It is clear from the above article that more than the issue of DOB of Gen VKS, it was the succession issue which prompted veteran officers to egg on VKS to go to court. After retirement, may be they have all the time in the world to take sides like they did now. They probably hoped to bring out the succession issue in to public domain through the DOB issue ! Is some body suggesting that some one higher up in Government decided as early as in 2006 that Gen Bikram Singh should become COAS in 2012 ? And the previous two Chiefs went along with this line ? I hear that such grooming and favouritism are very common in the forces and well connected officers follow predicted career paths to the top ! I cant believe that Gen VKS is an exception to this and that he made it to the top purely on merit,despite the corrupt people around him ! Loyalties like Madrasi, Punjabi, NDA, Non NDA , Sikh, non Sikh all play a part in military career progression. Can the retired generals who are against the present succession plan affirm that they never were party to any thing like this while they were in service ? All said and done, Gen VKS as COAS should not have lent himself to these machinations and axe grindings ! The damage is already done.
Retired generals were Bush's most loquacious supporters when he launched his illegal attack on Iraq.
Retired generals were Bush's most loquacious supporters when he launched his illegal attack on Iraq.
I don't know about retired generals (loquacious or otherwise) but serving generals at least British ones were extremely concerned about the legality of the Iraq War. The then British COAS wanted a legal opinion from the Attorney General. This gentleman (who just happened to be Tony Blair's roommate in college), duly delivered. The matter is still being investigated.
The Nuremburg trials have made clear that "I was only obeying orders" is not a defence against charges of criminal actions. However, for war crimes that only applies if you are on the losing side.
>> Under which law is it (US attack on Iraq) illegal?
The Sevretary General of the UN Kofi Annan used that word.
@ Anwaar>>Retired generals were Bush's most loquacious supporters when he launched his illegal attack on Iraq.
Under which law is it illegal?
Needless to say ,one never expected such mean action on the part of PM and RM. Most of the time Courts act in accordance to their masters voice.
The Supreme Court has made a mockery of the whole case. They seem to have pussy footed so that they do not embarass the Civil Power thus trying to maintain the supremacy of Civil Govt over the Army.
To my mind there were two basic issues before the Supreme Court
1. What is the date of birth of Gen VK Singh? -
In the absence of hospital records the most authentic record would be the publication of Unit Orders of his father (who had served in the army) on the birth of his son. For the benefit of readers not familiar with Army procedures Unit Orders are published when there is an occurence of something that affects the Officer or Soldier. The birth of a child is one such as the individual is entitled to Children Education Allowance whn the child attains the age of 5 years.
2. Did Gen Singh waive away his right to have his date of birth decide on his date of retirement?
Gen Singh was no teenager who was coerced into agreeing his right to waive away his application for change of the date of his birth in 2006. The Supreme Court should have ruled taking this into consideration.
The Supreme Court should have been guided on these two major issues.
Col Vivek Bopiah (Retd)
I have known author of this article Lt Gen Katoch personally for over a decade (though we have not been in contact for over five odd years). His judgement and honesty is unquestionable. Gen VK is known to me from the Academy days and I hold his strong sense of righteousness, a very strong foundation of his character from the days of the Academy. I think, we ought to understand the mettle of the soldier and (the Press must) not keep politicking with their personal prestige in stake. I am sure, he will take right decisions at the appropriate time befitting a good soldier. leave it him and stop analysing the case like Gen Katoch has said. Media must keep the Fighting forces out of their sensational news lines please.
This is how our courts punish petitioners/genuine seekers of justice. If only the court had given a clean order- either accept Gen Singh's 'prayers' or dismiss it-it would have been obvious that he had been given/denied justice. But now, by throwing the ball back into court of the accused, the apex court has actually not only denied him justice but also played to the culprit govt's tune whereby the disposal of the statutory complaint can be delayed till 31 May 2012 after which any kind of disposal would be immaterial for the General and the indifferent public and the ultimate murder of justice would have been carried through! It is time General V K Singh woke up to this reality and issued a letter to the Govt stating that if the statutory complaint was not disposed of in his favour by, say 29 Feb 2012, the attached resignation letter should be accepted!
The Congress lackey has no shame. He can't argue to save his life and has to resort to cheap copy-pastes from third-rate sites. And when he can't even find something there, he resorts to pathetic name-calling. Typical Congress crap. Even pimps and prostitutes have more shame than this shameless swine always squealing like a stuck pig.
In the U.S, just as in India,. civilian authority is supreme, but retired generals make good money becoming consultants to television news programs. Retired generals were Bush's most loquacious supporters when he launched his illegal attack on Iraq.
it is realy very said that a soldier has been humiliated and disgraced in a court of law.
Don't get your hopes high that our hand picked President of India is going to do anything. She is busy dealing with her son's problem. Besides she herself is beneficiary of "Line of Promotion" thinking. (I hear she was almost like a maid/cook in a very high ranking Congress party official).
The Supreme Court actually ducked the issue. There was sufficient documentary record submitted by General Singh for the court to decide conclusively Gen. V.K. Singh's DOB. If for some obscure legal niceties the court felt that they are not the forum to decide on the fact of the Genera's DOB , it was well within its power to send the issue to appropriate court for deciding the case well within the his date of retirement. Afterall this case could be decided on records only.
Instead the court indulged in lot of sophistry which were saucily peddled by media. Now the good General Katoch confirms the court at all did not say things like learn to blow with wind etc. Apparently the 'semiliterate' mediamen ( thank you Justice Katju ) went overboard & cooked up a whole lot of nonsense ,streching common man's gullibility & its own credibility.
Only binding outcome of the case is that the government order against Gen. V. K. Singh's staturiry complaint stands annulled. So the matter is back to square one & the ball is in the government's court.
Btw, it is now agreed all round that Ministry of Defence breached etiquette by sending direct instruction to the Military Secretary about the DOB. But the MS branch is under the overall command of the COAS. Can the General now go right down to the wire & instruct the MS branch to correct its record to reflect his actual DOB. I suppose that would undo the entire mischief in one stroke & put these patrons of the corrupt in bind. What says Gen. Katoch ?
There are inspired opinion, suggestion & speculation that the General should now resign. The General should do no such thing. As that the outcome is the whole sordid excercise is all about.
1. I agree with General Prakash Katoch and congratulate him for his clear interpretation and neutral , judicial analysis of the problem .
2. I had commented earlier that time has come to let all dirt to be washed from the clothes and NO DIRT SHOULD BE PUSHED BELOW THE CARPET. The comments wetre as follows-
1. The SC asked the G of I to withdraw the order rejecting the Statutory Complaint of COAS and the Govt withdrew it. The SC then asked the COAS to withdraw his petition and the COAS withdrew it.
2. The SC then passed the judgement that the case of the COAS Vs G of I is settled since there is NO petition to be decided and told everybody to go home.
3. Both the parties announced that their stand has been VINDICATED. The COAS is satisfied that his HONOUR and INTIGRITY is restored by the SC and the G of I is satisfied that the COAS will remain as born on 10 May 1950 as their records show and NOT on 10 May 1951 as claimed by the parents of the CAOS and his matriculation certificate.
4. The entire press corps and media applaud the two wise men of the SC who have amicably settled the issue and disposed off the petition without pronouncing an order.
5. Some people claim it as victory of the mature democracy in India. Other people claim it as the victory of the ruling party.
6. I find a very interesting scene in this drama where the SC admonishes one party NOT TO WASH DIRTY LINEN IN THE PUBLIC and the party agrees to do so. Now if the Dirty Linen is not washed in court / public then they either remain dirty or they will be washed in PRIVACY of the bathrooms as SC wanted?
7. Will the COAS now wash his dirty linen somewhere else or continue wearing the dirty linen? The SC refused to allow the dirt to be cleaned from the clothes but called the COAS very clean and honourable gentleman? If it is so then where were the DIRTY LINENS?
8. I feel that the entire drama was stage managed and pre decided by some very very higher ups. THIS CASE HAS NOT BEEN WON BY ANY PARTY.
9. THIS CASE HAS BEEN LOST BY ALL PARTIES INCL THE SC and the bigger loss is that of the Nation and of the Armed Forces of the nation since the Dirty Clothes is still dirty. It would have been better if the SC had allowed the DIRT to be washed in full glare of the media ONCE AND FOR ALL irrespective of how many skeletons tumbled out of the corridors of powers in South block / Sena Bhawan and how many heads rolled down the slopes of raisena Hills.
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