Air Commodore LK Chawla inspects the guard of honour at Ambala on Monday. Tribune photo

Tribune News Service

Ambala, January 2

Air Commodore LK Chawla has become the new Air Officer Commanding (AOC) of the Air Force Station here. He took over the command from Air Commodore Tejinder Singh during a ceremonial parade held at the Air Force Station today.An alumnus of the National Defence Academy and the Defence Services Staff College, Air Cdre Chawla was commissioned on December 17,1988, in the fighter stream of the Indian Air Force (IAF). He is an experienced fighter pilot with more than 4,300 hours of accident-free flying on various fighter and trainer aircraft of the IAF.Meanwhile, Swapna Chawla has taken over as the president of the Air Force Wives Welfare Association (Ambala) from Nancy Singh.

Vijay Mohan

Tribune News Service

Chandigarh, December 23

The Principal Bench of the Armed Forces Tribunal (AFT) today allowed a bunch of petitions seeking grant of non-functional upgradation (NFU) to all armed forces officers on similar lines as it was implemented for civil services in connection with the Sixth Pay Commission.(Follow The Tribune on Facebook; and Twitter @thetribunechd)The AFT’s order marks a turning point in a long battle for parity that saw a lot of legal and bureaucratic wrangling. The NFU was among several issues involving benefits and status that the armed forces wanted to be addressed. Several issues are still to be resolved. Justice BP Katakey and Lt Gen Sanjiv Langer said the NFU for all officers of the three services would be applicable with effect from January 1, 2006, although the arrears would be restricted to three years from the date of the petition.Disposing of the petitions filed by Col Mukul Dev from the Judge Advocate General’s Department and about 160 other officers, the Bench also directed that in case the government decided to include NFU for civilians under the Seventh Pay Commission, the same would also be extended to armed forces officers. The Bench also rejected the Union of India’s prayer for leave to appeal to challenge the order in the Supreme Court.The NFU scheme, implemented by the UPA government in 2008, entitled IAS officers and other Group-A officers to get pay scale of the highest promoted officer of their batch even if they were not promoted. The affected non-promoted officers are given the higher grade two years after their batchmates are elevated.Unlike civil services that have a cylindrical hierarchy, the armed forces have a pyramid structure and many officers do not make it to the next selection-based rank, making the issue of stagnation much more severe in the forces. On implementation, the NFU was not extended to the armed forces and a few other organisations. The central armed police forces also got NFU after intervention by the Delhi High Court.“The judgment implies that officers of the armed forces, whose status had been downgraded as their civilian counterpart started drawing higher salary and grade pay, will now be restored,” Col Rajiv Manglik, the petitioner’s counsel said. “Besides averring that the denial of NFU was unconstitutional and a violation of the principle of equality, we had contended that the armed forces fulfilled all six parameters laid out by the government to categorise Group-A services.” There are several civilian cadres that do not meet all parameters but have still been classified as Group-A services.

The Centre should have given better reasons to justify General Rawat’s elevation than just his experience in J&K,

writes HARWANT SINGH

Selecting an Indian Army chief is the prerogative of the government. As a practice, five to six names are put up to the Appointments Committee of the Cabinet and it is left to the panel to decide on who on that list is most suitable for the post.

KUNAL PATIL/HTLt Gen Bipin Rawat pays tributes to war martyrs during a function to commemorate the 1971 war victory, Mumbai, December 16, 2015

All the commanders considered for this post are competent and meet the parameters needed to hold the coveted post. So, the government needs to have some very compelling reasons to bypass seniority.

There have been just two cases in the past when seniority was overlooked. Once, it was done in the case of Lt-Gen SK Sinha and the second for Lt-Gen Prem Bhagat, VC (Victoria Cross). In both these cases, the officers overlooked were competent officers but were perceived as forthright and strong personalities. Perhaps the then government did not feel comfortable dealing with them.

For Lt-Gen Bipin Rawat’s elevation the justification offered by the ministry of defence is his experience in counter-insurgency operations and his long tenure along the Line of Control (LoC) in Jammu and Kashmir. Many defence experts too are giving the same argument as the ministry: That terrorism in Jammu and Kashmir and counter-insurgency or what is also known as “asymmetrical war” is of greater relevance to the country than a full-scale conflict with an adversary.

We seem to forget that the main task for the Indian Army, with its large troops and the essential arsenal, is to secure the country’s borders and fight a full blooded war against an enemy, when pushed into such a situation. Counter insurgency in the Northeast and terrorism in Jammu and Kashmir, at the scale faced by the country should be handled by state and central police forces. Unfortunately, as of now, these do not measure up to the task, both in training and junior leadership. Therefore, the army has to chip in.

Going by precedence, it can be recalled that on Gen Bipin Joshi’s sudden demise while in office, the one promoted to the post of army chief was then the senior-most, although he had not been general officer commanding-in-chief (GoC-in-C) and was merely looking after training aspects. The next in the line had distinguished himself in the 1962 and 1965 wars. However seniority prevailed.

So the argument that the one now promoted has more experience in an area, which decidedly is of relatively less importance, compared to the larger tasks set out for the Indian Army, cuts little ice. It is the overall national security scene, the deteriorating relations with Pakistan, its close links with China and more recently Russia, which should beep on the Indian security radar. The geostrategic scenario, the ever-tightening “string of pearls” around country’s neck, should be an area of greater concern than insurgency. Only the short-sighted can fail to see the emerging threats to national security at the strategic level.

In a possible future scenario, India should prepare to face a two-front conflict. The threat from the use of tactical nuclear weapons is another area demanding very careful responses, where experience in fighting terrorists and lowlevel counter-insurgency operations have no relevance. In any case these operations and on the LoC have little connect at the level of an Indian army chief and are effectively handled at much lower levels.

An army chief who cannot render firm advice to the political leadership in operational matters, is likely to bring about a national disaster. Had General Pran Nath Thapar firmly advised the government against the “forward policy” and offensive action at Thagla Ridge, when the Indian Army was in no state to go to war with China, the ignominy of 1962 could have been prevented.

Had Gen Sam Manekshaw not firmly held his own against the political leadership’s demand to commence an early war against East Pakistan, India would have suffered a defeat as severe as the one we received against China. General Manekshaw was willing to resign than go against his own professional assessment of the situation. It was the political leadership, which eventually profited from the general’s decision.

Since all those considered for elevation to the post of army chief are equally competent, the political leadership, if it wants to bypass seniority, must take into reckoning the quality of forthrightness. The one selected should have the gumption to tell the government not what it wants to hear but what it must hear. Such military commanders act in national interest and in the long run, the interest of the political leadership.

In the present case, the government has simply failed to come up with any compelling reasons to break the chain of seniority and has in fact, politicised the appointment of the army chief.

 

 Lt Gen T S SHERGILL ,PVSM WRITES

An extremely sensitive and important appointment ineptly handled.

All Corps and Army Commanders are competent to be appointed COAS as they have 36 years and more of experience.

At this rank they are well above the need for sector profiling for placement; the COAS does not command troops, Army Commanders do.

Wise Army Commanders do not fight division or brigade battles that are the the responsibility of Corps Commanders. Counter insurgency is fought and won at most at battalion level. The Chief of the Army ‘Staff’ is far removed from this. So the government is wrong on two principles,

first,    Sector profiling is no pressing reason to appoint a COAS;

second, an six to eight weeks early time is necessary to enable a COAS designate to plan his team and achieve a smooth transition…India is not at war unless the poor hit by demonetisation call that and in which a new COAS has little role to play.

A forthright government would have made the announcement accordingly and explained why competent generals have been superceded unless there were something to  hide. Were there other reasons? We may never know however the government will be unable to remove the shadow of politicisation of the Army by an act that lacks moral courage.

The ‘team’ implies senior Principal Staff Officers in Army Headquarters not personal staff like A’DC. As mentioned in my post there is nothing wrong in ‘deep selection,’ all Corps and Army  Commanders could be considered.

However, it is better to let the environment know it is being considered and afterwards give substantial reasons for doing so, for instance creating a ‘young’ higher command profile that would justify even a Corps Commander being appointed.

Merely Sector Profile does not wash; the persons to be convinced is the Services leadership otherwise such decisions lead to avoidable controversies as this one or like previous cases.

The Chief Justice of Supreme Court and Chairman of UPSC are appointed by seniority of Justices or Members respectively precisely to avoid controversy however strange it may seem that an appointee might perform for only a few months in that appointment.

Promotion by seniority is probably not the best way but to have another process for selection should involve a known well thought out policy.

THE NEW ARMY CHIEF BY LT COL NOEL ELLIS (RETD)

Congratulations Gen Rawat for being nominated to take over the world’s best Army. My congratulations to the new Air Chief designate Air Marshal Dhanoa too. Both of you have herculean tasks ahead. May God grant you the wisdom, strength and acumen to carry them out in a professional manner and may you also do something to stop this constant bickering amongst certain people especially the disgruntled lot. They only find faults with anything and everything, including your appointments. Well, in today’s world everyone has a birthright to crib and squabble. Everyone has his own favourites, likes, dislikes and everyone has his point of view. Now that the government has taken a decision, accept it and be done with it, the sooner the better. If someone can change this decision, then do it and if you can’t then let these people do their jobs.

Yes I feel bad for Gen Bakshi, he was my instructor in ACC&S long time ago, but maybe there are better things in store for him. I personally feel very bad for Gen Hariz, as I personally know him, and we wore the same RECCE & SP (TR) badge. Naturally guys, if given a choice to me I shall chose him first being from the Mech fraternity, in fact my second choice would have been Gen Bakshi as I have a soft corner for him, being from the Mech forces again and having been my “ustad” many   moons back. Gen Rawat would have been my third choice, as I don’t know him at all. I believe he is a very highly decorated officer, and I am sure the merit system must have been put in place before the final decision to appoint him was taken. I have no doubts. So why is there so much fretting and fuming amongst the armed forces fraternity. Now some politicians who don’t know the D of Defence have also jumped in and trying to gain political mileage for no reason.

Ok let us for the time being just assume that a person X has been appointed the army chief. So what are the expectations from him today is one part of the question. The second part is that what he should do for the army to make it the fittest fighting machine against all adversaries. Now, the expectations would differ with who needs what, so let’s take the ex-servicemen for instance. They want the OROP to be implemented as they are already tired of protesting and look at you as a messiah. The serving want the 7th pay commission recommendations implemented tomorrow, with all anomalies removed. Thirdly, I will like to pay no income tax, for which I would like to push Gen X to fight with the government tooth and nail from tomorrow. I would like MS branch disbanded, as they never give any choice posting ever. In fact when you say you don’t want Delhi they send you to Delhi. I remember telling them to leave me in the unit as it was my last chance to appear in Staff College, they posted me to an Assam rifles unit, that too under a sector HQ RR in the Kashmir valley. Thank God I passed the exam from there.

Here after come the real wishes that every commander should have a Mercedes Benz as a staff car, every CO to have a Range rover, then only every Lt Col and below may get a gypsy. I would like to have free rations to be picked up from big basket and home delivered even if I am in field. If they can’t deliver there then Gen sir the same should be delivered to where my family stays, extra bread, eggs and butter included. I would like to have all the in lieu items of ration once in a while. I may be excused from paying electricity and rent of any kind to the government for any kind of house or furniture which is provided to me. I would like the MES also to be disbanded and people like L&T or HCC to build for the army. I would like to have any other pen in place of “Pen Wilson” from my ACG funds.  My quota of liquor needs to be increase to 24 bottles irrespective whether I drink them or not. These are just a few demands Chief, in case you are capable of getting me all this, then my vote is for you, otherwise, I shall curse the system till cows come home. One more thing, the railways and the airlines have to give me and my family confirmed seats free of cost, then I will consider you as the man who matters.

Now comes the other items on the agenda which might be required for national interest. We want the best of guns; best of equipment, best of clothing, best of transport, and best of you name it. In case the government cannot provide all these within 4 months of you taking over, I want you to put in your resignation the next day.

Then I would say that you have the guts to shake the government. You have to get all pay and allowances cleared or else put up your resignation, then I shall consider you to be the Chief with certain principals. All tanks, all ammunition has to be made up and all Capex utilised in the first year of your taking over, otherwise you will send your resignation to the PM along with your yearly report on the fitness of the Army.

Then will I consider you to be worth your salt. You have to sort out Pakistan, without a single casualty, and Pakistan should be on its knees, before the next Army commander’s conference you chair. Then probably you would meet our standards to be the army chief. Well the list is never ending.

Well ladies and gentlemen, enough of fiction, enough of day dreaming, and enough of bak-bak. Given a choice, I would love to sit in the bar of Le Meridian, and fight a war on social media and destroy all my enemies while having a glass of beer. Can a Chief do what we expect out of him, or is he made the chief to do what the Nation and the supreme commander wants him to do within the means that the country can afford. I am sure there is ample space of improvement and ample budget available for everything. But can procedures and systems be bypassed. Is the Chief going to fight those tactical battles at ground level or is he going there for strategic thinking and implementation? Is the chief going to forecast the Army in 2050, or is he going to be the fire fighter in chief; that he keeps dousing one fire after the other. Are we as field commanders doing our bit to make life easy for him to fight the political bigwigs? Are we doing our bit to ensure that the chief doesn’t keep rushing from post to post? Friends he has seen enough of posts, now it is our turn to defend the country and defend it to the best of our abilities. No more heads severed and taken away, no more failed infiltrations bids. Let us sort these buggers out for our senior commanders to do what they are meant to do.

Well, had I become the chief I would have done it all, however, I would have been thrown out on day one for my dislike of politics and the politicians. I feel bad when people bring in the communal angle of a “Bhulla” and a “Kancha” in between. Not warranted and not done. My best wishes to the ones who missed out on this and God Bless and God speed to you Gen Rawat. I am waiting for the day when my course mate becomes a chief of either of the services. Maybe then I may come to know what goes into making a chief, and then I may also ask him how uneasy lies the head that wears the crown. I am really waiting for that day, but will they tell me the inside story? I wonder!!!!!!!!!!!

Lt Gen Vijay Oberoi  WRITES

CHANDIGARH: For the uninitiated, ‘Langar Gups’ are rumours in the army that emanate from Messes, where uniformed persons gather and discuss issues pertaining to the military in general and the army in particular. Although ‘Langar’ refers to Jawans’ Messes, the term generally refers to discussions where officers, JCO’s and Jawans congregate and ‘shoot the breeze’! 

For over a month and more, when the appointment of a new Chief of the Army was not announced, speculation started and evolved into Langar Gups, with all kinds of permutations and combinations emerging. Many claimed inside knowledge about who will be the next Chief and the rank and file, besides being perturbed as to why the announcement was not forthcoming, rightly smelt that the powers that be were up to some hanky-panky! The startling news about the appointment of the next Chief of Army that was announced on December 17 confirmed it. 

Generally, appointments of new incumbents at the higher levels of the armed forces are announced two to three months in advance. This is because unlike hierarchies of police, bureaucracy and others, the armed forces being the custodians of the nation’s security are much more important appointments and need to be announced much before time and thereafter filled on the stipulated dates. If this is not done, not only the contenders remain on tenterhooks but also wrong signals are sent across the board that ‘all is not well’ and possibly some kind of nefarious activities are in the offing. 

In the last few months unfortunately, even Headquarters Command remained headless over months and hence it was clear to the discerning that the politico-bureaucratic combine was up to some tricks! The announcements of the new Army and Air Chiefs at such a late stage have confirmed such misgivings. 

In countries like Pakistan, where the elected representatives are mortally scared of the powerful army that can manouvre a military take-over in a jiffy, it is standard for the elected elite to weigh all consequences till nearly the last date, but in democracies such things do not and must not happen. Therefore, the only conclusion is that the leaders and their advisers are up to no good. 

Announcing that Gen Vipin Rawat will be the next Chief of the Army, superceding two General officers senior to him smacks of both arrogance and stupidity on the part of the present government. 

Let me clarify that giving lame excuses of operational experience or lack of it does not cut ice with veterans like me who are experienced and are ‘au fait’ with the tricks of governments. 

For the uninitiated, please note that officers are posted to appointments in accordance with well laid out systems based on their profiles, and no one opts for so-called operational appointments or otherwise. It is all the luck of the draw and when officers become army commanders, they all are professionally the best, otherwise they would not have reached such exalted heights. 

In my considered view, it is more important to have a full tenure as an army commander and not a truncated one of a few months to command the third largest army in the world. Commanding at various levels up the chain adds to one’s experience as a professional, but it will only be naïve persons who will place experience of commanding an army lower than commanding units and formations at subordinate levels, whether in counter-insurgency operations; on the borders; or elsewhere. 

It is no doubt the prerogative of the government of the day to appoint whoever they consider meets their criteria, but governments usually think many times before grossly interfering with what has generally been happening in the past. Trotting out excuses justifying their actions and scotching perceptions with lame excuses tend to reinforce that there was some skullduggery indeed. Yes, even in the past there have been a few instances where the seniority principle was sacrificed, but they were quite unconvincing. 

Before I give my views on this episode, let me go back in time and recapitulate instances of the past where practically more harm than good ensued on account of unwarranted interference, mostly on specious (read political) grounds. 

The easing out of General Thorat by the then combine of Prime Minster and Defence Minister and appointing General Thapar instead, was a case of sacrificing merit and professionalism at the altar of sycophancy that resulted in the biggest debacle for our country in 1962. The excuses now trotted out were uttered earlier too, when the highly professional and greatly admired late General SK Sinha was passed over, ostensibly for lack of operational experience, when the actual reason was that he was opposed to military action against the Punjab militants; what followed is well known. In keeping with the credo of an officer and a gentleman, he quietly resigned and went home. 

Later, the same General (with less operational experience, as the government had averred!) was appointed Governor in two insurgency-infested states, which he managed adroitly and with aplomb! 

Even earlier, the highly professional, highly decorated and a soldier’s General – PS Bhagat was denied his rightful appointment, based on whims and ulterior motives by another Prime Minister. In each of these cases, the political leadership succumbed to the manipulators, mostly bureaucrats, sycophants and parochial advisers. 

At this stage, I need to narrate a discussion held on the sidelines of a seminar at the College of Defence Management Secunderabad, many years back. During a discussion I had with two cerebral military intellectuals – Gen Raghavan and Air Vice Marshal Kak, the three of us discussed the pros and cons of selecting a service chief on the basis of seniority as was the norm vis-à-vis an open-ended selection from the C’s-in-C. 

After weighing the issue with great deliberation, we came to the conclusion that there were more negatives in the latter, as chances of selection based on political, sycophantic and non-professional reasons may become predominant in due course, with professional and character qualities being sacrificed on account of extraneous issues. With such precedence’s, even appointments of Army and Corps Commanders may meet such a fate later, throwing professionalism to the winds. 

I have no quarrel with the Chief-Designate, as I hardly know him, but it is the principle that is of utmost importance. Personalities are passé, but institutions like the army are far too important to be fiddled with because of political, parochial or other considerations. We are fortunate that the nation has a highly apolitical and professionally competent army, which will continue to conduct itself with élan and pride irrespective of who leads it. We have had a gamut of average leaders, along with a few highly superior ones, but the Indian Army has weathered all storms and stood stoically to defend the nation. Two more points before I sign off. If the present Prime Minister continues with his dictatorial ways, like the first Prime Minister of Independent India did, without consulting advisers who would give him unbiased advice, then the nation is in big trouble. Rhetoric’s with modulated utterances may go down well with ignorant masses, but they are no substitute for good governance. Secondly, it is only Modi Bhagats, including the few still in the armed forces with their personal agendas, are quoted by the Sarkari propaganda machine and the paid media, while the bulk of the citizenry is not at all convinced.

The moot point remains that the nation and the army needs an Army Chief that delivers and not one who sways with the wind because he is grateful for small mercies! Let me end with the optimistic note that the new incumbent will take the army to greater heights of professionalism and pride and not succumb to blandishments and sweet words. 

(The writer is a former Vice Chief of Army Staff)

Pakistan thinks it is winning this low intensity conflict. It is a serious observation.’
‘Half the battle is convincing your adversary that he cannot make headway.’
‘A lot depends on how the internal professional management of the army and the handling of situations that are bound to rise sooner than later in his command, are done,’ says Lieutenant General Syed Ata Hasnain (retd).

Lieutenant General Bipin Rawat, the current Vice Chief of the Army Staff, has been appointed the new army chief and will assume the appointment on General Dalbir Singh Suhag’s superannuation on December 31, 2016.

His appointment is not without controversy because he supersedes two of his seniors to become the chief. In a tradition bound army which keeps itself completely outside political influence of any kind it is not easy to have such a situation where insinuations are flying around and allegations of even regional parochialism are being made.

This article will only briefly delve into the controversial part and explain the procedural aspects and the government’s rationale. It will take no sides in this awkward game and focus primarily on the professional challenges before the new army chief.

The selection procedure for the army chief requires the shortlisting of the five senior most — qualified officers — and their record and dossiers are sent through the MoD to the Appointments Committee of the Cabinet.

The ACC scrutinises the records and makes the selection with additional inputs from vigilance and intelligence.

In the case of the army only once have we had supersession with General Arun S Vaidya being promoted over Lieutenant General S K Sinha.

Since the system is based upon seniority cum merit the government of the day is well within its rights to make an actual selection and not merely tick off the senior most.

Not an eyelid batted when Admiral R K Dhowan was promoted over Vice Admiral Shekhar Sinha in 2014.

It was under Vice Admiral Sinha’s watch that the submarine INS Sindhurakshak met its doom, but there was nothing personally against him to merit his being overlooked. The UPA government did its cherry picking.

In the current context the shortlist was submitted to the ACC which then picked General Rawat as the next chief. No aspersions on the outstanding officers who have been overlooked. Yet, General Bipin Rawat clearly stands out if the government criterion was to have a hands on chief with operational experience in handling threats as perceived today.

The challenges before the new chief

To avoid making this too complex I have decided to limit this to only two domains for now and promise to expand this in a subsequent essay.

It starts with the thing for which General Rawat has probably been selected as the chief.

This relates to Jammu and Kashmir, counter-terrorism and the situation at the LoC.

Briefly, 2016 was a bad year from the perspective of India’s security managers.

Pathankot, Uri and Nagrota, three major terror attacks showed Pakistan and its Deep State cocking at snook at India; the casualties were high.

Rear area security has suddenly taken a hit almost as bad as the first time we were targeted in 1999 by the so-called fidayeen (suicide attack) squads.

Garrisons are extremely vulnerable and in turn families, schools, clubs and officer messes.

The Kashmir valley has witnessed increasing alienation along with vigilantism and radicalism and currently only a tenuous peace based on dilution of stamina is holding.

The terrorist strength is low, but infiltration has been higher this year placing question marks on the efficacy of counter infiltration grid.

Lastly, the LoC is becoming the location where Pakistan plays its games when it has no other options.

Thus, the ceasefire of 2003 is known more by the breaches than the peace and tranquility it was to promote.

Lastly and most importantly, there appears in Pakistan a perception that it is winning the low intensity war against India without any timelines.

The problem for India’s defence and security establishment increases with the expectation of muscularity of response due to the successful surgical strikes.

The army is obviously central to the entire strategy against Pakistan and the new army chief will be expected to evolve a winnable one.

The resources at his command are the maximum; it is a question of how they are harnessed.

I would attach highest priority to garrison security and LoC management for now even as the valley is quietly addressed.

General Rawat’s ability to sit across the table and professionally advise the NSA, RM and the PM would be the clincher.

He must also be able to convince the J&K political and civil hierarchy to take professional advice from the army. It is already happening, but it must become institutionalised.

For garrison security a hard approach will have to be adopted as in 1999.

On both sides of the border/LoC there are new military hierarchies; both are experienced in handling security affairs related to Kashmir and both will take time to evolve new strategies.

General Rawat will have to have to work fast and win confidence of the security hierarchy.

As the prime mover in the entire national security matrix the army has to show the direction.

Lastly, on this aspect I would advise General Rawat to take stock of my words that Pakistan thinks it is winning this low intensity conflict. It is a serious observation.

Half the battle is convincing your adversary that he cannot make headway.

A lot depends on how the internal professional management of the army and the handling of situations that are bound to rise sooner than later in his command are done.

The internal management of the health of the army, as many former army chiefs have termed it, takes the next priority and much higher over all aspects of procurement, equipment, training and doctrine.

His own elevation is not being taken too kindly by a segment of the officer cadre.

It is being perceived as political interference or the stage is being set up for that. The fact that so many officers of the Gorkha Rifles are packed into the Army HQ does no good to perception.

General Rawat is a second generation 11 Gorkha Rifles officer and his predecessor, the current chief General Dalbir Singh too is from the 5 Gorkha Rifles.

My advice is that among the ‘do-ables’ a more equitable distribution of posts between Arms and Services must be done at the earliest.

His vice chief must be an officer from a different Arm. He has very little choice for this as both General Bakshi and General Hariz if they choose to serve on will surely not wish to be his number two.

That only leaves Lieutenant General Surinder Singh, an outstanding officer from the Guards and Lieutenant General Soni from the Armoured Corps.

If the two seniors decide to resign there will be more officers who will be elevated to army commander status and the choice may increase.

For very long the rivalry between the Armoured Corps and the Infantry has been a matter of friendly banter. I now sense this is becoming more serious than that.

It is the worst thing for the army if such light hearted rivalry gets reduced to professional competition of the worst kind.

At the bottom of this is the 2003 distribution of vacancies of the general cadre in the rank of brigadier, the entry point to the funnel of the general cadre from where command opportunities for higher promotion open up. Earlier there was no reservation.

In 2003, for whatever reasons of perceived discrimination in numbers of promotions the general cadre was divided into proportionate vacancies for the main arms of the general cadre.

That reduced the number of officers getting promoted from the Armored Corps and Mechanized Infantry to only the proportionate vacancies which accrued.

To top it, the distribution of vacancies of colonels then went in favour of the Infantry and Artillery on a skewed policy flowing out of the additional vacancies from the Ajay Vikram Singh Committee recommendations. Further description of this will only confuse readers no end.

Suffice to say that the Military Secretary Branch policies on promotion have been the cause of even a Supreme Court case.

It is difficult to take sides on this as there are pros and cons but these issues need early resolution.

It is little known that General Bipin Rawat handled the Military Secretary Branch (Policy) and is fully aware of issues which take army chiefs some time to grasp.

He should use the repertoire of his knowledge and experience to bring about a fair system of promotion; a system which must be perceived by all as fair and above parochialism.

The army appears to have tied itself in knots on some of these personnel related policies which definitely need a relook.

Gen Rawat will have to prove that he is his own man and that the promotion and appointment by the government was no favor to him.

To that extent his approach on dealing with Seventh Pay Commission issues and OROP will be under deep scrutiny by the veteran community which in today’s world is an important opinion maker through social media.

On issues of equipment, procurement, doctrine including such aspects as theatrisation, welfare of jawans and financial management perhaps a separate piece will need to be written at an early date.

This ends with a note of caution. General Rawat’s biggest handicap for some time will be the presence of his own batch mates and some senior to him in other Arms and Services. It does cause awkward moments and will need full maturity and firmness to handle.

My last advice to the new chief. Somewhere the happiness associated with the profession of arms appears to be dwindling.

It may well be worth mulling this and deciding how within constraints of political pressure and demands of operational situations can the Indian Army restore to its rank and file the concept of happiness it has always been known for.

Lieutenant General Syed Ata Hasnain (retd), a former General Officer Commanding of the Srinagar-based 15 Corps, is now associated as a senior analyst at the Vivekanand International Foundation and the Institute of Peace & Conflict Studies

Anita Kumari, Indian Army Major, ended her life by shooting herself with her service revolver in the Samba district in Jammu.

Indian Army Major, Anita Kumari allegedly committed suicide by shooting herself with her personal weapon on Thursday at Bari Brahmna Depot of Samba district in Jammu.

Prima facie, she shot herself on the intervening night of December 14-15.

The officer did not come to the unit and no one was aware about her whereabouts till her neighbours broke the door.

Dehradun, December 7

Lt Gen SK Saini, Commandant, Indian Military Academy (IMA), today said it was important for an officer to maintain a competitive streak within the parameters of sportsmanship and fair play at all times. He expressed his views at an award ceremony of passing out course of 139 Regular and 122 Technical Graduate Course (TGC) at Khetrapal Auditorium, IMA.“It is always a collective and a team effort that is important in the profession of arms. There are no runners up in wars. Gentlemen Cadets (GCs) should remain updated about modern warfare. The latest communication equipment and arms are excessively used in the modern wars,” he said.Lt Gen Negi bestowed recognition and awards on outstanding GCs who excelled in various fields during their pre-commission training.He said, “GCs are exposed to multifarious activities such as weapon training, service and academic subjects, drill, physical training, sports, outdoor camps and extracurricular activities during their pre-commission training at IMA. These are aimed at making them battle ready and teach them necessary skills to execute various responsibilities and operational tasks with utmost professionalism during their service career.” — TNS

New Delhi, December 3

Former Union Home Minister P Chidambaram has said the recent Nagrota attack is as “shameful” as the 2008 Mumbai carnage and has “disproved” the belief that surgical strikes can end cross-border terrorism.Speaking at the launch of former National Security Adviser Shivshankar Menon’s book, titled “Choices: Inside the making of India’s foreign policy”, Chidambaram said there was no “unified command” at the level of the Ministry of Home Affairs (MHA).“What happened at Nagrota is just as shameful as what happened in Mumbai. The cross-border, cross-LoC action will not prevent Pakistan-based terrorist groups from attacking Indian installations and camps,” he said last night. “The strikes restore balance at the border. It sends a signal to Pakistan that if you can do it, we can do it. But to imagine that a surgical strike will put an end to cross-border action, that has been disproved by what has happened in Nagrota,” he said.He claimed that there was “no coherence” at the level of MHA and attributed it to discontinuation of a “good practice”. “I think the practice of having a Home Minister, home secretary, the special secretary, the DIB, the director of RAW and NSA meet every day was a good practice. The practice has stopped. That is why there is no coherence, no coordination, no unified command at the level of home affairs,” he said.About surgical strikes, Chidambaram said the ownership should have been left to the Army. “First, the ownership should have been left to the Army like we have in the past. Second, we should not make statements like ‘Pakistan called us yesterday and begged us to stop’ or make statements like ‘I will gouge their eyes’. These statements make us a laughing stock,” he said. — PTI

‘Engaging Pak the only answer’

• Former Union Home Minister P Chidambaram said engaging Pakistan was the ‘only answer’ that India had
• He said the present government started at one extreme and had now swung to another
• “The first extreme was over-enthusiasm and the second is of their own making. Eventually, you have to live with your neighbours. The only answer is to engage Pakistan through trade, cultural exchanges or people-to-people exchanges,” he said

Vijay Mohan

Chandigarh, November 17

A Major General on deputation to the Assam Rifles is facing disciplinary proceedings after a woman Army officer accused him of misbehaving with her. He has been attached with headquarters of the newly raised 17 Corps at Ranchi for the conduct of proceedings against him, which depending on review of charges and evidence could entail a possible trial by general court martial.Sources say the hearing of charge (HoC) was done today by the General Officer Commanding, 17 Corps, who is the accused’s commanding officer. The HoC is a procedure where tentative charges are read out to the accused against whom disciplinary action has been ordered after being held blameworthy for an offence and where he is allowed to give his defence.Sources say the woman officer had submitted a written complaint to her superior officers about the incident that had taken place in Nagaland on October 24. Following this, a court of inquiry was ordered by Headquarters Eastern Command, which was presided over the Maj Gen ST Upasani, Chief of Staff, 17 Corps.The complainant, a captain with the Judge Advocate General’s Department, had alleged the accused called her to his room late evening for some official work and misbehaved with her.The accused, a decorated infantry officer who was nearing the end of his deputation, on his part denied the allegations against him before the court of inquiry.There are four officers of the rank of Major General posted with the Assam Rifles, a 66,400-strong Central Armed Police Force under the Ministry of Home Affairs that is responsible for peacetime management of the Indo-Myanmar border and undertaking internal security duties in the North-East.There have been instances in the past where senior officers have been held culpable for such actions and have been proceeded against under provisions of the Army Act. The Army takes such complaints and abrasions seriously and moves swiftly to deal with such cases.

October 24 incident

• A woman officer filed a written complaint to her superior officers about alleged misbehaviour by a Major General on deputation to the Assam Rifles in Nagaland on October 24
• A court of inquiry was ordered by the Headquarters Eastern Command and disciplinary action was ordered. The hearing of charge was done on Thursday by the General Officer Commanding, 17 Corps
• The officer has been attached with headquarters of the newly raised 17 Corps at Ranchi for the conduct of proceedings against him

Army Chief General Dalbir Singh Suhag at the Northern Command headquarters in Udhampur on Tuesday. Tribune Photo

Tribune News Service

Jammu, November 15

A day after Pakistan admitted that seven of its soldiers were killed in firing from across the border, Chief of Army Staff General Dalbir Singh Suhag visited the headquarters of Northern Command at Udhampur today.The General interacted with the formation commanders and reviewed the situation along the Line of Control and asked the troops to be alert to any inimical activity in the wake of the heightened tension on the border.The Army Chief commended the soldiers for boldly responding to ceasefire violations along the LoC. He lauded the synergy and cooperation between the Northern Command, Air Force, paramilitary forces, civil administration and the Central police organisations operating in the region.According to an official handout issued by the PRO (Defence), Udhampur, the Army Chief exhorted the troops to be alert to the enemy’s inimical designs and be aggressive in their approach.

Judiciary above Constitution? Akalis to move motion in LS

Sarbjit Dhaliwal

Tribune News Service

Chandigarh, November 11

The Shiromani Akali Dal (SAD) will move an adjournment motion in the Lok Sabha next week to initiate a debate on whether the judiciary is above the Constitution or not.“We will urge the House to decide once and for all whether the judiciary is above the Constitution and that the legislature is subordinate to it,” SAD spokesman Prem Singh Chandumajra said here today.Speaking to mediapersons, he said the Supreme Court’s judgment invalidating the Punjab Termination of Agreements Act, 2004, was unconstitutional, adding that the court could not take away the state’s rights over its riverwaters.“The way the Congress government in Punjab was arm-twisted to sign the water-sharing agreement with Haryana in 1981 by the then Prime Minister Indira Gandhi was not only illegal but also a travesty of justice,” the Akali MP said.“By moving the motion, the SAD MPs will urge the Lok Sabha to decide whether the judiciary can undo an Act enacted by the legislature on a subject within its purview,” said Chandumajra.He said a delegation of Akali leaders led by Chief Minister Parkash Singh Badal would submit a memorandum to the President — probably next week — to take note of the “constitutional crisis”.The exercise to return to the farmers concerned the land acquired for the SYL canal will start soon, he said. He asked the Congress MLAs not to skip the emergency session of the Assembly scheduled for November 16 to pass a new Bill on the riverwaters.“The Congress MLAs will gain nothing by quitting the Assembly. They are running away from their responsibility to protect Punjab’s interests,” said Chandumajra. He added that the new Act would be a “bold step to safeguard the state’s major interests, including its rights over riverwaters”.Why didn’t Capt quit in 1982, asks SADChandigarh: The SAD on Friday asked PPCC chief Capt Amarinder Singh why he did not resign as an MP when the then Prime Minister Indira Gandhi laid the foundation stone of the SYL canal in 1982. SAD spokesman Dr Daljit Singh Cheema accused the Congress of adopting double standards. “At the time of the start of the excavation work, Amarinder stood with Indira Gandhi like a rock. Had he resigned at that time, the situation would not have reached this stage,” Cheema added. He alleged that senior Congress leaders such as Amarinder and the then Chief Minister Darbara Singh had betrayed the people of the state for vested interests. TNSNo Punjab water to other states: SukhbirLudhiana: Deputy CM Sukhbir Singh Badal reiterated on Friday that there was no question of giving water of Punjab to any state. “Water is our life and we will not let our life be taken away, no matter what,” he said. He said this during a function organised to launch the Ujjwala Scheme on Friday. On being asked if reports of stoppage of bus service between Punjab and Haryana were true, he said no such step had been taken by the Punjab government. “There is no such thing. Is there any enmity? We all are brothers,” he said. TNS

Grave injustice done: Badal writes to Prez

Ruchika M Khanna

Tribune News Service

Chandigarh, November 11

A day after the Supreme Court verdict, the Shiromani Akali Dal (SAD) today drafted a Bill aimed at setting set aside all water-sharing pacts and sought an audience with the President. The party is trying to get an appointment before the special session of the Vidhan Sabha on November 16.Meanwhile, the SAD has decided not to launch a stir right away. A meeting chaired by SAD president Sukhbir Singh Badal in Ludhiana late in the evening decided not to take the SYL issue to the people as of now.In his letter to the President, Chief Minister Parkash Singh Badal wrote: “The issue of Punjab’s legitimate and constitutional right over its riverwaters is a question of life and death for each and every Punjabi today and for all times to come. It is neither a political nor a mere issue but one that is deeply human, even though in purely legal terms, the people of Punjab demand nothing that is not constitutionally theirs.”The letter goes on to say though the Punjab Government respected the honorable court, it respected the Constitution even more, “which clearly forbids the Government of India from arrogating to itself the right to adjudicate on distribution of riverwaters among states. Grave injustice has been done to Punjab by the Government of India… “The Akali MPs have been asked to raise the issue in Parliament during the winter session. Party spokesperson PS Chandumajra said the SAD would move an adjournment motion in the Lok Sabha to initiate a debate on whether the judiciary was above the Constitution. He said the move to return farmers their land acquired for the SYL canal would be initiated soon.Even as the Deputy CM accused the Congress of “running away by resigning at this time of crisis”, a senior Akali leader said being in majority, the government did not need the Opposition to either pass a Bill or a resolution during the November 16 House session.With the Congress and AAP raising the pitch and fearing a law and order situation, the government has requested for additional security. “At least 10 companies of central forces were requisitioned till November 12. We have now asked the Centre to extend their stay till November 19,” said an officer.

Gandhi wants all MPs to quit

Rebel AAP MP Dr Dharamvira Gandhi (c) leads a protest in Chandigarh. Tribune photo: Manoj Mahajan

Tribune News Service

Chandigarh, November 11

Suspended AAP MP Dr Dharamvira Gandhi said here today that he was ready to resign as a member of the Lok Sabha on the riverwaters issue. “But before taking this step, I will ask all other MPs from Punjab to do the same,” he said.He added that if the MPs did not agree to quit, he would request them to stall the functioning of Parliament till justice was done to the state.“Punjab has suffered a lot over the past several decades. It is the duty of the elected representatives from the state to save it from more suffering,” he said.Dr Gandhi said Punjab did not have a drop of surplus water, so it was the need of the hour to revisit all old agreements on the riverwaters.Meanwhile, the Dr Gandhi-led Punjab Front and the CPI (Marxist-Leninist Liberation) staged a protest here today against the SYL canal. Leaders of the Democratic Swaraj Party, Akhand Akali Dal and the Bahujan Sangharsh Dal were among those who took part.Manjit Singh and Harbans Singh, president and general secretary of the Democratic Swaraj Party, respectively, Sukhdev Singh Bhaur of the Akhand Akali Dal, Resham Singh of the Bahujan Sangharsh Dal and Sukhdarshan Natt of the CPI (ML Liberation) also addressed the gathering.

Punjab plans watertight bill, Haryana stops bus services

By tendering resignations ahead of the assembly polls, Amarinder Singh and his colleagues are trying to become martyrs by smearing blood on their fingertips. PARKASH SINGH BADAL, Punjab CM

CHANDIGARH: The Punjab government is likely to bring a new bill on the inter-state water dispute in a move that could potentially complicate the legal tussle with Haryana over sharing of water from the Beas and Sutlej rivers, official sources said on Friday.

KESHAV SINGH/HTCongress legislature party (CLP) leader Charanjit Singh Channi submitting party MLAs’ resignations to an official of the Punjab assembly in Chandigarh on Friday.

The move comes a day after the Supreme Court ruled in favour of Haryana in the water-sharing dispute. With tension rising, Haryana suspended state-run buses to Punjab citing security reasons.

Blaming the Union government for “grave injustice”, the Parkash Singh Badal-led SAD-BJP government indicated that it was legally examining the option to stop current flow of Punjab’s river waters to its neighbours.

“The Constitution clearly forbids the Centre from arrogating to itself the right to adjudicate on distribution of river waters among states. Grave injustice has been done to Punjab by the Centre, violating this Constitutional clause,” CM Badal said in his letter to President Pranab Mukherjee, seeking audience, along with council of ministers.

Upping the ante, all 42 Punjab Congress MLAs tendered their resignations. The MLAs marched to the state assembly after holding a meeting of the Congress Legislature Party and handed over their resignation to the secretary of the House in the absence of Speaker Charanjit Singh Atwal to protest against the SC order.

Amarinder Singh’s government had enacted the Punjab’s Termination of Agreements Act2004 to stop work on the 212-kmlong Sutlej-Yamuna Link (SYL) canal. Haryana, which is banking on the canal to water from the rivers to the state’s “dry and arid areas”, had moved the top court opposing the law.

Punjab government sources said the fresh bill is likely to be introduced at a special session of the assembly, convened on November 16 to discuss the verdict.

The Badal government has vowed not to “allow a single drop of water” to be taken from Punjab.

Government sources say at the heart of the move to bill a fresh bill is to go beyond the 2004 act, particularly clause 5 that mandates flow of river waters to Haryana and Rajasthan.

Sources said the government has tasked advocate general Ashok Aggarwal and other top legal eagles to put in place a strategy to hit-back politically and stay ahead of the Congress, which has blamed the ruling alliance of failing to protect Punjab’s interest in court.

Earlier in the day, the Congress announced a statewide agitation from November 13, with a public rally at a village in south west Punjab.

Suspending bus services to Punjab, Haryana additional chief secretary, transport, Sudeep Singh Dhillon said: “It is a precautionary measure in view of the prevailing situation.”

Though the transport department claimed that only long-route operations have been temporarily stopped, some depots have stopped plying buses even on short routes.

Some Haryana leaders and khaps have threatened not to allow vehicles from Punjab to pass through the state if the Badal government does not accept the court verdict.

SUTLEJ-YAMUNA LINK CANAL

Channi flays Badal for ‘volte-face’

Says CM himself vouched for SYL in 1985; Cong to meet President on Nov 16; CLP leader’s yatra concludes

Congress Legislature Party (CLP) chief Charanjit Singh Channi (red turban) and other leaders, along with workers, in the Jawani Sambhal Yatra at Amritsar on Friday. Tribune Photograph

Tribune News Service

Amritsar, November 11

Flaying Punjab Chief Minister Parkash Singh Badal for misleading the people, Congress Legislature Party (CLP) chief Charanjit Singh Channi reminded him that it was the Shiromani Akali Dal that had made the commitment under the Punjab Accord in 1985 to complete the construction of the Satluj Yamuna Link (SYL) canal.Reaching the holy city today on the last day of his Jawani Sambhal Yatra, Channi said, “The CM must explain as to why two notifications— No.113/5/SYL and No. 121/5/SYL dated February 20, 1978—- were issued for the acquisition of land for this canal when he himself was the chief minister. Moreover, Section 17 of the Land Acquisition Act was added to waive Section 5(a) on grounds of urgency.”“Badal should also tell the people about the statements made by his family friend and the then Haryana Chief Minister Chaudhary Devi Lal in the Assembly about him having agreed to lay the foundation of the SYL canal. It is on record from which Badal can’t backtrack,” he said.Channi reminded Badal that it was part of his party manifesto to drop Section 5 of the Punjab Termination of Agreements Act, 2004, but he only took the people for a ride on the issue. Setting the record straight, he said it was not Punjab that first went to the Supreme Court against the 1976 apportionment by the Centre under the Punjab Re-organisation Act, 1966, but that Haryana and Punjab had only followed suit.The Akali Dal came to power first in 1967 and Parkash Singh Badal took over as the chief minister for the first time on March 27, 1970 and continued to rule the state till June 14, 1971. “Did his party or he himself as the chief minister lodge any protest with the Centre at that time against sections 78-80 of the Punjab Reorganisation Act, 1966, under which the then Prime Minister announced the award on apportionment of river waters between Punjab and Haryana in 1976,” he questioned.The CLP today adopted a resolution to meet the President of India, Pranab Mukherjee, on November 16 in the context of the Supreme Court verdict on the presidential reference on the Punjab Termination of Agreements Act, 2004. The delegation would include all the MPs and MLAs.Through another resolution, the CLP demanded the immediate dismissal of the Badal government for having failed to protect the interests of Punjab in the Supreme Court. The CLP also cited apprehension about the polls being free and fair under the present dispensation in the state.Channi said that in the CLP meeting held today under his leadership, it was unanimously decided that the Congress would seek time from the President of India to convince them on the present water scenario in Punjab. All the senior Congress leaders and legislators would accompany him, Channi added.Meanwhile, Channi entered the city with his Jawani Sambhal Yatra on the fifth day of his campaign where the locals and the entire party rank and file accorded him a warm welcome. The yatra that includes 2,000 cyclists from Sri Chamkaur Sahib travelled more than 350 kms in five days, criss-crossing more than 20 assembly constituencies. The theme of the yatra was the fight against drugs, unemployment and corruption. All these issues are related to the youth of Punjab. Earlier, the yatra was undertaken from Sri Chamkaur Sahib to Sri Talwandi Sabo for seven days.

FACT FILE

• The CLP today adopted a resolution to meet the President of India, Pranab Mukherjee, on November 16 in the context of the Supreme Court verdict on the presidential reference on the Punjab Termination of Agreements Act, 2004. The delegation would include all the MPs and MLAs
• Channi entered the city with his Jawani Sambhal Yatra on the fifth day of his campaign where the locals and the entire party rank and file accorded him a warm welcome
• The yatra that includes 2,000 cyclists from Sri Chamkaur Sahib travelled more than 350 kms in five days, criss-crossing more than 20 assembly constituencies

AAP launches dharna at Kapoori village

 

AAP leader Sanjay Singh addresses a dharna at Kapoori village on Friday. Tribune photo: Rajesh Sachar

Tribune News Service

Kapoori (patiala), November 11

The Aam Aadmi Party (AAP) today started a dharna in the district’s Kapoori village against the Supreme Court verdict invalidating the Punjab Termination of Agreements Act. The party will start a relay fast tomorrow.Sanjay Singh, incharge, political affairs, Punjab; Jarnail Singh, joint in-charge; Gurpreet Singh Waraich, Punjab convener; and other leaders, including HS Phoolka, Sukhpal Khaira and Kanwar Sandhu, reached the protest site.Late Prime Minister Indira Gandhi had laid the foundation stone of the Sutlej-Yamuna Link (SYL) canal at Kapoori village on April 8, 1982.The AAP leadership targeted both the SAD-BJP combine and the Congress for their hypocrisy. Sanjay Singh said Punjab Congress chief Capt Amarinder Singh was the biggest traitor of Punjab and his resignation from Lok Sabha was eyewash.“Capt Amarinder had welcomed a proposal for the SYL canal decades ago. He even accompanied Indira Gandhi when she laid the foundation stone. Now, he is raising a hue and cry about saving Punjab waters. If he is serious about Punjab, why didn’t he raise his voice then?” he added.Jarnail Singh hit out at Capt Amarinder for resigning as MP. “He should have fought for Punjab waters in Parliament as the final decision will be taken there,” he said.Gurpreet Waraich said, “If AAP comes to power, it will fight a do-and-die battle for Punjab waters.”

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Jaitley meets Governor in ChandigarhChandigarh: Finance Minister Arun Jaitley paid an unannounced visit to the residence of Punjab Governor VP Badnore here on Friday. A Principal Secretary of the Punjab Government, requesting anonymity, said: “There is speculation that Jaitley was sent by the Centre to sort out the SYL logjam between the neighbouring states.” A senior BJP leader, however, said: “He is here to attend a ceremony preceding the marriage of the grandson of Justice Kuldip Singh (retd).” tnsWork out mutually acceptable pact: CPMNew Delhi: The CPM on Friday asked the Centre to work out a mutually acceptable and beneficial agreement with Punjab and Haryana on the SYL canal. The party politburo said, “The Centre must step in immediately to avoid escalation of tension.” PTIIndependent MLA Babbi quits tooHoshiarpur: Backing PPCC chief Capt Amarinder Singh’s stand on the SYL issue, Independent MLA from Mukerian Rajneesh Kumar Babbi on Friday handed over his resignation to the Vidhan Sabha Speaker. He said the SC verdict showed that the SAD-BJP government had failed to protect the rights of the people of Punjab. Babbi is the son of former Finance Minister Dr Kewal Krishan. OCPanel to finalise Cong candidates by mid-DecJaipur: The chairman of the Congress screening committee, Ashok Gehlot, said on Friday that the party candidates for the Punjab Assembly poll would most probably be finalised by the middle of next month. “Winnability will be the main criterion while shortlisting the candidates,” Gehlot said. OC

Congress MLA, supporters block Sirhind railway line

Congress MLA Kuljit Singh Nagra (C) and his supporters block the track at the Sirhind railway station on Friday. Tribune Photo

Fatehgarh Sahib, November 11Hundreds of Congress workers led by Fatehgarh Sahib MLA Kuljit Singh Nagra today blocked the Rajpura-Jalandhar railway line passing through Sirhind. They protested against a Supreme Court’s verdict on the SYL canal.Nagra and 41 other Congress MLAs resigned from the Vidhan Sabha yesterday in protest against the order.Nagra and his supporters stopped Jansewa Express (Amritsar-Saharsa, Bihar) train on Sirhind railway track.The train halted for about 30 minutes. Subdivisional Magistrate (SDM), and personnel of Government Railway Police (GRP) and Rapid Action Force (RPF) tried in vain to remove the protesters.The blockade was lifted after SSP Harcharan Singh Bhullar intervened. — TNS

SYL verdict divides Cong, BJP in 2 states

Capt Abhimanyu, Punjab BJP co-in charge

Pradeep Sharma

Tribune News Service

Chandigarh, November 11

The Supreme Court decision on the SYL canal has divided the BJP and the Congress in Haryana and Punjab with respective state units taking diametrically opposite stands on the issue.In fact, different stands of these parties in two neighbouring states portend ill for them in the run-up to the Assembly elections in Punjab where stakes are high for both the Congress and the BJP, the junior partner in the SAD-BJP alliance.While the Haryana Congress wanted Punjab Chief Minister Parkash Singh Badal to uphold the Constitution and implement the SC judgment in ‘letter and spirit’, its Punjab counterpart is up in arms against the apex court decision with PCC chief and Amritsar MP Capt Amarinder Singh and all Congress MLAs resigning from their posts against the decision.The situation in the ruling BJP is no different with the Punjab BJP throwing in its lot with the alliance partner SAD on the issue while the BJP in Haryana had termed it a victory for the state residents.AICC Communications in charge and Kaithal MLA Randeep Surjewala sees no contradiction in the Congress stand on the issue claiming that in a democratic setup individuals were free to take a particular stand keeping in view the interests of their respective state.Haryana Finance Minister Capt Abhimanyu, who is also co-in charge of the BJP’s Punjab Affairs, also parried question on the SYL canal issue saying that “he would keep visiting Punjab to prepare party for elections.” “I will not speak about SYL canal, but discuss only election-related issues in Punjab,” he quipped.Meanwhile, the INLD and the Congress will hold their meetings in Chandigarh on November 14 to chalk out future course of action on the SYL canal issue.

Govt suspends bus services on several routes to Punjab

Chandigarh, November 11

Fearing possible law and order problems after the Supreme Court’s verdict on the Sutlej-Yamuna Link (SYL) canal issue, the Haryana Transport Department today suspended services to several destinations in Punjab as a “precautionary measure”.Services were suspended after the department issued directions to all bus depots in the state to take necessary steps after assessing the situation for safety of their buses.Bus services remained suspended on several routes, including those to Ludhiana and Katra in Jammu and Kashmir, Transport Department officials said.Gautam, a trader at the Ambala bus stand, said: “I have been waiting here for the past nearly an hour, but I didn’t get any Haryana Roadways bus. I need to reach Ludhiana. A couple of private buses have arrived, but they take a lot of extra time due to their extra stoppages and that is why, I prefer the Haryana Roadways bus.”General Manager, Roadways, Kuldheer Singh said the buses that used to go to Punjab were being sent to Kapal Mochan fair in Yamunanagar.Bus services were suspended from Fatehabad, Kurukshetra, Yamunanagar, Kaithal and Ambala depots, officials said.”The decision to suspend bus services on routes to Punjab was taken yesterday,” an official posted at the Ambala Roadways Depot said. However, officials said bus services on some routes to Punjab were restored in the evening. There were no reports of any damage to buses, they said.Meanwhile, PEPSU Road Transport Corporation (PRTC) at Patiala in Punjab said their bus operations on Haryana routes remained normal. “No bus service (to Haryana) was suspended,” PRTC Managing Director Ravinder Singh said. — PTI & TNS

Manohar Lal Khattar

Ravinder Saini

Tribune News Service

Ateli (Mahendragarh), November 11

Giving credit of the Supreme Court judgment in the SYL canal case to his own government, Chief Minister Manohar Lal Khattar said the verdict would directly benefit people of south Haryana as they would be able to get adequate canal water for agriculture.Khattar was addressing a gathering in Ateli Mandi of the district today. Greeting the people of south Haryana, Khattar said the judgment would turn out to be instrumental in changing the fortune of south Haryana in terms of development.“Political game was being played on the SYL canal issue for decades, but the BJP immediately after coming to power in Haryana not only took up the issue seriously but also presented the state’s view before the court effectively, leading to judgment in favour of Haryana,” said the CM.The Chief Minister maintained that the state government had already initiated the work of upgrading the irrigation system with a cost of Rs 2,000 crore in south Haryana so that the region could immediately get the SYL canal waters.Speaking on a demand raised by Deputy Speaker Santosh Yadav, for a special project to provide canal-based potable water in 60 villages of the region, the Chief Minister said the problem would be resolved on priority by preparing a mechanism in this regard.On demonetisation of Rs 500 and 1,000 notes, Khattar said common man was delighted by this bold step but those who had amassed black money through illegal means were having sleepless night ever since the scrapping of the currency.Earlier, the CM laid foundation stones of ITI building at Sujapur, railway over bridge on the Ateli-Bahrod and community centre at Sehlang village.The CM also announced an auditorium in Government College and Kisan Bhawan in Ateli, multi-skill centre at Fatni village, health centre, Panchayat Bhawan and aangwari centre in Prithipur village and construction of road from Bazad to Ganihar.

Political and legal aspects of water dispute

NEW DELHI/CHANDIGARH: The war over water in Punjab is generally viewed from the Akali-Congress perspective. But the catch is in its legal nuances — and the Aam Aadmi Party’s bid for equity in the emerging emotive space.

HT FILE PHOTOTo identify with the popular rage water-sharing arouses in the agrarian state, the Congress has taken the path of renunciation and the Akalis of defiance.

“As AAP has no baggage from history in the state, it can draw no political advantage from the issue inherited from history,” argued Chandigarh-based political scientist Pramod Kumar. In contrast, the two traditional rivals have enough arrows to draw from history’s quiver; the water-sharing dispute between Punjab and Haryana having festered since the reorganisation of states in 1966.

To identify with the popular rage water-sharing arouses in the agrarian state, the Congress has taken the path of renunciation and the Akalis of defiance. Capt Amarinder Singh resigned from the Amristar seat he had in the Lok Sabha while his party legislators quit the state assembly. The Akalis under chief minister PS Badal refused to accept the view the Supreme Court tendered in response to the 2004 presidential reference.

Amarinder and Badal cancel each other out in terms of political dividend: the law declared unconstitutional was passed when Amarinder was CM; Badal refuses to accept the court’s view on the law bequeathed by his predecessor and political rival

Struggling for stakes in the ongoing tussle, AAP has chosen to replicate the Akali protests of yore at Kapoori in Patiala. The venue is significant. It was there that Indira Gandhi inaugurated the construction of the SYL canal in 1982, triggering the Akalis’ “Kapoori Morcha” against the canal that’s still incomplete.

There’s intense speculation that the Akali defiance of the court may push it to President’s Rule. But a central minister told me the CM’s refusal to accept the court’s advice to the President under Article 143 does not amount to its contempt.

To that, the Congress’s Kapil Sibal averred: Badal might adopt a political stance, but the court’s view holding the Punjab law “unconstitutional” is binding on the Centre. “Wasn’t it the Centre that made the reference to the court?” he asked.

The constitutional position, as explained by senior advocate KN Bhat, is as follows: The court’s reply to a presidential reference isn’t binding the way its judgments are. Theoretically, that’s the position. “In practice, it gets the primacy it deserves as a view expressed by the highest court,” he said.

The remedy available to Haryana in the face of Punjab’s intransigence was to have the dispute — to which states like Rajasthan and Delhi are also a party — referred to a tribunal set up under Article 262 of the Constitution. The said article mandates that inter-state water disputes cannot be settled by courts and have to be referred to tribunals.

There’s scope therefore to further delay the protracted dispute to which there can be no easy resolutions in election time. Like it took the court 12 years to respond to the reference made in 2004 — after Punjab unilaterally blocked SYL construction and scrapped water agreements with other states.

Kejriwal fighting shy of taking pro-Punjab stand

CHANDIGARH: The silence of the otherwise vitriolic national convener of the Aam Aadmi Party (AAP) and Delhi chief minister Arvind Kejriwal on the contentious issue of the Sutlej-Yamuna Link (SYL) canal is deafening.

While his party leaders in Punjab have jumped into the fray launching an anti-SYL agitation at Kapuri village in Patiala on Friday afternoon, the AAP supremo, who belongs to Haryana, is fighting shy of taking a pro-Punjab stand on the water issue in which Delhi state is also a party.

No wonder Kejriwal, who is caught in a bind, has not expressed his own view on the matter, apart from a series of retweets on the subject on Thursday. Having taken note of it, leaders of rival parties are taking potshots at him. State Congress chief Captain Amarinder Singh, who resigned from the Lok Sabha within minutes of the Supreme Court verdict, has asked Kejriwal to make his stand clear on the issue.

SAD leaders mocked at AAP supremo for his “shifting” stand on the issue. He first spoke in favour of Punjab saying that the state has no water to spare for anyone. Then in April, the Delhi government, through its Jal Board, filed an affidavit in the Supreme Court favouring Haryana, opposing Punjab’s claim on the river waters. To avoid a political backlash, Kejriwal later sent the Jal Board counsel packing while assuring Punjabis that his government would file a fresh affidavit in the court. The new affidavit, however, said that the Delhi government had nothing to do with the dispute between Punjab and Haryana, but supported Punjab’s plea that the Supreme Court should refuse to give its opinion on the Presidential reference.

The clamour for Kejriwal to speak up is only sharpening. His party’s former convener in Punjab Sucha Singh Chhotepur, who is now heading the Apna Punjab Party (APP), too wants an answer from Kejriwal.

Bains brothers, Independent MLAs from Ludhiana, who are part of the Navjot Singh Sidhuled Awaaz-e-Punjab, also made it clear on Thursday that there will be no tie-up with Kejriwal till he supports Punjab on the canal issue. Remaining in the background, Kejriwal, however, has asked his Punjab team to make the most of this opportunity in the run-up to the high-stakes polls.

AAP state leaders held a press conference on Thursday vehemently opposing any move to take up construction of the SYL canal.

Supreme Court lawyer HS Phoolka, AAP candidate from Dakha, even went to the extent of saying that the construction of the canal would begin over his dead body.

Punjab, Haryana AGs differ on applicability of SYL canal verdict

It is not binding on the President to accept it. He can accept, reject or seek a fresh opinion from the SC. ASHOK AGGARWAL, Punjab advocate general This argument was even raised during the hearings. It’s binding (on all parties). There is no escape route. BR MAHAJAN, Haryana advocate general

CHANDIGARH: The advocates general of Punjab and Haryana on Friday expressed divergent views on applicability of the Supreme Court verdict on the Sutlej- Yamuna canal issue.

Talking to reporters, Punjab advocate general Ashok Aggarwal said the reference had been answered by the Supreme Court in its advisory capacity.

“It is not binding on the President to accept it. He can accept, reject or seek a fresh opinion from the Supreme Court on presidential reference answered in a matter,” he said.

Aggarwal, however, could not cite any precedent but said, “There have been very few presidential references made since Independence. I can give details after checking it. But do not remember off hand,” he said.

Aggarwal further said that a team had been formed by the Punjab government, which included him as well, to examine the “opinion”.

“We shall start examining it today (Friday) and may be able to tell our view by tomorrow evening. But all I can say now is that we have more than one options before us,” he said. One apparent reference was of review petition, but he did not elaborate on other options.

A few retired judges of the Supreme Court and the Punjab and Haryana high court and former Punjab advocate general Harbhagwan Singh had told the Hindustan Times on Thursday that presidential reference was binding on the President and could not be rejected.

Haryana advocate general BR Mahajan told reporters that the presidential reference answered by the constitutional bench of the Supreme Court was binding on President or governments. “This argument was even raised during the hearings. It’s binding (on all parties).

There is no escape route,” he said, adding that a petition was pending before the two-judge bench of the Supreme Court on the issue, which would now automatically get revived with this development.

All 42 Cong MLAs quit, party to launch protests tomorrow

CHANDIGARH: All 42 Congress MLAs in Punjab resigned from the membership of the Vidhan Sabha on Friday. In absence of speaker Charanjit Singh Atwal, they handed over the resignation letters to his office staff.

The party also announced statewide protests starting from Sunday (November 13) with a rally at Suian Sarvar village in Abohar area of southwest Punjab.

The resignations were tendered as a mark of protest over Thursday’s adverse Apex Court ruling on Termination of Agreements Act-2004 that had annulled all inter-state agreements related to water-sharing.

Before handing over the resignations, most of the MLAs attended a meeting addressed by Punjab Pradesh Congress Committee (PPCC) president Capt Amarinder Singh, in which the pros and cons of the move were discussed. Some of the MLAs were of the view that Akali-BJP was holding a special session on November 16 and their absence there may go against the party.

“Our stand is clear, we are with Akali-BJP government in case they do anything in the larger interest of Punjab, though I have no hope from them,” said Amarinder, who had quit his Lok Sabha membership on Thursday, immediately after the Apex Court’s verdict.

The PPCC president said the Akalis have backstabbed the people of Punjab as before the Supreme Court verdict, they promised to make all kinds of “sacrifices” to save the rights of Punjab. “Harsimrat Kaur Badal (Akali MP and Union minister) should have resigned if Akalis are really concerned about the state,” he said.

On the choice of Abohar for protest, Amarinder said: “This area will become a desert in case water flows into Haryana through the SYL canal.”

He said the Congress on coming to power will bring in laws to finish the matter once and for all. “I am consulting legal experts to find a way out,” he said. Congress Legislature Party (CLP) leader Charanjeet Singh Channi, Rajya Sabha MP Partap Singh Bajwa and other senior leaders of the party were also present. DELEGATION TO MEET PRESIDENT

Amarinder said that he will lead a party delegation to meet President Pranab Mukherjee on November 16. “I will tell the President that in case water flows into the SYL canal, it will lead to a serious law-andorder problem. I am sure the President understands the issue and will take a stand keeping in view the concerns of Punjab,” he said. DON’T DRAG OUR HIGH COMMAND: AMBIKA

“Don’t drag our high command, it’s the fight of Punjab Congress,” state Congress’ campaign committee chairperson Ambika Soni told mediapersons. She was replying to a query that if the Congress says injustice has been done to Punjab, why the party high command was not supporting the state’s cause.

On the party’s plan at national level, she said PCC president has asked all party MPs from Punjab to voice Punjab’s concerns in the Rajya Sabha and Lok Sabha. JAKHAR TAKES A JIBE AT AKALIS

On Akali Dal rally at Moga on December 8, coinciding with the birthday of Punjab CM Parkash Singh Badal, senior Congress leader Sunil Jakhar said, “Should they celebrate CM’s birthday or mourn the Supreme Court decision against Punjab?”