"The [Indian] Army released me on a secret agreement"
The official version of the Samba case was woven around gunner Sarwan Dass's confession. He had joined the Indian Army on September 9, 1967. After the 1971 Indo-Pak war, he began spying for Pakistan, and passed on crucial information to Islamabad. Following an IB tip-off, Sarwan was arrested in June 1975 by his artillery unit based in Madhya Pradesh. His fake confessions ruined the lives of many bright Indian soldiers. Sarwan now regrets his misdeeds. He opens up, for the first time, about the case. Excerpts:
When did you first visit Pakistan?
In 1971. I desperately needed some money, so I decided to visit Pakistan for smuggling. But I got arrested in Sialkot and was sent to jail. Two Pakistani officers, Major Akbar Khan and Major Akhtar of Field Intelligence Unit promised to release me, provided I work for them. The offered good money, too. I agreed.
Who was the first person you took to Pakistan?
I have taken only one person, Aya Singh. He was not happy with his Army job. He, too, wanted to make some quick bucks.
How did the Army come to know about your espionage activities?
It was 1975. Aya Singh and I had rejoined my unit in Babina in Jhansi after long absence from duty. Both of us were punished—two months rigorous imprisonment. After a couple of months, Khan sent a person to Babina to meet me. He was a civilian from Jammu. He showed me my picture with Major Khan. So, I thought he was our man. Later, I came to know that he was an IB double agent.Captain R.G. Ghalwat was charged with helping you to escape from the Army's custody.That is a fake story. While being shifted from Babina to Jammu, I jumped off the train, as the guards were sleeping.
Then why did you testify against him?
I was under intense pressure to give names of spies. I thought why not implicate him. He was my commanding officer at Babina and had been very harsh on me. Once he had punished Aya Singh and me, as he spotted us returning after a late-night movie. So, I thought it was my turn to teach him a lesson. Ghalwat was given 14 years rigorous imprisonment, and he succumbed to the humiliation of being called a Pakistani agent? I never thought he would be given such harsh punishment. I feel ashamed of myself.
Who else was working with you for Pakistan?
Aya Singh and I were the only ones.
What about officers such as Captain R.S. Rathaur and Captain A.K. Rana whom you named in the case?
I confessed my crime and wanted to reform myself. I had no intention of fixing these officers. But I was given third-degree torture. Imagine, I was held in the torture chamber for three years. Finally, I started giving false names. The moment I started lying, MI officers started giving me liquor and permission to see my family, and they stopped torturing me. Also, I was angry at a couple of officers like Major Ajwani. He was the judge advocate in my case. In court, I told him I was not arrested by the Army and that I surrendered before the IB. But, he kept saying, “Your point is not relevant”. He was very arrogant. Then, in the court room, I thought whenever he gets trapped, he would understand what is lie and what is truth about Samba.
You are saying you were forced to implicate these men?
Yes
Who forced you?
Brigadier T.S. Grewal (then MI deputy director), Major S.C. Jolly (now Brigadier), Captain Sudhir Talwar and Colonel V.P. Gupta. They tortured and forced me to implicate other people. Every time they interrogated me, all they wanted was: more names. I resisted the torture for three years, but, when it became unbearable, I gave false names.
How come the authorities trusted your testimony so much?
Aya Singh and I were surprised, too.
How come you were released while others were given harsh punishment?
I was released on a secret agreement. I was given seven years imprisonment. But Sudhir, Gupta and Jolly promised me the I would be released sooner. Sudhir even visited me a couple of times in jail. He wanted one more name, a big one. I again wrongly mentioned the name of a Muslim major general, posted in Kolkata. I don't know what happened to him.
Then, you were discharged from the Army, right?
I was never tried for espionage, but for absence without leave. In August 1979, a court martial awarded me seven-year rigorous imprisonment and dismissal from the Army. In 1983, I was discharged from the services and transferred to pension establishment.
Why are you saying all this after so many years?
I feel really sad that, because of my mistake, so many families got destroyed. I want to repent by confessing all my misdeeds.
Army Of Victims
61 Army personnel, including a brigadier, three lieutenant colonels and several majors and captains, and 11 civilians were arrested following the confessions of Sarwan Dass and Aya Singh.
The victims include:
Captain R.G. Ghalwat of Haryana
Spent 14 years in jail. Died of heart attack.
Havaldar Ram Swaroop of Haryana
Found dead after being picked up by military intelligence. His wife says he died during interrogation. Postmortem report never made public.
Gunner Baburam of Jammu
Dismissed, sentenced to 14 years RI. Contracted a fatal TB infection in jail.
Captain R.S. Rathaur of Delhi
Dismissed and served 14 years RI. Was tortured during interrogation. Suffers from memory loss. Wrote a book on his experience: The Price of Loyalty.
Captain A.K. Rana of Himachal Pradesh
Dismissed and served 14 years RI. His father died of shock immediately after his arrest and his daughter died a couple of years later.
Captain S.R. Nagial of Jammu
Dismissed. Served seven years RI. Fought his case in Delhi, Himachal Pradesh and J&K courts.
Gunner Banarasi Das of Jammu
Dismissed and served 14 years RI. Currently works as a farmer. His case is now with the Armed Forces Tribunal.
Gunner Satpal Singh of Jammu
Served 10 years RI after dismissal, during which his wife worked as a maid.
Clerk Ram Lal of Jammu
Dismissed, served 12 years in jail. Many say he was implicated to save Sarwan's brother, who had a similar name.
Driver Mulkh Raj of Jammu
Dismissed; served eight years in prison. His case has reached the tribunal.
Brigade Major S.P. Sharma of Jammu
Commanded two different companies in the 1965 and 1971 Indo-Pak wars, and was recommended for a VSM. Blindfolded and detained in a dark cell for months. 25 prosecution witnesses were produced, but none gave evidence against him. Yet, he was dismissed.
Gunner Milkhi Ram of Jammu
Dismissed and served 10 years RI.
Major R.K. Midha of Delhi
Arrested and dismissed after he refused to testify against Ram Swaroop. His case is pending before the Supreme Court.
Major Arun Sharma of Dehradun
The only evidence against him was Capt. Rana's written confession. Dismissed.
Major N.R. Ajwani of Mumbai
Dismissed. Aged 73 now, he travels from Mumbai to Delhi to attend court hearings and has mobilised a campaign against the injustice meted out to him.
Capt. Kulwant Singh of Jammu
Dismissed despite the fact that no one testified against him. Case pending at the Supreme Court.
Timeline
1975—Sarwan Dass and Aya Singh arrested. They confess that they were working for Pakistan at Samba, 40km from Jammu on the border.
1978-1979—61 Army personnel and 11 civilians arrested.
1978—Ram Swaroop picked up for questioning. Allegedly died at interrogation centre. Morarji Desai wants to investigate the death, Army HQ briefs him against it.
1983—Both Indira Gandhi and Rajiv want to review the case, after former IB chief T.V. Rajeswar writes to them that the case will not stand scrutiny.
1989—R.S Rathaur and A.K. Rana released from jail after 10 years.
1990—Aya Singh shot dead while crossing the India-Pakistan border.
1995—Rathaur and Rana petition Delhi High Court to reopen the case.
2000—Justices K. Ramamoorthy and Devinder Gupta of Delhi High Court call the Samba spy case a “gross miscarriage of justice” by the Army to its officers. They exonerate Rathaur and Rana, and quash the Army order dismissing seven other officers.
2006—Supreme Court sets aside the Delhi HC order of 2000, directs HC to re-examine case and directs Rana and Rathaur to approach the HC again.
Dec 25, 2007—Delhi HC quashes the petition to reopen the case.
Present—All cases pending before the Delhi High Court have been shifted to the Armed Forces Tribunal where they have been listed for hearing on May 31, 2010. Some, including that of Major Ajwani, are still pending before the Supreme Court.
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