Prof Davinderpal Singh Bhullar

[AK-47]

Does anybody know what is happening with Professor Davinderpal Singh Bhullar?

The last I believe we heard was that he was due to be hanged and then nothing since .. ?

Is this still the case, if so do we know when? If not are we still trying to get the announcement overturned as i remember we all tried to stop it initially but then everything seemed to fade away?~

Does anybody have any details?

Also can i reccomend that in one of the gursikhi pages that we have a sticky with the letters of the all the singhs facing the death punishment. i.e satwant singh, sukha jinda and balwant singh. A few people have been asking for the letters of all these gursikhs, and would be good to have them all one one page.

[khalsa88]

hmm i think he wont be hanged because he was deparured from germany

to india and the germans knew that he would be killed so i think it will take a

bit ....

[xHarinder_singh]

IHRO is closely involved in this case. I will get u the most recent update soon.

[xHarinder_singh]

****

[xHarinder_singh]

Indian government shud not only set free Bhai Davinder Pal Singh Bhullar but shud also give him justice.

"India owes justice to Prof Bhullar. Because SSP Sumed Singh Saini and his police associates 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 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."

The above was written in a letter to Shiv Raj Patil, Indian(congress) Minister for Home Affairs.

[lsingh]

SC stays CBI probe against Sumedh Saini

Ajay Banerjee

Tribune News Service

New Delhi, July 11

In a significant development for Punjab, the Supreme Court today stayed the investigation by the CBI against Sumedh Singh Saini, an inspector-general rank officer of the Punjab cadre. Saini is presently posted as director of the Vigilance Bureau. The Punjab and Haryana High Court, last week, had ordered the registration of a case against him.

An FIR was registered by the CBI for the alleged involvement of Saini and other police officials in the fake encounter of Balwant Singh Multani in December 1991, during the peak of terrorism in Punjab. A Bench comprising Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal also issued notices to the Punjab government and the CBI, among others. As per records of the police, Multani escaped from the police custody.

The FIR had been registered on the directions of the Punjab and Haryana High Court, which asked the CBI to complete investigations in the matter within four months.

Saini’s case assumed political significance after the CBI registered a case. The Congress party wanted the ruling SAD-BJP combine in Punjab to remove Saini from his present posting as it was a “sensitive” posting. As director of the Vigilance Bureau, Saini is probing various cases registered against former Chief Minister Amarinder Singh and his family, besides a few other Congressmen.

Punjab government’s counsel Harish Salve pleaded that hardcore and experienced criminals, who have a well organised international support base, are likely to misuse such orders (of the High Court) to attempt victimisation of the police officers, which is a matter of concern.

The state also placed on record that it had in its possession material that would suggest that there is a reasonable apprehension that a senior officer (Saini) was being targeted due to the sensitive nature of investigation conducted by him. This also contained material that will show other reasons why this Bench should not have taken up this matter. The material was placed in sealed cover.

Salve pleaded in the SC today that the FIR has not been registered by the CBI on the basis of its independent evaluation, but in deference to the directions of the Court. The CBI had registered a case under Sections 120-b, 364, 343, 330, 167 and 193, IPC, on the order passed by the High Court without hearing the State of Punjab, who was a necessary party in the case.

The Punjab police has already in the High Court said, B.S. Multani, son of a retired IAS officer, Darshan Singh Multani, had escaped from the police custody from Qadian police station on December 19, 1991.

Following an enquiry, Multani, an accomplice of Devinder Pal Singh Bhullar, who is facing a death penalty, was declared a proclaimed offender by the court. Bhullar was sentenced to death for a terrorist attack on Maninderjit Singh Bitta, in which several people were killed.

Other police officials against whom the CBI had registered an FIR were the then DSP Baldev Singh Saini, Harshai Sharma and Jagir Singh, the then sub-inspectors posted at the police station central, Chandigarh.

In his petition today, it was claimed that the Punjab and Haryana High Court cast aspersions on the entire Punjab police force, as the High Court had in its order observed that the State of Punjab would not conduct free and fair investigation in the case.

[xHarinder_singh]

a bit of correction in the update.

During the rule of BJP, lots of pressure was put on the Home ministry and law ministry to grant amnesty to Bhai Davinderpal Singh Bhullar Ji. Even Badal played some good role(what a surprise that is). Finally Arun Jaitley was also very supporitve of granting amnesty but told that if they grant amnesty to him, they will be forced to grant amnesty to people who attacked Indian Parliament. As a result, this case remained pending.

As soon as the Congress Government came, the PUPPET PM Manmohan rejected the mercipitation and ordered phaansi. But Abdul Kalam played a very good role and told the government to reconsider their decision. Since then lots of pressure has been put on the government and at present, the phaansi remains suspended.

It is highly hopeful that his death penality will change into life sentence(which he has almost completed) and he will be released.

[xHarinder_singh]

source : https://www.ihro.in/?q=node/9

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 '<banned word filter activated> 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

[lsingh]

It seems Bhai Sahib is quite ill.

http://www.indianexpress.com/news/former-militant-davinderpal-bhullar-in-mental-asylum/744315/2

[Kharkooartsy]

http://yespunjab.wordpress.com/2011/02/01/devinder-pal-singh-bhullar-shifted-to-mental-asylum/