Sunday, November 21, 2010

Will Izzat Maan Siman return to Uniform?

dear sir,
CONSTITUTION OF GRIEVANCES COMMISSION BY SUPREME COURT FOR SERVING AND RETIRED FAUJIS
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1. with my meagre knowledge of law, the constitution of a commission to look into the grievances of serving and retired Faujis should be accepted as a red letter day in post independent india for the armed forces. for this army, navy and air force should be eternally grateful to enlightened bench of supreme court, headed by justice katju.
2. we all know that our fundamental rights are abridged. we are also aware that the constitution had a void to enforce welfare as a fundamental right of the people, having been inserted under directive principles which cannot be enforced in court. we also know that madame sonia has created a national advisory council to fill this void in the constitution by morally forcing the government to address issues impacting the disadvantaged 85 per cent majority of indian people. since the ministers owe their chair to congress president, her directions cannot be disregared and have to be implemented. even the supreme court is dispensing justice in favour of the poor 85 percent indians of bharat.
3. in fact prima-facie it appears that this commission enjoys wider powers than 'national human rights commission'. even if the powers are recommendatory, it would be difficult for the goi to side step it.
4. the 20 paragraphs order is a land mark decision of the supreme court.
a. this commission is like the panchtantar bell of the king which you ring at any odd hour, the commission would come to your help.
b. the last ex-serviceman in the queue or his widow can present themselves at its door steps. hopefully obstacles like by appointment, legally framed letters, even without emails, the commission would address the ILTAJAHA OF THE AAM FARIYADI FAUJI. hopefully it ushers in 'ram rajiya' for the upliftment of serving and ex-servicemen and help them get their dues.
c. hopefully IZZAT MAAN SIMAN would return to the uniform.
d. the composition of the commission needs to be lauded. sc and hc retired judges with two retired generals and a single bureaucrat hopefully keeps the politicians, civil bureaucrats and babus at bay. they have even selected the first team and provided a framework with no red lines so that justice kuldip singh can expand his mandate from time to time. more branches can be opened in other majority defence stations. but above all like the speaker of the lok sabha, justice kuldip singh would be the authority for budgetary approvals.
e. one can add few more.
4. however the goi can frustrate the efforts of the commission. it may drag on in providing office space, appointment of ministerial staff, transport and other logistic necessities. once the hand picked sc team finishes its tenures of two years, one can expect compliant yes ministers types being appointed to the new commission. it is not clear if all the members have equal say or the chairman has the final say. if their last pay is the criteria than that may settle the inner seniority in the commission. trust the politicians and bureaucrats to divide and rule.
5. hopefully the commission keeps evolving with the passage of time with the help of the sc in favour of the both serving and the retired Faujis.
with best regards,
cdr prem p batra retired

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