Army fabricated Samba spy case: Victims

The bench, after hearing the counsel for the petitioner, G L Sanghi, asked both the petitioners and the respondents to file synopsis and legal submissions in each case and adjourned further hearing to July 11.

Army officials between December 1978 and January 1979 had arrested 27 officers, three JCOs, nine NCOs and 11 civilians for allegedly spying for Pakistan during their posting in the Samba sector in Jammu and Kashmir on the basis of statements made by Capt A K Rana and Capt R S Rathore.Counsel for the petitioner, Sanghi, told the court that the statements were obtained from Rana and Rathore after subjecting them to inhuman torture.

The petitioners had pointed out to the court that a joint inquiry conducted by the Jammu and Kashmir police, the Border Security Force, the Intelligence Bureau (IB) and the Research and Analysis Wing (RAW) had found that the entire Samba spying case was based on falsehood.

The petitioners also cited recent statements made by former head of IB, T V Rajeshwar, and his former deputy director, V K Kaul, about the innocence of the victims, many of whom claimed that their career was cut short by the false charges and subsequent court martial.Advocate V K Shali mentioned to the court two pending petitions by Rana and Rathore challenging the illegality of the court martial under Section 165 of the Army Act.

He said though the petitions were earlier dismissed by the Supreme Court, with the new facts coming to light he would be able to satisfy the court about the genuineness of the petitions and that the res judicata (ban on hearing of petitions already rejected by a superior court) would not be applicable on these two petitions.

The petitioners also stated that the whole case began in 1975 with the confessional statement of two self-confessed spies, Swaran Dass and Aya Singh, and alleged that these two spies were awarded seven-year-imprisonment, which they never served and were taken back in service and later discharged.