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3. The genesis of the present action was the arrest of Gnr. Aya Singh and Gnr. Sarwan Dass who were alleged to be assisting Pakistan SSI endangering the security of India. They were arrested in the year 1975 on suspicion of their being spies passing on secret information to a neighbouring country.

4. Aya Singh was tried by a General Court Martial in the year 1977 for his absence without leave but not on the ground of espionage. He was sentenced to 7 years' imprisonment besides order of dismissal from service. For reasons best known to the respondents he was granted remission and was reinstated in service in March, 1978.

5. Similarly, Sarwan Dass was in custody since 1976. He was also tried by a General Court Martial and was awarded 7 years' imprisonment and dismissal from service. His sentence was remitted and he was also reinstated in service.

6. At the instance of the above two, Ex. Capt. Rathore (petitioner in C.W.P. 3063/95) and Ex. Capt. A.K. Rana (petitioner in C.W.P. 4082/95) were roped in and were charged with an offence of espionage. Capt. R.S. Rathore was arrested on the 24th of August, 1978. Capt. A.K. Rana was arrested on the 27th of October, 1978.

This statement was neither written nor signed by me in the presence of IC 32523 Capt. P.M. Dubey, as shown therein the exhibit, I, however, identify my signatures which appears in this exhibit.
As regards my written statement covering the facts other than espionage activities as described in paras one and two of the statement are entirely true borne by records available in the Unit. However, regarding the portion of my statement pertaining to our visit to Chalyari post I can recollect that I did visit the said post with Major R.K. Midha, VSM and Mr. B.S. Beniwal, Dy. Commandant 22 BSF and the driver on the platoon army vehicle painted in silver colour. We took tea met the Platoon Detachment deployed there and I remember the Log Book pertaining to observation duties was checked by my Officer Commanding in addition to asking the welfare and any other problems from the detachment boys. We had gone in the afternoon and stayed at the post for 25-30 minutes I am not definite whether the said post was during the period of 2 weeks cadre i.e. 21 November to 3 December, 1977 or some times prior to it. The portion pertaining to espionage activities described during Nov. 77 as given in my statement is totally false, baseless, concocted and fabricated fairly tale. There is no truth, whatsoever in this part of the statement.
As far as Maj. R.K. Midha, VSM and whatever I know of him he is an officer of immaculate character with unquestionably honesty, integrity, self respect, truthfulness and dexterity. It is a discord between the person and circumstances and tyranny of fate that an officer of his standing, stoical and decorated soldier has falsely been implicated in a heinous crime of espionage.
The above facts and truth have been stated despite the threats of dire consequence which include an inhumane treatment already experienced by me from time to time and even my disposal under some pretext under which was made to write and copy my false statements pertaining to espionage activities. However, I have highlighted the truth, as I cannot resist my unconquerable revulsion to injustice.