From: Ranjit Rai [mailto:firstname.lastname@example.org]
Sent: 19 August 2010 01:26
Subject: Rank Pay Linked with OROP GOOD LUCK In IA
Dear Navy Foundation and Friends in White cc Lawyers Sukhjinder and Ritin Rai, DELETE IF BUSY
It seems the OROP case from the below, had reached the Supreme Court in our favour with Rank Pay.
I casually met Mr Brajesh Misra at the Gym few days ago. He has a Chanakya mind like his boss Vajpayee, and discussed some issues informally, and I mentioned the OROP matter and he seemed unaware and was good to say he will mention this.
On my congrats for achievements like Nuke blasts and Sikkim recognition and economy build up he modestly said he was lucky to be both NSA and PPS to PM. I have read Sonia..... A biography by Rasheed Kidwai. It discusses how India runs and NSA issues. The NSA post can be one of the most powerful posts and depends on the personality. I get the feeling PM is missing MK for internal issues as Harvard educated Chidmabaram has no military and intelligence experience and intelligence is key for internal matters and needs Chanakya stuff.
Surely our ceremonial President, learned PM and his fine IFS NSA and powerful Sonia and the responsible Chiefs know all about this judgment and returned medals and are concerned to be fair. I know ESM and Navy Foundation have done a lot and are pursuing. Thanks.
“Now Union of India, the Applicant, has filed an interlocutory application (I.A.) for directions seeking modification.”
This interested me.
I consulted a fine Constitution lawyer who helped me and Brig RP Singh JAG to co author the book on Vishnu Bhagwat's sacking via Art 311 and learnt some Constitutional law that dictates this country and its fine poor and ordinary people. The high and mighty know how to flout with money power, and in courts where Lawyers cost the earth and I need not elaborate. Read White Tiger. GOI lawyers always appeal not so much for the case but to earn fees and GOI is India's biggest litigant.
I learn normal appeal in SC is a Review Petition which GOI feels it may not get in this case ........so an IA seeks to modify a Judgment and is used only in exceptional cases eg Bhopal Gas Case etc where gross injustice has been done. Have we done gross injustice to Government by serving the nation. Think it over.
As far as I am concerned, this is cheating those who served this nation in tough days and wars including Kargil. Our course mate Gen VP has told us a lot of how he and Chiefs interacted with PM Vajpayee, my hero of India's nuclear blasts and the rise of India. I hope current Chiefs( Integrated Service HQs) and their JAGs have been consulted or what is military law branch for? And what are our Chiefs( Our Mai Baps) if they have no say in this important legal matter at this juncture...... surely when PM meets Chiefs they can explain how retired Jawans are doing, though this case is for Rank Pay but could benefit them ?
Or is GOI teaching military how to disregard Supreme Court judgments by hook or by crook. I pray the Judges see this as we do at a time when MPs want to treble their pay. I say this more for our Jawans, Airmen and Sailors to try get OROP ..... They are true India and now with exercises world wide, the world military knows what the average poor Indian jawan is capable of on a pittance.
In need, Chanakya tells the King the warrior is more important ...... but who reads Chankaya. In two strategy seminars on Raja's fine path breaking book on Scenarios Chanakya got mentioned only once in passing........we quote westerners now, not even Sun Tzu which Admiral Russi Ghandhi taught us to use and China uses to the hilt. He did a thesis in Staff College and his ship always won the Cock.
In passing I also believe that Art 311 read with section 15 of the Navy ACT BY WHICH THE WAR ROOM leak officers, and many others including Vishnu were dismissed needs legal direction to be in consonance with Art 14.
It is wrong that RM on advice / collusion with a Chief be the final authority to dismiss an officer called removing President's Pleasure and no appeal or pension. In USA there is Mast Punishment and UK has no written constitution and no 311, which Justice Shah recommended to Nehru to delete but Nehru was worried of coups.
Many feel the Cabinet (under Art 74 and 14) should apply mind and approve such dismissals of Capts and above. Then no appeal may lie. We pride our democracy but a Senior officer or a Chief like Vishnu is denied this totally by 311 and has to beg for pension. For details read our book which George Fernandes banned for reasons I now know. Details of the full operation are public.
We are emotional people as I proved in Indians Why We Are What We Are. So this massive power with RM alone is dangerous especially if he or GOI is threatened for disclosure in inquiries or acts emotionally. It has also been used by Chiefs/ GOI to threaten and make officers resign on hormonal issues and India Today has reported this some years ago. I just learnt from News X where Vishnu Bhagwat also spoke on TV that the cost of the Scorpene project has jumped by Rs 4870 crores and further delayed .........4000 crores is now chicken feed for Gorshkovs and Scorpenes with no blame on MOD, but OROP at some Rs 1500 crores is too much ? We are retired.
I append details of the IA you may have already seen and hope it is correct as I got it off the net and look to Sukhjinder and others fighting the cases and for War Room leak sufferers, to tell me if I have erred on legal facts, and tell us our chances for Rank Pay.
Its pouring in Delhi ... no golf ......hence this intrusion and CWG venues are flooded. Wish we could send this rain to Bihar and Jharkand as in every rain Delhi becomes a swimming pool with traffic snarls and the traffic lights do not work. Pakoras sell better then, and the rich carry Computers with Protons and mobiles are connected 24X7 in virtual BMWs. Just saw on TV Mayawati has given in to agitating farmers who burnt buses etc and saw the same on TV for Kashmir which made PM give Azadi and wonder how it will pan out ........Retired Uniformed will never agitate but cogitate.
Ranjit Rai Jai Hind
(Cmde B Ranjit Rai, Vice President Indian Maritime Foundation, International Corrospondent India Strategic Broadcaster, author of “A Nation and its Navy At War”, Former Director Naval Intelligence and Operations)------------