all for their ‘efficacy’ ‘protecting the
sovereignty (boarder), integrity
and security of our country or for
doing their commendable services
in cases of civic disturbances when
the police had failed or for their
relief works in cases of national
calamities. Moreover the prose-
cution is not against all the army
personnel but against those who
committed inhuman and brutal
crimes against citizens by way of
fake encounter-killings, rapes, loot
and maiming in AFSPA areas.
There were charges for killings
(murders), destroying and erasing
evidences and for threatening
witnesses etc.
The Supreme Court had
rightly, clearly and categorically
declared that “there is no concept
of absolute immunity from trial by
a criminal court” if an army man has
committed an offence.” It also
declared that” the extra judicial
killings and fake encounters by the
Army, Assam rifles personnal and
the police in Manipur cannot be
tolerated”.
So the protest issue of
prosecution is not against the army
institution or its entire personnel but
only against the army personnel
who committed the crimes. Nor it is
the questions concerning the
alleged sovereignty, integrity and
security of India. It is simply about
the crimes committed by some army
personnel against citizens.
It is not understood why this
simple and proper issue shall
cause confusion and why the army
officers face confusion and how
they are unable to answer the
countering questions of the
soldiers and why they are unable
to clarify them that doing their
bonafide duties in good faiths
without any “criminal intent or mens
rea” is entirely different from
committing inhuman crimes against
people with total disregard to
citizens.
It is apparent from various
incidents of army personnel
20
opposing prosecution for the
crimes of some army personnel,
that they are being propped up by
the vary rulers who are not
interested in revoking AFSPA and
to agree that crimes occurred in
AFSPA involved areas.
Even the army top brass has
been supporting and encouraging
those officers who blatantly
committed crimes against people
instead of diminishing and
punishing them under the
provisions of military law.
For example in J&K on April 9,
2017, one Farook Ahmed dar was
used as a human shield by the
Major Leetul Gogoi, who sparked
a nation –wide out cry against using
a ‘human shield’ against stone
pelters in J&K.
Instead of honouring the public
sentiments and reprehending the
errant major, the army chief
awarded him “for his ‘stained’
distinguished service till now is
counter insurgency operations in
Jammu&Kashmir”. The major is
allowed to announce proudly in
public that “he saved lives without
firing a bullet or beating anyone”
by using Dar as a human shield.
The NDA govt. supported the
errant major through its attorney
general in court defending him and
publicly announced that “Nothing
wrong… if it has to be done again
it should be done. We are 100 cent
backing the army and the Major”
and “Major Gogoi risked his life for
the nation; his critics are speaking
rubbish”.
But however very recently the
very same major Gogoi had to be
indicted by the Army court of
enquiry for “fraternizing” with a local
woman and for “being away from
place of duty while in operational
area” and he has been shifted out
of his unit for his bad behaviour.
Such has been the real face of the
army personnel committed crimes.
Such has been the affairs with
the Army and its top brass in
protecting their personnel who
have been committing crimes
against people. The army chief
allowed
to
comment
on
governmental policies in public with
media without remaining an
apolitical as chief of the army
institution but as a supporter of the
policies of the present day rulers
and ruling party the BJP. Since the
BJP polices are anti-people
particularly with the north-eastern
states and J&K, the army chief role
has become controversial and anti-
people in essence, which a real
democratic government ought not
allow and accept.
In fact the Indian army is not
supposed to handle internal strife
and it is not its domain. Its core role
is to safeguard the sovereign
boarders, to undertake front
operations against the enemies
that exist on the border. But our
rulers of ‘independent’ India being
the ‘heirs’ of colonial rulers adopting
the very same colonial policies of
suppression and oppression of the
people of the country, have been
using the army against people
during the conflicts with people,
making the army as a tool to
suppress the people in the name
of internal strife national integrity,
to which the army has been willfully
serving the political interests of the
ruling parties and ruling classes in
power.
This is the real problem the
army is facing from the rulers in
power. To appease the army and
make it a willful tool in their hands,
the rulers have been privileging it
with acts like AFSPA granting
immunity to all its acts with impurity
which made the army officers of
high echelon arrogated to the
extent of defying the law of land and
demanding an absolute immunity
even from the criminal acts
perpetuated at innocent citizens of
this land. This demand is indirectly
being abetted and supported by
the NDA rulers in the form
“presenting the government’s
position” by deputing its advocate
contd. on page 21
Class Struggle