Kargil CO takes Army to court for `victimisation’

Named as respondents in the petition are the Union of India; Chief of Army Staff; Brigadier Surinder Singh, Dy Gen Officer Commanding, Hq 23 Mountain Division; Maj Gen V S Budhwar, Chief of Staff, Hq 12 Corps; Lt Gen Krishan Pal Yadav, GOC, 15 Corps; and the Military Secretary, Army Hq.

This could be the first case of a field officer going to court. A large number of young officers involved in the Kargil operations feel justice is being denied to them by the Army brass which, they say, is desperately seeking scapegoats for the Kargil intrusions, according to sources in the Army headquarters.

“While every General directing the war from air-conditioned offices in New Delhi, Udhampur and Srinagar was awarded pompous sounding medals, the young officers and jawans who actually climbed the icy knife-edged peaks amid artillery, mortar and small arms fire are being victimised for some botched-up operations to throw out the Pakistani soldiers,” another official added.

There are at least three majors (company commanders) who participated in the Kargil operations for over two months, three Junior Commissioned Officers (JCOs) and four other ranks (soldiers) who are facing a court of inquiry for charges which include shying away from battle and cowardice. Two Commanding Officers, including Col Oberai, are in the dock for allegedly not providing effective leadership, sources said.

“The tragedy is that the brigade commanders and division commanders sitting in underground bunkers in Drass, Matayin, Leh or Batalik have concluded that the officers and jawans on jagged peaks at 16,000-17,000 feet altitude were shying away from battle. And since the Generals are afraid of the bigger picture about intrusions emerging, they are pinning the blame on young officers and other ranks,” said an official.

According to sources in the Judge Advocate General (JAG) branch, the Army’s legal wing, the Army’s charges can hardly be substantiated in a court of law. “The families of some of the soldiers facing courts of inquiry are seeking legal opinion. The brass have protected themselves by saying it was an overall system failure. To buttress their point, they have pinned a medal on themselves. But the soldiers of 16 Grenadiers, 1 Naga, 2 Rajputana Rifles, 4 Jat or 1/11 Gorkha Rifles who actually fought the battle are being blamed,” he added.

Not every operation provides positive results and not every mission is a success. “But if a company commander fighting on peaks told the brigade commander that he cannot climb in face of enemy fire since all the men could be killed, he is branded a coward. This is not fair. After all he is the man on the ground and can appreciate the situation better. The Generals plotted assaults on maps and ordered soldiers to be successful. Five hundred and twenty four lives (Army’s Kargil toll) were of little consequence to them,” another officer considering going to court told The Indian Express.