New Delhi, Sep 12 : For more than 30 years, Indian spy Mahmood Ansari now aged 75, fought to protect his rights.He was convicted and imprisoned in Pakistan for espionage, he lost his job in the Postal Department, due to “long absence from work” and was able to run from the courts to government offices to seek justice, but in unsuccessfully.However the Supreme Court, considering the facts of the case on Monday, ordered the Centre to pay Ansari Rs.10 lakh as a free payment.
Advocate Samar Vijay Singh, representing Ansari, argued before a bench comprised of the Chief Justice U.U.Lalit and S.Ravindra Bhat that the petitioner, who worked in the Railway Mail Service, Jaipur, in June 1974, was offered by Special Intelligence Bureau to render services to the nation.In addition, he was twice transferred to Pakistan to perform a specific task.
But, he was unfortunately intercepted by the Pakistani Rangers and arrested on December 12th December, 1976.
Ansari was prosecuted under the Official Secrets Act in Pakistan and in 1978, he was sentenced to 14 years of prison.
Then, in July 1980, an ex-parte decision was made to remove him from the postal department.
In the time of his detention in Pakistan, Ansari wrote numerous letters to authorities about his location but without success.
“The petitioner was always informing all details and events to the department prior to leaving for the job, and he also and then submitted his request for leave to the respondent, and they all knew the reason for petitioner’s leave.
The petitioner also changed his address in the department.Upon his the arrest in Pakistan, he has provided an information request to the department, which was served as required on it” according to the plea.
The counsel for the petitioner submitted all the relevant documents to the apex court.
In 1989, Ansari, who came back to the country following his release, received a notification of his demotion from service and he protested in the Central Administrative Tribunal, Jaipur (CAT).
The tribunal in July 2000, refused to consider his request due to a delay in filing.The review petition was rejected by CAT in September of that year.
He made an appeal with the Member of Postal Board of the Directorate of Posts, Dak Bhawan, New Delhi, but in October 2006, the department confirmed his dismissal.
In 2007 he returned to CAT, Jaipur, which denied his request, saying it was not sustainable.
In 2008, he moved the high court and, in 2017 ruled that the petition was not sustainable due to lack of jurisdiction and delay.Later, in 2018 Ansari filed a petition to the Apex court with the glimmer of the hope that he could receive some relief.
“The petitioner provided every detail and situation to the higher office and the Home Minister of India through an official letter or representation from Pakistan jaila,” said the plea.
The counsel for Ansari’s client asked the apex court take into account his client’s advancing age and his imprisonment in Pakistan and, following his release in 1989, he has been fighting an uphill battle to defend his rights under the law.The counsel for the Centre strongly opposed the court’s order to pay an ex-gratia payment of Rs 10 lakh to the petitioner however the court was not influenced.
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