Noel Ellis's Official Blog

I wield the pen to explore the vastness of the human mind

Category: FIR

IS INDIA ON THE RIGHT TRACK

Bechare Modiji is in a catch 22 situation. Where to start and where to finish? What to do and what to leave? I applaud his efforts of making a beginning but his efforts need an equal thrust down the chain. Unless the states and center sit together on one national agenda, one national priority then only it will be possible to chalk out a path. All citizens have to chip in and be on the same grid.

With all that I see, read and hear, it appears to me that our industries are in a mess, trade is in a soup, railways are derailing, women and child care no one cares, farmers are left in wilderness, defence of the country is short of manpower and equipment, terrorism and militancy are never ending. On the surface things look calm but the undercurrents are giving a different signal. Why is my perception like this? Why do my senses infer everything is not right? Why am I uncomfortable with the way things are? The common man is perturbed. He is unsure of his future.

Unemployment and job creation are mismatched as on date. What can a youngster do even if he is educated? The political game plan of dividing the people of this country is leading us nowhere. Plus our religious fundamentalism and intolerance is adding fuel to the fire. We are becoming our own enemies; appears to be path of self destruction.

Be that as it may, if the PM says that he is satisfied with his efforts, definitely he will have the overall picture. I am sure he will reveal it in one of his “man ki baat”.  Money is not the issue I suppose for the government but money cannot work on its own. People who are responsible to distribute the resources and money have to show accountability.

The underlying factor is the sincerity in effort, good governance, close monitoring, no corruption and no shortcuts by one and all. If we could stand in queue for our turn to get money from the ATM after demonetisation, we need to be prepared to stand in line for everything else. We need to have patience in this world of internet and twitter. We need to have the will to sacrifice our luxuries for the sake of this nation and its future. We have to think India first.

I can give this moral lecture because of two reasons, firstly because of my background and training in the army I know what discomforts are and how to overcome them. Secondly, I am financially ok even if I have to live on simple dal-roti. The rich will never feel the pinch but what about the poor, middleclass, unemployed people who are running from pillar to post for their living? Petrol and diesel prices add to their woes. The farmer who provides us food is dying a slow death due to lack of support. The Defence is facing an external enemy on multiple fronts is also involved in the internal aggression needs full government backing. Our education system is cockeyed with multiple types of education, multiple fees structures and barriers due to the federal system in this country. Our huge orchestra is playing in a concert with many instruments out of sync and out of tune thus producing only noise which is clearly visible in parliament and news debates.

Red tapeism still exists. There are multiple rules and regulations for the same thing. There are laws but getting justice is difficult. Justice gets delayed that it is almost kind of denied. Corruption in government departments is still rampant. A common man has to grease someone somewhere up the ladder in cash or kind or through a third party. Bribes are camouflaged when they change into Diwali or New Year gifts; people stay on the house with family in resorts maintained by companies, provision of chauffeur driven vehicles on holidays, booking of air tickets etc at the corporate level have become the new normal to oblige and get things done.

Basic health care doesn’t find a place in our national priorities. People die, children die, makes no heads roll. The pathetic condition of the stinky, dirty, filthy government hospitals makes you wonder whether you have come here to be treated or come here to fall sick. Conditions of public toilets & toilets in schools are no better. Policing is under pressure too. They don’t know whether to listen to their political bosses or face the consequences of disobedience. Women are unsafe, schools are unsafe, hiring domestic help is unsafe, filing an FIR is a task in itself besides harassment of the common public never ends. Thus faith in system is reducing.

I kind of feel upset about the whole scene in the country. The beggar on the railway platform, the leper on the red light, the small child selling national flags on the footpath would never know that he too is a hero in his own way. Though they shall live and die in anonymity. This person will have a large enough heart to feed two street dogs. Push your car without charging if you are stuck, eat the left overs which you throw away in dustbins and still proudly salute the national flag because he considers himself an equal citizen of India. He too hopes for achhe din. It is another matter how we treat them.

We have now got to shift focus to nation building. A road map needs to be laid out and we the people have to get involved to implement it. I suppose the vision is there but the will to implement it with all sincerity is lacking. Am I the only one feeling this way? I wonder!!!!!!!!!

PANCHKULA AND ITS AFTERMATH

If I would have to ask any “premi” today what he or she achieved by burning what they burnt, breaking what they broke, injuring people whom they didn’t know, destroying national assets and dying on the streets of Panchkula unrecognised and for whom, probably they will have no answers. As a few would sit next to their fields watching the setting sun from their charpoy and ask themselves am I a Sikh, am I a Hindu or am I whatever religion. How did I get attracted to this person? How did I lose faith in my God? How I forgot my scriptures? How I got brainwashed by this fellow? Can I justify to myself what I thought of him? What I did to show my frustration yesterday? Was it the disbelief as I could not digest who this baba turned out to be? Was the annoyance and disappointment with my own self? Was all that I did correct?

What satisfaction did I get by putting so many states on tenterhooks? Were the railways my enemy? Was the press reporter an informer of the secret kind? Were the police personnel there to sing Arti & Ardas for you? Well, the answers can only be found and judged by those who participated as a supporter of this baba. He and his indoctrinated followers have shamed our nation beyond limits.

I grew up in Punjab and Haryana. I was deployed in these states many times. Such lovely people, such lovely spirit, such camaraderie, such big hearted people, happy go lucky people, such hard working people, such fantastic company, such solid friends and out of that lot emerge these people who got entrapped with this man’s charms that they could not understand fact from fiction. It all happened in that fraction of a second which the local government anticipated chaos but turned a blind eye to it.

The death toll must have reached half a century by now. This happened despite the courts giving clear orders to the Govt to use everything within their means to control the crowd. Our police were mere mute spectators and did not open fire. Two people in every area who thought that they will be able to destroy the state assets should have been shot below the knee, all supporters would have vanished into thin air within minutes. This man who would have come down to his knees would have deterred all the others from further rioting. The stigma and fear to be maimed and carry an amputated leg lifelong would have changed his thought process. Most of them would have run to save their own lives.

It is easy to decide to destroy but when one sees death so close you think a hundred times. When you know the police are approaching and there is a petrol bomb in your hand and a bullet hole in your knee the first thing one shouts is please save me. The second thing you hear is who gave me this Molotov cocktail (petrol bomb) and you disown it. Thirdly, you would have tried to prove that you are from the local area and had come visiting the place and not a rioter. Finally, you would have disowned the baba knowing the consequences of your arrest for destruction of public property. That is the effect of one bullet. You would have lived to tell the tale of the strictness of the police.

The police-walas were carrying weapons, I doubt if they were loaded. Why did he not fire at the rioters when in his full view they were destroying property, carrying out loot and arson? Or they were told not to fire. They why give them weapons danda’s should suffice. If a protestor can snatch away a weapon from him in broad daylight and his comrades stand as moot spectators. What does this show? That now from a banana republic we have become a bloody Kaddu republic?

The Army came out and within an hour protestors evaporated into thin air. Time and again it is the army that comes to the rescue of this nation. If one goes by the figure of the police big wigs floating in the state of Haryana can anyone justify this mayhem? What are the umpteen numbers of IGs, DIGs etc doing, chamchagiri of the political leadership. The people on ground who brought the situation under control were Colonels, Majors and our bahadur jawans. They organised themselves and moved out on their duty to get things under control. I say, why the Haryana administration didn’t hand over to the army in the first place. All these goons would have been put into the right place ab-initio.

If the last resort has to become the first resort then so be it. Why wait for things to escalate. The Army would have done this with minimum causalities. The riot leaders would have been identified, earmarked and on the cross wire of sharp shooters. One wrong move and a hole in the bum, second move and a hole in the head, period! Dera premi would have turned desh premi within one second. I pay taxes and these chaps have no right to burn my hard earned money. If they think they can burn national assets, then I should be given the right to put such miscreants on a pyre and burn them too.

It was the saddest day indeed for me to watch this tamasha of totally crippled State Government machinery. Media felt bad because media bore the brunt for the first time. Media can now ask for resignations of all and sundry. Media you need to now question the accountability of the politicians and every babu. Enough is enough. I now request the media to project the Armed Forces in the correct light of what they rightly demand. Premi’s have burnt their fingers. Panchkula and other places suffered for no reason but will anyone understand that the people who have taken an oath to save this country from external aggression and internal disorder get the izzat that they deserve, I wonder!!!!!!!!!!! (With due apologies to all the dhotiwalas, babus and khaki wardi walas)

JAI HIND

HOW DARE YOU TARNISH MY ARMY CHIEF’S NAME

It was the saddest day in my life to hear someone calling my Army Chief a thug. Well to be frank Mr DICKSHIT (D-S) you have stooped to the lowest low in my eyes and in the eyes of my fraternity. A man who once falls from grace will never be able to change my opinion about him. As it is I somehow cannot tolerate the political class and you have ensured that I stick to my view. I do not know your educational qualifications or your political achievements and I am not interested in them either but you be rest assured you need to be paraded on Republic Day on a donkey with a blackened face, sitting facing the Rashtrapati Bhawan with a garland of boots soaked in muck. With every beat of the drum you should be hit by the butt of a rifle by every marching soldier.

Every man in uniform has to not only protect himself from enemies across the borders, besides insurgents and terrorists but from anti-India citizens like you also. Who needs enemies when we have people like you within? I don’t care which party you belong to or what political affiliations you have. I don’t want to know what your frustration is or against. I don’t want to even understand your point of view at all now. I don’t want any clarifications either. If you still continue to justify what you said then please walk across the borders to the west. That is where you belong and moment you will turn back to return the Indian soldier will make so many holes in you that even the vultures will refuse to do what they are supposed to do.

Mr D-S you have questioned an institution of our Nation. He is a person who safeguards this country’s integrity and sovereignty. You have called names to a person who ensures that you have a bloody pillow under your head every night. Just because you have become a politician, just because you were elected to some parliament that you have grown beyond your boots to make such uncouth comments about a man who if mobilises his resources is capable of obliterating a country form the maps of the world. You think you can open your dirty mouth and get away with treason. How dare you even think of uttering such statements in your dream? Same goes for all those politicians and peaceniks who are yapping on the same lines.

Please leave politics now, as moment I hear your name my BP shoots to 240/160. It is politicians like you who have treated us soldiers like cannon fodder and we like bloody fools have been sacrificing our lives for ungrateful people like you. I hope you know that a group of monkeys is called a congress; I shall go further to say a group of buffoons if not baboons also mean the same. Don’t mind my saying so, because I am so deeply hurt by what you have said.

I have to also tell my media friends, yaar please, why you take statements of people who cannot even spell the word gun? Such people do not know the meaning of oath; leave alone the contents of the oath we the people of the forces take. Such people are capable of only disrespecting our national institutions and flag whereas media should see how our “NISHAN TOLI” carries the national flag (Nishan of India) with utmost respect and dignity. Such people may only know a fish tank and will crap in their pants if a battle tank fires. These people who express such opinions without understanding the gravity of what they are saying are the biggest holes of the shitty kind. So dear media you may now show solidarity with the Army and Army Chief alright but the damage has been done. Why don’t you shove mikes in the suggested hole I mention of such people? Don’t make a mockery by running tickers, headlines and debates on such matters which demeans the forces further. Don’t make us news fodder; we deserve better treatment if the Media really has any respect for its Army Chief and Armed forces.

There is a saying in fauj that once you press the trigger the round is fired. It cannot be brought back. Either the bullet hits the target or misses it but if it hits the wrong target shit flies and here you have Mr D-S and his ilk flying in all directions; stinking and spreading disease. A person who has no idea how we as a fraternity work has no business to air his opinion. He is free to express his outrage against the Modi government. He may express his disagreement about government policies he doesn’t like but his lowly opinion about the highest rank of the Army cannot be accepted. He is no one to comment on such respectable people. I think it is for the same reason that diapers and politicians need to be changed after some time, time has now come Mr D-S.

I feel humiliated that 22 years of my life I protected people like you. I think this freedom of speech and freedom of press has gone too far. You are worse than a rapist Mr D-S, verbal rapist to be precise. I can only say, you are worst than a thug, who has tried to cheat the nation by uttering such words. You need to be sacked from the Indian political scene with immediate effect. You should be tried for treason, tied in front of a QRT vehicle till such time the militants get their aim right.

I salute Gen Rawat for leading our Army as a thorough bred professional. Sir, Bash on regardless. I also request the “congress” to remove this man for shaming the impeccable institution such as the Army Chief who has such a great responsibility towards the nation and has been delivering it always and every time. Will this D-S realise the damage he has done, I wonder!!!!!!!!

 

BLACK COAT COMMANDOS

Isn’t it ironical that all the prime witnesses of the Babri Masjid demolition have got bail? A case of 1992 has come up for its conclusion in 2017. The courts have yet given two more years to finally decide on this case, meaning it will take 27 years to conclude that no one is guilty. I am sure many witnesses would be in their graves by then or will be so old that the court may decide to grant them pardon on compassionate grounds. Well, I am not for or against any Temple or Masjid but I am definitely disillusioned with our judicial system and its process. There is a law of the land. There is a rule book. There are the people who did it which can be seen on tape. There were leaders supporting it. People saw a building being broken brick by brick. That is why I ask, what this due process of law is? There was a judicial commission made and it recommended certain things. Why have they not been considered or brought to its conclusion till date?

One more thing I cannot understand in India is that people who were candidates for Prime Minister, one has been a Chief Minister and in fact are sitting members of the present parliament today, besides being sadhus and sadhavis basically “holy” men and women: if such people start “lying” because their lawyers have twisted the whole facts upside down doesn’t gel with me. They act as if they did not hear, see or utter a word on the issue. These people who have been part of the law making process for India do not have the moral courage to own up and say yes we did it for whatever reasons; popular support, political pressure, emerging as a leader, honouring the manifesto, being swayed away by the wave of that time, whatever. At least say it, own up and be done with it. God save our judiciary, democracy and this country if such trends continue. The longest running commission called the Liberhan Commission concluded the whole issue but in vain. After the passage of so much of time do the courts think that such prominent leaders would remember what they said and did. In so many years a generation would have changed, the lawyers and the judges would have changed. Are we doing justice or hog wash is the question I want to ask?

If an open and shut case of Kasab can take four years to hang then I can understand why this case has taken so long. From lodging of an FIR, to being produced in front of a magistrate if the time given is 24 hours, then what is so great in finishing cases in the same time frame by all the courts? Why do we then teach law is my basic question? Is it to twist the truth? Is it to camouflage the facts? Is it to ensure guilty be left roaming scot free? Or is it to earn regular income by lawyers? Or are the Courts justifying their existence thus? The long list of pending cases adds to the woes and miseries of the genuine people. A murderer sentenced to death can appeal to the President of India, who may not react to the appeal. Cases then shall never end.

I do not know if we do periodically review the number of guilty in our jails. Why there are delays in trying people? If the maximum limit of any charge is say 7 years, are there people who are still languishing in jails beyond that? If so, why are they not let free? On one side our judicial process is so super slow and on the other side our jailing process appears to be cockeyed. In India jail to prisoners’ ratio is remarkable. There is no place inside and we keep adding people. Then claim we taught them to make candles, yoga, biscuits and bread. Well, before these people turned criminals, why hasn’t our systems trained them to earn a living. They wouldn’t have become criminals in the first place. 24 hours in jail terms is two days. I don’t understand the logic at all.

Today, we have people giving on the spot punishments, like the IIT student who went for a beef festival. Akhlak, who stored some kind of meat at home or the valentine day squad making boys and girls to do squats and the cow vigilantes groups who are most active today etc. But we do not prevent fraud, corrupting, deceit, at all levels including the judiciary. If our issue is resolved we don’t care if we used hook or crook. We move on. If we can delay somehow the “Tareekh” at the court, even by producing fake medical certificates, of the lawyer, the accused or both at different times, the hearing automatically keeps getting delayed. The judge changes, the jury changes and our system continues like hither to fore but law stays blind as blind can be.

Be that as it may, I not a qualified person on law and have no justification to comment on the judicial process or the judiciary but as a layman and common Indian I feel that there is too much amiss. Today, if the internet network becomes slow all our faculties go berserk. If need be we will climb on the mobile tower to get that one danda on the network, but just look at our judicial processes, 27 years to understand that what was done, who did it and why it was done, who instigated it, who are guilty and who should be taken to task. All this will happen after thousands of witnesses will be re-examined. I want to salute the patience of the judges, the patience of the defence lawyer, and hats off to the lawyers who are turning this case on its head. I hope it doesn’t turn out in the end that Babar turned in his grave and thus the Masjid self destructed. The people who had climbed up the domes were actually trying to save each brick. The instigators, who are out on bail now, were actually standing there to witness a miracle that how does a Masjid automatically transforms into a Mandir. The speeches they were making were actually divine chants which empower the creator to do such miracles. The police were mute spectators of the blind, deaf and dumb kind.

I think I need to rest my case as nothing in India will move without an affidavit on a stamp paper, a notary’s signature, a lawyer, a judge and the most important person in all this drama is the typist, who has to key in 40,000 words dictated verbatim at lightning speed by his bosses and keep a record of the same. Many of my uniformed community have now joined the “black coat commandos”, I wish them luck. I wish by 2025 we would have no pending cases in any court. Is it possible? I wonder!!!!!!!!!

 

THE LAW KEEPERS AND THE SOLDIER

I was a little taken aback by the supreme courts orders of lodging an FIR for every encounter. Then in the same breath I would like to submit that from the lodging of FIR to the final disposal of case in which ever court, everything should be there at site. The accused, the witnesses, the judge, jury, police, injured, dead, villagers etc everyone would be available first hand. Let us be time bound and finish the “siapa”. No delays, no botching up, no tampering with the evidence. The soldier will get the well needed break from his tense and hectic job. At least food will be available in time; he will be able to sleep with his weapon un-cocked. He will be able to open his boots for a few hours extra. In the interim the judge Saab should be put as a sentry till the case is decided, in the same bunker, with the same equipment, and same shift schedule. Next day morning he should be in the ROP, evening back to the same bunker, and by the time he decides to write the judgement he should be put through the paces of cordon and search operations if not hot pursuit.

Judge saab being “Me lord” cannot break the rules so I do not know how will he fire, if he has to fire. The post commander should brief him on the rules of engagement. The guard commander should tell him what is he guarding and why. If he sees militants approaching he should ask them to identify themselves. If they say they are militants, then he at once must inform the post commander on telephone or wireless that we have just received a few guests at the gate who say they are militants, would you please come and receive them. I am sure judge Saab will have a policewala in tow there for his protection, so the presence of police in case of an encounter will be taken care of. Once those suspects show their papers and prove who they are, they should be allowed in the army camp by the judge Saab. Mind you they should be told not to take the sharp left road as it goes to the ammunition dump, the right one goes to the fuel dump, the straight one goes to the barracks and as per today’s parade state there are 43 soldiers in. Yes the langar is on the left of the barracks. Hot chai and pakoras will be made available. Post commander is on leave and don’t walk everywhere, as we just have finished our “geru-choona” for commanders visit at 9 am sharp.

I cannot help being sarcastic even though I may be booked for misrepresenting facts and making a mockery of the judgement by the “Honourable Judges”. Over all, my dear judge Saab, military operations are not court room debates and dramas. Here no durban calls “so and so militant hazir ho”. Here he has a gun, he fires and he kills you. He wears no uniform to be identified with. He merges with the civil population. He follows no rules of engagement. He never carries weapons openly. So when it comes to that crucial moment, then choice is yours either to fly the tri colour on top of your post, or be draped in one.

If we go lodging FIRs after every incident then I would suggest you people are better judges of situations, you can understand who is right or wrong by experience itself. I also was wondering that who will stand witness for this soldier at the sentry post. You won’t believe the army stating they are birds of the same feather. The civilian in case injured or killed, will be able to gather three more villages as witnesses as they are already against security deployment. Then you have your eyes tied with the cloth, how will you see which side the balance is tilting. How will you know that they have not put stones on one side of the balance? They might have used the same for pelting and now to tilt the scales to their advantage. Ammunition will not allowed, or else we would win hands down.

That moment to decide whether to pull a trigger or not comes with a lot of training and ground experience Judge Saab. I beg your pardon you have none of either. The soldier is the first one to bear the brunt of any militant assault, the first line of defences generally takes the maximum brunt and the first fifteen minutes are most crucial. Thereafter, it is a cat and mouse game, one who has patience, practice, training, firepower, numbers, sustainability and determination wins. Will all these be quantifiable in judicial terms? Will the guile, tactics, manoeuvrability, thoughts to save collateral damage, saving of innocent lives, saving maximum property, using minimum force, in fact the thought of even keeping the militant alive to get more information through interrogation be factored in the judgement? Will the soldier’s human rights be kept first then of the militants or their supporters even if they are stone pelters? If the soldier gets martyred or injured will the person who did it be punished in the same manner you are going to try the soldier? Will you be able to pin point that civilians who instigates and hinder security operations, including women?

I feel that we are moving towards a time, when the soldier will refuse to even obey the command of “fire”. A soldier is given a gun to kill the enemy of the nation, internal or external. Let him not be there then, deal with civilians with the local police. If you give him a gun, he has to be protected in case he fires. He needs to be protected in good faith even if there is a death of an innocent inadvertently. No one does it on purpose. Overall judge sahib, I want you to pass a judgement where you hold the local politicians responsible for not controlling their own crowds. I want you to try all those who even if they are in power that have supported, abetted or colluded with militants and terrorist or the independence seekers. You sort them out; we are capable of looking after ourselves. If you people are now going to dictate to us how, when, at whom, for how long, with what weapon and the type of ammunition to fire. It doesn’t go down this veteran’s gullet at least! Servicemen will never speak, but I shall voice my soldier’s concern.

Most of us may have heard the story of a “chocolate cream soldier” in Arms and the man by George Bernard Shaw. We shall be at the brink of that if FIRs are going to be in vogue for operations in the thick of militancy and separatist prone areas. I will leave it if it is to be just the “first information report”. If it goes beyond that then we might have mutiny Judge Saab, where a soldier turns around and says sorry you may please lodge an FIR first. Let Judge Saab decide what the right course of action is for me, so that when an inquiry or trial is conducted the soldier is judicially protected for taking correct action at the appropriate time in any given situation. Suna tha kanoon andha hota hai, ab behara bhi ho gaya hai shayad par bolne ziada lag gaya hai,(I heard that law is blind but now it is turned deaf  and speaks too much). Will “Me Lord” Listen? I wonder!!!!!!!!!!!

 

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