
Unless something happens that throws the spanner in the works, Indian agent Surjeet Singh will walk out of a Pakistani prison and head for the Indian border. The spy was tried under the military-led government of General Ziaul Haq in 1985 and sentenced to death. He was tried under the Pakistan Army Act (1962); now the government wants to release him — “because he has completed his life sentence” — with the consent of the Pakistan Army. There has been some confusion about the identity of the man being released with earlier news reports indicating that it was the notorious spy Sarabjeet Singh who was being set free. However, it later emerged that the man in question was Surjeet Singh.
Efforts to get Surjeet Singh out date back to 1989 when then prime minister Benazir Bhutto, desirous of turning over a new leaf after General Zia’s rule, declared a general amnesty for all condemned prisoners in the country and advised president Ghulam Ishaq Khan to convert all death sentences to life imprisonment. A legal point whether this could be done without the consent of the Pakistan Army stymied the amnesty; but the military later allowed the commutation. The fact is that if Pakistan keeps Surjeet Singh in prison any longer, it will be an illegal confinement as he has served out his life sentence, having already spent 22 years in jail.
Presidential spokesperson Farhatullah Babar has clarified the misperception that President Asif Ali Zardari ordered the spy’s release. According to Mr Babar, the law ministry sent a summary to the interior ministry for the release of Surjeet Singh and he will be released following clearance from the interior ministry, which will then inform the foreign office to contact the Indian authorities through diplomatic channels for a date of release.
The release of the Indian is a positive confidence-building measure on the part of Pakistan and is to be welcomed. Relations with India have been on the mend on the basis of a popularly supported free-trade regime. In addition, an Indian court recently released a visiting Pakistani national serving time in a murder case. What is now needed is that both countries continue to take such steps in the future as well despite the political uncertainty prevalent in the region, especially in Pakistan.
In this regard, it is pertinent to mention the case of Sarabjeet Singh as well, who is on death row and has filed several mercy petitions pleading for his release. In his case, it seems that public passion may thwart an important move in the reorientation of foreign policy in the interest of the Pakistani state and above all of the national economy. An earlier incident — that of the CIA contractor Raymond Davis who had killed two men in Lahore — had likewise aroused collective emotion but which was not effective in overthrowing the statesmanship aimed at preventing the state of Pakistan from becoming internationally isolated.
The trend in Pakistan is to take the conduct of foreign policy out of the domain of the executive and make it subservient to public emotion through TV channels and parliament. Since foreign policy belongs in the realm of the pragmatic based on the diplomatic strength of the state — which is another name for avoidance of international isolation — it cannot be judged on the same yardstick as internal policy, which is correctly subject to unbending laws. The common man and parliament, where the emotion of the common man is reflected, is usually not the right forum to decide foreign policy initiatives. Since states have always had to deal with the intersection of diplomacy with national law, all constitutions contain provisions of amnesty, which are usually not challenged by the supreme judiciary of the country. Foreign policies are not framed to satisfy national honour but to create situations of national advantage where national honour is indirectly upheld. Killing Sarabjeet Singh or letting him rot in jail till he dies will not serve the interest of the state.
Published in The Express Tribune, June 28th, 2012.
COMMENTS (27)
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After all! Isn't "releasing" foreign terrorist and handing-over our citizens for foreign jails our policy? He must be released then too. At least he has spent more time in jail than the ones we let go. Although his case is not at-all similar to Dr. Chishti who did not plan but found himself in the middle of his family property brawl which resulted in a dead man.
But the question is this guy, compare to others sent over here, due to his appearance was a mistake or intentionally sent to see the day.
Another convicted Pakistani in jail sentenced to death would have been wishing he was an Indian. To him there would have been a hope to live a free life under open sky. But sorry, he is not Indian. Is this justice that for the sake of diplomacy and bettering relations a man be freed who killed 14?
Hi Guys,
22 years, he will not have zeal,will or strength to spy again.Also after IK Gujral, RAW was denied covert operations . To point you, India have released Dr. Chisti although on bail. Same thing can be done by pakistan. We put the convict in jail as long as he is a threat to soceity. I don't think, he is threat now. Pakistan should release hin.If justice is not done after 22 years, I don't think justice can ever be done.
Thanks, Ranjan
@Lala Gee: Mr go n read details of J&K issue.It states pakistan is the aggressor and must vacate the region fully b4 holding plebiscite there. so who is responsible 4 d mess? ur army not us
@Zeta who writes "He is not only a spy. He is a murderer, A terrorist responsible for 20 deaths. He should rot in jail until his last breath"
I think you need to revisit his trial and get educated on the subject.
He is convicted solely based on tortured confessions. There was not an iota of evidence to prove that he was involved in any terrorist activities.
I hope people read the editorial at least till the point where the sentence was commuted.
Maybe Pakistanis don't drink, but across the Indian of the border- they DO. So it might not be known in Pakistan but drinking can lead to erratic behaviour. There is a 50% chance that this guy was framed. Add the vagaries of the system and that percentage goes up.
Besides, "Life Term" in India is 14 years, this guy already did 22. So unless, term of "Life Term" is different in PPC, someone inform can otherwise, what is the legal basis of holding him?
Most of such cases people just continue to be in prison because of neglect. I can't imagine that to be an issue in this case.
So what is the choice, but to release?
Mutually assured destruction is our mantra! Both India and Pakistan are worst countries in the world in terms of human development index. But our common illusion of grandeur has blinded us to see futility of militarist grand posturing. Border closing ceremony is an excellent example of our shared trait despite extreme hate for each other, it is sheer stupidity of highest order! Population control, secular education and mutual trade will ensure our place in competitive world of future. Current policies are sure to take us to our doom, it does not matter whether the gates of heaven are open or not after we die.
Surjeet is a cunning fellow and he knows what to tell where. Don't you all guys think that he wants to be known as hero in India by calling himself as spy? Next you will hear how he was used by Indian agencies and his claims of losses in million dollars.. Being spy is his first move to make money from Indian government.
@bharat: He is not only a spy. He is a murderer, A terrorist responsible for 20 deaths. He should rot in jail until his last breath
release him on humanitarian grounds, 20yrs in a Pakistani jail is a big punishment in itself
Democracy is best revenge for people of Pakistan
Raw has to be the dumbest intelligence agency in the world! Sending a Sikh with bog beard and turban to gel in with Muslim population. Bright future India has.....
why not they release our prisoners y only we do??
I can see many are talking about due process while discussing about drone, the same guys are crying for blood here.
What about the Indian terrorists who have killed scores of Pakistanis and Kashmiris?
This Indian terrorist should nto be and will not be released. I don't want him dead either. He should keep rotting in our jail until his terrorist life ends.
@Pakistan for peace:
"Let this be the new beginning. VENGEANCE will do no good. Let’s replace this with FORGIVENESS… Let’s be the bigger man.. Shall we?"
Every Pakistani want peace with India, but can it be achieved unilaterally? Don't you read the comments of the Indian trolls here? Do you see any such desire? And even if there are a few, they want it on their own terms. There cannot be real peace with India until the outstanding issue of Kashmir is resolved fairly according to the wishes of the Kashmiri people and the resolutions of the UNSC.
People supporting the release of a foreign terrorist who killed 14 innocent Pakistanis on various humanitarian grounds, I wish you were one the victims and one of your family members has written the comment. Why don't you ask India to do the same by releasing Ajmal Kasab - although I don't want him back - on the same humanitarian grounds and see the reaction of the same Indians commenting here, who are so much aggrieved by the capture of their agent.
@sundip
well is it now ok that he sureet has admitted he is a spy? Or would you like some more proof?
What about the Pakistani terrorists and Afghani terrorists who have killed scores of Pakistanis?
An eye for an eye will make all of us blind. We have been fighting for more than 60 year, what good has it done till now and what good will it do in future. Somebody has to start from somewhere. Let this be the new beginning. VENGEANCE will do no good. Let's replace this with FORGIVENESS... Let's be the bigger man.. Shall we?
A simple and short answer is NO. Its great injustice to the blood of those 20 Pakistanis died and Families victims
@butt jee: Given the way investigation agencies work in both our countries, can you say with 100% surety that the right people have been convicted?
Why should we only and why not they? I want all the Pakistani prisoners in indian jails back
No way, he should not be released. He had killed a number of innocent Pakistanis whose families are still suffering. Hell with one sided Aman Ki Asha which is not duly reciprocated by the Indians. He must be dealt with under the Pakistani Law, the way we would have dealt with any Pakistani for a similar crime.