1999 Pakistan Breguet 1150 Atlantic shootdown

The Atlantique incident^[2] occurred on 10 August 1999, when a Breguet Atlantic maritime patrol aircraft of the Pakistan Naval Air Arm was shot down by a MiG 21 fighter of the Indian Air Force over the Rann of Kutch, on the border between India and Pakistan. Sixteen Pakistani personnel including the pilots were killed as a result.^[3] The episode took place just a month after the Kargil War, aggravating already tense relations between the two countries.

Pakistan Navy Atlantique shootdown
Part of Indo-Pakistani wars and conflicts
A Pakistan Navy Breguet 1150 Atlantic
Date 10 August 1999 Location Rann of Kutch Result IAF intercepted and shot down Pakistani naval reconnaissance plane Deterioration of Indo-Pakistani relations^[1]
Belligerents
India	Pakistan
Commanders and leaders
Atal Bihari Vajpayee (Prime Minister of India) ACM Anil Tipnis (Chief of Air Staff)	PM Nawaz Sharif (Prime Minister of Pakistan) Adm. Fasih Bokhari (Chief of Naval Staff)
Units involved
Indian Air Force No. 45 Squadron	Pakistan Navy No. 29 Squadron
Strength
2 MiG-21 Bis	1 Atlantic-91N
Casualties and losses
None	5 officers killed 11 sailors killed

Foreign diplomats based in Pakistan who were escorted to the site by the Pakistan Army noted that the plane may have crossed the border. They also believed that India's reaction was unjustified.^[4] Pakistan later lodged a compensation claim at the International Court of Justice, blaming India for the incident, but the court dismissed the case, ruling that it had no jurisdiction in the matter.^[5][6][7]

Confrontation

The French-built Breguet Br.1150 Atlantic, c/n 33, flight Atlantic-91, of 29 Squadron, was one of the Pakistan Navy's frontline aircraft, used primarily for patrol and reconnaissance.^[8] Atlantic-91 left Mehran naval base in Pakistan at 9:15 am PKT (9:45 IST). Indian Air Force ground radar picked up the plane as it approached the India-Pakistan border.^[9] Two IAF MiG-21 interceptor aircraft of No. 45 Squadron, from the Indian airbase at Naliya in the Kutch region, were scrambled.^[10] After a series of manoeuvres—with conflicting versions of events from both sides—the two jets were given clearance to shoot down the Pakistani plane.^[9] At 11:17 am IST (10:47 am PKT), nearly two hours after takeoff from Pakistan, the Atlantic was intercepted and an infrared homing R-60 air-to-air missile was fired at it by Squadron Leader P.K. Bundela, hitting the engine on the port side of the plane.^[11]

Claims and counterclaims

 

The region in Kutch, (marked in red) where the incident took place

The event immediately sparked claims and counter-claims by both nations. Pakistan claimed that the plane was unarmed and the debris was found on Pakistan's side of the border,^[12] and there was no violation of Indian airspace. According to the official Pakistan version of events, the plane was on a routine training mission inside Pakistan air space.^[13] The Pakistani Prime Minister stated during the funeral service of the airmen that the shooting was a barbaric act.^[14]

 

Enlarged map of the region showing Kori Creek and Sir Creek area, where the plane was shot down and wreckage was found respectively.

The Indian Air force claimed that the aeroplane did not respond to international protocol and that it acted in a "hostile" manner,^[15][16] adding that the debris of a downed aircraft could fall over a wide radius.^[17] Indian sources also stated that Pakistan's Information Minister, Mushahid Hussein, was initially quoted as saying that the aircraft was on a surveillance mission.^[17] India also alleged that the plane violated a bilateral agreement, signed by India and Pakistan in 1991, under which no military aircraft were to come within 10 kilometres (6.2 mi; 5.4 nmi) of the border^[18] (although Pakistan claimed the Atlantic was not a combat aircraft).^[4] Indian experts also questioned why a training mission was being carried out so close to the border, when all air forces conduct training flights in clearly demarcated training areas located well away from international boundaries.^[19] According to them, the Pakistani claim was untenable since the primary role of the Atlantic is for operations over the sea and that to carry out a training flight over land deep inside foreign territory was an indication of its use in a surveillance role.^[19] India displayed part of the wreckage of the Pakistani naval aircraft at New Delhi airport the next day. Pakistan stated that the wreckage was removed from its side of the border by Indian helicopters.^[12]

While Pakistan said that the plane was unarmed and the debris was within Pakistani territory, India maintained that warnings had been given to the Atlantic and that its flight trajectory meant it could have fallen on either side of the border. According to the Indian version of events, the MiGs tried to escort it to a nearby Indian base, when the Pakistani aircraft turned abruptly and tried to make a dash for the border; it was only then that it was fired upon. India claimed that the debris was found in a radius of two kilometres (1.2 mi; 1.1 nmi) on either side of the border and that the intrusion took place 10 kilometres (6.2 mi; 5.4 nmi) inside the Kori Creek, which is Indian territory. Pakistan requested that the matter be taken up in the UN. Indian officials claimed that there had been previous violations in the area and pointed out that in the previous year a Pakistani unmanned surveillance aircraft had intruded 150 kilometres (93 mi; 81 nmi) inside the Indian border, coming close to the Bhuj air base before the IAF spotted it and brought it down with several missiles.^[17]

Indian analysts state "flare-ups" in the Rann of Kutch region were routine, and despite bilateral agreements, both India and Pakistan had conducted air intrusions in the past. Thus, the fact that the Atlantic was shot down, despite coming close to the Indian border, came as a surprise.^[17] Indian officials add that Pakistan military aircraft had violated Indian airspace at least 50 times since January 1999, showing videotapes of Pakistani Atlantics "buzzing", or flying provocatively near the Indian Navy's warships in the Indian Ocean.^[20] Some Indian analysts stated that the Atlantic was nearly destroyed in 1983 on a similar encounter and noted other close encounters and violations from Pakistani naval planes.^[21][22][23]

Some experts stated that the Atlantic was probably conducting a "probe" on India's air defence system, mainly the radar equipment in the border area; they advised that it was not part of any planned aggressive military action by Pakistan.^[20] Foreign diplomats who visited the crash site noted that the plane "may have strayed into restricted space", and that Islamabad was unable to explain why it was flying so close to the border; they added that India's reaction to the incident was not justified.^[4] Many countries, the G8, the permanent members of the UN Security Council, as well as the western media questioned the wisdom behind Pakistan's decision to fly military aircraft so close to the Indian border.^[24]

Rise in tensions

On the day following the attack, an IAF helicopter carrying journalists to the site of the attack was attacked by the Pakistan Marines with a surface-to-air missile. Pakistani officials asserted that two Indian jets had intruded into Pakistani airspace near the Atlantic wreckage site, along the border between the Indian state of Gujarat and Pakistan's Sindh Province, and were then fired upon by Pakistan marines. No damage was recorded as the missiles missed the target. The IAF thus aborted their mission and could safely return. The helicopter carrying the journalists also returned without any damage.^[20]

Following this, and the rising tensions in the area coupled by the fact that the Sir Creek was a disputed territory, both the countries' militaries near the Rann of Kutch and nearby were put on high alert.^[14] Pakistan sent a company of marines, equipped with both laser guided and infrared homing shoulder-fired surface-to-air missiles, to the site near the border.^[25] Coming barely weeks after the Kargil Conflict where both nuclear armed countries fought high altitude warfare, this incident was seen with growing concern around the world. The US State Department termed the subcontinent as being in a state of "continued high-stakes tension."^[14]

Lawsuit

 

The International Court of Justice dismissed Pakistan's case on the grounds that the court did not have jurisdiction.

On 21 September 1999, Pakistan lodged a compensation claim at the International Court of Justice (ICJ) in The Hague, accusing India of shooting down a military aircraft. Pakistan sought about US$60 million in reparations from India and compensation for the victims' families. India's attorney general, Soli Sorabjee, argued that the court did not have jurisdiction,^[26] citing an exemption it filed in 1974 to exclude disputes between India and other Commonwealth States, and disputes covered by multi-lateral treaties.^[27] In the buildup to the case, India also contended that Pakistan had violated the 1991 bilateral agreement between Pakistan and India on air violations, which states: "Combat aircraft (including, Bombers, Reconnaissance aircraft, Jet military trainers and Armed helicopters) will not fly within 10 km of each other's airspace including air defence identification zone."^[18]

On 21 June 2000, the 16-judge Bench headed by Gilbert Guillaume of France ruled, with a 14–2 verdict, upholding India's submission that the court had no jurisdiction in this matter.^[5][28] Pakistan's claims were dropped, without recourse to appeal, and the outcome was seen as a decision highly favourable to India.^[6][7][29] The Pakistan government had spent close to 25 million Pakistani rupees (approx. $400,000) on the case.^[30]

Aftermath

In India, the incident made the two pilots of the MiG-21s into instant heroes.^[17][31] On 8 October 2000, the prestigious Vayusena medal was awarded to Squadron Leader P. K. Bundela. The medal was also awarded to Wing Commander V. S. Sharma (the fighter controller who tracked the Atlantic, guided the pilot and ordered him to attack the plane) and Squadron Leader Pankaj Vishnoi, the helicopter pilot who recovered a part of the Atlantic's debris from the marshy border regions of the Rann.^[32]

References

1. . Archived from the original on 22 December 2008. Retrieved 31 July 2006.
2. "The Atlantique Incident — Part 1 of 2 - HistoricWings.com :: A Magazine for Aviators, Pilots and Adventurers". HistoricWings.com :: A Magazine for Aviators, Pilots and Adventurers - A Magazine for Aviators, Adventurers and Pilots. 10 August 2013. Retrieved 3 July 2022.
3. "16 dead as India shoots down Pakistani naval plane". The Independent. 23 October 2011. Archived from the original on 1 May 2022.
4. Pakistani plane "may have crossed border" 18 October 2002 at the Wayback Machine 13 August 1999 BBC Retrieved on 23 July 2007
5. ICJ's Press Communique on the verdict 15 October 2016 at the Wayback Machine Retrieved on 23 July 2007.
6. India wins case against Pakistan 3 March 2016 at the Wayback Machine 21 June 2000 – The Tribune Retrieved on 23 July 2007
7. Pakistan dismayed over verdict: ICJ refuses to hear Atlantique case 5 February 2012 at the Wayback Machine 21 June 2000 – Dawn wire service Retrieved on 23 July 2007
8. Criminal Occurrence description at the Aviation Safety Network. Retrieved on 23 July 2007.
9. . 1999 Kargil Operations. Bharat Rakshak Indian Air Force. Archived from the original on 2 February 2007. Retrieved 9 March 2007.
10. Air defence operations 19 June 2010 at the Wayback Machine By Narendra Gupta. Taken from The Hindu 17 August 1999 Reproduced by Embassy of India in Washington Retrieved on 26 July 2007
11. IAF Scores a Kill !!! Factual Account of Interception 22 July 2009 at the Wayback Machine – Indian Air Force official page Retrieved on 26 July 2007
12. A Moiz (1999) Core Negativity 3 March 2016 at the Wayback Machine Defence Journal, September 1999 Retrieved on 26 July 2007
13. 21 September 1999 Application instituting proceeding 3 March 2016 at the Wayback Machine Aerial Incident of 10 August 1999 (Pakistan v. India), International Court of Justice Case page Retrieved on 23 July 2007
14. . Time. Vol. 154, no. 7/8. 23–30 August 1999. Archived from the original on 16 September 2010. Retrieved 10 June 2005. Alternate URL: "ASIANOW - TIME Asia | India-Pakistan: Tit for Tat | 8/23/99". from the original on 4 March 2016. Retrieved 2013-12-17.
15. IAF shoots down Pak intruder plane^{[permanent dead link]}; Wednesday, 11 August 1999; EXPRESS NEWS SERVICE; The Indian Express Retrieved on 1 January 2010
16. ATLANTIQUE DOWNING: Creek Crisis – The strange encounter in the Rann of Kutch leading to the shooting down of the Pakistani Altantique sets both countries on the path of confrontation again. 22 December 2008 at the Wayback Machine; By Vijay Jung Thapa; 1999/08/23; India Today Magazine
17. Creek Crisis by Vijay Jung Thapa and Aahid Hussain and Uday Mahurkar 22 December 2008 at the Wayback Machine 23 August 1999 India Today Retrieved on 23 July 2007
18. Agreement Between India and Pakistan on the Advance Notice of Military Exercises 22 July 2009 at the Wayback Machine – Hosted on Henry L. Stimson Center Retrieved on 23 July 2007
19. Atlantic mission had been cleared at the highest levels By Air Commodore Jasjit Singh 19 June 2010 at the Wayback Machine Published in The Indian Express 12 August 1999. Hosted on Embassy of India in Washington webpage
20. Pakistan Attacks Indian Aircraft in Border Region By Pamela Constable and Kamran Khan 19 May 2009 at the Wayback Machine 12 August 1999, Washington Post Retrieved on 23 July 2007
21. Pakistani recce aircraft shot down (Asia-Pacific Report)by S. Mallegol 4 May 2016 at the Wayback Machine Journal of Electronic Defense 1 September 1999 Retrieved on 23 July 2007
22. Cold War in the Arabian Sea 3 March 2016 at the Wayback Machine Vijay Sakhuja, Research Fellow, Institute for Defence Studies and Analyses Retrieved on 23 July 2007
23. Confidence Building Measures in South Asia – The Maritime Angle 12 October 2007 at the Wayback Machine DOC Retrieved on 23 July 2007
24. Zehra, Nasim. . Defence Journal. Archived from the original on 4 March 2014. Retrieved 17 December 2013.
25. Atlantique wreckage image gallery with 27 August 2016 at the Wayback Machine pictures of Pakistani soldiers 4 March 2016 at the Wayback Machine using infrared 3 March 2016 at the Wayback Machine and laser guided 3 November 2013 at the Wayback Machine RBS 70 and Mistral missiles Retrieved on 23 July 2007
26. ICJ begins hearing on Pak complaint 2 May 2016 at the Wayback Machine 4 April 2000 – The Tribune Retrieved on 10 September 2007
27. ^[Usurped!] 21 June 2000 – The Hindu Retrieved on 10 September 2007
28. Judgment of 21 June 2000 Jurisdiction of the Court 5 April 2016 at the Wayback Machine Retrieved on 23 July 2007
29. World court blow for Pakistan 28 March 2007 at the Wayback Machine BBC 21 June 2000 Retrieved on 23 July 2007
30. Govt comments sought in Atlantique case 22 January 2010 at the Wayback Machine 17 July 2002 – Pakistan's Dawn.
31. – 11 June 2002 NDTV Retrieved on 23 July 2007
32. Vayusena Medal (VM) 6 July 2008 at the Wayback Machine Bharat Rakshak Retrieved on 22 July 2007

External links

• Picture gallery of the aircraft wreckage. Retrieved 23 July 2007
• A brief report on the legal proceedings and outcomes at the ICJ from a legal perspective. Retrieved 3 November 2006