~By Kunal Rao

The Delhi High Court on Tuesday (May 29) sought to know from the Centre how many times junior foreign minister VK Singh had visited Iraq in 2014. The court was reacting to a plea which wanted the constitution of an SIT to probe the killing of 39 Indians in Iraq’s Mosul.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also asked the Centre to file a status report in this regard.

The court’s direction comes on a plea by advocate Mehmood Pracha who had alleged that citing security concerns, a delegation preaching communal harmony was restrained by the Centre to travel to the ISIS controlled territory. He claimed that the delegation intended to negotiate the safe release of Indian civilians in ISIS controlled territory.

However, the court said that it there is no provision under law by which the court can direct to constitute an SIT.

“Read the prayer… Under which provision of law is an SIT created? Show us any SIT that has jurisdiction to investigate case in another country?” the bench said.

To this the petitioner said that the CBI can do it. The government of India can request the Iraqi government to enquire into the matter.

Appearing for the Centre, Intelligence Bureau advocate Manik Dogra submitted that petitioner hasn’t seen the latest statement given by the Ministry of External Affairs. It said post-mortem were done by an NGO in Iraq. India is not the country which says “missing, presume dead”. “Till the time it is not confirmed totally that the person is dead we continue to believe they are alive,” he said.

Following this the bench had questioned to him to give some data on when the kidnapping took place and to bring some information about the deliberations of Singh.

There is an old saying in the Indian Army that politics and generals make strange bedfellows. But despite the army establishment staying clear of politics, individual officers have politicized issues ranging from salaries and pensions to promotions. And this alarming trend is growing by the day.

Nowhere was the manifestation of this malaise more apparent as in the latest “war of the generals” played out in the Supreme Court where the serving Army chief, General Dalbir Singh Suhag filed an affidavit against his former chief, General VK Singh, now a minister of state for external affairs. General Suhag accused Singh of trying to stall his promotion some years ago to prevent him from becoming the Chief of Army Staff (COAS).

General Suhag through his act has set a record of sorts since a serving officer at the very top has never made such a formal accusation against his former chief and that too in the highest court of the land. But the big question is whether he had the okay from the defense ministry. By all accounts, it is unimaginable that General Suhag filed the affidavit without the consent of the ministry although he has said that he did so in his personal capacity. However, the issue he was addressing was official and not a personal and private grievance.

The history of this “war of the generals” is self explanatory. So here is how things played out:

• On assuming charge as the Army chief in March 2010, General VK Singh said he was born in 1951 and not 1950, as stated in the Army’s official records. His plea was that he was entitled to an extra year in service. Interestingly, before being promoted as Army Commander he had accepted 1950 as his year of birth. But he later went to court challenging the government decision to retire him a year before what he claimed was his due year of retirement. However, he lost his case.
• Had the government accepted General VK Singh’s plea, he would have continued for a third year as COAS. This would have impacted the succession plan drawn up by the Army based on seniority. As a direct result of VK Singh staying on, General Bikram Singh would have been denied promotion as Army Chief and would have had to retire as Lt General.
• Suhag’s promotion would have also been stalled if VK Singh’s other act had yielded the desired result. In 2012, an enquiry was ordered By Lt Gen Suhag into a case involving a fake encounter by the intelligence unit of the 3 Corps of which he was the corps commander. But in a new twist, General VK Singh, just before his retirement, ordered that the enquiry should also look into Lt. General Suhag’s role in the incident. This would mean that pending the enquiry the officer would not be eligible for promotion. Suhag would then have missed the bus.
• The issue was sorted out after General Bikarm Singh became COAS and cleared Suhag in the case. He was now fit for future promotions.
• Meanwhile, the man who would have been next in line if the enquiry against Suhag had dragged on was Lt Gen Ravi Dastane. He filed a case against Suhag being promoted as Commander of the Eastern Command and then as the COAS. Dastane has since retired but has been pursuing the case.
• The latest affidavit was filed by the Army Chief in response to Dastane’s case.

By any reckoning, the sordid turn of events does not augur well for the Army which is not known for partisan and petty politics. Those defending General VK Singh’s past actions allege that both Bikram Singh and General Suhag’s elevation to COAS was scripted by former Army Chief Gen JJ Singh who supported them because they belonged to the same community as he did!

Surely, the Army deserves better than that.

—India Legal Bureau

Lead pictures: (L-R) General Dalbir Singh Suhag; former Army chief VK Singh. Photos: UNI