Surgical strikes of justice against the armed forces

Editor’s note

MVI had published an article by the author with the same title on September 14, 2021. However, the issues discussed and the points highlighted were different.
The link of the same is:

Surgical strikes of justice against the armed forces

“Lordships may borrow my last sentence for use in their next judgment when convicting an officer or soldier of the armed forces for eliminating a feared terrorist.”


You must have met someone who knows all aspects better than you: be it astronomy, astrophysics, nanosciences, medicine, engineering, law, oceanography, national strategy, art operational, history, geography, genetic science, physics, aeronautical technology, architecture. , Paleontology; go further in the field of literature: Shakespeare, Keats, Tagore, Wordsworth, Hemingway, RK Narayan, Greek philosophy, Indian philosophy and all past scriptures from the Rig Veda to future inventions of this century and the next; married guys definitely know the answer; they are their wives. Literally; amazed at God; to give them so much knowledge, wisdom and confidence, unilaterally without exception.

However, there is another institution that can compete with wives; it is legal. They know everything on earth and also in the cosmic realm and do not need an expert opinion from an “amicus curiae”; whom they rarely name. They can be judgmental on all issues and make sarcastic or outrageous remarks. The nation must regroup their indiscretion which is supposed to be the “wisdom of the judiciary”.

Over the past two years, the lordships have taken one decision after another trying to recruit women into all branches, including the combat arms of the armed forces, but have succeeded in bringing them into all services and combat support weapons. Their term of service was extended and they received a permanent commission. Then another order was passed that they could be “commanders” of units. The icing on the cake is to pass judgment for women to be admitted to the National Defense Academy. Savor the headline in the newspapers: “ANOTHER MALE BASTION CUT” by the learned judges; blah blah… Do you understand Lordship; what is the role of the armed forces of India? I’m not a misogynist; however, these things take time and cannot be pushed down the throats of the armed forces citing the gender gap. Female officers have a lower level to pass their physical proficiency and physical combat efficiency tests. Lordships have dismissed the difference in physical ability with the contempt it deserves. Scorn of whom; doesn’t just showing contempt negate the fact? They ensured that the physical condition of the armed forces was reduced to the lowest common denominator. Can we institutionally accept that commanders have less physical capacity than the troops they command? Your Lordships; it is not office work to regard physical ability with contempt. In any event; who will make you understand?

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The role of the armed forces is to preserve and defend our country and to ensure that its constitutional order is carried out within the geographical borders of the country. Take the case of Afghanistan; here, the armed forces let down the government and the country ceased to exist. It was left to scavengers to feed on the cadaverous remains of the land and its people. The most violent among them possess the country and oppress its people. All former government officials, like your Lordships, have gone into hiding and counted their days in view of probable execution. Demonstrators are shot and those who were members of previous governments are beheaded. Can’t we see what can happen to a country if the armed forces are defeated? What would happen to a country if it was taken over by thugs and armed terrorists? Do you really feel that you should meddle with the armed forces that impose the will of the people in our country? Lordships without an ounce of experience, knowledge and environmental realities; whose last ten generations have not served in the armed forces and the next ten generations probably will not; make decisions to break, denigrate and play with the very institution that allows their security, their monthly salary and their allowances? It is an institution by far that has not absorbed the widely accepted and trending ethos of nepotism, corruption and materialism, which have infected literally every branch of government without exception: when I say without exception; Lordships are smart enough to figure out who all this is implying? Still; they are not happy and any petition with vested interests is seen through the prism of gender equality without even trying to read the preamble to the Constitution which implicitly says that all rights and freedoms are granted to people under Reserve ; ensure “the unity and integrity of the nation”. It is the duty of all citizens to contribute to this clause because it alone will allow all our rights and freedoms. No right or freedom is unilateral and total. All come only when we all ensure the unity and integrity of the nation.

Unlike other organizations, the armed forces have certain values, ethics and standards that are essential to the cohesion and esprit de corps of a fighting unit. It is an onerous and hallowed organization that must gradually reform itself and get the idea emotionally accepted by members of the Armed Forces. Have the seigneuries already visited the LOC or the LAC of our country? One cannot pass a decree which; therefore, and therefore can take the NDA exam starting tomorrow”. This shows a misunderstanding of the functioning of the Armed Forces. However, when it comes to a decision on OROP that affects virtually all veterans and also those in service, the same SC continues to delay the matter. The last date was July 30, 2021 and due to lack of time, the hearing could not take place. Now, the next date was also not given by the Honorable SC; drive the final nail in OROP’s coffin? Cheer! Lordships for your constant wisdom; indeed, ordinary soldiers cannot understand how the Lordship knows everything about everything.

Back to our theme; if women and men are equal in all respects, the Lordship should order the government that they undergo physical tests of the same standard for both sexes. Lordships can also order the government to do genetic engineering research so that male and female homo sapiens swap their physiological roles as well. The Wuhan Institute of Virology has experts in “gain of function” in species and their help can always be sought.

Then, as the Lordships have abundant and overflowing knowledge in all areas, I suggest that an SC bench be located in each training seat. During war, many decisions are made in the area of ​​strategy, operational art and tactics. Lordships can look at the various options available to a commander, whether to perform a left or right flank maneuver, suggest depth of objective, composition of task forces, have a mobile defense or a positional defense, the viability of the navy to interdict our adversary’s ‘Sea Lines of Communications’. Additionally, the IAF will need their guidance in shaping the battlefield on our northern borders and the quantum of air effort westward vis-à-vis the northern borders. They can also advise on the hybrid warfare that would be unleashed by our adversaries in the two-and-a-half-front conflict and the countermeasures to be taken. We will also need their valuable advice at lower levels; as to the number of casualties that the own forces must accept before shooting an armed terrorist who does not surrender? The lordships will certainly feel that the armed forces should not deprive the feared terrorist of his “right to life”.

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Lordships in their eternal wisdom convened the SC after midnight to hear Yakub Memon’s pleas for pardon from the 1993 Mumbai Blast case where 250 lost their lives and over 1400 were injured; then for the Nitihari serial murderers and the Nirbhaya rapists and murderers. It appeared that they had no confidence in their own prior judgments? When they go so far as to hear the pleas of terrorists, rapists and murderers, why shouldn’t the armed forces inflict at least ten casualties on themselves before shooting a poor, simply misguided terrorist? Pursuant to an interim judgment of SC rendered on July 8, 2016, the Lordships declared; terrorists are not necessarily enemies of the state; as also; “a person carrying a weapon in a troubled area in violation of a prohibition to that effect cannot be qualified as a militant or an insurgent”. What do they mean that said person carrying weapons in a prohibited area has to prove his credentials as a terrorist by killing and wounding “X” number of our soldiers/officers? I think they should also spell out the numbers so that his intent can be established beyond doubt. If he fired on the security forces and missed them, is that a valid reason to declare him a terrorist? Nope; he should prove his intention by killing the security forces in sufficient numbers: Since it would still be difficult to determine the intention of such an honorable person, the Lordships should have a mobile bench with the army units who will seek their sage judgment before eliminating it. A priest can also be taken to the site to deliver sermons on “Ahimsa” over a megaphone before we kill him. This will certainly satisfy the lordships that the army has shown restraint. After removal by the military, the case will be studied in detail by a bench of seven SC judges. A terrorist’s “right to life” in a civilized society is more important than the “right to die” for members of our country’s armed forces. The lordships can borrow my last sentence to use in their next judgment when convicting an officer or soldier of the armed forces for eliminating a feared terrorist.

In the end, the main thing is that we can lose the war; it means nothing as long as we are legally right to lose the war as perceived by the Honorable SC, which anyway would cease to exist after the war.


About the Author

Lieutenant General Kamath is a very distinguished general who has held some of the most coveted appointments in the Indian Army. He is a notable commentator on defense and national security issues

(Views expressed are those of the author and do not reflect the editorial position of Mission Victory India)

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Christine E. Phillips