did in J&K to win votes, I suppose the Army is being made the sacrificial lamb to have Iftar party and win votes in the north east too. The most brilliant part was unfortunately not on front page, but on page 12. Hindu should have given a field day to Mr Ramgopal, the entire front page, there was after all nothing else interesting or earth shaking, except killing of 5 policemen in Dallas, for which Hindu had remarkably more sympathy than the Indian army. ‘Killing an enemy is not the answer’, it said on page 12 to obfuscate and emulate the brilliant Dr Goebbels, father of psy war, targeting Indian army. http://www.thehindu.com/todays-paper/tp-international/killing-an-enemy-is-not-the-answer-sc/article8825977.ece. Once again the judges and Mr Rajagopal didn’t seem to know the difference between Puleez and the term ‘Armed Forces’ which exclusively means Army/Navy/AF under MoD and not puppy Puleez under MoH. The paper quotes Justice Lokur, ’Even if proved that a person (man/woman/child) was an enemy in the act of unprovoked aggression’ (like running forward with finger on the trigger of an AK-47/Grenade/IED), killing the enemy is not the only solution’. Is that what Gandhi said while sermonising Ahimsa as the swan song for Indian independence ?? So what does the Judge Sahiban recommend as an alternate ? ‘It is not the encounter or the operation which should be under scrutiny, but the smoking gun’. ‘Vah Bhai Vah, Lokur sahib, Kya jurisprudence bola hai tum ne, Mogambo Khush Hua’ !! ‘ Ati Shresht, kahang se mila itna wit aur wisdom ?’. It doesn’t didn’t stop there. ‘There are several dos & don’ts in the defence forces rule book and there is no justification what so ever for breaching these rules of combat and conduct’. As per you the army must now destroy all its weapons and use a fly swat as the weapon of mass destruction, part of latest cold start doctrine against terrorism as well as secessionists who throw stones with the deadly accuracy of an RPG. In today’s Hindu the headlines say Wani’s death triggers fury. http://www.thehindu.com/todays-paper/wanis-death-triggers-fury-11-killed-200-hurt-in-kashmir/article8829896.ece. That 96 armed forces personnel were injured though only 11 political demonstrators who were trying to kill men in uniform were killed in retaliatory fire and just 23 were injured. Does that say something about the rules of engagement of the army, of killing a fly with a sledge hammer (as the Judge said), or did they use a fly swat ??? Why don’t all of you go take a look at what is happening in Kashmir and in north east instead of sitting on your butt in air-conditioned office and pretend to be judges and journalists ?? Pathetic, absolutely disgusting. As a veteran and senior citizen, I wish to strongly recommend to the army…….. a) CoAS to seek re-appeal to put these two judges in their place. This time send some smart officer from the Jag branch to argue the case instead of some scum hired by MoD Babudom to ensure such filth is thrown purposely to ruin the image of the army, cheap gimmicks to win votes in NE. b) Don’t do IS duties unless you have immunityunder AFSPA. I would not like to see the Generals being hung on India gate like they did to Slobodan Milošević for war crimes. Withdraw the army from Siachen, J&K, NE and Chatisgarh, where eever they are doing ISD. Send them to rest & recuperate in A class cities. The poor soldiers, they need their well-earned R&R. c) No matter which change you make to army uniform, the Puleez will copy it immediately. You see, it matters to their self-esteem to be dressed like the army, to gain Impunity. So go find a uniform which they will find it below their dignity to copy – perhaps go around wearing just W front underwear, nothing else, hang the medals in front of the crotch and a board around your neck in bold Ariel 90 font saying ‘Army’. We have to find a way to make people recognise Ram and Ravan, Indian Army from ‘Char Anna’ Puleez. If wearing W front or Langot, and nothing else, and a board around the neck is the only way, so be it. If we can walk with pride wearing a uniform, we can walk with pride even naked, just make sure that people can discern Ram & Ravan. d) Leave rifles behind, get killed, doesn’t matter, to do and die is our proud tradition. For heaven sake, carry a fly swat and give a sound thrashing to anyone who disturbs peace, put up banners saying ‘ZERO TOLERANCE’. Thrash the politicians first, then the reporters. Terrorist with AK-47 will run away when they see you coming at them with the fly swat, in W front or Langot, oily slippery bodies, like erstwhile ‘Dakus of Jagadri’ . Do it to the Chinese and Pakis too !!! PS: I am certain that Hindu will not publish the above letter to the editor. I shall be satisfied if the editors and reporters will make a serious effort to revert to their old reputation of reporting ‘dog bite man’ stories just as it is, rather than get after the armed forces to find ‘man bite dog’ stories. My dear fellows, Army is our best asset and try not to give them a bad smell. Not done and totally unacceptable. God bless India. div dir