It has been 51 years since India won the 1971 war against Pakistan, and Bangladesh was born. No Indian can forget the legendary photograph of Pakistani Commander of Eastern Command Lt-Gen AAK Niazi signing the Instrument of Surrender in Decca. Lt-Gen Jagjit Singh Aurora, Vice Adm N Krishnan, Air Marshall HC Dewan, Lt-Gen Sagat Singh, Maj Gen JFR Jacob and Flt LT Krishnamurthy witnessed the historic moment. Each of them played an important role in India’s victory. At that time, India captured 93,007 Prisoners Of War, out of which 72,795 were Pakistani soldiers. Later, all of them were sent back to Pakistan as per the Shimla Agreement and under the provisions of the Geneva Convention on POWs.
While India fulfilled its duty as a mature nation, Pakistan did just the opposite. For the last 51 years, India has been waiting for information on the whereabouts of its 54 soldiers, officers and fighter pilots who were captured as POWs by the hostile nation sitting right next to us. The Government of India has marked them as ‘Missing In Action’. Sadly, the Pakistani government has repeatedly denied the presence of the 54 soldiers in the country. It is notable that in 1989, former President of Pakistan Zulfikar Ali Bhutto’s lawyer was informed that there were POWs in the same prison where Bhutto was lodged in Lahore. The incident found its mention in a book, but later President Pervez Musharraf denied the presence of the 54 POWs in Pakistan.
One of the major questions that arise when Missing 54 are mentioned is how Pakistan managed to continue the alleged illegal detention of the Indian POWs. Brigadier (Retd) Harwant Singh told India Today that during the 1971 Indo-Pak war, Pakistan authorities did documentation with faulty details when these personnel were taken POWs. He said, “We had raised the issue with the then Indian prime minister who spoke to Parvez Musharraf but in vain. The absence of proper documentation was responsible for detention. Had the Pakistan authorities documented them, they might have been traced, and their families may not have suffered for decades.”
There have been countless stories that need to be told about the Missing 54 and their families. According to a BBC report from 2020 authored by Soutik Biswas, Chander Suta Dogra, a senior Indian journalist, keenly followed the stories of Missing 54. In her book ‘Missing in Action: The prisoners who never came back”, Dogra gave a detailed account of their stories. Dogra noted that in the 1990s, in response to a petition in a lower court, the Government of India mentioned that 15 of the Missing 54 defence personnel were “confirmed killed”. However, today, the government maintains that all 54 of them are still missing.
There have been several reports of Indian POWs in Pakistani jails. BBC noted that the family of a wireless operator who went missing in the 1965 war was told by the Indian Army that he died in the line of duty. However, between 1974 and the early 1980s, the Government and the family were informed by three Indian prisoners that he was still alive. The whereabouts of the Indian defence personnel were never found.
Families missed a chance to visit Pakistani jails in 1983
In 1983 six people and in 2007, 14 people went to Pakistan to find any possible information on Missing 54, but they alleged that the Pakistani Government did not cooperate and were stonewalled. While the relatives continued to say that they had evidence of POWs in Pakistani jails, the Government of Pakistan kept denying it. Here is what happened during that period.
After the 1982 visit of Pakistani dictator General Zia Ul Haq to India, there was some hope among the families of the Missing defence personnel, and they were not wrong. Surprisingly, Pakistan invited families to visit. Then-Minister of External Affairs Narasimha Rao assured the families that he would try his best to facilitate the visit. Notably, in 1972, India allowed some Pakistani families to meet prisoners in jails which were seen as one of the reasons Pakistan could have agreed to allow Indian families to visit Pakistani jails.
The Indiatimes report noted that there was a hush-hush in the media. It was a classified visit, and the families were told not to indulge with the press. There was a possibility that some deal was being made between the governments. As per reports, the families were told, “Get the men back. They may not be in good health, but you can nurse them back to health.”
On September 12, 1983, the families left for Lahore. They were later informed that MEA officials would also join them to go to the Multan jail, where most Indian prisoners were believed to be kept. On September 14, they reached Multan.
This was the time when things went south. The politics became a hurdle between the families and the Indian defence personnel lodged in the prisons. As per reports, then-Prime Minister Indira Gandhi was quite critical of Haq and regularly gave statements favouring Khan Abdul Ghaffar Khan & the MQM movement. It was one of the reasons the Indian families were not allowed to meet the prisoners. Another notable thing is that on September 14, India was supposed to permit Pak officials to meet 25 Pakistani prisoners in Patiala jail, but it never happened. The Pakistani media reported, “India goes back on its words”.
Despite reaching Multan, the families were not allowed to meet the prisoners. The family members sat for long hours to get access to meet around six people but were asked to leave. The jail officials told them that only Zia Ul Haq could have helped them.
Notably, when the Pakistan Government returned Wing Commander Abhinandan, then-Chief Minister of Punjab, Captain Amarinder Singh, raised the issue of POWs of 1971 lodged in Pakistani jails. He said, “The Indian government must take up the issue of PoWs of the 1971 war with Islamabad.”
The 2007 visit to Pakistani jails
In 2007, the hopes of the families were again sparked when a delegation was allowed by the Pakistani government. 14 relatives visited Pakistan jails but could not confirm anything. Lt Col MK Guptaray in an article for Mission Victory India said, “Even if they were alive and kept somewhere in Pak Jail, it was very easy for Pak to hide them from the visitors.”
Several reports pointed towards the presence of Indian POWs in the Pakistani jails
On December 27, 1971, Time Magazine published a photo of Major AK Ghosh, one of the missing personnel lodged in a Pakistani jail. His family members believed he was dead but recognised him instantly upon seeing the photograph. In the same year, a local paper published another photograph of a prisoner who was believed to be Indian defence personnel.
70-year-old Damayanti Tambay was married for only 18 months when the 1971 war broke out. Her husband, Flight Lt Vijay Vasant Tambay, was one of the missing 54. She blamed the government of India for not taking any concrete steps to bring back the soldiers who were lodged in Pakistani jails. She said, “We are just ‘file numbers’ for the government. We have given them evidence, but they just set it aside.” Tambay was one of the petitioners who had approached the Gujarat High Court and got an order to approach the International Court of Justice to find Missing 54 in 2013. However, the then-government of India got a stay from the Supreme court. She said, “It hurts that the government can send legal luminaries to defend Kulbhushan Jadhav (arrested by Pakistan on charges of being a spy), but for people like my husband who risked their lives for the country, they have no time.”
A BSF constable Surjit Singh from Tehna village, Faridkot, was posted in the Poonch sector of Jammu and Kashmir. His wife, Angrej Kaur, and son Amrik Singh believe that Surjit is currently lodged in Kot Lakhpat jail in Pakistan. Amrik said, “I was only a few days old when my father was taken hostage by Pakistan Rangers on December 4, 1971.” In 2017, Kaur approached Punjab and Haryana High Court to seek instructions from the government to approach ICJ. Her petition was based on a statement by Ansar Burney, former Pakistani minister, who told Jang Samachar on April 28, 2011, that Surjit was in a Pakistani jail. A report in India Today mentioned that an Indian, Khushi Mohammad came back to India in 2004 from Pakistan after completing his jail term and told Surjit was alive.
Bombay Sappers sepoy Jugraj Singh’s daughter Paramjit Singh was not even a year old when her father was declared a martyr. However, she said, “After decades, our hopes came alive when a woman named Manjit Kaur from a neighbouring village informed us that she heard the name of Jugraj Singh of Jeeda village in the list of prisoners in Pakistan while listening to the news on the radio in 2004.”
As per Amar Ujala’s report, a postcard came from Karachi in 1975 that contained information about 20 Indians being alive in Pakistan. Notably, there were reports on Pakistani radio and in newspapers about Indian POWs being lodged in Pakistani jails.
In December 2006, a Tribune report noted that Dr RS Suri, father of Major Ashok Suri, who was declared “killed in action”, received a hand-written note dated December 7, 1974. It was sent by his son. On the slip, it was written, “I am okay here.” There was a cover note that read, “Sahib, valaikumsalam, I cannot meet you in person. Your son is alive, and he is in Pakistan. I could only bring his slip, which I am sending you. Now going back to Pak.” It was signed by one M Abdul Hamid, and the postmark was of December 31, 1974.
He received another letter in August 1975. The letter read, “Dear Daddy, Ashok touches thy feet to get your benediction. I am quite okay here. Please try to contact the Indian Army or the Government of India about us. We are 20 officers here. Don’t worry about me. Pay my regards to everybody at home, especially to mummy, and grandfather – the Indian government, can contact the Pakistan government for our freedom.” Upon investigation, it was found that the handwriting matched that of Major Ashok. The then-defence secretary then changed his status from “Killed In Action” to “Missing In Action”. Dr Suri, who was with the delegation that went to Pakistan in 1983, kept fighting for his son and hoped the Indian government would bring him back; however, he left this world in the hope of seeing his son again in 1999. His last words reportedly were, “Perhaps I will finally find peace in the grave.”
Major SPS Waraich and Major Kanwaljit Singh were captured by the Pakistani army after they made a full-scale surprise attack. 15 Punjab lost 53 men and two officers. As per reports, 35 personnel were taken as prisoners. Later, General Riaz at the Munich Olympics told DIG Punjab Police Ashwini Kumar that Waraich was in Dargai Jail.
On September 1, 2015, during the hearing of a case related to the missing 54, the Supreme Court of India asked the Government of India if they were still alive. Solicitor General Ranjit Kumar appearing for External Affairs and Defence Ministries, said, “We do not know”. He added, “We presume that they are dead as Pakistan has been denying their presence in their prisons.”
Mention of Missing 54 in Parliament and courts in chronological order
Since the 54 soldiers, officers and fighter pilots went missing in action, they have been mentioned multiple times during parliament debates and in courts. Multiple times the lawmakers raised questions about their whereabouts in the Parliament.
Lok Sabha question 3575 dated December 12, 1978
On December 15, 1978, in an unstarred question number 3575, Ahmed Patel and Amarsinh Rathawa asked the Ministry of External Affairs about the Indians detained in Pakistan and vice versa. Furthermore, they asked how many such detainees were released by Pakistan and India. They also asked about the steps being taken by the Governments of both nations to get the detainees released mutually.
In its reply, the then-Minister of State, Ministry of External Affairs, Samarendra Kundu, said that as per the information received by the Government of Pakistan and other sources, there were 300 Indian Nationals under detention in Pakistan as on December 31, 1977. Similarly, 430 Pakistanis were under preventive detention in India. It was further stated that 115 Indians and 460 Pakistanis were released in 1978 by Pakistan and India, respectively. Notably, there were still 250 Indians in Pakistani jails.
Kundu further added that the verification process based on the information received by the Pakistani government was expedited, and the Indian government had approached them to release those whose identity was already verified. Though the information provided in 1978 did not mention the mission of 54 armed forces personnel, it holds importance as in 1979, another question was raised in Lok Sabha that was specifically about the Prisoners Of War lodged in Pakistani jails. In its reply, the answer to 1978 question 3575 found a mention.
Lok Sabha question 6803 dated April 12, 1979
On April 12, 1979, in an unstarred question number 6803, then-Amarsinh Rathawa asked the Ministry of External Affairs for further information on question 3575 from 1978. He sought information about the names of the persons held in Pakistan and what charges they were detained. Further, he asked if the government was aware of the persons locked up, particularly in Multan Jail, for the last 5-6 years without any charges. He asked if the Ministry was looking into the matter and urged the minister to look into it personally to get the Indians back.
In the reply, then-Minister of State, Ministry of External Affairs Samarendra Kundu mentioned the answer he provided last time and said, as per the information, 250 Indians were still in Pakistani jails. He further stated that the government of India received information about some more persons. At that time, the Ministry was confirming the nationality of the persons whose information was provided by the Pakistani government. The precise information of some detainees was not available to the government as they came to know about them via relatives and family members. The Government of India passed the information to the Pakistani government and sought information about the same. The minister added that the Indian government was in constant touch with the Pakistani government to sort out the matter at the earliest. In the answer, the Minister mentioned the information on the missing persons was available in a library document numbered LT-4293/79. OpIndia is trying to access the document.
Rajya Sabha question 4285, dated May 15, 1997
On May 15, 1997, while replying to Rajnath Singh’s unstarred question 4285, then-Minister of Law State of the Ministry of Law and Justice Ramakant D Khalap informed the house that as per the information available with the Government of India, there were 54 defence personnel missing from the 1965 and 1971 was lodged in detention in Pakistan. However, Pakistan continued to deny having any POWs. The issue was raised to the Foreign Minister of Pakistan on April 9, 1997. Though he stood by the official statement of the Pakistani Government, the external minister of Pakistan offered to receive all available material on the subject, and it was to be forwarded to Pakistan.
Rajya Sabha question 4174, dated May 4, 2000
On May 4, 2000, while replying to Abani Roy’s unstarred question 4174, then-Minister of State for External Affairs Ajit Kumar Panja informed the house that as per the information available with the Indian Government, there were 54 Indian POWs in Pakistani jails, but Pakistan denied having POWs. He further added that the Indian Government raised the issue again during the Prime Minister’s visit to Pakistan on February 20-21, 1999, with the Prime Minister of Pakistan. India and Pakistan appointed a 2-member committee at the Ministerial level to examine the issue. The matter was again raised in the official level discussion on March 5-6, 199. Pakistan again stated that it did not have any Indian POWs in custody but agreed to re-examine the matter afresh.
Lok Sabha question 8016, dated May 17, 2000
On May 17, 2000, while replying to Naresh Kumar Puglia’s unstarred question 8016 in Lok Sabha, then-Minister of State, External Affairs, Ajit Kumar Panja said that during the 1971 war, 532 Indian soldiers were taken in custody by Pakistan who was lodged in Pakistani jails. All of these soldiers were repatriated to India. Subsequently, the Government of India was informed about 54 defence personnel, and the cases were taken up with the Government of Pakistan. However, Pakistan consistently maintained there were no Indian POWs in their custody.
Rajya Sabha question 2640, dated August 16, 2001
On August 16, 2001, while answering Rajeev Shukla’s unstarred question 2640, then-Minister of State for External Affairs Omar Abdullah informed that Pakistan had been consistently denying the presence of any POWs in its jails. However, the upper house was informed that Pakistan stated 72 detainees from India had completed their jail term, and the Indian government was verifying the national status of those detainees.
Rajya Sabha question 2649, dated August 16, 2001
On the same day, while answering Satish Pradhan’s unstarred question 2649, Omar Abdullah said that as per the available information, there had been 54 Indian POWs in Pakistan since 1971, but the Government of Pakistan has consistently denied their presence in its jails. The matter was raised during a Summit meeting with President Pervez Musharraf on July 15, 2001, at Agra, where the Prime Minister urged him to take urgent and purposeful action “for the earliest release and repatriation of these POWs to end the agony of the families of these soldiers.”
Rajya Sabha question 646, dated March 6, 2002
On March 6, 2002, while replying to S Agniraj’s starred question 646, then-Minister of External Affairs George Fernandes said there were believed to be 54 POWs in Pakistani Jails; however, Pakistan continued to deny the same. The matter was again raised during Agra Summit on July 15, 2001, and Pakistan allegedly conducted another search in its jails. However, Pakistan claimed it did not find any POWs.
Rajya Sabha question 1088, dated March 13, 2002
On March 13, 2002, while replying to AK Patel’s unstarred question 1088, then-Minister of Defense George Fernandes said, “During the 1971 war, 532 Indian soldiers were taken prisoners of war by Pakistan. All these soldiers have been repatriated to India. Subsequently, Government were informed about 54 missing Indian soldiers who are believed to be in Pakistani jails. The Government has consistently taken up the issue of their release and repatriation with the Government of Pakistan at all levels. During the Agra Summit on July 15, 2001, the Prime Minister also urged the Pakistani President to take urgent and purposeful action towards releasing these POWs.”
Rajya Sabha question 3246, dated April 24, 2002
On April 24, 2002, While replying to Nana Deshmukh’s unstarred question 3246, then-Minister of Defence George Fernandes said that the GoI was taking all possible steps to trace the POWs from the 1971 war in Pakistani jails, but the Government of Pakistan continued to deny having any POWs.
Rajya Sabha question 2119, dated November 11, 2002
On November 11, 2002, while replying to Rajeev Shukla’s question number 2119, then-Minister of Defence George Fernandes said that Prime Minister (Atal Bihari Vajpayee) raised the issue of POW with the Government of Pakistan at Agra Summit in September 2001. The Govt of Pakistan informed India that they had conducted an “Exhaustive search” and checked jail records to find if there were any POWs from 1971 in Pakistani jails. He further informed that Pakistan claimed they did not find any such persons or records. The Pakistani government also offered to receive a delegation of the families of POWs, which was being considered.
Rajya Sabha question 953, dated July 22, 2004
On July 22, 2004, while replying to RK Anand’s unstarred question 953, then-Minister of State for Ministry of External Affairs E Ahamed said as per the information with GoI, there were 54 POWs in Pakistani jails, but Pakistani continued to deny having any POWs. The matter was again raised during Foreign Secretary-level talks between India and Pakistan held in New Delhi on June 27-28, 2004.
Rajya Sabha question 157, dated March 8, 2007
On March 8, 2007, while replying to Harish Rawat’s starred question 157, then-Minister of External Affairs Pranab Mukherjee said that during a visit to Pakistan in January 2007, the External Affairs Minister reiterated India’s demand to allow kins of POWs to visit jails in Pakistan and the request was accepted by President Musharraf. The visit was scheduled for April 2007.
Rajya Sabha question 1065, dated March 8, 2007
On March 8, 2007, while replying to Vinay Katiyar’s unstarred question 1065, then-External Minister Pranab Mukherjee informed that there were 74 POWs in Pakistani jails as per information with GoI. A delegation of kin of POWs to Pakistan was proposed in April 2007 after Pakistan agreed to the same.
Rajya Sabha question 1067, dated March 8, 2007
On March 8, 2007, while replying to Dara Singh’s unstarred question 1067, then-Minister of External Affairs Pranab Mukherjee said that there were 74 POWs in Pakistani jails as per information from the GoI. The Government of Pakistan agreed to accept the visit of family members of POWs, and GoI proposed a visit delegation to Pakistan in April 2007. He further added, “During EAM’s visit to Pakistan, India and Pakistan agreed to establish a committee on prisoners comprising retired judges of the superior judiciary to visit jails in the two countries and propose steps to ensure humane treatment and expedite the release of prisoners who have completed their prison terms.”
Rajya Sabha question 3086, dated May 3, 2007
On May 3, 2007, while replying to NR Govindarajar’s unstarred question 3086, then-Minister of External Affairs Pranab Mukherjee informed that there was information of 74 Indian POWs in Pakistani jails since 1971-72, but Pakistan denied it. The GoI continued to raise the issue, and in January 2007, Pakistan agreed to accept a visit of families of POWs.
Rajya Sabha question 4634, dated May 5, 2007
On May 5, 2007, while replying to Datta Meghe’s unstarred question 4634, then-Minister of External Affairs Pranab Mukherjee said in January 2007, during the visit of the External Affairs Minister to Pakistan, the matter of POWs in Pakistani jails was taken up with the Pakistani Government. They had agreed to accept a visit of families of POWs to Pakistan. However, there was no information in this document whether they were talking about POWs from 1971.
Rajya Sabha question 3860, dated May 10, 2007
On May 10, 2007, while replying to Eknath K Thakur’s unstarred question 3860, then-Minister of External Affairs Pranab Mukherjee informed that there was information of 74 Indian POWs in Pakistani jails since 1971-72, but Pakistan denied it. The GoI continued to raise the issue, and in January 2007, Pakistan agreed to accept a visit of families of POWs.
Rajya Sabha question 166, dated August 23, 2007
On August 23, 2007, while replying to Jaya Bachchan’s starred question 166, then-Minister of External Affairs Pranab Mukherjee said that a group comprising members of the families of missing defence personnel visited ten jails in Pakistan from June 1 to June 14 in 2007. They did not come across any missing defence personnel. He added, “However, it was confirmed that one of the missing personnel had been killed in action and not taken Prisoner of War.”
Gujarat High Court judgment of 2011
The case was filed in the Gujarat High Court in 1999. It took over a decade for the court to reach a decision. Following the court’s direction in 2012 to implement the directions of the court within 15 days, the Government of India approached Supreme Court and got a stay on the direction to approach the International Court of Justice in the matter. There were several points mentioned in the Judgment by the petitioners. Here are some of the highlights related to the India-Pakistan war that continued from December 3, 1971, to December 16, 1971.
- From Kashmir Front, 2238 soldiers and military officials went missing. No dead bodies were recovered. No evidence that they were killed in action. It was alleged that the GoI made no serious efforts to trace these officers and soldiers. After a short period, they were presumed to be dead by the Ministry of Defence.
- On December 7, 1971, Sunday Pakistan Observer published a report claiming five Indian Pilots, including Vasant V Tambay, were captured alive.
- The Judgment noted the letters received by Dr RS Suri from his son Major Ashok Suri. Furthermore, Major Suri’s name was mentioned by the Punjab Dharbar Programme of Lahore Radio on June 6, 1972. In 1976, Dr Suri was informed by a contact that Major Suri was detained on December 2, a day before the war broke. He was being treated as an Indian spy. On January 15, 1988, Pakistan released an Indian prisoner named Mukhatyar Singh. He informed the Indian authorities to have seen Major Suri at Kot-Lakhpath jail.
- In 1968 Indian National Mohanlal Bhaskar of Firozepur was arrested by Pakistani Intelligence Officers. After spending years in 596, FIC
- Lahore Central Jail, Kot-Lakhpath, Lahore, Sahi Quilla, Lahore,
- FIC Raval-Pindi, Mianwali and Multan returned to India on December 9, 1974. He informed GoI about the presence of Indian POWs from 1965 and 1971. He also told the Government about the inhumane treatment of the POWs in Pakistani Jails. Bhaskar told the GoI that two Pakistani officers, Col Ashif Shafi and Major Ayaz Ahmad Sipra, were arrested for revolting against the Government of Pakistan and spent time with him in jail. They told him that there were 45 POWs in Shahi-Quill of Lahore, including Wing Commander GS Gill.
- Another Indian prisoner released by Pakistan on March 24, 1988, named Daljit Singh, informed the GoI that he saw Pilot VV Tambay in February 1978.
- Flight Lt Harvinder Singh’s name was announced as captured Indian defence personnel by Pakistani Radio on December 5, 1971.
- Major Nawaljit Singh Sandhu was seen by an Indian prisoner released from Pakistan. He alleged that Major Sandhu lost one arm, and he was sentenced to 14 years in prison. Another Indian, Iqbal Hussain, released by Pakistan, alleged he saw Major Sandhu in Kot Lakhpat jail.
- Flying Officer Sudhir Tyagi’s name was announced by Pakistani Radio as captured Indian defence personnel on December 5, 1971. An Indian prisoner released on March 24, 1988, by Pakistan named Ghulam Hussain alleged to have seen Tyagi at Shahi Quilla in 1973.
- Major AK Ghosh’s photograph was published on December 24, 1971, by Time magazine as an Indian prisoner behind bars in Pakistan.
- Captain Ravinder Kaura’s name was announced by Lahore Radio on December 6, 1971. His photograph was smuggled out of Pakistan jail and got published in an Ambala newspaper in 1972. An Indian prisoner released by Pakistan on July 5, 1988, named Mukhtiyar Singh, alleged to have seen Capt Kaura in Multan jail around 1981.
- Wing Commander HS GIll’s name was mentioned to Indian prisoner Mohanlal Bhaskar by Pakistani officers who were jailed with him.
- Flight Lt Sudhir K Goswami’s name was announced by Lahore Radio on December 5, 1971, as Indian defence personnel captured by Pakistan.
- Major SPS Warriach’s whereabouts were revealed by Indian prisoner Mohinder Singh who was released on March 24, 1988. he said Major Warriach was in Multan Jail in 1983, and he was again seen in Kot Lakhpat jail in February 1988.
- Capt Kalyan Singh Rathor was seen by Indian prisoner Natha Ram who Pakistan released on March 24, 1988. He saw Capt Rathore in 1983. Mukhtiyar Singh also alleged to have seen Rathore in Kot Lakhpat jail.
- Captain Giriraj Singh was seen by Mukhtiyar Singh at Kot Lakhpat jail and in Attock jail in 1973 by Mohanlal Bhaskar.
- Mukhtiyar Singh saw Captain Kamal Bakshi in Multan in 1983.
- Mukhtiyar Singh saw Flag Officer Krishnan Lakimaj Malkani in Multan jail in 1983.
- Mukhtiyar Singh saw Flight Lt Babul Guha in Kot Lakhpat jail.
- LNK Hazoora Singh was seen by Indian prisoner Preetam Singh in Gora jail in 1984.
- Mukhtiyar Singh saw Flight Lt Gurdev Singh Rai in Kot Lakhpat jail.
- Sep Madan Mohan was seen by Indian prisoner Sooram Singh who Pakistan released on March 24, 1988. He says Sep Mohan was in Multan jail around 1978-79.
- Flight Lt. TS Dandass was captured with another officer who was released, but Dandass never came back.
- The list of names provided in Lok Sabha in 1979 was also mentioned in the Judgment.
- The excerpt from the book Bhutto Execution and Trial by Victoria Schofield containing information about the Indian POWs was mentioned in the Judgment.
- There was one aspect of the Judgment that needed to be highlighted. When 93000 prisoners were released, the Indian POWs in Pakistan were also supposed to be released. However, only two trains with soldiers arrived in India. The third train that was supposed to be carrying officers never reached India. The court document read, “The Indian Government had returned all the 93000 prisoners of war to Pakistan in haste without verifying properly and correctly the list of Indian prisoners of war in Pakistan. Indian Army Intelligence was so much careless at that time that the family members of the victim army officers had more information than the Intelligence Department.”
- The wife of Flight LT Tambay, Damyanti Tambay, was informed by one Bangladeshi Naval officer T Yusuf that he was with Tambay in Lyallpur jail. An Indian prisoner Daljit Singh who was released on March 24, 1988, by Pakistan, is also alleged to have seen VV Tambay at Interrogation Centre, Lahore, in 1978.
- The court document further read, “it is apparent that the Indian prisoners of war are detained in the Jails of Pakistan due to the gross negligence and carelessness of the Government of India and its officers at the time of exchange of prisoners of war. The victim families have collected more evidence from the various sources which the Government was supposed to collect in the larger interest of the nation.”
- In its affidavits submitted in the court, the Government of India listed the meetings held with Pakistani counterparts where the issue was raised. The GoI said, “The Government of India has made serious, sustained and continuous efforts to ascertain the whereabouts of our missing defence personnel.” GoI further said that efforts were still on to assert the whereabouts of the missing 54 defence personnel. GoI also informed about the benefits extended to the NOKs of the defence personnel resumed killed in action.
Rajya Sabha question 1907, dated August 29, 2012
On August 29, 2012, while replying to Rajeev Chandrashekhar’s unstarred question 1907, then-Defence Minister AK Antony said that the Supreme Court of India stayed the directions of the Gujarat High Court to approach the International Court of Justice in the matter of POWs of 1971 on May 2, 2012. Furthermore, the Government of India took necessary steps to provide benefits to the next of kin of the missing defence personnel were taken as per the judgement.
Lok Sabha question 4463 dated December 19, 2014
On December 19, 2014, then-Defence Minister late Manohar Parrikar in a written reply to the unstarred question 4463 by Laxman Giluwa and Chandrakant Khaire in Lok Sabha provided the list of 54 missing defence personnel from the 1965 and 1971 wars that were believed to be in Pakistani jails. The names are:
- Major SPS Waraich
- Major Kanwaljit Singh
- Major Jaskiran Singh Malik
- Captain Kalyan Singh Rathod
- Captain Giriraj Singh
- 2/Lt Sudhir Mohan Sabharwal
- Captain Kamal Bakshi
- 2/Lt Paras Ram Sharma
- Major S.C. Gulari
- Major A.K. Ghosh
- Major A.K. Suri
- Sq. Ldr Mohinder Kumar Jain
- Flt Lt Sudhir Kumar Goswami
- Lt Cdr Ashok Roy
- Flt Lt Harvinder Singh
- Fg Officer Sudhir Tyagi
- Flt Lt Vijay Vasant Tambay
- Flt Lt Ilyoo Moses Sassoon
- Flt Lt Ram Metharam Advani
- Flt Lt Nagaswami Shanker
- Flt Lt Suresh Chander Sandal
- Flt Lt Kushalpal Singh Nanda
- Wg. Cdr Horsern Singh Gill
- Flt Lt Tanmaya Singh Dandass
- Captain Ravindra Kaura
- Sq Ldr Jal Miniksha Mistry
- Flt Lt Ramesh Gulabrao Kadam
- Flg Officer Krishan Lakima J Malkani
- Flt Lt Babul Guha
- L/Naik Hazoora Singh
- Sq Ldr Jatinder Das Kumar
- Flt Lt Gurdev Singh Rai
- Flt Lt Ashok Balwant Dhawale
- Flt Lt Shrikant Chandrakant Mahajan
- Flt Lt Kottiezath Puthiyavettil Murlidharan
- Captain Vashist Nath
- L/Nk Jagdish Raj
- Sep Madan Mohan
- Sep Pal Singh
- Sep Daler Singh
- Lt Vijay Kumar Azad
- Sujan Singh
- Gunner Shyam Singh
- Sep Gian Chand
- Sep Jagir Singh
- Subedar Kali Das
- Flt Lt Manohar Purohit
- Pilot Officer Tejinder Singh Sethi
- L/Naik Balbir Singh
- Sqn Ldr Devaprashad Chatterjee
- L/Hav Krishan Lal Sharma
- Sub Assa Singh
- Capt OP Dalal
- SBS Chauhan
Lok Sabha question 856, dated July 24, 2015
On July 24, 2015, while replying to unstarred question 856 by Charanjit Singh Rodhi and K Ashok Kumar, then-Defence Minister Manohar Parikar said there were 54 POWs believed to be in Pakistani jails. GoI raised the matter with the Pakistani government on several occasions. Between 1-14 June 2007, families of POWs visited 10 Pakistani jails but could not verify their presence. He added that the families of the missing 54 defence personnel were provided pension, rehabilitation and other benefits. As per Gujarat High Court’s directions via judgment on December 23, 2011, 38 out of 54 defence personal family members were provided benefits of retirement. In the case of 13 missing defence personnel, next of kin was not found, and related information and liabilities have been submitted to the Gujarat High Court. The Court was further informed about the lack of information on three defence personnel.
Lok Sabha question 2776, dated July 10, 2019
On July 10, 2019, while replying to Gopal Chinnaya Shetty’s unstarred question 2776 in Lok Sabha, then-Minister of State for the Ministry of External Affairs V Muraleedharan said that as per the available information, there were 83 missing Indian defence personnel, including POWs in Pakistan’s custody. While the Government of India consistently raised the matter with Pakistan via the diplomatic channel, the neighbouring nation did not acknowledge the presence of POWs in its custody.
Furthermore, the house was informed that in October 2017, India suggested to the High Commissioner of Pakistan to resolve humanitarian issues related to elderly, women and mentally unsound prisoners in each other’s custody and consider their early release and repatriation. It was proposed to revive the mechanism of the Joint Judicial Committee and that a team of Indian medical experts to allow to visit the mentally unsound prisoners with a view to facilitating their nationality verification and subsequent repatriation.
On March 7, 2018, Pakistan responded positively. After that, India shared details of the medical experts’ team and the re-constituted Joint Judicial Committee with Pakistan with the request to organise their visit. By that time, no response from Pakistan had been received. This particular discussion holds importance because there was a mention in Victoria Schofield’s book about Zulfikar Ali Bhutto that a lawyer was informed that there were mentally unsound prisoners in Pakistani jail who were apparently Indian POWs from the 1971 war. It was claimed that those prisoners were not able to recollect their place of origin, and India did not accept them.
Other documentation proof of the presence of POWs in Pakistani jails
In the book ‘Bhutto – Trial and Execution’, British historian Victoria Schofield wrote that a Pakistani lawyer had been told that Indian prisoners of war “from the 1971 conflict” were kept in Kot Lakhpat prison in Lahore. They could be heard screaming from behind a wall, according to an eyewitness account from within the prison.
The book noted that his cell was separated from a barrack area by a 10-foot-high wall. He was able to hear horrific shrieks and screams at night from the other side of the wall. One of his lawyers enquired about the prisoner(s) on the other side from the jail staff. He was informed that they were “in fact, Indian prisoners-of-war who had been rendered delinquent and mental during the course of the 1971 war.” It was claimed in the book that the prisoners were not able to recollect their place of origin, and the Government of India “did not accept them”. Bhutto wrote to the jail superintendent to move the prisoners away from his cell, and his request was accepted. The book noted, “Obviously, the authorities would not accept that Mr Bhutto’s sleep was being disturbed on purpose, but Bhutto did not forget the sleepless nights he spent and often referred to the lunatics in other letters of complaint. “Fifty odd lunatics were lodged in the ward next to mine. Their screams and shrieks in the dead of night are something I will not forget,” Bhutto wrote.”
POWs who did not find mention in ‘Missing 54’
There are some reports that some of the Prisoners Of War from 1971 who were not mentioned in the official list of missing 54. One such POW is Havildar Dharampal Singh from Bathinda. According to Justice Upheld, Singh was captured by the Pakistani security forces in 1971. According to a testimony of another Indian national imprisoned in Pakistan in/or around 1974, Satish Kumar, he met Singh in prison. Kumar was released and repatriated to India in 1986. Kumar provided a written affidavit with information about Singh.
Kumar, in his affidavit, said that Dharampal went missing while serving in 1971 in Dhaka. The army declared him a martyr. However, Kumar met Singh at Kot Lakhpat Rai Jail in Lahore, Pakistan. He resided with Singh during SSP interrogation in Shahi Kila, Lahore. They were lodged in the same prison from July 19, 1974, to 1976. After Kumar got transferred to another jail, he never met Dharampal. At that time, he was in Quila Atak, Frontier, Peshawar. Kumar said he was sure Singh was still in Pakistani Jail.
Singh’s wife, Pal Kaur, raised the matter in Punjab and Haryana High Court. In reply to the court, the Ministry of External Affairs filed an affidavit that the High Commission of India in Islamabad wrote to the Government of Pakistan twice to confirm the whereabouts of Havildar Dharam. However, the Pakistani Government did not reply. In the petition, Kaur’s counsel Hari Chand told the court that Kumar could provide more information about Singh.
Reportedly, an Indian spy named Surjit Singh, released by Pakistan in 2012, claimed to have met Dharampal Singh. In a statement to the Times of India, Singh’s son Arshinderpal said, “I know my father must be old and feeble, but it is important for all of us to know where he is. I am sure he is not dead.”