When Indian Army Officer Put a Letter in Pocket of a Pakistani Army Officer

By: Ravi Nitesh

India and Pakistan have always been in rivalry with each other and public at large in both countries sometimes adopt jingoism and war-mongering, fell in hyper nationalism and start hatred with each other, particularly from each other's state and army. However, we must understand that army, irrespective of which side it belong. made of people, human being like us, who have same hearts, emotions, values and expressions; but they are bounded with their duty and many a times, unable to reflect upon their individual emotions. 

As an institution, armies, everywhere in the world without exception to Indian and Pakistani armies; have many feathers in their cap along with many spots too. But what people should learn from them is their dedication to their duty and also that their confrontation against other side is part of their professional actions. At a personal level, there are many stories that tell about them, their humanity, their respect for each other and each other's bravery. They remain enemy till they remain on ground confronting each other, while off the ground and in peace time, they look each other as equal human being, not as enemy. Among many such stories, one is here:

This is a story from Kargil time (Year 1999), when 192 Mountain Brigade of Indian Army was on front lines and the war was at its full-fledged. Brigadier M S Bajwa, who was the brigade commander of 192 Mountain Brigade, asked 18 Grenadiers and 8 Sikh regiments to start preparation capturing Tiger Hill. Tiger hill was important because Srinagar-Leh highway was on its direct monitoring and intense and direct fire were received at highway from posts there.  

After a planned approach towards Tiger Hill, Captain Balwan Singh of 18 Grenadiers captured the hill and reached on top but battle was on. A counter attack was very much possible and all soldiers were stayed prepared at different locations. Next morning, counter attack started which was confronted and overpowered by Sikh regiment, however after sometime, a fierce attack by Pakistani Army Officers started and it became a tough, heavy exchange of fire. Observing the situation, Brig. Bajwa, who was main command of operation, spoke to forward most soldier and got to know that Pakistani army captain Khan was leading the attack and till then many soldiers have been injured and few died. Sepoy Satpal Singh, as per order of Brig. Bajwa, finally killed three Pakistani soldiers and shot Captain Khan with few yards distance.

Brig Bajwa arranged to bring down body of Captain Khan through porters. He was aware that Captain Khan fought very bravely.

After bringing down his body from hill, during search, they found letter in Urdu written by Captain Khan’s sister*. Brig Bajwa informed his General Officer Commanding about everything and also about bravery of Captain Khan. He also expressed his desire that bravery of Captain Khan should receive recognition and thus sought permission from his GCO which he approved.

Before dispatching body of Captain Khan to Delhi, Brig Bajwa placed a hand written letter in Captain Khan’s pocket, writing ‘Citation that Captain Karnal Sher Khan of 12, Northern Light Infantry of Pakistan fought very bravely’.

Captain Khan was awarded Pakistan’s highest military gallantry award ‘Nishan-e-Haider’ by Pakistan posthumously. His hometown Naway Kallay was renamed as Karnal Sher Khan Kallay.

Captain Khan’s Father later sent a Thank you note to Indian Army.

   

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Ref:

https://theprint.in/defence/how-an-indian-officer-helped-an-enemy-captain-win-pakistans-highest-gallantry-award/266973/

https://www.deccanchronicle.com/nation/current-affairs/050419/hyderabad-brigadier-mps-bajwas-letter-helps-pakistan-captain-wi.html

https://en.wikipedia.org/wiki/Karnal_Sher_Khan

https://www.dawn.com/news/114146     

https://www.dawn.com/news/675889

Pic Source:

https://bit.ly/2ZEKvCj 

https://www.wnsstamps.post/en/stamps/PK009.13 

*In few news reports, it is reported as letter was written by sister, while in few, it was said that letter was written by wife.

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From freedom fighters in British India to Dissenters in Free India: Face Sedition- Section 124A is the simple answer

Published:

https://countercurrents.org/2020/06/from-freedom-fighters-in-british-india-to-dissenters-in-free-india-face-sedition-section-124a-is-the-simple-answer/ 
http://www.kashmirtimes.com/newsdet.aspx?q=103357 
https://clarionindia.net/from-freedom-fighters-in-british-india-to-dissenters-in-free-india-face-sedition-section-124a-is-simple-answer/ 

Recently, Amulya Leona got bail from a Magistrate court after session court had denied her bail however, later, Magistrate court accepted the bail on the basis that Police didn’t file chargesheet within due time and during this she spent around four months in jail.

Saroofa Jargar, a youth activist in Delhi has been picked up from her home for her involvement in Ant-CAA protest on the charges that her involvement allegedly caused riots in Delhi. Saroofa is pregnant, a research scholar in Jamia Millia Islamia (which is in Top10 universities as per NIRF of MHRD).

Devangana and Natasha are founding members of a group Pinjra Tod and they were active in Ant—CAA protest in Jaffrabad area of North East Delhi and have been picked up by police on the charges that their involvement allegedly caused riots in North East Delhi. Devangana and Natasha are JNU students (2^nd Rank University in NIRF universities ranking)

Delhi Minority Commission Chairman Zafrul Islam Khan is facing inquiry under sedition charges allegedly for his social media post and several visits of Delhi Police have happened at his residence in the name of inquiry.

Anup Singh, an individual from Prayagraj (U.P.) booked because he had posted a comment on a facebook post on migrant workers issue and had made an objectionable remark on CM Yogi Adityanath.

Many more known and unknown names across India can be added in above list with one thing common that they all are those who faced sedition charges in recent time. These known-unknown names include Students of JNU like Umar Khalid, many other Jamia and AMU students, journalists like Vinod Dua, Dhaval Patel, activists like Khalid Saifi to less known Kashmiri students, local journalists, individuals who wrote something against CM, PM, Government. You just name someone, share reports, criticize heavily, organize protests and the next week you may face undesirable guests in the form of police to detain you under charges of sedition filed against you by any less known person or a political worker in any xyz district. Mostly, sedition is not alone, and added with other charges such as UAPA, defamation law or other IPC sections etc.

Most of them have been in detention by police without any clear involvement of them in any riots or any evidence to prove that their actions are against the sovereignty of India. They have been pushed behind the ‘anti-national’ tag merely for their open criticism against the policy of the government with peaceful protests in writing or through practicing their right to have assembly and freedom of speech. Most of them are students, young researchers but they have been made accused with the help of amended laws of UAPA (in many cases) and also under sedition. The same colonial era sedition which already has caused difficulty in earlier years too such as in cases of Binayak Sen and in Kundankulam Protest, but in present, used excessively to suppress even basic criticism or even in the matter which could be ignored.  

Section 124 (A) of IPC was made initially in the year 1870 (IPC-1860) by British against the Indians to suppress their voices of dissent and imposed against freedom of speech and expression, probably to ‘protect’ the British crown from any criticism by creating fear among freedom fighters, dissenters who were active through protests and through their newspapers. Bal Gangadhar Tilak faced sedition for his activities during the freedom struggle and later Mahatma Gandhi also faced the charge for writing an article in his newspaper Young India.

Section 124A in its present form states:

“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which a fine may be added; or, with imprisonment which may extend to three years, to which a fine may be added; or, with fine.”

After Independence, IPC continued and sedition also remained a part of it and applied by the Indian government also against its own citizens when they tried to speak against the government. With the basis of accusing someone’s action seditious through using words like ‘disaffection’, this extremely serious allegation looks very vague and with all potential to be misused due to lack of clarity of ‘Disaffection’, which is free to be interpreted by anyone.

Probably looking at this and the trail that this law has been misused to tag people, particularly dissenters, activists etc. even a paper of the Law commission advocated to repeal or at least review section 124(a). In its report, Law commission states ‘Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the government with violence and illegal means.’ It also stated ‘Berating the country or a particular aspect of it cannot and shouldn’t be treated as sedition.’

Also, despite the fact that IPC already has many other provisions and there are many other separate acts in India which are more than sufficient to deal with any actual sedition charges but still applicability of sedition has not been reduced.

Considering the scope and applicability in terms of conviction, even the Supreme Court of India, in its judgements clearly said that statements against government cannot be termed as sedition. In the famous judgement of Kedarnath Singh Vs State of Bihar in 1962, court observed that any criticism and comment against the government cannot be termed as sedition unless it incite people for violence or with intention of creating public disorder. Similarly in Balwant Singh Vs State of Punjab case 1995, Supreme Court observed that casual raising of slogans once or twice (in this case Khalistan Zindabad) cannot be said as an attempt to excite hatred.

With the recent data of NCRB, it is clear that conviction rate is extremely low (only 1 case in 2016, 1 in 2017 and 2 in 2018) as these cases couldn’t stand on legal ground inside courtrooms where constitution provides fundamental rights of speech and expression, but still the machinery is picking people frequently, probably because sedition also provides an easy ground to detain because of no clear definition or criteria and till the time a particular case will be judged in court, the dissenter may feel the fear and pain of being lodged in detention.

In recent times, these people, mostly university going boys and girls, research scholars who have been pursuing their thirst of understanding society, putting their opinions on front and without fear are in grip. In fact, a healthy democracy should welcome such people as any critical analysis, critical comments, protests, resistance and dissents are actually a true reflection that democracy is living in paper and spirit. A government in power at center or state, must not see itself as flawless or free from any public advice or public demand for change or criticism. A democratic government should be in fact more welcoming towards the change, as democratic values are like a river that flows continuously and stopping it would result in death.

Government must start striking off the sedition law first and any such actions, even if found to be punished, should be dealt with through other available provisions and this draconian provision, which is a sign of British colonial mindset to crush dissent, should be repealed to respect people’s freedom in Independent India.

Even if this can be done now, after 73 years of Independence, this would be a step in s larger contribution of making a democratic values stronger.

By:

Ravi Nitesh

(Author writes on issues of Peace, Human Rights and Development. He Tweets @ravinitesh)

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Kashmiris denied Justice: Does anyone care?

Published: 

https://beyondheadlines.in/2020/06/kashmiris-denied-justice-does-anyone-care/ 

The Jammu and Kashmir (Now J&K and Ladakh UTs) has always been vulnerable and capricious in terms of peace and security. People who lived here since centuries developed an intrinsic culture of state that was called as ‘Kashmiri’ and represented Pandit-Muslim collective culture in valley along with Dogras, Buddhists, Hindus, various nomadic tribes etc. in regions of Jammu and Laddakh. People in other parts always knew this beautiful land that was popular by the phrase ‘Agar Firdaus bar roo-e-zameen ast, Hameen Ast-o hameen ast-o hameen ast’ coined by great poet Amir khusro.

 

With the undecided princely state king at the time when India and Pakistan emerged as two sovereign nations, and then later developments of Sheikh Abdullah’s campaign ,invasion from Pakistan, then accession of Kashmir, Mountbatten-Jinnah Lahore meet, plebiscite promise of Nehru and UN resolution, bringing four members from J&K in constituent assembly for Constitution of India, provisions of Article 370 in Indian constitution and then 1954 Presidential order in terms of J&K for introducing 35(a) separately, a separate constitution of J&K, Emergence and Vanishing constituent assembly of J&K and then many further amendments by Congress governments, the controversial elections, the start of armed militancy and exodus of Kashmiri Pandits, An everyday violation of human rights, Separatist movements, Autonomy demands and AFSPA 1990, Confidence building measures of cross LoC trade and bus movements, Interlocutors never implemented report, and then recently the present government’s actions in August 2019; Kashmiri population that has witnessed a long journey of sufferings.

Now again with August 2019 decision by Govt. of India that came through imposing Governor Rule then President Rule, then orders of President through Parliament resolution of abrogation of Article 370, then Presidential order to remove 35(a) and making null and void of all previous orders, J&K state reorganization act, J&K domicile act, and on ground, a long series of sufferings, sometimes physical, sometimes psychological with curfews, lockdowns, shutting internet etc. there are so many things occurred in J&K in the name of restoration of peace and confidence building but still there doesn’t seem any positive outcome from all these.

This continuous treatment of the population with trial and error formula has made a permanent mark upon mindsets of people and they internalized it deeply in their unconscious mind. As I learn from people, few years back one of my friend told me that when she went to Delhi Haat (A craft and art market in Delhi showcasing diverse culture), a Kashmiri shopkeeper told her that ‘Crowd is very less here in haat today and it seems like there is Hartaal (shutdown)’. Though it was a simple line, what she observed was that the person has normalized the ‘Hartaal’ as he may be witnessing it frequently in Kashmir during state imposed curfew and separatists mandated hartaal where both resulted in closing of shops, emptying roads and vanishing crowds. For me, this was a new perspective and it led me to think about the fact that how this everyday pain is now conceived in subconscious. She also told me about what the family of one of her friends who was a Kashmiri pandit witnessed during exodus. And while advocating human rights, we discussed how narratives from all sides are important to understand anything in a better manner and to look at the issue through a third angle. It was true that Kashmir faced huge human rights violations under AFSPA for which no one received punishment as security personnel have been granted impunity under the sections of the act. Despite few very highlighted and controversial incidents like of Asiya-Neelofer, Kunan Poshpora, Ramban, Maachil, Pathribal etc. and many less known and unknown incidents where no complete truth ever came before people, this only widened the already existed gap between state and people and created separate groups.  

Addressing these challenges were like walking on tightrope with balance, but instead,  government with August 2019 actions of abrogation of articles, without bringing people in confidence pushed more internalization of sadness, grief, anger and irritation among common people who couldn’t move out, couldn’t even call each other to share pain, couldn’t make themselves busy in even social media, couldn’t receive medical prescription through tele-medicine, couldn’t continue studies and fear remained prevalent. Government may have its own version of deriving the change to ensure minimum violence, avoiding bloodshed and enhancing public safety and it may argue the similar reasons for shutting internet, imposing lockdown and keeping hundreds of political activists under preventive detention and arguments of government may have its impact and validity to be judged in courts on techno-legal grounds but certainly for common people, it is no-where a justice, particularly to those who belonged to mainstream politics in J&K and social activists who remained active for peace, developmental works, RTIs etc. in former J&K state as now they are also felt cheated.      

On the other hand, by altering status, terrorist activities have also been not reduced and instead it also forced Pakistan to reignite the issue in international forums and exploiting it internally in the country to propagate anti-India sentiment. The fact is that soldiers deployed are also in vulnerable positions for their safety.

Nepal moved its constitutional amendment to include few areas (Lipulekh, Kalapani and Limpiadhura) as it was clearly stated by Nepal that India had issued a new map after J&K state reorganization. A Chinese think tank also indicated that this new map issue also contributed in Chinese aggression towards Ladakh. Question will remain that what benefit India would be receiving with such reactions and adverse environment where the three neighbor countries (Pakistan, Nepal, China) may be objecting, Threat of terrorism increased, Local population even losing its trust that were gained in last decades.

     

Such moves, may have been well thought with all such angles before adopting it on ground and India may be prepared to tackle it in a particular and well thought way but it may not be true also. However, it must be remembered that the local population, a common person in J&K remained a victim of all such state, anti-state and geo-state dynamics.

Ceasefire violations are still continuing, civilian populations near the border are in fear as usual, daily lives in rest of places are restricted, a fear of any unknown bomb and firing still persists, and memories of horrible past still exist. Even in recent days, civilians and soldiers died in ceasefire violations, while a few days back they had died in terrorist attacks. COVID19 is rapidly increasing, people are sitting in home, mass is leaderless, many cellphones are still not working or in slow speed, media is being regulated through new media policy, and all together, the local population is upon mercy of state policies but still hopeful as there is nothing else except ‘Hope’ for them.

By:

Ravi Nitesh

Author writes on issues of human rights, peace and developments. He tweets @ravinitesh

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