The Shopian incident has once again brought to the fore the question of local politics taking precedence over freedom of security forces, particularly the Army, to conduct anti-terrorist operations in Kashmir. As the things have been improving in the Valley due to successful conduct of Operation “All Out” by the security forces and the government was preparing to hold local body elections (Panchayat), the Hurriyat and their mentors in Pakistan sensed return of peace and grass-root democracy in the trouble-torn state leading to total failure and defeat of their narrative and agenda of so-called freedom struggle. The successful conduct of Republic Day Parade on January 26 despite the Hurriyat and terrorists’ call for a boycott acted as the last straw and sent the shock waves across the separatist camp and their mentors. The top of agenda of the anti-national forces operating in the Valley has been to derail the election process and put the security forces on back foot.
There could not be a more suitable venue other than the badlands of South Kashmir—the hotbed of terrorism and turf of Jammat. The players were available in plenty in form of the recently released stone pelters-beneficiaries of the amnesty scheme of chief minister Mehbooba Mufti. The stone-pelters with radicalised minds were allowed to join the mainstream without any effort to de-radicalise them or enhance their skills for a better and prosperous future. Hence, their re-cycling into “agitation terrorism” was easy and expected.
Well Planned
In a well-hatched plan, a convoy of an army unit transiting through the area was ambushed by 100-200 stone- pelters and subjected to heavy stone pelting. The mob soon swelled and grew to be near 300 resulting in a grievous injury to a Junior Commissioned Officer (JCO) leading the convoy and injuries to 7-8 other soldiers. The mob also attempted to set the vehicles on fire. The troops acted in self-defence as permitted by Indian Penal Code resulting in the death of two stone-pelters.
Disturbing Trend
The conspirators aimed to kill two birds with one stone-demand for a postponement of Panchayat elections and maligning the Army forcing it to go on the back foot. However, the events that followed were not new to Kashmiri politics but non-condemnation of stone-pelters and the violence perpetrated by them, even by the Chief Minister of the state, was astonishing and worrying.
The Shopian incident was a pre-planned act planned and executed by forces inimical to return of peace and grassroots democracy and hence opposed to conduct of successful anti-terror operations by the Army and holding of Panchayat elections in February. The Kashmiri political leadership of all shades, irrespective of the platform they belonged to, wasted no time in converting it into a political issue and continue with their tirade against the Indian Army which is operating against many odds in the Valley. Desperate Hurriyat
The Hurriyat even gave a call for Kashmir Bandh. As was expected, the demand for revoking AFSPA grew louder. The demand is purely politically motivated and far away from ground realities. The Chief of Army staff has very rightly set to rest all such demands terming them pre-mature and “time has not come to re-think on AFSPA.” The Army cannot operate in a hostile environment with its hands tied to the back. In the past two decades whenever the terrorists are under pressure, suffer huge losses and are driven on the back foot, their sympathisers and OGWs rake up the issue of AFSPA to put pressure on the Armed Forces and demoralise them.
Flawed FIR
An FIR has been filed against the unit, which is routine as ordered by the Supreme Court. The Supreme Court had ruled about a year back that lodging of FIR would be mandatory in case of loss of civilian lives resulting due to Army operations. What is surprising is that an officer has been named in the FIR who to the best of my knowledge and circumstantial evidence was not even present on the scene. Similarly, the FIR has been lodged for ‘murder’ and ‘attempt to murder’!
What an irony? Those who fired in self-defence, according to the law of the nation, are being charged with murder. Whose murder, those who were pelting stones and trying to lynch the soldiers? How can soldiers be murderers? Even to think of the same to my mind is a blasphemy. What message is the police trying to convey or is it acting at the behest of its political masters to please their vote bank. In both cases, it would be dangerous and harmful to national security and would encourage the separatists. The statement that such ridiculous FIR does not affect the morale of the soldiers is as flawed.
Army’s Morale
The morale of the Army is a function of the executive and not of the judiciary. The security forces need to be provided a level playing field while combatting cross-border jihadi ideological terror. If need be, the government should bring about a legislation making the soldiers immune from FIR while performing bonafide military duty in anti-terror operations. Application of mind is necessary in case of understanding and implementing any legal provision. There is certainly a difference between a civilian confined in the four walls of his house and a civilian who forms part of a stone-pelting mob and tries to lynch the soldiers on duty or set on fire government property. A leaf can be drawn from the UK that has acted to exempt its troops from human rights convention. Premier Theresa May has announced that human rights laws will be suspended on the battlefield after the UK pulled out of European Union human rights convention. Accordingly, British soldiers will not be accountable for human rights abuses during conflicts and lawyers cannot sue soldiers with ‘vexatious’ claims. The British Prime Minister felt that this would boost the military’s “confidence.” Where there is a will there is a way.
A soldier’s dharma is not to lose and how can he be termed a ‘murderer’ when he is performing his dharma of defending his colleagues from hooligans pelting stones at them? The FIR is flawed and needs to be re-worded.
(The writer is a Jammu-based political commentator and strategic analyst)
-Brig (Retd) Anil Gupta
