Based on a video which went viral on 9th April, 2017, there seemed to be a huge outrage in the political class of J&K wherein an alleged stone-pelter was tied to the front of an Army jeep, passing through a violence stricken Burgam area of J&K. The Jeep which was scheduled to be ambushed by more than 400 potential stone-pelters but rather than the stone-pelters striking the forces, it was the Indian Army which outplayed them at their own game, by tying up one of their own to the car.
While the nation wholeheartedly supported this move by the Indian Army, a few seemed unnerved by this new tactic procured by the forces. Although to everyone’s surprise, the J&K Police filed an FIR vide FIR No. 38/17 U/S 342/149/506&367 RPC (Ranbir Penal Code) registered in Beerwah Police station on 13th April, 2017, against unnamed personnel of the Indian Army for tying a man to a jeep.
Attorney General Adv. Mukul Rohatgi appearing before the Supreme Court (SC) on behalf of the Indian Army and Assam Rifles put forth the stand of the armed forces in the strongest possible words stating that the act of the Indian Army personnel was clearly an act of self-defense. The person tied to the jeep was duly handed over to the J&K Police by the Army once they had successfully passed through the sensitive area. And the intent of the Indian Army with this act of high morality is more than a substantial reason to understand their persistent efforts to normalize the situation in the valley.
But with a hostile socio-political environment which does nothing to help the Indian Army from operating freely in the valley, it is pertinent to ensure that FIR’s are not filed against the Indian Army. The Attorney General further stated that if the Army wanted to open fire, it could have used guns with real or even pellet bullets, but considering the fact that they avoided the use of any ammunition is evidence of its objective to pacify the situation without causing any bloodshed.
Addressing the media, Adv. Rohatgi stated that, the Army cannot be subjected to investigations of state police, considering that the Army is serving in difficult conditions, it has its own rules and procedures to investigate the matter at hand. For every bullet fired by the Army, if an FIR is filed against the Army, then it cannot function.
The Army court has the presiding jurisdiction over this matter and with process set in place it will duly adjudge the matter after due course of Inquiry. FIR’s, like the one filed by J&K Police would hamper anti-insurgency and anti-militancy operations thereby compromising the sovereignty of the Union of India.
Whilst there are a few who were comfortable with the actions of the J&K Police, there was a huge protest by the locals in Jammu outside Dy. Cheif Minister Nirmal Singh’s Residence urging for the FIR filed by the police against the Army to be withdrawn.
The Indian Army being the most ethical Army amongst its counterparts, wherein it seeks to defuse a tense situation without using any ammunition, this new mode of confronting the masses is an ideal way to teach a lesson to the misguided few who think that the Army would bow down to their Pakistani Masters. The nefarious design to create a hostile situation will never succeed in the valley till the Indian Army is posted there to keep the frontiers clear.
The Indian Army as an institution is more than capable to ensure that their officers do not trespass their line of duty, filing of FIR’s against is not a mode for bringing through which one can seek for accountability.
The FIR against the Indian Army would set a dangerous precedent to follow and is one we (as a nation) should desist from.
With the recent ambush attack of the naxalites on the CRPF jawans and the subsequent of more than 25 martyred heroes, its time the Home Minister gives the Indian Armed forces a free hand in the valley and in these Naxal infested areas to smoke out these anti-national pests once and for all.
Waiting for terror attacks on your men before conducting surgical strikes is nothing but retaliatory. What India needs today is an aggressive policy which gives the Armed forces the requisite free hand to conduct operations in/outside the country to rid ourselves from such recurring casualties.
This naxal attack is a reminder to all those people including Lt Gen H S Panag that extreme circumstances require extreme measures.
Jai Hind.