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.