Samba spy scandal: Difference between revisions

{{Use Indian English|date=November 2022}}

{{Use dmy dates|date=November 2022}}

The '''Samba Military Spy Scandal'''<ref>{{cite news | url=http://archive.indianexpress.com/news/33yrold-autopsy-report-rakes-up-samba-spy-case-skeletons/758833/0 | title=33-yr-old autopsy report rakes up Samba spy case skeletons | first1=Chinki | last1=Sinha | first2=Coomi | last2=Kapoor | first3=Coomi | last3=Kapoor | first4=Chinki | last4=Sinha | date=7 March 2011 | newspaper=The Indian Express | accessdate=29 November 2018 }}</ref><ref>{{cite web |url=http://www.timesnow.tv/Hidden-Truth-Ep-I-Part-1/videoshow/4341511.cms |title=Hidden Truth Ep I: Part 1-The Hidden Truth-Weekend Shows -TIMESNOW.tv - Latest Breaking News, Big News Stories, News Videos |website=www.timesnow.tv |url-status=dead |archive-url=https://web.archive.org/web/20100406220953/http://www.timesnow.tv/Hidden-Truth-Ep-I-Part-1/videoshow/4341511.cms |archive-date=2010-04-06}} </ref> was a [[cold war]] [[Military Intelligence of Pakistan|military intelligence]] program which eventually emerged as a scandal in 1979. According to the [[Indian Army]], the military program was run by the [[Military Intelligence of Pakistan|MI]] of Pakistan to seek information on the Indian Army's deposition in [[Western India]].  The [[Indian Army]] and associated [[Indian Intelligence Agency|intelligence agencies]] led the arrest of 50 active duty Army officers and personnel on suspicion of working for the [[Military Intelligence of Pakistan|Military Intelligence]] of the [[Pakistan Army]] from Samba in the northern union territory of [[Kashmir|Jammu & Kashmir]]. [[Samba, Jammu]] is a sleepy town in the [[Jammu]] region bordering [[Pakistan]]. The revelation of scandal led to a serious breach in [[India-Pakistan relations|foreign relations]] of [[India]] and [[Pakistan]].<ref>{{cite news |last1=Sharma |first1=Arun |date=6 November 2016 |title=Samba spy case: ‘How much can a soldier reveal? He doesn’t even know all about his unit’ |language=en |work=The Indian Express |publisher=[[The Indian Express]] |url=https://indianexpress.com/article/india/india-news-india/india-pakistan-border-army-soldiers-sarwan-dass-13739243/ |url-access=limited |access-date=28 July 2022}}</ref>

Between 24 August 1978 and 23 January 1979, 50-odd persons who had worked in the 168 Infantry Brigade and its subordinate units at Samba, 40&nbsp;km from Jammu on the international border, were arrested on charges of spying for Pakistan at the instance of the Directorate of Military Intelligence (MI). Its investigations involved practically the whole officer cadre of the Brigade. Those arrested included a Brigadier, three Lieutenant Colonels, and a number of Majors, Captains, Junior Commissioned Officers (JCOs), Non-Commissioned Officers (NCOs), and personnel of other ranks, plus 11 civilians who had worked in the Samba sector. They were all taken into custody at the instance of two self-confessed Pakistani spies who worked as gunners in the Indian Army - Sarwan Dass and Aya Singh.

The whole story, written by [[A. G. Noorani]], was published in ''[[Frontline (magazine)|Frontline]]''. The book ''The Price of Loyalty'', written by Captain Ranbir Singh Rathaur, is a first hand account of the brutal and inhuman torture inflicted on the officers and men who were falsely implicated in the Samba Spy Case.<ref>{{cite news |title=The Price of Loyalty - Samba Spy Scandal |url=http://www.childplanet.com/english/samba/index.html |archive-url=https://web.archive.org/web/20030814135741/http://www.thehindu.com/fline/fl1804/18041170.htm |archive-date=2003-08-14}}</ref> In 2018, Major Nirmal Ramchand Ajwani, Major A K Rana, Captain Diwan, Captain R S Rathore, and Captain J S Yadav, claimed that they were framed under manipulated documentation and military intelligence power abuse, and demanded an independent probe.<ref>{{cite news |last=Sura |first=Ajay |title=Restore our honour: 5 veterans named in Samba spy case {{!}} Chandigarh News - Times of India |url=https://timesofindia.indiatimes.com/city/chandigarh/restore-our-honour-5-veterans-named-in-samba-spy-case/articleshow/63946962.cms |access-date=28 July 2022 |work=The Times of India |publisher=[[The Times of India]] |date=28 April 2018 |language=en}}</ref>

 

The [[Delhi High Court]] gave judgement in favour of the accused but the [[Supreme Court of India|Supreme Court]] overturned the Delhi High Court's judgement. The accused lost their case in the Supreme Court of India on 6 March 2014. But they kept moving to courts for justice.<ref>{{cite news |last=Naveen |first=P. |title='If there's evidence, shoot us on street, otherwise hang those who framed us' {{!}} Bhopal News - Times of India |url=https://timesofindia.indiatimes.com/city/bhopal/if-theres-evidence-shoot-us-on-street-otherwise-hang-those-who-framed-us/articleshow/65655946.cms |access-date=29 July 2022 |work=The Times of India |publisher=[[The Times of India]] |date=3 September 2018 |language=en}}</ref> In 2019, over 40 years of the alleged scandal, the Delhi High Court, sought a response from the [[Government of India]] following a petition filed by former Captains, Ashok Kumar Rana and Ranbir Singh Rathaur.<ref>{{cite news |last=Singh |first=Soibam Rocky |date=12 April 2019 |title=Declassify ‘Samba Spy’ case files: plea in HC |language=en-IN |work=The Hindu |publisher=[[The Hindu]] |url=https://www.thehindu.com/news/cities/Delhi/declassify-samba-spy-case-files-plea-in-hc/article26824835.ece |url-access=limited |access-date=28 July 2022}}</ref><ref>{{cite news |last=Singh Chhina |first=Man Aman |date=28 April 2018 |title=Samba spy scandal: Accused ex-Army officers demand impartial inquiry |language=en |work=The Indian Express |publisher=[[The Indian Express]] |url=https://indianexpress.com/article/cities/chandigarh/samba-spy-scandal-accused-ex-army-officers-demand-impartial-inquiry/ |url-access=limited |access-date=29 July 2022}}</ref>

 

The Samba spy scandal still remains a controversial issue. In December 1994, Sarwan Das swore an affidavit and appeared at a press conference to admit that he had falsely implicated the men. In December 1990, Aya Singh was killed while crossing the India-Pakistan border. The falsely implicated victims received justice only in December 2000, and not full either.<ref>{{cite news |last=Gupta |first=Sonal |date=19 April 2019 |title=40 Yrs On, Samba Spy Scandal Back In Court: All You Need to Know |language=en |work=TheQuint |publisher=[[The Quint]] |url=https://www.thequint.com/explainers/samba-spy-case-everything-you-need-to-know |access-date=28 July 2022}}</ref><ref>{{cite news |title=Justice gone awry |url=http://www.hinduonnet.com/fline/fl1804/18041170.htm |url-status=usurped |archive-url=https://web.archive.org/web/20020621092317/http://www.hinduonnet.com/fline/fl1804/18041170.htm |archive-date=21 June 2022}}</ref>

 

According to Major [[Navdeep Singh (lawyer)|Navdeep Singh]], the entire case is a debacle as the case was based on Aya Singh's statement where Singh claimed Captain Nagial was the initiator of the scam but a Court Martia acquitted Captain Nagial. Major Singh also brought some major issues of the case; including: Aya Singh, who was killed while trying to cross Indo-Pak border, can not be a reliable witness; Havildar Ram Swarup's confessional statement also built the case while Ram Swarup died of torture after interrogation; Swaran Dass made an under oath statement in 1994 in which Dass was forced to implicate innocent army personnel. Major Singh also raised a statement, "When the foundation itself was faulty, there was no reason for proceeding in the matter."<ref>{{cite news |last=Singh |first=Navdeep |author-link=Navdeep Singh (lawyer) |date=28 November 2020 |title=Why we need our Farr and Flipper to undo miscarriage of military justice |language=en |publisher=Bar and Bench - Indian Legal news |url=https://www.barandbench.com/columns/policy-columns/farr-flipper-miscarriage-military-justice |access-date=29 July 2022}}</ref>