Generals are once more in the news and for the wrong reasons. It is alleged that they are involved in land scams at Sukhna and Ranikhet.Consequent to the so called land scam at Sukhna and another, almost similar case at Ranikhet, some English news papers put out headlines on the front pages which read, ‘ Defence Minister summons the Army chief,’ ‘ ushered into the RM’s office’ etc.’ Further RM was reported to have lectured the chief on the need to maintain morale of troops by taking strict action against erring senior officers in these cases.
Army chief’s position is unique, not only because he commands the third largest army in the world, but is seen by his officers and troops as infallible and holder of an unassailable position. Only then, on his orders, the troops and their officers can be expected to give their best, even under the most trying and life threatening situations. Therefore, it does no good to the news paper as well as to discipline and morale of troops, by using inappropriate language while referring to the army chief. Here in the U.S. even the President shows great deference while dealing with the service chiefs. Whether it is a deliberate attempt on the part of some news papers to use such language to lower the position and prestige of the army chief, perhaps on briefing by some one from the MoD or simply a case of lack of facility with language,There is no telling. But the damage is done. Some time back a motivated report had appeared in the press that service chiefs would be subjected to body search at the Indian airports. Chiefs travel in uniform while visiting foreign countries and there can be nothing more absurd and insulting for the country than it’s army chief, in full military uniform, being subjected to body search. Though this order was rescinded, but damage to their position was done, perhaps intentionally.
Military has an internal mechanism to search out cases of misdemeanor, misconduct etc, irrespective of the rank of the miscreant and apply to it the rigours of military law. The process of application of Military Law has well defined set of rules and procedures and these cannot be short circuited without prejudicing the legal position. Scale and severity of punishments depends on the nature of offence, evidence on record and the circumstances under which the offence is committed. Not even senior commanders in the chain of command are expected to show undue interest is a case while under investigation and being dealt with at the lower level. Military’s justice system is fair and this is borne out by the fact that not more than 4 to 5 % of the military’s cases are reversed by the high courts/supreme court and that percentage is far less than judgments of lower courts reversed by the higher judiciary.
This is something that the RM ought to be aware of. Therefore, his, ‘ summoning the army chief’ and telling him that severe disciplinary action should be taken against officers involved in Sukhna and Ranikhet cases, tend to subvert the military’s legal system. Sukhna the case relates to Security of important military installation and impropriety, while the one at Ranikhet smells of misappropriation of regimental funds. In both these cases the military secretary at AHQ is the principal actor and a few others who took inappropriate actions on his bidding. Equally it is wrong for the army chief to defend the concerned officer at this stage. Such an action by the RM and army chief is totally uncalled for and amounts to interference in the due process of law. Eastern Army Commander is known for his sense of propriety, probity and fairness. It is best to leave the case to his judgment at this stage. It is the same as if the President of India were to call upon the Chief Justice of India to dole out severe punishment in a particular case or take a lenient view! When the case comes before the army chief and the RM, they can .do whatever is proper: keeping in focus the evidence on record.
Nor should the RM try to link this need for action against these officers with the morale of troops. Morale is an area and domain entirely the province of the army chief and his officers. What one expected the RM to do, if he wanted to make morale of troops and officers his concern as well, was to look carefully at the, distortions and disparities brought about by the Sixth Pay Commission as these relate to the defence services and which have adversely impacted the morale of troops and not left this vital issue in the hands of the Babus, who in the first place are the ones to bring about the distortions. In this important aspect, the RM has singularly failed. Only troops and officers with highest morale, dedication and regimental spirit could capture the heights at Kargil: against those impossible odds. As against this Pakistani troops have not been able to take even one height at the Saltaro Range ( Siachen Galcier area ) from our troops. So the RM will do well to leave the morale aspect of troops to the care and concern of the army chief and his officers.
Military does take prompt disciplinary action against offenders, irrespective of the rank, as against this, Bhatnagar, as the defence secretary was charge sheeted by the CBI in the Bofors case and instead of taking legal action against him, he was moved as Lt-Governor to Sikkim, placing him beyond the reach of law. Another defence secretary, Ajit Kumar was indicted by the Delhi high court for tampering with the service record of a senior IAF officer, which had resulted in denial of promotion to him. Instead of taking legal action against him he was merely moved to another ministry. Nambiar as defence secretary was involved in a shady deal of purchase of 100000 rifles for the army. No ammunition for these rifles was available in the world market and for years these rifles remained the depots. It is only when he landed in Tamil Nadu as chief secretary and repeated his old MoD tricks that Jay Lalitha put him behind bars. It is possible to mention a few more such cases, but for the present these three should suffice. Had such misdemeanours been committed by a military officer, his services would have been terminated and he given residence behind bars.
So the RM better look into his ministry before lecturing the army chief. Now that we are on this subject of dealing with such cases, the RM might as well tell us what action has been taken against all those in the MoD involved in the Tehelka sting operation. Whereas I will tell him, incase he does not already know, that all the army officers involved in the case were dealt with without delay. One of then ending up behind bars and careers of others came to an abrupt end. In one case a senior officer was merely entertained to a dinner by the Tehlka team and that was enough to end his career.
(withheld from publishing)
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