Dear Gajendra Singhji ,
         
  Unfortunately, as  the General is  known to be upright and declined awards 
for so called encounter deaths in the Valley and maintained that the Army 
should at all times maintain the highest standards of integrity and was 
required to be deployed for the country's national security and not in regions 
where mining interests were predominant as these were regions where Indian 
citizens were affected , and were not the enemy . 

 The Supreme Court order is on the face of it defective . After clearly holding 
that the decision of the MOD in the statutory complaint violated the principles 
of natural justice and had to be quashed/withdrawn , the statutory complaint 
revives and has not been  to be disposed off ; therefore the court while 
logically  recording at the second hearing  that the government was withdrawing 
the order in the statutory complaint, ought to have  immediately directed that 
the statutory complaint  was once again was required to be  heard/considered by 
the MOD taking into consideration the relevant documents on record including 
the matriculation certificate forwarded to the NDA, IMA and other institutions, 
 that is immediately on recruitment ,as they had already observed that the  
legal opinion of the Attorney General relating interalia  to a line of 
succession  could not be the basis for the MOD's decision/order in the 
statutory complaint , as the MOD has to consider the factual position and 
decide a statutory and cannot rely on an opinion of the Attorney General . This 
prima facie indicated non application of mind by the concerned authority .
        
 Why this was not done and communications in the earlier non-statutor 
representations made revived, which were also  based on the earlier opinion of 
the Attorney General  , indicates that all is far from well in the Supreme 
Court  which leaves issues undecided or unimplemented , or selectively decides 
issues leaving vital matters unsettled  in decisions,which has already invited 
critical observations in the media and will continue to do so as even prima 
facie  this is a case where the birth date of a Lt. General has been fabricated 
in 2006 in collusion with the MOD , continued at the instance of the highest 
functionaries of the Republic .

The Attorney General 's opinion has been influenced by the succession issue and 
this is on the face of the opinion and therefore had to be quashed/withdrawn in 
which case the statutory revives for decision !!!

How on earth does the Republic function with lawless functionaries of major 
political formations !!!!!

I had informed you at the outset that the last time round some players who were 
concealed would get exposed . Can anyone be a leader who relies on region , 
caste, religion or other extraneous factor ! Where are the Indians ! The real 
reason why the General went to court risking his own reputation was that he 
should not be held responsible for what the government was about to do in 
respect of the leadership of the Army at a moment sensitive for South Asia .Now 
he can sleep in peace  he did more than his best to introduce accountability 
into the  Army, the MOD and those at the highest levels . There are others who 
will have sleepless nights, political parties , leaders , armed forces officers 
who have succumbed ,  including the two Judges of the Supreme Court who did not 
rise to the occasion  .

 Before the General went to Court he was fortified by the opinion of four 
former Judges of the Supreme Court . This was what happened to the General . 
What about the average citizen , the tribal people in the heartlands of India , 
the dalits in rural areas   repeatedly attacked , the minorities who were 
arrested from one state to another in fake terrorist cases , workers struggling 
for a fair wage and minimal employment security or retrenchment compensation .

It was a battle for constitutional functioning which has been lost not by the 
General, but by the Republic . To-morrow his men cannot hold him responsible 
for not doing his best to expose the rot inside the institution and the MOD 
going to the highest level .

                 Niloufer 
  ----- Original Message ----- 
  From: gajendra singh 
  To: [email protected] ; [email protected] ; [email protected] 
; [email protected] ; [email protected] ; [email protected] ; 
[email protected] ; [email protected] ; [email protected] ; 
[email protected] 
  Sent: Saturday, February 11, 2012 8:52 AM
  Subject: Only Losers;Gen VK Singh likely to resign after loss in court





  I had hinted at cronyism .Who cares .


  Gen VK Singh likely to resign after loss in court

  Rajat Pandit.TOI 11F12
  NEW DELHI: Will he or won't he? Resign, that is. The dominant sentiment in 
South Block, after General Vijay Kumar Singh lost the last battle of his career 
on Friday, was that the Army chief should put in his papers since continuing in 
office had become simply "untenable". 

  Some in the Army chief's lobby, reeling under the shock of the defeat in 
court, also admitted that Gen Singh was "actively considering" resignation 
despite his lawyers claiming "his honour and integrity" had been "restored". 

  Beyond lobbies and spin-doctoring, both military and civilian officers 
acknowledge the "grim reality" that "a huge trust deficit" has emerged between 
Gen Singh, who left for Jaipur on an official visit around 4.30 pm, and defence 
minister A K Antony. 

  When he assumed office in April 2010, Gen Singh promised to improve the 
Army's "internal health" by getting rid of corruption and transforming the 
1.13-million force into a lean, mean fighting machine. Instead, he has ended up 
sharpening the infamous civil-military divide. 

  "Several Army projects and proposals, modernization and otherwise, are in a 
limbo. The Army itself is divided down the ranks. Gen Singh will virtually be 
persona non grata in South Block. A fresh start is needed," said a top military 
officer. 

  Another senior officer, among the chief's sympathizers, added, "Gen Singh, 
who was wronged by two previous chiefs but failed to get his due, can retrieve 
some lost moral ground by submitting his resignation. It will also put the 
government in a fix over the succession chain." 

  The defence ministry, however, does not think so. There is a pool of seven 
Army commanders (chiefs of one training and six regional commands) and a 
vice-chief to pick from if the chief resigns. "The government will cross the 
bridge once it comes to it," said a senior official. 

  It's well known by now that Gen Singh does not want Eastern Army commander 
Lt-Gen Bikram Singh (Sikh Light Infantry) to succeed him since he believes his 
date of birth was not corrected despite his repeated attempts as former chiefs 
like Gen J J Singh and Gen Deepak Kapoorwanted to fix the succession chain in 
Lt-Gen Bikram Singh's favour. 

  But with the government already beginning the process to appoint the new 
chief, Lt-Gen Bikram Singh remains the clear front-runner for the coveted post 
when Gen V K Singh retires on May 31 as scheduled. 

  But if the Army chief resigns beforehand, it will queer the pitch. As of now, 
Western Army commander Lt-Gen Shankar Ghosh (Guards Regiment) and Central Army 
commander V K Ahluwalia (Artillery), both commissioned in November 1971, are 
senior to Lt-Gen Bikram Singh, who is from the March 1972 batch. 

  While Lt-Gen Ahluwalia retires this month-end, Lt-Gen Ghosh has to call it a 
day on May 31. So, the two will retire if the chief carries on till May 31, 
paving the way for Lt-Gen Bikram Singh.

  Successive governments have almost always upheld the seniority principle to 
anoint a new military chief, except in extremely rare instances like Lt-Gen S K 
Sinha's supersession by Gen A S Vaidya as Army chief by Indira Gandhi in the 
early 1980s. 

  Incidentally, if Gen V K Singh's year of birth had been settled at 1951, as 
he wanted, then present Northern Army commander Lt-Gen K T Parnaik would have 
taken over since the former would have continued in office till March 2013.
  A battle without winners
  Rahul Bedi Hindu Oped 10F12
  http://www.thehindu.com/opinion/op-ed/article2875966.ece

  The row over General V.K. Singh's age has created fissures between the Army 
and the Ministry of Defence. The main victim is the modernisation of the Army.
  Irrespective of the outcome of the Mexican stand-off between General V.K. 
Singh and the Ministry of Defence (MoD) over his disputed date of birth, both 
the Army and the Defence Ministry are eventually bound to be the losers in 
equal measure.
  Sadly, Gen. Singh's tenure, whenever he retires will be known principally for 
his age dispute, attendant subterfuges by his predecessors to allegedly ensure 
their favoured candidates' succession to the Army's top job and the MoD's 
disingenuous role in what was seemingly an avoidable hullabaloo.
  The battle over “reconciling” the commander-in-chief's birth date will also 
go down, without prejudice to either of the two disputants, as possibly the 
most bizarre challenge ever faced by any modern military, leave alone the 
world's third largest army.
  But closure in the matter, in a largely graceless and unforgiving system, 
will almost certainly engender grief and bitterness in varying measure for the 
feuding parties where such eventual outcomes are rarely, if at all, handled 
with either goodwill or magnanimity.
  Consider the Hobbesian options:
  If Gen. Singh's honour is vindicated by the Supreme Court, backroom 
negotiations or both, the Army despite avowals to the contrary, would consider 
it a long overdue slap to the overbearing MoD.
  Conceding 1951 to be Gen Singh's birth year would also unquestioningly 
reinforce the chief's right to serve an additional 10 months in office till 
March 2013 in order to complete the legitimate tenure to which the solider, 
much lauded in recent weeks by the United Progressive Alliance (UPA) 
administration, was appointed in March 2010. This would also make him eligible 
for all “attendant benefits” including pay and emoluments as Gen. Singh has 
demanded in his Supreme Court petition.
  However, retiring Gen. Singh in May 2010 following a “deal” or a “compromise” 
on vindicating his honour though well within the government's purview, would 
effectively make Service rules infractuous, rendering even critical military 
tenures negotiable entities by vested political interests.
  This recalls the equally significant, but highly questionable appointment of 
Sanjeev Tripathi as the Research and Analysis Wing (RAW) chief on December 30, 
2010 — the day he was superannuating having attained the age of 60 — after the 
incumbent K.C. Verma “voluntarily” advanced his retirement date by one month, 
enabling his junior to succeed him and secure an additional two years in office.
  Mr. Verma was reportedly “advised” by the UPA that “offering” to step down as 
RAW chief 30 days earlier, thereby facilitating Mr. Tripathi's ascension, would 
make him eligible to head the signals intelligence gathering agency, the 
National Technical Research Organisation. Thirteen months later, Mr. Verma is 
still awaiting that appointment.
  Conversely, if the MoD prevails over the Army chief, its bureaucrats will 
chalk it up as yet another, albeit belaboured, victory in their endless rounds 
of put-me-downs of the uniforms which, in the larger sense really epitomises 
the Singh-MoD controversy.
  HAS LED TO SPLIT
  The dispute has also created avoidable fault lines within the Services, with 
many officers supporting the Chief and others believing him to be driven by 
personal ambition.
  Either way, the losing side — whether that's the Army or the MoD, 
irrespective of the ongoing frenetic negotiations seeking an equitable 
resolution — will sulk and opportunity presenting, is sure to strike back. In 
short, widening fissures between Army headquarters and the MoD, simmering for 
decades and now having reached boiling point, will take long to be salved 
irrespective of the placatory noises from both sides.
  ISSUE OF MODERNISATION
  Consequently, Gen. Singh's successor will, doubtless, be more preoccupied 
with mending these ruptures rather than getting on with the urgent brief of 
modernising the Army's matériel that desperately needs rejuvenating to enable 
it operate in a turbulent, militarily sophisticated and increasingly 
nuclearised neighbourhood.
  The age controversy, which has been rumbling ever since Gen. Singh took over 
and reached a critical stage in May 2011, has already stymied the Army's 
long-delayed modernisation with little or nothing having being achieved in this 
field over the past two years, compared with the frantic activity in the two 
other Services.
  A mid-2011 report by the Confederation of Indian Industry (CII) and global 
financial consultants KPMG, for instance revealed that since 2007, India had 
confirmed over $25 billion worth of military purchases of which the Indian Air 
Force's share was $17.46 billion, the Indian Navy's $6.16 billion, the Indian 
Coast Guard's $616 million and the Indian Army's a mere $420 million.
  It remains an open secret that the equipment profile of the army's combat 
arms — infantry and armour — remains woefully inadequate whilst that of support 
arms like artillery, air defence and the Army Aviation Corps (AAC) to name a 
few, is equally deficient and obsolete.
  By the Army's own admittance, a large proportion of its Main Battle Tank 
T72M1 “Ajeya” fleet is night blind as is the AAC, both of which constitute a 
crucial ingredient of the controversial “cold start” doctrine of launching a 
pre-emptive offensive against Pakistan in a limited war scenario to achieve 
negotiable military gains in a nuclear weapons environment.
  The scandalous artillery deficiency is plagued by an endless cycle of tenders 
issued, withdrawn and re-issued and several rounds of inconclusive trials 
conducted, all further complicated by the MoD totally or conditionally 
blacklisting several top howitzer vendors without providing clarity on their 
respective status.
  More worryingly, some 359 infantry battalions trained ironically for nuclear 
warfare await the import of a basic weapon system: the 5.56mm assault rifle 
(AR) to replace the inefficient, locally designed but costly, Indian Small Arms 
System (INSAS) AR which the army has tentatively employed since the mid-1990's 
and now abandoned after massive investments.
  A tender for 66,000 ARs was issued to 43 overseas vendors last November. 
Given the Army's and the MoD's cumbersome field trials, evaluation and price 
negotiation procedures, a winner is not likely to emerge for at least two years 
if not longer.
  Alongside, the army's Fast Track Procurement route to acquire equipment for 
operational readiness with a 12-14 month timeline rarely ever meets that 
target, taking twice if not three times as long to execute.
  And while Gen. Singh could not have even partially made good these deferred 
matériel shortcomings during his tenure, the institutional antagonism his birth 
date has generated is undeniably a reason that the Army's overdue modernisation 
drive has had to be postponed, something that will eventually have an impact on 
the country's defence posture. Is setting the record straight on his age the 
price worth paying?
  (Rahul Bedi is India correspondent for Jane's Defence Weekly and is based in 
New Delhi.)



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