Kargil Commander objects to Lt-Gen on AFT Bench

Former Commander of 121 (I) Brigade at Kargil, Brig Surinder Singh, today raised objection against Lt-Gen NS Brar being the administrative member on the Armed Forces Tribunal’s Bench hearing the case against the termination of his services in the aftermath of the 1999 border conflict with Pakistan.

Brig Surinder Singh claimed that Lt-Gen Brar is a friend and regimental associate of Brig Devinder Singh, another brigade Commander in an adjoining sector during the conflict.

Brig Devinder Singh was then the commander of 70 Infantry Brigade in Batalik, east of Kargil. He had also moved court alleging that some portions of the Kargil war records were fudged by senior Commanders as a consequence of which he was deprived of a wartime decoration and not promoted.

During arguments before the tribunal’s Chandigarh Bench today, Brig Surinder’s counsel said that there was a clash of interest between the cases of his client and that of Brig Devinder Singh over the scope of intrusions along the Line of Control in northern Jammu and Kashmir.

He contended that since the Bench’s administrative member was a friend of Brig Devinder Singh, he may not get justice. The Bench fixed December 10 as the next date of hearing to decide upon Brig Surinder Singh’s contentions.

Earlier, the court witnessed arguments over the production of certain documents, some of which are classified, sought by the petitioner from the Army in support of his contentions.

Brig Surinder Singh had been removed mid-conflict over allegations of mishandling classified information and later his services were terminated. He challenged the Army’s actions in the Delhi High Court and the matter was subsequently transferred to the Tribunal.

-via The Tribune

Kargil papers destroyed during trial?

Brig Surinder Singh

Bhartesh Singh Thakur.

In the Brig Surinder Singh dismissal case, being heard by the Chandigarh bench of the Armed Forces Tribunal (AFT), a mismatch in the replies submitted by the army and the ministry of defence (MoD) has come to light. A question has come up: were Kargil-related documents destroyed after being called to be placed on record by Brig Singh?

In a reply to Brig Singh’s application, dated September 15, 2010, for placing Kargil-related documents, including 11 Situation Reports (SITREPS), the army said on October 20, 2010, that these were available with 121 Infantry Brigade and were classified.

In an AFT order dated October 25, 2010, the court ruled that “the respondents (army, MoD) are directed to keep available the documents for perusal of the court on the next date of hearing.” But on March 4, 2011, a reply was filed by the joint secretary, MoD, that only three situation reports were available and the rest had been destroyed by a board of officers.

“These situation reports are related to hazardous patrols carried out by Brig Singh in the winters of 1998. These would have supported our argument that we had pre-informed about the enemy threat,” said the counsel for Brig Singh, MP Goswami.

Brig Singh is moving a contempt petition before the AFT about inconsistency in the two replies filed.

The army has already submitted before the court that a letter dated August 12, 1998, from the 121 Infantry Brigade to 3 Infantry Division, asking for satellite imagery of the enemy area, is neither available with the originator nor the addressee “as the same was destroyed by burning by a board of officers”.

Another letter written by the 121 Infantry Brigade to the 3 Infantry Division, dated November 17, 1998, asking for additional twin telescopes and procurement of satellite imagery of enemy area opposite to Kargil sector was also destroyed by “burning by a board of officers”.

An army headquarters letter dated November 23, 1998, on satellite imagery was also destroyed by burning.

-via Hindustan Times.

Kargil’s Muslim veteran waits for govt to fulfill promise

Arjun Sharma.

A brave soldier, who was disabled while fighting in the Kargil war, is still waiting for the government’s promised help even as the country is observing the 12th anniversary of the victory.

Mohammad Rafiq, 45, a resident of Behrote in Rajouri district, has been running from pillar to post since 2001 for the petrol pump that was promised to him by the government when he lost his right hand and was severely injured during the war.

Rafiq of 12 JAKLI was posted in Batalik sector in 1999 as wireless operator.

“Around 150 personnel got ready to capture a hill that was occupied by the Pakistani army during midnight. I was asked by an officer to connect to the base to convey that we had taken position and were ready to attack. As soon as I was connecting to the base, a blast occurred near us. I could not hear anything after that. I was unconscious for nearly 15 minutes and when I came around, most of my colleagues were either dead or severely injured,” he said.

“The firing from Pakistani machine guns did not stop from the top of the hill while no one from our side could retaliate due to injuries,” he said, adding that he later realised that a piece of splinter had pierced his right arm.

“I was rushed to Leh, later to Srinagar and then to Delhi for treatment,” he said. The army declared that Rafiq was 80 per cent disabled and he was promised a petrol pump. “I have submitted all the documents. But nothing has been done. I have six children. Taking care of their education and other expenses is becoming difficult day by day” Rafiq said. “I thought the government would appreciate someone fighting for the country but I have not seen anything positive.”

Rafiq was given a compensation of Rs 13 lakh. “But I should have got Rs 22 lakh as per the rules,” he added. He has sent several letters to the petroleum ministry for the gas station. ” Every time they reply saying the matter is under consideration. I don’t know when I will get what I deserve,” he said.

-via India Today

No Kargil heroes allotted flat in Adarsh society: Army

The Army has stated that no flats were awarded in Adarsh society to heroes of the Kargil war. Brigadier Deepak Saxena, GOC (Maharashtra and Gujarat) who is being cross-examined before the Adarsh inquiry commission, said no Indian army officer who won a gallantry award during the Kargil campaign was allotted a flat in the housing society.

The promoters of the 31-storey apartment block in Cuffe Parade had cited housing for Kargil heroes as one of the reasons for seeking the plot.

The society had claimed that more than 60% of the flats were given to servicemen, but Saxena, during his cross-examination said there were only 34 servicemen in the list of 103 members of Adarsh society.

“The statement that 60% of the accommodation in the housing society is for servicemen is false,” Saxena said during his cross-examination by commission counsel Dipan Merchant.

Saxena also said that none of the 34 Army officers listed as members of the 103-member society had won any gallantry award during the Kargil operation.

“I do not see any Kargil hero in the list of 103 members. However, some of them may have served during the Kargil operation,” Saxena said.

When the commission asked him about the definition of a Kargil hero, he said any person who had won a gallantry award in the Kargil operation could be called a Kargil hero. The Army has been claiming ownership of the piece of land on which the controversial Adarsh Society has come up.

Defence and government officials are being probed for misuse of authority and position to acquire the land and flats in Adarsh as well as violation of construction and environmental norms. The society has, as its members, military commanders, politicians, bureaucrats and their relatives.

The commission was set up in January to probe the scam with reference to specific issues, such as land ownership, reservation of the plot, town planning and coastal violations and the role of public servants.

The commission is expected to submit its report by June.

-via Hindustan Times

Army moves SC against Kargil history record

The Army has moved the Supreme Court challenging an order of the Armed Forces Tribunal directing it to change its official Kargil War history to correct the “bias” shown against a Brigadier.

“We have approached the SC against the Tribunal order in May last year directing us to change the official Kargil War history,” Army officials said here.

The Tribunal had on May 27, 2010 indicted Lt Gen Kishan Pal, 15 Corps Commander during the war, saying he had “falsified Kargil War reports and showed bias” towards Brig Devindar Singh, who was commanding the 70 Infantry Brigade under his overall command.In September last year, the Army had filed a review petition against the verdict in the Tribunal but it was dismissed by the Bench saying that the Army should be “thankful” as the previous verdict could have been “worse” as decorations of Lt Gen Kishan Pal could have also been withdrawn.

In its order, the Tribunal had asked the Army to expunge Singh’s Annual Confidential Report(ACR) written by Lt Gen Pal and directed it to correct certain records of the Kargil conflict. Singh had moved the Delhi High Court in 2006, complaining that his role as leader of the 70 Infantry Brigade in the Batalik Sector had been underplayed and this had cost him a war medal and promotions.The Tribunal had accepted his contention that his contribution had been incorrectly represented by Lt Gen Kishan Pal and held that “the ACRs were not written in an objective and unbiased manner”.

In view of the adverse ACR by Lt Gen Pal, Brigadier Singh could not be promoted to the rank of Major General.Among the records which the Tribunal had wanted to be corrected was a paragraph in the After Action Report of the war and two other paragraphs of the Kargil War account.

After the Army filed the review petition, Singh also filed a plea seeking changes in the Kargil Review Committee report to absolve him and his unit of the “blame” for intrusion by Pakistani Army into Indian territory before the war started.

-via IBN Live News

10 Army Generals indicted in Kargil-for-profits scam

Ex Army Chief, Gen Deepak Kapoor

An army court of inquiry (CoI) into Mumbai’s Adarsh Housing Society scam has indicted former chiefs Gen Deepak Kapoor and Gen N.C. Vij.

The CoI also indicted four lieutenant generals and three major generals. The officers indicted include Lt Gen G.S. Sihota, Lt Gen P.K. Rampal, Lt Gen Shantanu Choudhry, Lt Gen Tejinder Singh, Maj Gen Ram Kanwar Hooda, Maj Gen A.R. Kumar, Major Gen V.S. Yadav and Maj Gen Tej Kishen Kaul.

The CoI found the conduct of the officers blameworthy. It said that prima facie culpability had been exposed and it was now for the CBI to probe the matter.

Ex Army Chief, Gen N C Vij

The army submitted its CoI report to the defence ministry last week.

In December last year, Defence Minister A.K. Antony had ordered a CBI probe to fix responsibility of the armed forces and defence estates officers in the Adarsh scam, in which a private housing society got NOC to construct a 31-storey complex on a plot in Colaba.

The plot was meant for Kargil war heroes but they did not get homes in the complex. The scam also cost then Maharashtra chief minister Ashok Chavan his job.

-via India Today and Times Now

Kargil war probe case: AFT slaps Rs 10000 fine on Army

Chandigarh bench of the Armed Forces Tribunal on Monday slapped a fine of Rs 10000 on army authorities for not supplying the necessary documents in response to the ongoing petition filed by Brigadier Surinder Singh seeking independent probe on the Kargil war.

Bench also directed the army to produce all such documents by March 3. Brigadier Surinder Singh is the only Army officer of the Kargil War who was sacked without a general court martial (GCM) by the army.

When the matter came up for resumed hearing before division bench of the tribunal comprising Judicial member Justice NP Gupta and administrative member Lt Gen NS Brar on Monday, army counsel, who had specially came from Delhi informed that they cannot provide documents sought by the petitioner at present, as it will take some more time to procure all the documents.

However contesting their pleas, counsel for Brig Singh, advocate MP Goswami alleged that the army authorities are making mockery of system by making excuses, one after another and contradictory statements.

On Army’s claim of ‘confidentiality’ of documents, the lawyers pointed out that most of the portion of these documents have been published in various books written by General VP Malik, Captain Amrinder Singh and in Subramanyam committee report.

Importantly, it was for the third time that army authorities has failed to produce the documents. Surprisingly on earlier two occasions, Army tried to pass the bucks by terming the documents as ‘secret’ and ‘untraceable’.

Brigadier Surinder Singh

However on December 22 last year, counsel for the army authorities had promised to produce the sought documents by January 17. Brigadier Singh was the brigade commander of 121 Brigade, which looked after a border frontage of 160 km when the Kargil intrusion took place and is said to have informed his superiors about the increased threat perception across the LoC in Kargil in August 1998.

In his petition filed in 2001, Surinder Singh had prayed not only for professional restitution, but also for a complete investigation into the Kargil War, modelled on the Shimon Agranat Commission, which was set up after the Yom Kippur war between the Arabs and the Israelis. Early his petition was pending with the Delhi high court but after the constitution of Armed forces tribunal in Chandigarh, Singh got his case transferred here on the medical ground. Now the case would come up for further hearing on March 3.

-via The Times of India

Army fully cooperating in Adarsh scam: Army Chief

Gen VK Singh

Army Chief General VK Singh on Thursday said the army is fully cooperating with the Central Bureau of Investigation (CBI) probe into the Adarsh Housing Society scam in Mumbai.

“Whatever the CBI has done I am not aware of it, but whenever they want somebody we are giving them full support, whatever they want,” General Singh told reporters on the sidelines of a book release function here.

General Singh further said the Indian Army is ready to clarify its stand on irregularities pointed out by the state auditor in defence ration procurements by the Canteen Stores Department (CSD).

The CBI has claimed to have found evidence of alleged forgery and manipulation of documents on part of some army officers and bureaucrats in the scam.

CBI sources said that some of the documents seized by the investigating agency were indicative of some forgery having allegedly been committed by a few defence officials in criminal conspiracy with bureaucrats of Maharashtra government and private individuals.

A decision on registering the case under provisions of IPC and Prevention of Corruption Act would be taken once a clearance came from the legal department of the CBI.

Earlier on December 21, the Bombay High Court slammed the Maharashtra Government over the controversial Adarsh Housing Society scam saying it is ‘a clear-cut case of manipulation’ by its officers in which everybody who was supposed to clear the file was ‘gifted’ a flat.

The 31-storey Adarsh Society, originally meant for Kargil war heroes, landed in controversy after media reports said several politicians, bureaucrats and defence personnel owned flats there.

The CBI had on November 15 registered a Preliminary Enquiry (PE) to probe the alleged role of former and serving Army officers, with the permission of Defence Minister A K Antony.

-via Oneindia News

Army backtracks on Kargil papers, calls them secret

 

Brigadier Surinder Singh

Backtracking on its earlier submission before the Armed Forces Tribunal, the Army recently maintained that the reports and documents relating to the 1999 Kargil conflict were secret and hence could not be produced.

On October 25, when the case of Brigadier Surinder Singh had come up for hearing, the Army had stated that all documents were available and were in the custody of various units and locations and need some time to collect and present.

Brigadier Surinder Singh was commander of 121 Brigade at Kargil when the conflict broke out. The Army had declared him guilty of alleged lapses that led to the Kargil intrusion in his sector in 1999 which ultimately led to the Kargil War in which 527 Indian soldiers were killed. He was dismissed from the Army in 2001.

-via The Tribune, Chandigarh

Army burnt Kargil war records?

Villain or hero? Now it will perhaps be more difficult than ever for Brigadier Surinder Singh to prove his innocence. The Army had declared him guilty of alleged lapses that led to the Kargil intrusion in his sector in 1999 which ultimately led to the Kargil War in which 527 Indian soldiers were killed. He was dismissed from the Army in 2001.

Brig Singh claims he is innocent. He had moved the armed forces tribunal against his dismissal demanding records of the correspondence that he says shows he had warned his bosses about the threat in his sector and also asked for more surveillance equipment to patrol the area. The court asked the Army to respond to his demand. But now in an affidavit, the Army has said the records in question have been destroyed by burning by a Board of Officers as some of it was confidential.

“Once those documents are brought before the court and to the nation, their lies will be nailed. They will be all exposed,” says Brigadier Singh.

If these documents were secret, then there was all the more reason for them to be kept safe, adds his lawyer MP Goswami. “They should not have been destroyed. Army has no authority to destroy secret documents nor does the government. These relate to operational matter of Kargil. They are part of Kargil history and war history of the nation.”

What is crucial now is whether the documents were destroyed before or after Surinder Singh asked for them. The Army has refused to respond to the question.

-via NDTV