Death Sentence For Prof. Davinderpal Singh Bhullar Upheld

[Mehtab Singh]

http://www.hindustantimes.com/President-s-no-to-mercy-is-relief-to-bereaved-families-Bitta/Article1-702434.aspx

[Singh, Mahan]

Source: http://www.sikhsiyasat.net/2011/05/26/president-of-india-cleared-execution-of-two-including-prof-devinderpal-singh-bhullar/

President of India cleared execution of Prof. Devinderpal Singh Bhullar

New Delhi (May 26, 2011): Whereas there is a global wave against death penality, India has decided to go ahead with it. After seven years, the clearance has been given for execution of two convicts that could start the process of clearing the long list of death row convicts.

Mrs. Pratibha Patil, President of India, has rejected the revew petitions filed under Article 72 (Indian Consitution) on behalf of Devinder Pal Singh Bhullar of Punjab and Mahendra Nath Das of Assam following the recommendations from the Union Home Ministry, sources in the Ministry said.

The Rashtrapati Bhavan declined to comment, says economics times media report. Bhullar was sentenced to death by a trial court in 2001, for plotting a bed on Maninderjeet Singh Bitta, former youth leader of the ruling Congress party. Though Bitta had escaped the bid but 9 others had died.

A couple of days ago, Delhi Sikh Gurudwara Management Committee through advocate K. T. S. Tulsi had urged in the Supreme Court that either his petition should be decided expeditiously or alternatively his death sentence be commuted.

The President has also rejected the mercy petition of Das who has been found guilty of murdering one Hara Kanta Das.

This is for the first time since 2004, when the go ahead has been given for the execution of Dhanjay Chatterjee, that the President has given the nod for any execution.

The decision is expected to spark strong criticism from Sikh circles as Prof. Bhullar’s case has many other related aspects also. Bhullar’s Father, uncle and Friend were killed by Punjab Police during their enforced disappearances. Punjab’s current Vigilance Cheif, Sumedh Saini, is considered to be accused for these murders but he, along with other accused has not faced any trial till date. Moreover Bhullar’s conviction also lacks strong basis. He was convicted solely on the basis of alleged confession made during police custody. Justice M. B. Shah, who was heading three judges bench of the apex court, had accquitted Prof. Bhullar. Justice Shah had rejected the confessional statement labelling it as bundle of lies and tailor made confession. But, other two judges while placing their full reliance on that statement, awarded death punishment to Prof. Bhullar.

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[S1ngh]

Message from Sikh Council UK:

UK: The Professor was a known political dissident and had claimed that his life was at risk in India because of his political activism. His family was persecuted as evidenced by the 'disappearance' of his father, uncle and best friend.

Following an unsuccessful asylum application in Germany in January 1995, he was deported back to India on the basis of he had nothing to fear, he was handed over to Indian police officials on German soil before his deportation. He was arrested upon arrival and he has now been in prison for over 16 years with the last eight years in solitary confinement with the daily threat of the gallows. The Professor's mental health has deteriorated and it has become life threatening.

The German immigration authorities returned him to India however:

• In his absence the German courts (Verwaltungsgericht Frankfurt, Case 8E50399\94.A(1)) ruled that he should not have been returned as his life would be in danger in India - overruling the prior decision.
• By deporting someone to a death-penalty prone country Germany violated the European Convention on Human Rights and remains morally obliged to do all it can to seek the Professor's immediate release.
• Professor Bhullar continues to suffer and may soon lose his fight for life due to the brutal and unjust regime in India. On 26 May 2011 after more than 7 years the Indian President rejected his plea for clemency and gave the go ahead for him to be hanged.
• While in India Professor Bhullar was put on trial in a conspiracy case and on 17 December 2002 his sentence to death was confirmed by the Supreme Court although based on erroneous information, it is important to note the following facts:
• Amnesty International reported that Professor Bhullar's case was highly contentious, it was the first in India's Supreme Court's history, someone was sentenced to death on the basis of a split judgment
• For the first time in India's Supreme Court's history, someone was sentenced to death on the basis of a split judgment. The presiding judge, Justice Shah acquitted the accused whereas the other two judges, Justice Aggarwal and Justice Passayat upheld the death sentence.
• Justice Shah acquitted 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."
• The confession statement, allegedly extracted under torture, was signed by a thumbprint. For a man who is highly educated, the sign of a thumbprint implies duress. A confession made before a police officer under normal criminal law is not admissible as evidence.
• Furthermore, none of the 133 witnesses produced by the prosecution, while the case was in the lower court, identified Professor Bhullar.

While Justice Shah concentrated on the facts of the case, Justice Passayat chose to decide the case with political rhetoric and find Professor Bhullar guilty based on contradicting arguments and judgments, saying that neither proof beyond reasonable doubt nor procedure was important.

Professor Bhullar has been on death row in Tihar Central Prison, New Delhi for over eight years and following the recent announcement by the Indian President knows he can be taken any day to the gallows.

In 2002 and 2003 considerable international pressure was applied by politicians from the UK, Germany, Canada and elsewhere on the Indian authorities to prevent his execution. Assurances were given by leading Indian politicians that the death sentence would not be carried out, but the Indian President's announcement of 26 May 2011 casts major doubt about these assurances.

Each day for the last eight years the Professor has been held in solitary confinement spending 22 hours in a 9x7 cell and he now wakes up thinking this will be his last day. This has been a torture worse than death and it is no surprise that media reports in the last few months have emerged that he has been moved to a mental hospital.

Source: Sikh Council, UK

Standard letter for UK Sangat re Prof Bhullar.doc

[S1ngh]

Professor Devender Pal Singh Bhullar, who is currently (as on 16/Nov./2009) confined in Tihar Jail, Delhi (Ind.) and is awaiting execution of death sentence pronounced by the Indian courts and confirmed by Supreme Court of India in Devender Pal Singh Versus State National Capital of Delhi and others. case in a "split decision". Once to be a lecturer at Guru Nanak Engineering College (GNE) Ludhiana, Bhullar had to leave his house when Sumedh Saini, then SSP of Punjab Police abducted and killed his father, uncle and engineer friend in 1991.

Bhullar left India and was passing through Germany when he was stopped by German authorities at Frankfurt airport and was found travelling without proper papers. He was deported to India and here he was tired for his alleged involvement in a Bomb Blast leaving 9 persons dead. Police said that the target of this 1993 blast was then congress's youth leader Maninder Jeet Singh Bitta, who was injured during this blast.

It is important to note that all 133 witnesses called by prosecution failed to support police story and to confirm any involvement of Prof. Devinder Pal Singh Bhullar in 1993 Delhi blast.

Bhullar is convicted and sentenced to death solely on the bases of extra-judicial confession. This confession was taken while Bhullar was in Police custody. In the court during trial Bhullar accused the police for compelling him to sign blank papers while he was in their custody and denied that he had ever made any such confession.

Justice M. B. Shah, who was heading three judges constitutional bench at the SC labeled the confession as "teller made confession" and rejected it.

Justice MB Shah acquitted Bhullar while two other judges confirmed the death sentence.

[Southall Youth]

Hukamnama should be given from Akal Takht to all Sikhs to act to stop the death sentence Panjab should be shut down - Panjab Bandh

[SarabjeetS]

Is he being punished for his involvement in 1984 and pre 1984 ?

Anyways , I feel really sorry for that man ! A large part of his life went beyond the bars !

[mundasingh123]

Hukamnama should be given from Akal Takht to all Sikhs to act to stop the death sentence Panjab should be shut down - Panjab Bandh

As if Sikhs Have Power thereenuf to sway Central Decisions

[lsingh]

http://www.sikhsiyasat.net/2011/05/29/dsgmc-chief-ps-sarna-appeal-to-sonia-for-clemency-to-prof-bhullar/

[lsingh]

Source: http://www.sikhsiyasat.net/2011/05/26/president-of-india-cleared-execution-of-two-including-prof-devinderpal-singh-bhullar/

President of India cleared execution of Prof. Devinderpal Singh Bhullar

New Delhi (May 26, 2011): Whereas there is a global wave against death penality, India has decided to go ahead with it. After seven years, the clearance has been given for execution of two convicts that could start the process of clearing the long list of death row convicts.

Mrs. Pratibha Patil, President of India, has rejected the revew petitions filed under Article 72 (Indian Consitution) on behalf of Devinder Pal Singh Bhullar of Punjab and Mahendra Nath Das of Assam following the recommendations from the Union Home Ministry, sources in the Ministry said.

The Rashtrapati Bhavan declined to comment, says economics times media report. Bhullar was sentenced to death by a trial court in 2001, for plotting a bed on Maninderjeet Singh Bitta, former youth leader of the ruling Congress party. Though Bitta had escaped the bid but 9 others had died.

A couple of days ago, Delhi Sikh Gurudwara Management Committee through advocate K. T. S. Tulsi had urged in the Supreme Court that either his petition should be decided expeditiously or alternatively his death sentence be commuted.

The President has also rejected the mercy petition of Das who has been found guilty of murdering one Hara Kanta Das.

This is for the first time since 2004, when the go ahead has been given for the execution of Dhanjay Chatterjee, that the President has given the nod for any execution.

The decision is expected to spark strong criticism from Sikh circles as Prof. Bhullar’s case has many other related aspects also. Bhullar’s Father, uncle and Friend were killed by Punjab Police during their enforced disappearances. Punjab’s current Vigilance Cheif, Sumedh Saini, is considered to be accused for these murders but he, along with other accused has not faced any trial till date. Moreover Bhullar’s conviction also lacks strong basis. He was convicted solely on the basis of alleged confession made during police custody. Justice M. B. Shah, who was heading three judges bench of the apex court, had accquitted Prof. Bhullar. Justice Shah had rejected the confessional statement labelling it as bundle of lies and tailor made confession. But, other two judges while placing their full reliance on that statement, awarded death punishment to Prof. Bhullar.

.

The decision is expected to spark strong criticism from Sikh circles as Prof. Bhullar’s case has many other related aspects also. Bhullar’s Father, uncle and Friend were killed by Punjab Police during their enforced disappearances. Punjab’s current Vigilance Cheif, Sumedh Saini, is considered to be accused for these murders but he, along with other accused has not faced any trial till date.

Sumedh Saini has been promoted by the current Badal Administration

[lsingh]

Amnesty International condem the death sentence

http://www.thehindu.com/news/national/article2055165.ece