Samba spy scandal
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The Samba Military Spy Scandal was a
cold war The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because t ...
military intelligence Military intelligence is a military discipline that uses information collection and analysis approaches to provide guidance and direction to assist commanders in their decisions. This aim is achieved by providing an assessment of data from a ...
program which eventually emerged as a scandal in 1979. According to the
Indian Army The Indian Army is the Land warfare, land-based branch and the largest component of the Indian Armed Forces. The President of India is the Commander-in-Chief, Supreme Commander of the Indian Army, and its professional head is the Chief of Arm ...
, the military program was run by the MI of Pakistan to seek information on the Indian Army's deposition in
Western India Western India is a loosely defined region of India consisting of its western part. The Ministry of Home Affairs in its Western Zonal Council Administrative division includes the states of Goa, Gujarat, and Maharashtra along with the Union ...
. The
Indian Army The Indian Army is the Land warfare, land-based branch and the largest component of the Indian Armed Forces. The President of India is the Commander-in-Chief, Supreme Commander of the Indian Army, and its professional head is the Chief of Arm ...
and associated
intelligence agencies An intelligence agency is a government agency responsible for the collection, analysis, and exploitation of information in support of law enforcement, national security, military, public safety, and foreign policy objectives. Means of informatio ...
led the arrest of 50 active duty Army officers and personnel on suspicion of working for the
Military Intelligence Military intelligence is a military discipline that uses information collection and analysis approaches to provide guidance and direction to assist commanders in their decisions. This aim is achieved by providing an assessment of data from a ...
of the
Pakistan Army The Pakistan Army (, ) is the land service branch of the Pakistan Armed Forces. The roots of its modern existence trace back to the British Indian Army that ceased to exist following the Partition of British India, which occurred as a result ...
from Samba in the former state of
Jammu and Kashmir Jammu and Kashmir may refer to: * Kashmir, the northernmost geographical region of the Indian subcontinent * Jammu and Kashmir (union territory), a region administered by India as a union territory * Jammu and Kashmir (state), a region administered ...
.
Samba, Jammu Samba is a town, municipal committee in the only Samba Tehsil of the Samba District in the Indian Union territory of Jammu and Kashmir. Geography Samba is located at and has an average elevation of . Samba is situated in the Shivalik Hill ...
is a sleepy town in the
Jammu Jammu is the winter capital of the Indian union territory of Jammu and Kashmir. It is the headquarters and the largest city in Jammu district of the union territory. Lying on the banks of the river Tawi, the city of Jammu, with an area of ...
region bordering
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
. The revelation of scandal led to a serious breach in
foreign relations A state's foreign policy or external policy (as opposed to internal or domestic policy) is its objectives and activities in relation to its interactions with other states, unions, and other political entities, whether bilaterally or through m ...
of
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
and
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
. 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 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.


Guilty or not guilty

The whole story, written by
A. G. Noorani Abdul Ghafoor Majeed Noorani, known popularly as A. G. Noorani (born 16 September 1930), is a lawyer in India and political commentator. He has practised as an advocate in the Supreme Court of India and in the Bombay High Court. Early life and ...
, was published in ''
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''. 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. 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.


Court proceeding

The
Delhi High Court The High Court of Delhi (IAST: ''dillī uchcha nyāyālaya'') was established on 31 October 1966, through the ''Delhi High Court Act, 1966'', with four judges, Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. ...
gave judgement in favour of the accused but the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
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. In 2019, over 40 years of the alleged scandal, the Delhi High Court, sought a response from the
Government of India The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, ...
following a petition filed by former Captains, Ashok Kumar Rana and Ranbir Singh Rathaur.


Controversies

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. According to Major 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."


References

{{reflist 1978 in India History of the Indian Army 1970s in Jammu and Kashmir Military scandals Espionage scandals and incidents Desai administration India–Pakistan relations Pakistan military scandals