Wednesday, December 2, 2009

Audi Alteram Partem

“Top General indicted….”,

“The Court of Inquiry into the Darjeeling scam case has brought out….”

Thus screamed the ‘Indian Express’ last morning. The lead was followed by others too.

But the news-reports are so cleverly worded that there is no inkling whatsoever whether the CoI has actually concluded or not. Or whether there has been an indictment at all. If the Inquiry report has not yet been submitted, then how can the guilt be conjectured?

Nobody should be condemned unheard, but it seems Gupta Sahib has others plans. This is character assassination at its worst. Imaginary speculation again at work.

22 comments:

  1. Maj Navdeep. This apparent "leak of info to the media" appears to be the handiwork of a few General's who are next in line for promotion. GOD save all of us !!!!!!

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  2. If true, it should be punished punitively.
    One cannot rationalize by saying that we are after all from the same stock as the civil society is. There are only two kind of 'stocks'-honest and otherwise. Members of the latter group, wether uniformed or not, deserve no leniency.
    The probability of existence of culpability on the part of the General officers involved is more than certain.

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  3. @JB Singh

    All I'm saying is that we should reserve our comments till the CoI establishes culpability. Without the CoI in public domain, it is all heresay and such actions unnecessarily build up pressure on authorities dealing with the issue.

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  4. Dear Maj Navdeep,
    Right you are. We in Fauj working for Izzat more than the money. As regard the bulding pressure on the authoraties are concerned, than if a responsible authority bends the rule position on the basis of pressure then he is not fit to remain in the service.
    Regards.

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  5. Two aspects to this
    One: if the Gens are Guilty - Hang them
    Two: Army HQ to file Contempt cases against the press if they have resorted to sensational/false reporting. I am sure the JAG is competent enough to find some charge to slap on them.

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  6. THERE IS NO NEED TO ACTUALLY IMPOSE THE DRACONIAN INSTRUMENTS OF ARMY LAW WHEN DEALING WITH THESE OFFICERS. THEY SHOULD BE HEARD IN A CIVIL COURT WITH ALL THE ACCESS TO LAWYERS AND OTHER LEGAL AID. THE PROBLEM IS THAT THE MAJORITY OF THE FAUJI FRATERNITY AND OTHERS TOO HAVE ALREADY STARTED BELIEVING THAT THESE OFFICERS ARE GUILTY. IN THE EYES OF THE LAW NO ONE IS GUILTY TILL PROVEN SO WITHOUT ANY DOUBT.
    IT IS NOT FAIR THAT WHILE MURDERERS LIKE KASAB , AFZAL GURU AND ABU SALEM ARE HAVING A FAIR TRIAL AT THE TAXPAYERS EXPENSE, THE MEDIA IS PRONOUNCING THE OFFICERS GUILTY ALREADY. I AM SURE THE EXPRESS ROOTS FOR KASAV AND SALEM AND WOULD DEFEND THEIR RIGHTS TO THE VERY END.

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  7. Anything coming from Mr. Gupta, doesn't surprise me anymore. I take it for granted that "anything" published in Mr Gupta's papers "will" be a lie and "will" have malafide intent. Long time back, Mr Gupta and his progeny was banned from our unit. Good riddance I would say to that.

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  8. Maybe with the COI in the public domain - justice might be forced upon. There could be a very realistic probability (keeping in mind the profile of the officers involved) that they might very well have been let off (if guilty i.e) with a mere rap on the knuckles or a quite word in the DSOI bar (Chaps don't do it again). This reminds me of the joke of what the Scottish verdict "Not Proven" means - Guilty, but don't repeat it !!

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  9. is any court of inquiry carried out by armed services is in public domain or it can be refused to public scrutiny??

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  10. it is all deliberate strategy to pWHY DEMORALISE ropagate falsehood (amplified ),defame and demoralise AF to wreck the NATION.anti-national forces at work and the public are consumers of sensational news by media and section of Govt.
    IF ,some thing really wrong/crime was there;it can be dealt with in normal way as things are going on in the country.
    why defame AF and demoralise AF ???????????????????????????

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  11. my,my,my
    when it comes to generals, they are saints whereas others are condemned unilatarly.it is this bias that irks the aamadmi of the fauj.
    agreed that one should not be judged before the whole case is heard is heard etc,but at the same time you cannot exonerate either.
    we in the sevice consider that certain facilities are a privilege whereas the same would be an offence otherwise.
    we will never change.
    anyways let justice takes its own course.ultimately one does pay for his sins in some form......

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  12. Well Sirs,

    The canons of Justice dictate that the higher the rank, the higher is the responsibility, and of course, the higher is culpability if found guilty. Link this item with the succeeding item, wherein Navdeep has realistically warned the higher ups not to be treated as holly cows but part of the system. Corruption is a malise through which the system in India runs. But if the "Haves"decide that they should keep Armed Forces corruption free, let it be so. Members of the Armed Forces can not and should not dictate that the organisation be allowed party in corruption with IAS or IPS which some seem to shouting.

    Look, the case appears to be simple. If those who have to "make up their mind" on the findings of the inquiry do their job well and are not influenced by any thing but evidences, let this Gupta cry hoarse. Why should people in the Armed Forces be afraid of media. In fact media should keep covering the Armed Forces more and more to bring public attention to them.

    More public awreness of the matters military is the dire need of the society and the Country. Let it get more publicity even if it is corruption. Doctors do not take care a patients unless one is sick. Let the Indian public know if their military has "corruption flu".

    And who would support corruption any way?

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  13. Maj Navdep,
    Could we hear about the status on pay fixation of re-employed Lt Col officers in civil who retd from PB-4 and have been taken in PB-3.Will their last pay be protected incl MSP less Grd pay.
    Regards

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  14. Dear Maj Navdeep,

    We read the news with pain.
    C o I is a restricted document of the Army who ordered the CoI.
    How can Press get access to it? If the press has already taken the decision to declare them as guilty in the land scam. Is there a scam at all? I suggest some one should clarify the facts before prejudging senior officers as guilty which will have a cascading effect on the morale of the enviornment which must be stopped forthwith.

    Thanks
    With regards
    Velayudhan

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  15. all I feel that if Media is enjoying this , They should be sued in court.

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  16. Mr chidambaram today tells that media should show restraint in reporting. if they dont then what should be done?? take punitive action against the media houses. Mr gupta is a well known service baiter with a dubious track record. Indian express just turns out to be a jeffery archer novel or robert ludlum which concentrates more on fiction than facts. how the hell did the media draw conclusions??

    the same can be said of Shri Vinod mehta who gets to publish the liberhan roport prior to it being tabled in the parliament.

    people are forgetting that there are AFTs alreaday functioning which i am sure will do justice to officers better than our COI/CMs. Therefore even our COIs indite officers there should not be any surprise if the AFTs acquit them.

    its the same media who blatantly created national security problems by airing the 26/11 live on TV to prolong the battle for three days in addition to the compounded problems created by the ever sleepy mumbai cops. How can we let these media jokers scot free?? Freedom of the press doesnt mean compromising national security and tarnishing peoples images. in foreign countries these guys would be sued fo millions of dollars.

    Most of the media houses in India are terribly biased toward the ruling party therby giving only one sided views. there seems to be no credibality if reporting and no accountability for whats being aired. I feel that these media houses are being used by the ruling party(you will never know some of the politicos may be directors onboard) to serve their own political agenda. so dont take what is being shown by the face value.

    The main culprit to the entire media frenzy is our indian legal system that is full of loopholes for every tom dick and harry to misuse them

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  17. i find that your blog is not objective anymore.you support the top brass irrationally.
    so goodbye to you and your blog

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  18. @Anony 7.27

    Thank you for your very kind words. My blog is not run on the principles of 'support', that word is reserved for politicians.

    I am not here to please every section of the society. It is a well recognised aspect of law that nobody can be condemned unheard, and that is what the post highlights, nothing less, nothing more...

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  19. Navdeep, it appears that Ananymous at December 4, 2009 7:27 AM got your goat.
    Those of the dangers of running a blog and letting anyone write.

    That apart, why dont you give my suggestion a thought...No COURT MARTIALS in Peace time for offences that may draw serious punishment. Let the offence be tried in civil courts of Law.

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  20. Navdeep,

    Do tell me if you have deleted my Comment.
    I hope your blogposts are not being edited by someone other than u. I remember getting hit by a crashed computer (something loaded up from Pragmatic's Site which was fun during the heydays - He's turned oh so boring and predictable now).
    PS. Dear Service Brethren, i learnt the hard way while researching on some Paki News Sites - better learn a bit about malware, firewalls and computer security. I didn't realise that "Indian National Interest" sites were also rigged.

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  21. I think post 6CPC there was an Article in Indian Express editorial "Its The Uniform" does anyone remember it? It was written with the consent of the "Baniya" who got a National Award also, This article is also is handing out, outright accusation like that "Editorial"
    Amen
    RM

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  22. Even in the CoI, one must concentrate on the intentions of the officers, whether it was deliberate or done out of ignorance. My be it happened coz all relevant facts of the case were not presented before the concerned officers in this land case.

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