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ALEEGED PAKISTANI SPIES ,tried for 25 yrs>set free!

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    ALEEGED PAKISTANI SPIES ,tried for 25 yrs>set free!

    Alleged Spy for Pakistan,tried 1/4 century(25yrs)set Free

    Court clears Samba spy case accused

    NEW DELHI: The Delhi High Court on Thursday burst the bubble of the
    Samba spy case, which rocked the country in the mid-70s, by giving a
    clean chit to the two Army Captains who were convicted in Court Martial
    proceedings launched against them and several others who were
    subsequently dismissed from service for allegedly spying for Pakistan.

    Ordering the government to grant all consequential benefits to the
    dismissed officers, including the two convicted Captains, a division
    Bench, comprising Justice Devinder Gupta and Justice K Ramamoorthy,
    declared the orders against them as null and void in the absence of any

    Accepting the writ petitions of Capt R S Rathuar and Capt A K Rana, and
    appeals of seven other officers against a single-judge Bench upholding
    the government action against them, the court said ``their conviction is
    void in law''.

    Setting aside the conviction and the dismissal orders, the Bench said
    the Army authorities had failed to produce any material evidence of
    their alleged involvement in the espionage.

    The Samba spy case relates to the arrest of Army personnel Sarwan Dass
    and Aya Singh in 1976 and their sentence to seven years' imprisonment by
    the GCM. The two had subsequently named Capt Rathaur and Capt Rana, who
    were arrested in August 1978.

    Following their interrogation by military intelligence, several Army
    officers were arrested, seven of whom had moved the high court against
    their dismissal from service.

    Castigating the Army for ``roping in'' so many officers in the case, the
    Bench said ``we are of the view that there is no other conclusion
    possible except to say that the orders, which are subject matters of the
    writs and appeals by the petitioner, are merely camouflaged and passed
    for extraneous reasons under the cloak of innocuous form of orders of

    ``To give an air of verisimilitude, the Army had held the court martial
    proceedings (against them), which are wholly void,'' the court said in
    an 111-page judgment delivered three years after the conclusion of

    Stating that in the records, the Army authorities had produced four
    ``thin files without pagings'' as evidence, the court said ``the
    respondents tried to play the cards very close to their chest and have
    not allowed any light to be thrown on the issue to be decided.''

    The military intelligence (MI) had arrested 52 Army officers and
    personnel in the case but no proceedings were launched against a few of

    Referring to the records produced by the Army, the court said, ``it does
    not disclose any fact. If any material worth mentioning had been found
    in the files, we would (have) not certainly interfered to annul the
    proceedings Justice delayed is justice denied

    For Vijay Kumar Dewan, one of the dismissed Army officers who lost a
    lifetime proving his innocence, what does the high court order mean?

    ``I have lost 20 beautiful years of my life and a promising career in
    the Indian army. But today, my name has been cleared and that is all
    that matters,'' says Dewan. ``I was charged with the most serious
    offence, treachery to the state, when I was completely innocent. The
    court has now set aside the conviction and acquitted me. But I can't get
    back all those years. A lifetime has gone by. I am 54 now.''

    Looking back at the infamous case, Dewan claimed: ``The whole thing was
    a conspiracy hatched by certain officials. But I have nothing against
    the army. The unit which I once served has supported me throughout my
    struggle. They have been inviting me to every public function they have

    Surprisingly, Dewan has no grudges against anyone. Nor is he
    complaining. Instead, today he is celebrating. Glancing through a few
    pages of the historic judgment, he declared to his family on Thursday
    evening: ``Good. At last, we have got justice.''

    His wife, a diehard optimistic, added, ``I had never lost trust in
    goodness and God. We had done nothing wrong. This had to happen one

    The Dewans' offsprings were a happy lot too. ``When their father was
    charged with the offence, I never told them about it,'' says Mrs Dewan.
    ``I did not want them to be burdened. We told them about the goings-on
    much later. Only when they were old enough to bear it all.''

    The Dewans don't even want to talk about their past experiences. ``We
    have gone through hell,'' said Vijay K Dewan. ``But we don't want to go
    over it again. We don't want to relive it. It's all in the past. We are
    happy now. My children are settled. I don't want to narrate the
    nightmare I faced all over again.''

    Once out of the Army, Dewan, did a number of sundry jobs to sustain his
    family. ``I was serving as a major in the army when this incident
    happened,'' he said. ``And, suddenly, I had nothing to do. For years, I
    worked as an agent for small, private firms. Destiny forced me to live a
    life that was unthinkable while I was in the army.'' The man now owns a
    small scale industry. ``I know I can't get back what I have lost,'' he
    said. ` But I have learnt a lot from the entire episode.''

    Today, Major Dewan can claim monetary benefit which would equal 20 years
    of his salary. Compensation enough?(Smeeta Mishra Pandey & Agencies)


    "The greatest trick that the devil played was to convince that he doesn't exist"movie-Usual Suspect

    Cross posting is not appreciated.

    If you have something of interest to share with us FYI, please do so with your comments and/or opinion attached.

    Otherwise save the cut and paste for other bulletin boards.



      Originally posted by Muzna:
      Cross posting is not appreciated.

      If you have something of interest to share with us FYI, please do so with your comments and/or opinion attached.

      Otherwise save the cut and paste for other bulletin boards.

      Muzna Bhai,
      I dont understand what you mean by "cross" posting.If you think iam posting materals from other forums ,then i'm not.I post news items not b/c im plagarizing,cheating.or cant write myself,BUT b/c it serves as a catalyst to start a dialogue in the related area.
      Many of my post ,though in my opnion are very significant exempelary noteworthy ,are not found so by other posters & it dies.Many times moderater b/c of there power delete.Even though i think they are wrong ,I HAVE NEVER PROTESTED b/c ther are so many topics that it would be waste of time to fight.
      Mostly my position is obvious with the selection of news item,because the news generally support what i believe ,but there is room for changing views based on points posted for or against it,I see myself friendly to most of th views of guppies,therefore feel at home .I dont have any agenda political or religion wise.


        muzna bhai,
        my only comment to the ppl. who take time to read this is mostly Indian muslim are more & more blamed for being isi agent.
        Here most of the accused are hindus & other non muslims which underscores the fact that at the level pf nation hood,&world political atmosphere ,it isnt simplistc as which religion a person is,There might as well be high level hindu or Muslim be part of RAW or ISI & not to have naive simplistic view in this complicated naional interactions.

        [This message has been edited by FYI (edited December 24, 2000).]