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?
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