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This is an archive article published on December 28, 2000

`It’s a joke to call it justice,’ says Samba officer

JAMMU, DECEMBER 27: Twenty-five years is a long time, but Major S P Sharma, who was cleared by Delhi High Court in the Samba spy case last...

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JAMMU, DECEMBER 27: Twenty-five years is a long time, but Major S P Sharma, who was cleared by Delhi High Court in the Samba spy case last week, says his battle for justice is not yet over. The “actual culprits” who framed him and the others are still unpunished.

Major Sharma and eight other officers, who had filed writ petitions and appeals against the government action against them, were given a clean chit by the HC. The court said “their conviction is void in law” but Major Sharma is not happy.

“I am ashamed to call it justice. It is a joke to call it justice,” he says. Over 20 people, including nine officers, were dismissed from service after being framed in the case and seven of them were awarded six to 14 years of imprisonment. While one of them died while fighting the protracted legal battle, most of the others faced health problems — some underwent bypass surgeries — because of the stigma. Only a few could get their names cleared as the others gave up the battle half way, he recalls.

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“I was charged with having been caught while crossing the border. I was even accused of having constructed a palatial bungalow and possessing a lot of wealth, including gold biscuits. Where is all that?” Major Sharma asks. “We were forced to live with the stigma in a one-room rented accommodation for no fault of ours.”

Though this rankles what hurts the most is that his tormentors have escaped unscathed. “Those who framed us were decorated for having busted the biggest espionage racket of that time. They are still moving freely. Do you call it justice?” He will now be fighting to exposed the “real culprits” in the case.

Accusing the then Defence Minister, Jagjivan Ram, of having misled the nation with his statement in Parliament, Major Sharma says “whosoever is the culprit, whether the then Defence Minister, Chief of Army Staff General O P Malhotra or me, should be sent to the gallows.” He describes General Malhotra as the “most incompetent top man”, saying he and his coterie brought a bad name to the country.

He says there can’t be any compromise on this because it involves the nation’s security and the people’s confidence needs to be restored in the forces.

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He points out that the country is facing a shortage of 29,000 Army officers. Who will join the defence forces if its officers are framed like this, he wonders. Nothing can improve the morale of the Army if it doesn’t own up the mistake, he says. “The nation should ensure that the real culprits are sent to the gallows,” he says, asking “are we so weak or morally bankrupt that we cannot reach them?”

“Whenever, I get some money, I will fight the second stage of this battle as well to bring the guilty to book,” he says. Major Sharma explains he would file criminal and defamation suits against those who framed him.

In this connection, he quotes an article written by Lieutenant General Chiman Singh, who had taken over the command of 16 Corps of which Samba Brigade was a part in 1979. “I can understand one or two persons going astray, but a whole lot taking to espionage and going to Pakistan, like going to the cinema or for a football match is hard to believe.”

“Major Sharma was a competent, loyal and thoroughly professional officer. I could not believe that a man of his calibre, integrity and loyalty to the country and organisation could have indulged in spying,” Lt Gen Singh had written, adding that “when I met him (Maj Sharma) I was convinced that he could not be a spy.”

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Despite these testimonials, Major Sharma underwent the trauma of being branded a traitor to his country and now wants to go after those who fixed him.

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