Tuesday, December 27, 2016

Grant of NFU To Armed Forces? Will It Make Defense Commissioned Officers Equal in Status with Group A Services?

Recently Armed Forces Tribunal granted NFU to defense officers as granted to civilian officers of group A services to bring some parity in financial compensation as given to  IAS officers. There appears to be signs of happiness among military families with a hope to get increased financial compensations and pensions at par with IAS.

How does the case unfolds itself is yet to be seen as if Central Govt appeals to SC then the case still remains open? However the case opens up some more questions?

Is the judgment putting commissioned officers at parity with Group A Services and not with All India Civil Services (IAS/ IPS/ IFS)?   In eyes of article 308-313 of the constitution, the Constitutional status of commissioned officer is superior then  all India Civil Services then why the parity with Group A services is being drawn?

Constitutional status of defense services has been explained the the blog http://mycriticalreviews.blogspot.in/2016/10/faqs-why-are-soldiers-agitating-are.html .

In govt functioning it is well know fact that pay compensation are taken as a thumb rule to draw parity and govt argument that it does not apply to officer of defense forces is actually not practiced.  With this judgment  surely officers of the defense forces will draw parity with group A services.

Then how shall it be done to compensate officers of the defense officers when it is known fact that with present pay structure even life time compensation of military chiefs is far lesser than any IAS even if he retires as Joint Secy.

It is more question of parity in compensation than NFU? NFU is a tool used by group A officers to get some pay and pension parity with IAS. Why shall defense officers use this tool of NFU for parity and compromise with their constitutional status? There are other methods of doing it which may be called Financial Parity Compensation for Military Officers (FPCMO)?

When India gained independence, parity with IAS in pay and pension to defense officers was ensured by a policy in which length of service was taken as sole criteria for fixing the pay parity between IAS and defense officers. The policy ensured that average pay and pension of a batch of Military officers is same as the same batch of IAS. As the officers of defense retired early they were compensated with enhanced pensions.

In 1973 this  policy was violated by 3rd Pay Commission. legally defense officers shall only challenge the violation of this policy and not bid for NFU? However the NFU can be cited as example to build the argument for restoration of parity as per the established principles which were violated. Defense officers shall therefore bid for Financial Parity Compensation for Military Officers (FPCMO) and not call it NFU deriving parity with group A services which actually violates constitutional provisions of superior status of officers of defense forces.

The end status shall be restoring parity as under

1. Average Pay of a Batch of Officers of Defense forces shall be = to average pay of same batch of IAS + additional compensation for military service

2. Average pension of a Batch of officers of Defense Forces shall be = to average pension of same batch of IAS (irrespective  of length of service as def officers retire early)

similar formula shall be used to compensate PBORs where in JCO shall be equated with class II Gazetted officers and NCO with Sub Inspectors which legally they are.

Hope good sense prevails. My compliments to Col Mukul Deo and his team. I am sure above inputs will be taken into consideration by him, his team and service HQs.

Are Foreign Arms Dealers Calling the Shots? Arrest of Ex Air Chief Tyagi & His Bail by Court.

Amazing it can only happen in India. 

CBI Court grants bail to arrested Ex Air Chief SP Tyagi observing that in spite of four years of investigation CBI has not produced any evidence to show bribe money trail reaching to him? That means Ex Air Chief was arrested on single evidence of diary note of a foreign arms dealer. 

In eyes of Indian Evidence Act such evidence doesn't provide enough ground for police or CBI to arrest a suspect even then CBI arrested Ex Air Chief? Does it mean police officers posted in CBI are not aware of provisions of Indian Evidence Act or other criminal laws? That is not the case. Police officers posted in CBI have good knowledge of law? Then why did they arrest Ex Air Chief S P Tyagi? It throws more questions?

1. Did blunt counter questioning of Ex Air Chief Tyagi while he was being questioned by CBI about suspected roles of babus and politicians of NDA and UPA Govt annoy Foreign Arms- Babu- Politician Mafia and they decided to tech him a lesson?

2. Did IPS officers leading CBI want to flaunt their powers over military chiefs and arrest him to scare others?

3. Was Ex Air Chief used us a pawn in political wrestling between BJP and Cong ?

4. Was it a warning shot by political party in power to all serving and retired chiefs and Generals to toe political lines of party in power or face such humiliating arrests? (this will start a new cycle when other political party comes in power)

5. Was it a warning shots by defence industrial complex and arms dealers owning many govts globally to Indian Military Chiefs and Generals to toe their lines? In internal game of arms sale rivalry many dirty games may be played? (Latest update from Italy- case is reopened by their courts)

Whatever is the reason but fact is after arrest of Ex Air Chief S P Tyagi on  fishy evidence, a precedence has been set wherein all serving and retired chiefs and generals are now prone to such actions and thus to blackmails by foreign arms dealers, politicians and babus. The institution of armed forces is under attack from corrupt mafia which has strong links with foreign agents. It is surely a dangerous trend which has potential to  kill the entire defense  mechanism of India. 

In above situation it becomes more essential for present Air Force Chief to take over the case under Military laws to protect institutional credentials of armed forces and  save Indian defense mechanism from collapsing. To  restore credential of armed forces this case needs to be investigated impartially to bring the facts on records and book the culprits.  Armed Forces governed by their own laws shall not rely on CBI to give them the certificates of honesty? 

Those who are trying to copy Erdogan shall also be shown the pathetic performance of Turkish Army in Syria and against Kurds. It is a clear indicator of downfall of Turkey. Let us not play with Indian defense specially so when China is knocking at your doorsteps in Nepal and Bangladesh. Time is friend of none and it surely doesn't pardon any one who commit strategic mistakes.  May God bless this country and prevent those flaunting arrogance of power from pushing this country to another era of slavery. 

Thursday, December 15, 2016

Is Military Leadership Under Threat of Political Blackmail? Cant Direct Probe Against PM Without Evidence Supreme Courts But Then Why Ex Air Chief is in Jail on Similar Evidences?

Yesterday Supreme Court ruled that just based on uncorroborated evidence of statement and records of hawala dealers or corporate diaries, PM can not be even investigated (forget prosecution)  cant-direct-probe-against-pm-without-evidence-supreme-court . This judgement has not only provided immunity to PM in this case where a strong lead exist for investigation but to many other corrupt politicians.
But here is a contrast? Based on similar kind of evidence, Ex Air Force Chief Air Chief Martial SP Tyagi has been jailed by CBI? Worst on same evidence, no action has been taken against any named Babus or other politicians? What is this game on? 

There is no doubt that, political desperation and impatience has increased so much, that no respect to apolitical institutions like armed forces are being shown? Case of Air Chief Martial; Veteran indicates to more sinister political game of politicians trying to open a new front of political blackmail of top military leadership? Let us see the facts:

1.   Air Chief Martial Tyagi; Veteran has been send to jail by CBI on instructions of PM, on evidences of those who are accused in the case and no further corroboration in form of cash flows directly reaching Air Chief Martial Tyagi; Veteran or he using it any manner exist. In eyes of Indian Evidence Act, it is a very weak evidence unless corroborated by recovery or usage of cash directly in the possession of him. 

2. If CBI has proceeded against ACM Tyagi based on a weak evidence than why SC has absolved PM when a similar evidence exists? 

3. No Babu or Politicians has been arrested in Agusta Westland case, though the same evidence as used against ACM Tyagi also exists against them too. No doubt the case is being used as a tool of political blackmail against Sonia & Rahul? Rahul now says he having strong evidence of corruption against PM to thwart any action by govt against them. So game of political blackmail and counter blackmail is on. SC ruling in fact protects PM against based on any here say evidence and corruption lead. 

4. But why has Air Chief Martial Tyagi been arrested? Even without his arrest present Govt was in position to politically blackmail Rahul? Where was the need to arrest Air Chief Martial Tyagi? Is there is something more to it? One arrow on two targets? 

5. It is not a hidden fact that since from day one, going much beyond political control, present govt has tried to take unconstitutional  command of armed forces? Let us see some facts?

a. In return of so called fake OROP, BJP expected total loyalty of soldiers to them and not to the constitution? 

b. Present defense minister raised the question on prerogative of services chief to have their own team of staff officers in services HQs. 

c. Present defense minister made a failed attempt to tweak the promotion system of officers within armed forces.  

d. Present defense minister has been insulting armed forces by appearing in shabby dresses in official ceremonies whereas he attends ceremonies of certain foreign armies in formal dresses. 

e. Body language of defense minister in presence of Indian top military leadership is very arrogant where as he behaves in a submissive manner in front of certain foreign defense and military heads. 

f. RSS a group having radical ideology, is trying to infiltrate under a special plan among retired soldiers specially so among PBOR.

g. Govt tried to further downgrade military officers in terms of parity with civil officers. 

h After 73, present govt has given yet another shock to military in 7th Pay Commission.

i. To the much disliking of present govt, services chiefs have not fully endorsed govt recommendations of 7th CPC for armed forces. The matter is still under consideration?  

k. On surgical strikes, Army did not fully towed the lines of BJP. 

l. In certain cases of proxy wars called terror strikes by govt, like Uri and Pathankot, Govt has tried to bypass legal authority of armed forces and use NIA to put them under pressure. Army revoking suspension of a Brigadier is not liked by the govt. 

All above has happens in just 2 years of BJP taking over governance. It shows clear signs of desperations? But why?

In all above cases, armed forces rightly have resisted govt attempts to unconstitutionally command them. BJP in power is showing signs of desperation and trying to control of all independent state organs.

In above situation arrest of Air Chief Martial Tyagi certainly is an attempt to send a warning to serving services chiefs and top military leadership to tow political lines of a party in total submission. The above expectations are not only unconstitutional but sets a wrong precedence of political blackmail of apolitical military leadership. If not stopped, it will lead to division and usage of armed forces actively  on political lines and create a very dangerous violent fault line detrimental to national defense. 

In national interest, it is the constitutional duty of armed forces to stop political parties in power from taking over of unconstitutional command of forces. As per our constitution govts are only responsible for giving geo-political directions and macro administration of armed forces. If the geo-political directions come from cabinet committee on security duly advised by services chiefs, foreign office,  NSA and others, then the macro administration of armed forces is supported by defense ministry. Constitution does not give legal authority of command of armed forces to PM or Defense Minister except President who can directly use such authority under article 34 in certain situations. 

But if the political party in govt is desperate and driven by ideology of Turkish leader Erdogan to destroy apolitical character of armed forces then what shall top military leadership do? 

Well constitution gives them legal powers to draw a line. In case of Air Chief Martial Tyagi; Veteran, present Air Chief based on investigation of CBI can take over the case under Air Force Laws and directly order recording of summary evidence. In such situation all evidences will be admissible to recording of summary of evidence where even civilian witnesses like babus and politicians will be called to dispose off. Air Force Chief then shall take a call after having duly considered produced evidence by CBI and other witnesses and also the current judgment of Supreme Court to further dispose off the case. For such actions Air Force Chief needs no govt sanction. 

Top military leadership shall realize that military laws are not punitive in nature but they also provide required protections from such political vendetta or blackmail even after retirement. It is constitutional obligation on all military leaders to protect apolitical character of armed forces or else the political desperation of lobbies controlled political parties will push armed forces to division on political lines resulting into violent clashes or may be a civil war?

Refer following link 

Monday, December 12, 2016

Motivated Arrest of Ex Air Force Chief by CBI. Has Air Force Abandoned Him to be Hunted by Corrupt Wolves?

On Arrest of Ex Air Force Chief; Air Chief Martial SP Tyagi; Veteran by CBI on alleged corruption charges in Agusta Westland case, present  Air Chief, Air Chief Martial Arup Raha said that it is unfortunate, the arrest has dented the image of Air Force and he can not say more as the case is sub-judice? 

Is he right in his statement? What does law say? or Is he just running away from his command responsibilities and abandoning his senior veteran colleague who is aged 70?  As a Military Veteran let me analyse it objectively in eyes of military laws? 

As far as case by CBI is concerned we all know that it has no substantial evidence and arrest of Air Chief Martial Tyagi  with out arresting any decision maker babu and politician is highly motivated and political in nature.

In eyes of Military Law the following violations can not be ignored?

1. The arrest has seriously dented the image and reputation of Air Force, other services HQs and senior military generals, admirals and martial? 

2. The credibility of procedures and decision making processes within military HQ is at stake?

3. The case if true is not only a crime under military laws but also violation of good order and military discipline.

4. Arrest seriously damages the trust of soldiers in their senior leadership which is directly related to the moral of the soldiers.

5. When the alleged crime was committed Air Chief Martial SP Tygai was subject to Air Force Laws and its provisions can surely be not ignored?

6. As per the present legal position in cases of corruption, the provisions of military laws even after retirement can be applied on Air Chief Martial?

7. Even if Govt takes a call to try him under the civil laws, the case puts serious questions on the procurement procedures and conduct of air force officers and the same can not be ignored? It surely demands actions under military laws.

In view of above, what actually present Air Chief Air Chief Martial Arup Raha shall be doing which he has not done? He shall:

1. Ask CBI & Civil Court to handover the case and custody of Air Chief Martial S P Tyagi; Veteran to Air Force.

2. Put Ex Air Chief in open arrest in any officers mess.

3. Order a court of Inquiry or recording of summary of evidence to conduct trials under Air Force Act. 

4. Summon Air Chief Martial SP Tyagi and all other retired officers, civilian babus and politicians to appear before it? Present laws permit calling civilians as witness. 

5. If above actions creates a situation of conflict with govt then at least have an internal court of inquiry? 

6. Findings of court of inquiry then shall be be disposed off as per military laws and shall also be shared with Civil Govt for their further actions against civilian culprits.

The moot question is, why has Air Chief Martial Arup Raha not complied with Military Laws and has resorted to a statement distancing himself and Air Force from the case.

Please understand these court of Inquiries or recording of summary of evidence under military laws are not only conducted to punish soldiers but these are also conducted to find the facts which in many cases actually protect the soldiers. 

It is not case of Air Chief Martial SP Tyagi or Air Chief Martial Arup Raha alone, It is a question which is related to pride of every soldier, reputation of senior leadership, our great institution of military services, we the people and compliance of military laws. 

Every member of military family needs answers to above questions. People surely do not trust CBI which is a highly politicized tool used by political party in power to promote their interests. Air Chief Martial shall not run away from his command responsibilities by not complying with provisions of military laws. These laws are not meant to punish or protect only soldiers but senior leadership too. 

A military court of inquiry shall bring the facts in light for the we the people. It might even protect arrested ex Air Chief, chased & hunted by corrupt wolves to save themselves. 

When people do not trust CBI, a military court of inquiry or recording of summary of evidence can only restore pride  of soldiers and trust of people in their military back. No govt is above law and provisions of military laws can not be ignored.

If Air Chief Martial SP Tyagi is involved in corruption then he must be punished and if he is not then he needs to be protected. It is only ordering a court of inquiry or recording of summary of evidence by present Air Chief which can do so. Let facts be put on record in legal manner.

Veterans shall also demand in one voice the same. We shall not only cry for OROP? It is also a question of our pride? All military veterans must stand behind justice and shall ask for recording of Summary of Evidence or Court of Inquiry? Army and Navy veterans have a big role too. Let us stand for justice and pride? No one has a right to tarnish the reputation of our great institutions and our pride?

Let us not forget setting of a wrong precedence exposes all military chiefs and other senior officers to a political blackmail. Present serving chief may be retiring soon and may be hunted in similar manner by subsequent govts for political motives.  Today it is Air Chief Martial Tyagi, tomorrow it may be Air Chief Martial Arup Raha? What is the assurance that BJP will remain in power for ever? CBI plays the balls of those who so ever is in power.

No Govt or military chief is above constitution and law. In accordance of provisions of military law, Air Chief shall ask  civil court and CBI to handover over the case and custody of Air Chief SP Tyagi; Veteran. In fact CBI should had submitted its findings to Air Chief which they have not so Air Chief shall exercise his legal powers and take over the case.