Monthly Archives: August 2018

The two sides discussed ceasefire skirmishes, air space violations and construction near the LoC, acknowledged each other’s efforts in maintaining peace. COLONEL SD GOSWAMI, Jammu-based defence spokesperson

JAMMU: The armies of India and Pakistan on Tuesday agreed to exercise restraint along the line of control and keep the communication channels alive, in the first meeting since the two countries resumed talks to resolve bitter issues.

Battalion commanders of the two armies held a flag meeting at Chakan-Da-Bagh in Poonch sector at 11am and discussed issues, including ceasefire skirmishes, air space violations and construction near the line of control (LoC).

Jammu-based defence spokesperson Colonel SD Goswami said: “Both sides acknowledged each other’s efforts in maintaining peace along the LoC.”

Prime Minister Narendra Modi had on December 15 said New Delhi was resuming talks with Islamabad to “try and turn the course of history” and bring an end to terrorism.

In a joint statement issued in Islamabad after external affairs minister Sushma Swaraj’s visit, India and Pakistan bilateral

had agreed to discuss all issues, including Jammu and Kashmir.

Nearly a week ahead of Swaraj’s visit to Pakistan, the army had shot dead three militants in Poonch sector on December 2.

The two armies had last held a meeting at Chakan-Da-Bagh area in September to defuse tension after about two months of consistent cross-border firing.

THE GOVT’S LACK OF UNDERSTANDING OF OPERATIONAL NECESSITIES, COUPLED WITH PROPENSITY FOR INDECISION, HAS LED TO A PROGRESSIVE FALL IN AIR FORCE’S POTENTIAL

Despite 32 long years’ effort, India has not been able to indigenise its military aviation sector to any reckonable degree. We made no effort to go beyond licence production, unlike our northern neighbour which resorted to large-scale reverse engineering of Soviet/Russian equipment. As a result, China is today able to export almost the entire range of weapon systems.

Our LCA (light combat aircraft), Tejas, planned to be inducted into service in the early 1990s, still remains mired in serious problems. The goalpost keeps shifting periodically. The Indian Air Force (IAF) is rarely kept in the decision-making loop. It could not even make good the depleting strength by acquiring fighters from foreign vendors. In order to remain afloat, the IAF had to continuously resort to upgradations and modifications. This may be a desirable modus operandi in keeping with the military economy, but certainly not so without near-future modernisation plans being in the pipeline. As of now, French Rafale, Russian T-50 and our own Tejas are all nowhere near realisation. Both Rafale and fifth-generation T-50 remain stuck in indecision and protracted negotiations.

The leisurely decision-making process with regard to 126 multi-role combat aircraft (Rafale) had the negotiation going on for years without realising the cost implications. High inflation prevalent in the armament industry results in cost escalation. Besides, such delays also end up compromising the competitive edge that is sought to be acquired vis-à-vis the adversary. The IAF’s potential to cope with any serious conflict situation presently seems doubtful at best. A two-front war, if imposed in the shortterm perspective, could prove to be a calamity.

TEJAS’ LIMITATIONS

Under the circumstances, India will have to continue procuring foreign fighter jets as relying entirely on the LCA would not meet the IAF’s varied requirements. Tejas falls well short both in terms of number and capability. It cannot meet multiple role requirement of the air force.

It is yet to incorporate additional capabilities such as mid-air refuelling, missile carriage capability, selfprotection jammers, redesigning of layout of internal systems to improve aircraft maintainability and state-ofthe-art onboard radar etc. As per Hindustan Aeronautics Limited (HAL), Tejas would need a number of major upgradations for it to become a technologically viable stateof-the-art fighter.

Besides, Tejas is also yet to get operational clearance, without which its operational performance and survivability will remain limited. As of now, 20 permanent and 33 temporary waivers are pending before it can be given final operational clearance (FOC). That is why the air force had placed the order only for a limited number of aircraft, though it needs around 100 or so. Recently, some understanding was reached between the user (IAF), designer (Defence Research and Development Organisation) and the manufacturer (HAL) regarding Tejas’ specifications. Once these are implemented, the air force would place additional orders to the tune of 120 or so.

RAFALE ROW

The air force needs multi-role combat aircraft of Rafale’s genre. It requires at least six to eight squadrons (16 to18 aircraft per squadron) of this type of fighter as soon as possible. But the government once again put the IAF in a quandary by declaring suddenly in April to procure only 36 Rafales (two squadrons) in fly-away condition against 126 that were being negotiated all these years. Turning down the IAF’s request for muchneeded latest-generation aircraft on the grounds of cost, the government told it to fill the gap with indigenous ‘32 years in labour’ Tejas. Even the IAF’s demand of 127 fifthgeneration Russian fighters has been cut to half.

The government is not quite realising that the IAF is in dire need of fighter aircraft. Lack of understanding of operational necessities, coupled with propensity for indecision, has led to a progressive fall in the IAF’s potential. A consequent fall in competitive edge has reached a worrisome stage.

Against 45 fighter squadrons required to meet multifarious tasks in case of a two-front war, the air force has only 35 as of now, which will further reduce to 32 or so by the end of this year. This includes a large number of obsolete MiG-21s and MiG-27s. The air force will be down to 25 squadrons by 2022 at the current pace of acquisitions and phasing-out. But the government seems more inclined towards the “make in India policy” rather than adopting a pragmatic approach in the face of the fast-developing critical situation.

Where does the air force stand in the future? It seems to be a scary reflection. The need of the hour is to strike a balance between being ready for war at all times and allowing the partially-developed indigenous technologies to fructify. It’s the performance and role compatibility that the air force is looking for. The government must evolve a viable option soon for the IAF to continue to retain its dominant status in the region.

The writer is former director general, Defence Planning Staff. The views expressed are personal

Parrikar visits US Pacific Command at Hawaii
short by Aditya Kashyap / 11:12 pm on 08 Dec 2015,Tuesday
Manohar Parrikar on Tuesday became the first Indian Defence Minister to visit the US Pacific Command Headquarters in Hawaii. Parrikar and Pacific Command (PACOM) Commander Admiral Harry Harris discussed the importance of expanded maritime cooperation between the two nations, PACOM spokesperson said. Parrikar is scheduled to meet US Defence Secretary Ashton Carter at the Pentagon on December 10.

KV Prasad

Tribune News Service

New Delhi, December 11

Future progress on the India-Pakistan engagement especially in regard to terror will be driven by outcome on the issues New Delhi flagged during the first formal talks between the National Security Advisers.The Bangkok meeting between NSA Ajit Doval and his Pakistan counterpart Lt Gen Naseer Khan Janjua (retd) last Sunday is part of a well thought out and crafted strategy based on two foundations — continue response in a strong measure to any provocative acts on the border and engage in discussions across the table on all issues, senior government officials privy to discussions told The Tribune here.The Modi government is clear the resumption of talks with Pakistan was to convey New Delhi’s preparedness to hold talks with authorities in Islamabad that takes forward the spirit of Ufa where terrorism was put high on agenda while moving towards discussion on outstanding issues.There is a clear demarcation in the nature of engagement, one that takes forward the issue of terrorism that India wants Pakistan to address, including progress in trial against perpetrators of the 2008 Mumbai terror attacks and the bilateral dialogue whose nomenclature stood changed from Resumed Dialogue to Comprehensive Dialogue.The future of the engagement (on terror) will be “outcome-driven”, officials who are part of the formulation said adding unlike the past when the talk about terror would be explained away as result of problems on account developments in Jammu and Kashmir and its fallout, there was greater receptivity from the other side.Devoting a good part of the four-hour NSA-level talks to terror, India put on the table evidence it accumulated in cases. While giving the benefit of the doubt to Islamabad in a few instances, India managed to convey its concerns backed by firm and watertight evidence, they said.The Foreign Secretaries of both countries are to meet next month to work out the modalities of the comprehensive dialogue and the level of interaction in various working groups, the modalities and scheduled of the meetings.
India, Pak Foreign Secys to meet in Jan
Joint statement largely welcomed in Pakistan
The decision to hold India-Pakistan comprehensive dialogue has been largely welcomed by the media and analysts, though certain politicians and ex-diplomats believe the joint statement issued after Sushma Swaraj’s meetings in Islamabad tilted towards India
Opposition in the National Assembly, especially Imran Khan’s Pakistan Tehrike Insaf and Jamit Ulema Islam’s Maulana Fazlur Rehman, demanded that PM Nawaz Sharif should brief the House on what transpired during talks with the Indian delegation
Pakistan Defence Minister Khawaja Asif said: “I firmly believe that we have no option, neither first nor last, but peace. Any other course would be disastrous for one-and-a-half billion people in the sub-continent.” —Afzal Khan in Islamabad
The Foreign Secretaries of India and Pakistan will meet next month to work out the details of the newly announced “comprehensive bilateral dialogue” and also to decide the level of interactions among various working groups.
Announcing this in the Pakistan National Assembly today, Sartaj Aziz, Adviser on Foreign Affairs to the Pakistan PM, said the National Security Advisers (NSAs) of the two countries would discuss terrorism as part of this comprehensive dialogue.
The talks are expected to be held in New Delhi. In March, Foreign Secretary S Jaishankar had travelled to Islamabad and met his Pakistan counterpart Aizaz Ahmad Chaudhry. But Jaishankar’s visit was part of the PM’s SAARC ‘yatra’ rather than a formal and structured Foreign Secretary-level talks.
External Affairs Minister Sushma Swaraj is yet to make a statement in this regard in Parliament due to continuous disruptions.
Aziz briefed the Pakistan Assembly about the recently concluded Heart of Asia conference and “the latest developments in relations between Pakistan and India, including the joint statement issued after he met Sushma.
Aziz said all issues, including Kashmir, would be part of the peace talks under the agreed formula for the fresh re-engagement with India. “During the bilateral meeting, it was decided that the two Foreign Secretaries will meet next month to work out the details of the comprehensive bilateral dialogue and the level of interaction among various working groups. The Foreign Secretaries will also decide the modalities and schedule of the meetings under the dialogue,” Aziz said.
He said: “It was also decided that terrorism would be discussed by the two NSAs as part of this comprehensive bilateral dialogue. We had emphasised that Pakistan is a victim of terrorism.” Aziz outlined the process leading from the Paris handshake between the Prime Ministers of the two countries to the NSAs meeting in Bangkok to the recent visit of Swaraj. Aziz said that in Bangkok, both delegations were guided by the vision of the two leaders for a peaceful, stable and prosperous South Asia.
On Swaraj’s visit to Pakistan and the consequent announcement of the resumption of a comprehensive dialogue between the two countries, Aziz said: “Following the successful meeting of the NSAs, the Indian External Affairs Minister visited Pakistan to attend the 5th Ministerial Conference of the Heart of Asia-Istanbul Process. She called on PM Nawaz Sharif and held bilateral talks in the Foreign Office. It was decided to continue the constructive engagement between Pakistan and India. As announced in the joint statement, the two sides agreed to a comprehensive bilateral dialogue, which includes all subjects of the composite dialogue, with some additions.”
Joint statement largely welcomed in Pakistan
The decision to hold India-Pakistan comprehensive dialogue has been largely welcomed by the media and analysts, though certain politicians and ex-diplomats believe the joint statement issued after Sushma Swaraj’s meetings in Islamabad tilted towards India
Opposition in the National Assembly, especially Imran Khan’s Pakistan Tehrike Insaf and Jamit Ulema Islam’s Maulana Fazlur Rehman, demanded that PM Nawaz Sharif should brief the House on what transpired during talks with the Indian delegation
Pakistan Defence Minister Khawaja Asif said: “I firmly believe that we have no option, neither first nor last, but peace. Any other course would be disastrous for one-and-a-half billion people in the sub-continent.” —Afzal Khan in Islamabad

Majid Jahangir
Tribune News Service
Srinagar, December 6
Almost 13 months after the killing of two youths at Chattergam in Budgam, Army men will depose before the police for recording their statements for the first time.
The police have been blaming the Army for the delay in filing a challan in the case in the competent court, alleging that the Army had not been cooperating with their investigation.
Two youths — Faisal Yousuf (17) and Meraj-u-din Dar (21) — were killed and two others injured on November 3 when Army men of the 53 Rashtriya Rifles battalion, manning a checkpoint at Chattergam village in Budgam, opened fire on the car they were travelling in.
The killing sparked outrage across the Valley and the Army later termed the killing as “a mistake”. The state police had already recorded the statements of the two injured boys and other civilian eyewitnesses during the investigation into the case.
“The investigating officer forwarded nearly a dozen communications to the Army unit in the last one year, asking it to record the statements of men deployed at the naka, but it had not responded so far. This is the precise reason for not being able to complete our investigation,” said a senior police officer.
The Army was yet to deposit the weapons for forensic examination, which it had not done so far, the officer said. The Army authorities said deposition of witnesses in the case would commence from Monday.
“The Army has been extending full cooperation to the civil administration and the Jammu and Kashmir Police with respect to the Chattergam incident. Senior Army officers are maintaining constant liaison with the Budgam Senior Superintendent of Police. Deposition by witnesses is scheduled to commence tomorrow,” said a senior Army officer in Srinagar.
The Army had completed a court of inquiry into the case and was waiting for the police and magisterial probe to move ahead in the case.
Sources said the court of inquiry had indicted nearly a dozen soldiers, including a Junior Commissioned Officer of the 53 Rashtriya Rifles, for violating rules of engagement in Chattergam.

Probe update

• Police investigation status: The police had registered a case under Section 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code and Sections 7 and 27 of the Arms Act against the 53 Rashtriya Rifles. They are yet to file a challan in the case. The Army has not shared its court of inquiry with the police
• Army investigation status: The Army has completed its court of inquiry. It will move further in the case once the magisterial inquiry and police investigation into the case are complete. On the court of inquiry not being shared, the Army says the police are required to conduct an independent inquiry without reference to any departmental inquiry
• Magisterial probe status: The Jammu and Kashmir Government had named the Khan Sahib SDM as the inquiry officer. The official is yet to complete the probe

NEW DELHI: It was the speed and spontaneity with which the Indian Army launched its attacks that took the enemy by surprise, leading to their victory in the 1999 Kargil war, says Lieutenant General Mohinder Puri. He headed the 8 Mountain Division.

Gripping accounts of valour and fortitude from the battle front of the war between India and Pakistan have been recollected in a new book penned by Puri.

The book titled ‘Kargil: Turning the Tide’, which was launched here on Monday evening, is a first-hand narrative of the operations of 8 Mountain Division, which was tasked to evict the enemy from the Drass-Mushkoh Sector during ‘Operation Vijay’.

“We surprised the enemy with the speed and ferocity of our movement. It was the speed with which we conducted the operations and took them totally by surprise, this was one of the reasons why we succeeded in evicting the enemy,” he said.

Recounting one such incident, the then Major-General Puri said how after several failed attempts to capture the pivotal Tololing peak, he had asked his men to attack again the next evening, but by the time he reached his headquarters, India had already conquered the strategic feature.

The Tololing, a dominant position overlooking Srinagar- Leh Highway (NH-1D), was so strategic that after it was conquered it was only a matter of six days for Indian troops to notch up a string of successes by evicting well-entrenched intruders in four nearby outposts.

He said, Colonel MB Ravindranath, Commanding Officer of the 2 Rajputana Rifles, radioed him, camping some 20-km away and said in a terse message, “Sir, I’m on Tololing top.”

“After I was informed that we have not been able to capture Tololing, I just asked them to consolidate and in the evening I said, ‘have a go.’ By the time I reached the headquarters, I was told that we have captured Tololing.I spoke to Ravi and when I asked him what had happened he said he just saw a window of opportunity and there he launched the attack and captured the feature which was until then with the enemy,” Puri said.
Puri’s division was responsible for spearheading the Army’s offensive in the Kargil sector which restored the sanctity of the Line of Control by capturing Tololing, Tiger Hill and Point 4875.General (retd) VP Malik, who himself has authored a book titled “Kargil – From Surprise To Victory” in 2006 on the same subject inaugurated the event at Manekshaw Centre here.

HIGHLIGHTS

“Lots of books have been written about the Kargil War and most of them are hearsay. There are only two authentic books I can mention, one is General Puri’s and I will take credit for the second one.

“While I have dealt with the war at a macro level, General Puri’s book talks about the several battles fought. After all, there is no war without these battles,” Malik said.

Simran Sodhi,Tribune News Service,New Delhi, December 29

In yet another development that should worry India, China has decided to provide Nepal with additional 1.4 million litre fuel. The decision comes in the backdrop of the continuing blockade in Nepal which has brought the Himalayan kingdom to a state of humanitarian crisis.The decision was disclosed to the media in Kathmandu today by Kamal Thapa, Deputy Prime Minister and Foreign Minister of Nepal, who returned home after a week-long visit to China.While the Madhesis have blocked entry points on the Indo-Nepal border for the last four months, Nepal has turned to China to look for an additional supplier of fuel. “The Chinese government has agreed to provide 1.4 million litres of fuel worth 10 million yuan to Nepal as a grant,” Thapa said in Kathmandu today.In October, Nepal signed its first-ever fuel agreement with China for the import of petroleum products. China had then provided Nepal with 1.3 million litres of fuel, giving India the first jitters. India seems to have dug itself into a hole on the Nepal issue. By publicly demanding time and again that Nepal amend its Constitution and give more rights to the Madhesis, India has lost much goodwill in Nepal and also forced its neighbour to look to China.Despite the recent commitment made by Nepal, which was welcomed by India, that it would amend its Constitution to adjust the demands of the Madhesis, the blockade has continued. While India has denied it is behind this “unofficial blockade”, many in Nepal have publicly accused India of it.

DDCA CONTROVERSY The twin proceedings that Jailey has charged Kejriwal with are unheard of in most parts of the world

NEW DELHI: Finance minister Arun Jaitley may have accused Delhi chief minister Arvind Kejriwal of slander, invoking both civil and criminal jurisdiction to defend himself from corruption charges, but the twin proceedings are unheard of in most parts of the world.

Unlike many countries in the West and some near home, such as Sri Lanka, defamation in India is both civil and criminal offence. One can take recourse when defamed either by words spoken or in writing. When spoken, it amounts to slander and if printed, it is libel.

Under the civil law, the person defamed can move either the high court or trial court and seek damages in the form of monetary compensation from the accused. The remedy sought is covered under the Law of Torts, a rare and slow course of relief witnessed in India.

On the other hand, the Indian Penal Code gives an opportunity to the defamed individual to also move a criminal court, asking the latter to take cognizance of his complaint. It’s a bailable, non-cognizable and compoundable offence, which means no police can register a case and start investigation without the court’s permission.

Under sections 499 and 500 of the IPC, a person found guilty can be sent to jail for two years. The Supreme Court has already reserved its verdict on a clutch of petitions challenging the constitutional validity of the two penal provisions.

Since the law is compoundable, a criminal court can drop the charges if the victim and the accused enter into a compromise to that effect (even without the permission of the court).

CONDITIONS TO BE SATISFIED IN CIVIL SUIT

Law defines defamatory content as one “calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule.” This is the first condition required to be fulfilled under the civil remedy.

Second, the claimant should be identified in the defamatory statement. It must address a particular person and no broad based classification is acceptable.

And lastly there must be publication of the defamatory statement in either oral or written form. A civil defamation law would stand once these conditions are attained. The defendant then has to plead his defense.

CONDITIONS TO BE SATISFIED UNDER CRIMINAL LAW

In a criminal suit, the complainant should be able to prove the accused intended to defame him. In the absence of intention it must be established that the alleged offender had knowledge that the publication was likely to defame the person. Normal stand of proof in criminal cases, which is to prove the offence beyond reasonable doubt, should also be placed before the court.

Ravi Krishnan Khajuria,Tribune News Service,Jammu, December 21

In a major step forward, over 1,200 traders from Pakistan-occupied Kashmir (PoK) and Jammu and Kashmir (J&K) have unanimously decided to constitute a joint federation of traders from Poonch and Anantnag in J&K and Rawalakote and Chakoti in PoK.In the absence of travel permits from New Delhi and Islamabad, traders from both sides of the Line of Control (LoC) met in Dubai on December 16 and 17.“It is a big achievement for traders from PoK and J&K. The joint federation exclusively meant for trans-LoC traders from Poonch, Anantnag, Rawalakote and Chakoti will be put in place by March 31,” said Pawan Anand, president of the Chakan-da-Bagh LoC Traders’ Association.“Once such a federation comes up, we will be able to efficiently thrash out trade-related disputes and, at the same time, think of more measures to streamline trade,” he added. He admitted that in the absence of travel permits to trans-LoC traders, they had to hold their third meeting in Dubai.“Two years ago, we held our second meeting in Kuala Lumpur. The first meeting took place in Istanbul. Had traders been sanctioned travel permits, there would have been no need for us to meet abroad,” said Anand.YV Sharma, president of the Jammu Kashmir Joint Chamber of Commerce and Industry, Rakesh Gupta, president of the Jammu Chamber of Commerce and Industry, Mushtaq Wani, president of the Kashmir Chamber of Commerce and Industry, and Hilal Turki, general secretary of the Cross LoC Traders’ Federation, attended the meeting.“Being purely a meeting of traders from PoK and J&K, we discussed opening more trade routes via the LoC, more tradable items in the trade list, travel permits and banking facilities to take trade to another level,” said Anand.Traders from both sides felt the need for providing direct ISD facility to traders from J&K. They urged their respective governments to reopen the Kargil-Skardu road, which was part of the once flourishing Silk Route.Traders from PoK could call up traders in J&K on their cell phones, but there was an embargo on ISD facility from J&K to PoK.Trans-LoC trade was started in 2008, but the absence of basic facilities continued to hamper its growth. The trade was a brainchild of Chief Minister Mufti Mohammed Sayeed in 2002 during the PDP’s alliance with the Congress.