The writ petition filed by more than 350 serving army personnel in the Supreme Court is certainly in the best interests of our national security. Perhaps this was the only option left after the curative petition, moved by the Union of India seeking recall of the July 2016 verdict, was rejected by the apex court in April 2017.
The Attorney General in the curative plea had highlighted the negative impact of the verdict on the ongoing counter proxy war and counter-insurgency campaigns in Jammu and Kashmir (J&K) and the north-eastern states along with its long term ramifications on national security.
It is apparent that the verdict was given without a clear understanding of the contours of an asymmetric war-fighting arena, which was also highlighted in the curative petition. The term ‘asymmetric warfare’ encompasses proxy war, insurgency, guerrilla warfare, terrorism and all kinds of irregular warfare.
The instant petition provides one more opportunity for the army and the nation to apprise the court of the challenges faced by the soldiers in safeguarding national interests in disturbed areas. Hopefully, this time around, a favourable verdict will restore status quo ante. Read More