Monday, May 22, 2017

ARMED FORCES & JUDICIAL OVERREACH : Do reconsider, My Lords...

SOURCE:
http://www.tribuneindia.com/news/comment/do-reconsider-my-lords-/410620.html




                    ON GUARD

    : The Indian Army is responsible

                            and 

     acts only when it absolutely must.











        Do reconsider, My Lords...

                               BY

        Lt Gen Vijay Oberoi (Retd)



Judicial overreach in some cases puzzling





WE in the military and,  indeed, the bulk of the citizens of the country, have always looked upon the higher judiciary with great respect. Despite a few ‘bad apples’ in its midst, which were recently found to be infested with the proverbial worms, the sagacity of the higher judiciary continues to be admired. 



Lately, however, the overreach of the judiciary is puzzling to say the least. I feel it a duty to draw the attention of the honourable Lordships to some jarring judgments that have upset a large number of citizens, particularly the men and women who belong to the uniformed fraternity. 


My Lords, let me start by your recent judgment on lodging FIRs against Army personnel who kill a terrorist, insurgent, militant, or any person breaking the law of the land while carrying out assigned tasks of neutralising any and everyone who is spreading mayhem, panic, attacking the military or other uniformed personnel and civilians too; or destroying government or private property.


My Lords, being highly learned, I am sure you are aware that the Army, personnel of the Central Armed Police Forces, state armed police and other police personnel deployed in J&K are waging a new and extremely difficult kind of war against insurgents of all kinds, in areas that are highly disturbed, at the express behest and full support of a dastardly neighbour, well-known for its hatred for all things Indian. 


Your Lordships must be aware that this is a war against an unseen enemy, who sticks to no rules of war or high-grade conflict; who is religiously motivated by self-serving religious heads, even to the extent of committing suicide because that is what their motivators, trainers and leaders have drilled in their heads over and over, till they have shifted from thinking men and women to zombies of the worst kind.


I am certain your Lordships are also aware that the Indian Army is fighting this vicious war under the rubric of ‘Aid to Civil Authority’, a well-known and formalised doctrine for the Army’s secondary role. The important tenets of this doctrine are ‘use of minimum force’; ‘all actions in good faith’; ‘adhering to the law of the land’; and always keeping in mind that they are dealing with misguided (a highly inadequate word for these ‘violent’ people) country men and women. All ranks of the Army are fully aware and act under these tenets while conducting operations, but when their own life and the task assigned to them have reached the highest and thinnest point of the needle, they act, and even in doing so ensure that there is no or least collateral damage.
Even when there was ample scope for a de novo look at the entire issue, when a curative petition had been filed by the government, you chose to uphold your earlier directions of July 8, 2016, wherein the registration of an FIR against armed forces personnel has been made mandatory for every encounter death:-

My Lords, is it then not a judgment that completely ignores ground realities?




My Lords, you are no doubt aware of the well-known saying ‘the law is an ass’. This proverbial expression of English origin (from a play published by English dramatist George Chapman in 1654, Revenge for Honour), calls into question the rigid application of the law and by no means casts any aspersions on the grasp of the law by person(s) pronouncing judgment. Hence, the present issue does not fall into this category either.
However, a point relative to this is that the Armed Forces Special Power Act (AFSPA) continues to be in force in J&K; and Section 7 of the Act stipulating that no legal proceedings shall be instituted against armed forces personnel acting in good faith, except with the previous sanction of the Central government, continues to be operative. So, the young men and women laying their lives on the line cannot understand two diametrically opposite judgments! No officer or soldier wants to kill wantonly, but if there is a threat to the country’s sovereignty, he will either kill or get killed. Surely, My Lords, these could not have been your intentions.


My Lords, the next issue relates to a landmark judgment by your august court, delivered on December 10,  2014, relating to the issue of broad-banding or rounding off of disability pension of all military personnel. In this judgment, you had forthrightly dismissed all appeals of the Ministry of Defence (MoD) made over a number of years and had given full relief to over 800 affected military personnel that forced the ministry to remove all impediments and give all dues to the affected personnel, with arrears.


While this was a historic judgment hailed by all, no one perhaps has pointed it out to your Lordships that the MoD, instead of cancelling their policy letter of January 31, 2001, chose to wrongly interpret your wise decision and insisted that this judgment was only applicable to those who had filed cases in the higher courts, which you had so wisely clubbed together. Resultantly, it has refused to give benefits of your judgment to thousands of others, who were directed to approach AFTs or High Courts for their cases to be eligible for the benefits of broadbanding! My Lords, is this not a travesty of justice when the highest court in the land has dismissed all excuses and submissions made by the MoD?

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[ ONLY AN  " ARSE "  WILL FAIL TO SEE THROUGH THAT INVENTING LEGAL CASEs HAS BECOME AN INDUSTRY WITH THE NEXUS OF VAKIL- BABUs  IN THE MINISTRY BESIDES CUTs IN THE PROCUREMENTS.........the list is endless -VASUNDHRA ]

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My Lords, I ask you in all humility whether our disabled jawans can file such suits or need to, when your sage judgment prevails.


My third issue has little to do with the military but has affected businesses and jobs at a large scale. I am referring to your recent judgment, My Lords, on imposing a ban on the sale of liquor within 500 metres of a national highway. In an era when the numbers of unemployed are increasing because of the inability of the government to create sufficient jobs, your judgment has resulted in additional large-scale laying off; brought down drastically the price of property along highways and exponentially increased property prices artificially away from highways. I am sure you were clearly focused on reducing fatalities on account of drunk driving. 
My view as a layman has always been that the government has no business in trying to change how the polity dresses, eats, drinks and carries out its day-to-day functions. Unfortunately, our political leaders have not learnt this basic issue of governance. Now, the judiciary, as the highest and most important watchdog of the nation, has meddled with this aspect, when other options are available to reduce fatalities. 
May I request your Lordships to revisit this judgment too and bring succour to the affected people?

The writer is a former Vice-Chief of Army Staff













Sunday, May 21, 2017

PLA MODERNIZATION - PLA : Strategic Assessment: China’s Northern Theater Command

SOURCE:
https://jamestown.org/program/strategic-assessment-chinas-northern-theater-command/




             PLA  MODERNIZATION



                                 INDEX  


CLICK/GOOGLE  URL TO OPEN TEXT

  PLA  MODERNIZATION



                                 INDEX  


CLICK/GOOGLE  URL TO OPEN TEXT

     [ 1 ]    PLA MODERNIZATION : PLA  :China’s CENTRAL Theater   Command = "blank"                 DATA AWAITED


     [ 2 ]    PLA MODERNIZATION : PLA : Strategic Assessment:  China’s Northern Theater                      Command
              http://bcvasundhra.blogspot.in/2017/05/pla-modernization-pla-strategic.html

     [3]     China’s Southern Theater Command 

              http://bcvasundhra.blogspot.in/2017/03/p-l-snapshot-chinas-southern-theater.html


      [4]    PLA MODERNIZATION :Snapshot: China’s Eastern Theater Command

               http://bcvasundhra.blogspot.in/2017/03/pla-modernization-snapshot-chinas.html

      [5]    China’s Western Theater Command
              http://bcvasundhra.blogspot.in/2017/03/p-l-snapshot-chinas-western-theater.html

       [6]    PLA SETUP PRIOR TO MODERNIZATION
              http://bcvasundhra.blogspot.in/2017/04/pla-modernization-pla-setup-prior-to.html

     [7]    PLA Theater Joint Intelligence:Organization and Operations

                http://bcvasundhra.blogspot.in/search/label/PLA%20%20MODERENIZATION





            Strategic Assessment:

 China’s Northern Theater Command

      Publication: China Brief Volume: 17 Issue: 7



Guarding the Northern Gate
Each of China’s Theater Commands (TC) is defined by its geography and the international borders it defends. China’s Eastern Theater Command is largely focused on Taiwan. The Western TC protects China’s borders with India and guards internal stability and counter-terrorism stemming from Central Asia. The Southern TC deals with the South China Sea, and the Central TC protects Beijing and reinforces other theaters (for detailed analysis of each theater command see the following profiles in China Brief: Eastern TCSouthern TCWestern TC). The Northern Theater Command’s (NTC) role is similarly driven by geography and China’s relations with its neighbors.
The NTC covers five provinces: Inner Mongolia, Heilongjiang, Jilin, Liaoning and Shandong. Inner Mongolia is crescent shaped, and forms most of China’s northern border with Mongolia. Heilongjiang forms the northeastern-most border with Russia, and is named after the Chinese name for the Amur River (lit. Black Dragon River; 黑龙江) which separates the two countries. Jilin province forms a part of central Dongbei and the eastern half of the border with North Korea. Liaoning province curves around the Bohai gulf and touches both Hebei province (which surrounds Beijing and Tianjin) and the western half of the border with North Korea. Liaoning also includes strategic geography that connects Beijing with the rest of the northeast. This strategic geography has shaped historical events and even today dictates the deployment of some of China’s military units.
In Liaoning Province, Jinzhou controls the entrance to the northeastern end of the Shanhai Pass, part of the “Liaoxi Corridor” (辽西走廊), which connects land transportation between North China and Northeast China. The other end is protected by Shanhaiguan (山海关), a gate in the Great Wall wedged between the Khingan Mountains (大兴安岭) to the north and the Bohai Gulf to the South.
The Ming Dynasty’s defeat at Shanhaiguan in 1644 opened the path to Beijing and then into greater China, paving the way for a Qing victory. Nationalist and Communist forces fought over the same terrain during the Chinese Civil War—in particular during the Ping-Jin Campaign (平津战役), which ended with Communist control of Beijing and the establishment of the People’s Republic in 1949. Even today, PLA units are deployed to protect this strategic bottleneck.



To the southeast is the Yalu River, which forms the vital western half of the border between China and North Korea. It served as a tripwire for Chinese involvement in the Korean War (or “War to Resist America and Aid [North] Korea”; 抗美援朝战争). China’s intervention in October 1950, as UN forces neared the Yalu River, changed the strategic landscape of Northeast Asia. Chinese forces, along with Soviet air cover, pushed the UN back, and after a long series of assaults and counter-assaults, concluded an armistice with both sides occupying a line roughly contiguous with the 38th parallel. As a result of the Armistice (not an end to the war), and North Korea’s military threat, the U.S. keeps 28,500 troops (or personnel) stationed in South Korea. For China, North Korea’s 1,300 km border is a major source of instability. The small, isolated country is a trafficker of methamphetamines, a source of political refugees, and origin of violence as members of the Korean army regularly cross into China to commit robberies or even murders (China Brief, January 9, 2015).
Further to the north, the Ussuri River (乌苏里江) became the subject of tensions in the 1960s. Sino-Soviet relations deteriorated in the mi-1950s, eventually culminating in a brief conflict over Zhenbao Island (Damansky Island; 珍宝岛), which had the potential to spill into a broader conflict. Declassified threat assessments indicate that U.S. policymakers closely monitored the ramp-up of forces in the area before and in the immediate aftermath of the conflict. Chinese force disposition during this period was focused on counter-attacking after a Soviet incursion along multiple axes—from the west from the Kazakh Soviet Socialist Republic, a strike through Mongolia toward Beijing and a multi-pronged assault through northeast China. Reflecting a realistic view of its forces capabilities and China’s “Lure the Enemy Deep” (诱敌深入) and “Active Defense” (积极防御) strategies, China’s forces were arrayed well back from the border to take advantage of China’s strategic depth. [1] According to a declassified National Intelligence Estimate from 1973:
Peking elected not to confront the Soviet forces directly along the border; instead the Chinese have been building fortified areas in good defensive terrain well back from the border, thus compensating in part for the greater mobility and firepower of the Soviet forces. [2]
China did not change its Strategic Guidelines (战略方针) to reflect an improvement in relations with the Soviet Union until 1985. Interestingly, the concentration of forces further south, away from the border with Russia does not appear to have changed significantly since 1973. When China changed its military regions into Theater Commands at the end of 2015 it also changed the protocol order, moving the NTC from its predecessors’ position as most important, to number 4, behind the Eastern, Southern, and Western TCs, indicating that the threat from Russia has receded, just as the importance of Taiwan, the South China Sea, and China’s borders with Central Asia have increased. However, the economic importance of the area remains unchanged.
Economics