SC remands Samba espionage case to Delhi HC
New Delhi, Mar 22 (UNI) The controversy over the Samba espionage case refuses to die down with the Supreme Court today remanding the case back to Delhi High Court for a fresh hearing.
A bench comprising Justice Arijit Pasayat and Justice Tarun Chatterjee directed the High Court to dispose of the matter preferably within four months from the date of receipt of this judgement holding that the high court has not dealt with the matter in proper perspective.
The High Court shall first decide the preliminary objections raised by the appellant namely the Central government about the maintainability for the present writ petitions.
The apex court, however, made it clear that whatever it had observed would not be treated to be the conclusive finding on the subject matter of controversy.
Forty-two army personnel including 19 officers and four Junior Commissioned Officers (JCOs) were arrested for espionage about 31 years ago.
Gunner Sarwan Dass was cultivated by Pakistan Intelligence in February 1971 and in 1972, along with Capt. Ghalwat, he crossed the international border.
In 1974, gunner Aya Singh was befriended by gunner Swaran Dass for Pakistan Intelligence. Aya Singh in turn cultivated Capt.
Aya Singh and Swaran Dass were arrested in 1976-77 pursuant to investigation. Three more jawans were arrested and Capt. Ghalwat and Capt. Nagial were tried by general court martial and were convicted and cashiered.
Ghalwat got 14 years' RI while Capt. Nagial was sentenced to 7 years' RI.
In addition, 12 jawans were given RI of various descriptions and were dismissed from service.
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