Now the Army personnel are
making a collective attempt to
thwart and defeat this judicial
process and the righteous
aspirations of the people of north-
eastern states and J&K state
against AFSPA and extra judicial
killings by way of filing petitions in
the Supreme Court against
‘procecution’ of the army personnel
involved in those crimes. Such an
attempt is being made syste-
matically by the army personnel.
In the name of presenting their
view on the cases relating to
AFSPA, their “sense of worry” and
their foreboding sense of the
unending “tightening of hands”
(their) 700 army officers and other
personnel-75 officers including a
brigadier-filed petitions (two) in the
Supreme Court against a so-called
“an attempt to dilute the provisions
of the AFSPA”.
This collective petition follows
a similar plea filed by the father of
an army officer (Major), who
approached the SC after an FIR
was lodged against his son by the
J&K police for killing a civilian in
army firing in Shopian.
Such a united move by the
personnel of the army is
unprecedented in the history of the
army, where collective action is
bannered. Even in other govern-
mental services including, semi-
state-government services like
APSRTC’ the conduct regulations,
Fundamental Rules or standing
orders such a collective action is
treated as serious misconduct. But
in the present case of army
personnel filing a collective petition
is ‘liberally’ viewed by the present
day NDA rulers, whose defence
minister indirectly supports the
move of army personnel by stating”
I,(Nirmala Seetharaman) have no
“grudge” a group of Army officers
who have approached the Supreme
Court to present their views on
cases relating to “AFSPA.”
“grievance redresses is a right. I
will never want to say if you have a
October - 2018
grievance, you should not voice it.”
.. “There are institutional
mechanisms
available
for
grievance redressal with in the
Army, Navy and Air force…. But in
the case of AFSPA, they have
chosen to go to the court, there is
a certain sense of worry in the
minds of men and officers… we are
speaking up for the men and
officers who are on the field and
that is why the Advocate General,
Attorney General appear (in the
Supreme Court) on behalf of the
government’s position”.
With such a “liberal” and “fair”
posture the NDA rulers are
justifying the act of Army official and
personnel collectively filing a
petition in the Supreme Court
against the prosecution of those
who killed the innocent civilians
under the protection of the
umbrella of AFSPA. By this we can
safely conclude that the NDA rulers
themselves are inciting and
supporting the army personnel
against revocation of AFSPA and
the misuse of the act by trigger
happy personnel killing, raping,
maiming and looting public and
citizens with impunity unquestioned,
unchecked and unaccountable
and at their behest the army is
acting in opposition to the
aspirations of the people.
In order to grab such
unquestionable immunity for killing,
maiming, raping and looting the
people, the army personnel have
filed petitions in the Supreme Court
against the prosecution of the
criminal army personnel. To
achieve this and they argue that
“since
they
believe
that
sovereignty, security and integrity
of the nation is at higher pedestal
than even the Constitution of India
and is actually the foundation on
which we exist, survive, sustain and
prosper as nation” and since they
(the officers) are new facing
confusion
and
countering
questions them the soldiers under
their command, as to whether they
are supposed to continue to
engage the proxy war and
insurgency… and operate as per
the yardsticks of peace time
operations, law and order issues
and Cr.P.C”. They also argue that
“if the armed forces are not given
the protection they require to
engage with their bonafide duties,
it would cause grave peril to our
sovereignty and integrity, thereby
and endangering, our very
existence as a constitutional
sovereign democratic republic”.
They also argue that “the civil
police or even the CBI can’t be
expected to be in the know of the
complete picture (of a soldiers
functioning and operations in
extraordinary circumstances of
proxy war, insurgency, armed
hostility, covert and overt
operations”.
By depicting such lofty
slogans, beliefs and grand
terminological
clichés
the
petitioners (Army personnel) want
to be kept above law and the
citizens of the land with whom our
supposed republic is composed.
The supporters of this
argument of army personal argue
that since Indian military is tasked
additionally to their job of
countering internal disturbances. In
cases like J&K, civic disturbances
like Panchakula or in providing
relief operations like the recent
flood-hit Kerala and that there is
also no additional rupee in the
soldiers pay structure to working
under AFSPA covered areas
exclusively and since the efficacy
of military is guaranteed even at
the potential cost of paying the
“ultimate price” by its perosnnal and
since the operational sensibilities
governing AFSPA areas are not
applicable non-AFSPA for the
military-they shall not be
prosecuted for killing, maiming,
raping and looting innocent
citizens.
In fact the FIR’s filed against
certain army personnel are not at
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