His wife Navneet kaur reveals that her husband is suffering from many ailing deceases. ====================================================================== An Open Letter to Home Minister of India regarding Prof Bhullar who faces death penalt Submitted by admin on Sat, 2005-12-10 05:17. News & Views Read by IHRO chairperson on the eve of World Human Rights Day at a Seminar 'Death Penalty: A Crime Against Humanity' organised by PRF at English Dept Auditorium, Punjab University, Chandigarh
09 December 2005
Mr Shivraj Patil Minister of Home Affairs NEW DELHI Re: Granting Amnesty to Prof Davinder Pal Singh Bhullar Who is facing Death Penalty Dear Mr Patil: To begin with, let me make it known that I am writing this letter on behalf of the Punjab Rights Forum (PRF), a league of like minded human rights, socio-economic and religio-political groups, including political parties, representing aspirations of the people of Punjab and Sikh Diaspora; for seeking amnesty to Prof Davinder Pal Singh Bhullar, who is facing Death Penalty and agonising in Tihar Jail. As you are aware, Mr Patil, that where the judicial process ends, President (Head of State)'s jurisdiction begins. In one's march to justice, President is the last resort in terms of the provisions of the Constitution of that country, as we also see in India and Pakistan. Generally, Heads of States are constitutionally empowered to mitigate the errors that sometimes creep into judicial pronouncements due to certain legalistic compulsions and political prejudices. In view of this, we in 'Prof Davinder Pal Singh Bhullar Defence Committee,' representing the Sikh Panth, took up the case of Prof Bhullar with President of India in March 2003. The professor is facing gallows and has become victim of the fractured judicial judgement of the Supreme Court of India. The apex court, more than even the lower courts, took a starkly legalistic view on the death sentence given to Prof Davinder Pal Singh Bhullar, in Delhi Bomb Blast Case, based on erroneous and fabricated confessional statement under TADA. Davinder Pal Singh has been convicted of conspiracy based solely on a confession extracted under torture and repudiated by him. However, his alleged co-conspirator, Daya Singh Lahoria, was found not guilty. In criminal law, a conspiracy by definition requires at least two people. A conspiracy of one- as is the case here where Davinder Pal Singh's co-conspirator was found not guilty- is a legal fiction. Moreover, the confessional statement was signed by a thumbprint. For a man who is highly educated, the sign of a thumbprint implies duress. Furthermore, none of the 133 witnesses produced by the prosecution identified Professor Bhullar, while the case was in lower court. Amnesty International, in its report, while recommending the Government of India to consider certain corrective measures, too, had urged the Government to "take immediate steps to abolish the death penalty totally, in furtherance of UN objective of ultimate abolition of capital punishment." Pending total abolition, AI had further asked the Indian Government to "ensure that the outstanding death sentences should be commuted, including that of Prof Davinder Pal Singh Bhullar." In addition, on April 28, 1999, the UN Commission on Human Rights (UNHRC) overwhelmingly voted for a resolution that had called for a global moratorium on the death penalty. India is a signatory to both the UDHR and the ICCPR. Besides, the Constitution of India has enshrined the Right to Life as a Fundamental Right (Article 21). And importantly, the Evidence Act does not consider confessions made before the police officer as valid as has been in the case of Prof Bhullar.
We too appreciate the stand taken by the President and the Chief Justice of India against death penalty, as the policy of ' for tat' or 'bullet for bullet' is counter productive and a total negation of human rights and rule of law. You know the Preamble to the UN Declaration of Human Rights, 1948, too says, 'Whereas it is essential, if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by rule of law.' That we all know that death penalty is used by some States to silence political resistance or to eliminate their opponents. And for this purpose, laws such as TADA are used where fair trial is not at all possible. If justice is secured only by an act of killing, how legitimate is the law (now repealed) that sanctions that sort of justice. We believe that God alone can take away life because He alone gives it. Why then, we arrogate to ourselves to finish it off, even though firmly believing that Ultimate Justice lies with God. And to supplement this spirit, Article 51A of the Indian Constitution urges compassion and humanism as fundamental duties. The Constitutional power under Article 72 of granting amnesty is an executive act and not a judicial one. The reason why the Executive is given such power, says Mr Taft, Chief Justice, in American case (Ex parte Grossman, 27 US 87: 69 Law Edition 527), "(It) affords relief from undue harshness or evident mistake in the operation or enforcement of the criminal law." Thus, you, sir, being Home Minister of India, should kindly correct, in the national interest, the blunder committed by the Judiciary in the enforcement of criminal law, (such as TADA) and recommend this case to the President of India for amnesty for Prof Bhullar. We had earnest�ly hoped that President would uphold the dignity, independence and prerogative of his office and give a judicious and compassionate consideration to our representation, which was filed on behalf of the entire Sikh Panth, including Sikhs living abroad and that he would not allow his steps to falter in exercising compassionately and humanely the sacred and super power given to him by the Indian Constitution to grant amnesty to Prof Davinder Pal Singh Bhullar. And that too when the entire Sikh community has been watching the Government of India's tactics of sending persons like Satwant Singh and Kehar Singh to the gallows and giving ministe�rial berths and offices to conspirators and murderers of thousands of Sikhs. Do you know, Mr Patil that SSP Sumed Singh Saini and his associates allegedly picked up Prof Bhullar's father Balwant Singh and his mother's brother-in-law Manjit Singh and clandestinely liquidated them while three others picked up along with his father were subjected to brutal torture? Out of them, Joginder Singh had become insane, Mohinder Singh's hips fractured (now cannot properly walk) and Mukhtiar Singh' legs broken. Indian justice system made mockery of their agony. Thus, justice to them (including thousands of others) remained elusive since then, while their perpetrators such as Sumed Saini and KPS Gill are being magnified day in, day out by the State. That not only the State had awarded Gold Medals to the killers in uniform of Sikh activists and but also reprieved their sentences. Therefore, sir, we must realise that India owes justice to them, including Prof Bhullar. Pascal has rightly stated, "Power without justice is soon questioned." Sikhs and other minorities have been subjected to repression and injustices of many kinds. Your government's wiser and enlightened timely step of amnesty to Prof Bhullar may not only give them a healing touch but may even persuade the governments to change their policies of re�pression and keeping innocent people indefinitely in prison for a long time or killing mere suspects in faked encounters. Yes, Justice M. B. Shah tried to deliver justice by acquitting Professor Bhullar, stating that the conspiracy theory falls flat as the "rest of the accused who are named in the confessional statement are not convicted or tried," but all in vain, 'cause majority judgement prevailed. Two other judged united against the presiding minority judge, Mr Justice Shah. In view of these facts, we petitioned to the President, APJ Abdul Kalam, to take a politically and constitutionally correct decision of not only commuting the death sentence but also of freeing Prof Bhullar and earn the warm gratitude of the crores of the Sikhs. His Excellency has wisely referred back to the Central Cabinet Prof Bhullar's case, along with some other cases, for reconsideration, expressing his desire against death penalty in such cases. Now the ball is in your court, sir; hit it to keep up with the Sikhs, a brave and worldwide community with fervour because eighteen million Sikhs in India and abroad and millions of emi�nent persons in other civilised communities and countries firmly believe that Prof Bhullar is a victim of fractured judicial judgement of the Supreme Court of India due to political prejudices. Moreover, the Indian leaders, including Mrs. Indira Gandhi, have time and again raised their voice against death sentence given to similar political offenders in other countries and have done their utmost to save them from the gallows. Many examples can be given from the time of appeal to Fascist leader Franco of Spain not to execute the Basque nationalists and Marxists to the example of Mrs. Indira Gandhi's appeal to save Prime Minister Bhutto of Pakistan from the gallows. In our own country, CPI (ML) guerrilla leader Naghbushan Patnaik who refused to defend him or appeal for mercy was saved from the gallows because his act of murder was a political offence. It is a well-known fact in history that even the Russian Czar saved the eminent novelist Dostoevsky by issuing a reprieve a few minutes before he was to go to the gallows. We hope you will take a similar humane and compassionate view of the issue in question and act on the principles that our government has been preaching to other nations and Countries, including Pakistan as in the recent case of Sarbjit Singh alias Manjit Singh. It is in view of these facts we respectfully appeal to you to take a politically correct decision, have compassionate attitude towards Prof Bhullar and not only to commute his death sentence but also set him free forthwith. Thanking you, Truly yours D S Gill Advocate Punjab Rights Forum =========================================================== Parliamentary questions |
Subject: Professor Davinderpal Singh Bhullar
May 29, 2011 at 10:42 AM
LONG LIVE REVOLUTION DOWN WITH INDIAN BRAHMAN ANARCHY
May 29, 2011 at 10:44 AM
just pray for bhullar veer ji