Compensation of 10 lakh to the person spying on Pakistan

Compensation of 10 lakh to the person spying on Pakistan: Supreme Court's directive to the central government - make full payment in 3 weeks

Sep 14, 2022 - 11:05
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Compensation of 10 lakh to the person spying on Pakistan

The Supreme Court on Monday ordered the central government to pay Rs 10 lakh ex-gratia (compensation) to an Indian who spied on Pakistan. This man named Mahmood Ansari claimed that he was sent to Pakistan on a secret mission. But after being caught there, he was kept in jail for 14 years. The matter was heard by Chief Justice UU Lalit and Justice Ravindra Bhat.
The court ruled that Rs 10 lakh as ex-gratia, should be given to the petitioner within 3 weeks. However, this should not be taken to mean that this money is related to their obligation or right.
Mahmood Ansari, a resident of Rajasthan, used to work in the postal department in 1966. The Special Bureau of Intelligence, Government of India, asked him to serve the country in 1972. And he was sent to Pakistan for a secret operation. Ansari was lucky and completed the assigned task twice. But for the third time, the Pakistani Rangers caught him.
On 23 December 1976, Ansari was arrested on charges of espionage. Ansari was court-martialed. He was tried under Section 3 of the Official Secrets Act, 1923 (Law of Pakistan). and was imprisoned for 14 years.
When Ansari returned in 1989, he approached the authorities for a job. He was told that his services were terminated only on 31 July 1980. The administrative tribunal also rejected his plea for reinstatement and backways in 2000. In 2017, the Rajasthan High Court also dismissed his petition citing delay and jurisdiction. After this Ansari approached the Supreme Court in 2018.
On behalf of the government, Additional Solicitor General (ASG) Vikramjit Banerjee had said that the state has nothing to do with the petitioner. Ansari was last paid on 19 November 1976. He has not taken his salary since 1977.
The court heard the arguments of both parties on the facts of the petitioner's espionage mission and job in the postal department. After this CJI UU Lalit gave the verdict in favour of the victim. Keeping in view the family circumstances, directed the government to give alimony as compensation. Earlier it was fixed at Rs 5 lakh but considering the age of 75 years and dependency on the daughter, it was increased to 10 lakh.
The court also referred to the decision of the court of Pakistan, in which the petitioner was convicted. At the same time, it also said that the basis of punishment is not to find Indian spying in Pakistan and getting punished. The basis of punishment is that they were part of the regiment. As a soldier in uniform, he did some work. So court martial was done and punished.
Justice Bhat told petitioner Ansari, "You were part of Pakistani Rangers. If you really went in a subversive role, you should have told." The counsel for the petitioner said that he has nothing to do with the Pakistan Army. He was released in 1987 and kept in the Indian Embassy in Pakistan for two years. He returned to India in 1989.

Muskan Kumawat Journalist & Writer