Sikh Siyasat News (in English) » Death Penality

Dal Khalsa slams BJP for adopting ‘selective approach’ on capital punishment

Prabh Singh — Mon, 26 Sep 2011 15:33:16 +0000

Jalandhar (September 26, 2011): In a hard hitting statement, the Dal Khalsa has asked the BJP leadership to explain on what moral grounds they had been advocating the case of Indian spy Sarbjit Singh, who is on death row seeking his clemency from the Pakistani government.

The organization was reacting to the statement of BJP leader Shanta Kumar in which he said their party would oppose the resolution in case it is tabled in the Punjab assembly favouring commutation of Prof Devinder Pal Singh Bhullar’s death sentence into life.

Dal Khalsa spokesperson Kanwar Pal Singh questioned the stated position of Hindutva party on capital punishment. He lambasted the BJP leadership for pushing the Indian government to hang Bhullar, Afzal Guru and others. Accusing the BJP leaders for having double tongue and twin face, he said BJP should practice what it preaches to others (referring to their advocacy for Sarbjit’s clemency). “One can’t be selective on such sensitive matters, said he and termed it as BJP’s hypocritical approach towards minorities”.

Notably, Prof Bhullar was handed over death sentence in a bomb blast case in which a dozen people lost their lives. Similarly, Pakistan trail court sentenced Sarbjit to death in bomb blasts case where dozens of people were killed.

Reiterating their party’s opposition to death penalty in principle, Kanwar Pal Singh said after Tamil Nadu tomorrow J&K assembly would be discussing on resolution favouring commutation of death sentence of Afzal Guru.

He urged the Punjab Chief Minister Parkash Singh Badal to go ahead and table the resolution in the assembly on Oct 3 notwithstanding BJP’s opposition as Congress head in the state Captain Amrinder Singh has already given his mind that “he was against death penalty per se”.

Justifying the need for the resolution, he said Prof. Singh, was sentenced on the basis of a confession extracted under police duress. Moreover, his death sentence has been confirmed by the Supreme Court through a 2-1 split judgement. Hanging a person on the basis of a split judgement, wherein, the presiding judge has held the person totally innocent, is unprecedented in the annals of criminal jurisprudence, not only in India, but, across the world.

Favouring the commutation of death sentence to one and all on “humanitarian grounds”, he asked the governments of India and Pakistan to call for a moratorium on capital punishment.

President of India cleared execution of two; including Prof. Devinderpal Singh Bhullar

Parmjit Singh — Thu, 26 May 2011 15:59:03 +0000

Prof. Devinder Pal 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.

Dal Khalsa lambasted Punjab Government on Death Penalty issue

Prabh Singh — Thu, 17 Jun 2010 12:19:30 +0000

Amritsar (June 17, 2010): In a statement sent to SikhSiyasat Network the Dal Khalsa expressed its resentment against Punjab government for not recommending to the Centre to abolish capital punishment from the law book when the Home Ministry asked for suggestion from states that ‘whether a humane mode of execution of death sentence such as lethal injection should be adopted in place of existing system of hanging’.

The organization in its one page letter faxed to Punjab chief minister stated “while we appreciate the stand taken by the government of Tamil Nadu in saying that capital punishment should be completely done away, we condemn and regret that Punjab missed the oppurtunity to take a principled stand. This, according to Dal Khalsa letter was because state’s chief minister lacks political will-power to express independent thought and belief.

In a statement party’s secretary for political affairs Kanwar Pal Singh said the people of the Punjab expected from its government that like Tamil Nadu it should have also asked for a complete ban on capital punishment rather than “flowing with the tide” favouring replacement of hanging by legal injection.

In principle, we reiterate our opposition to death penalty and favour commutation of death sentence to life imprisonment to one and all on humanitarian grounds, he pointed out.

Describing the chief minister as ineffective and indecisive, he said Badal Sahib takes credit for providing governance on the pattern of Maharaja Ranjit Singh rule, however in the 40-year rule of Maharaja Ranjit Singh, not a single person was sentenced to death, including the person who had made an attempt to kill the ruler.

Meanwhile, urging the Parliament to do away with the capital punishment from the Indian law book, he said according to Amnesty International report “no executions for five straight years shows that Indian state has embarked on the path of a capital punishment moratorium, but more than 50 death sentences passed by Indian courts in recent times, signal the need for a focused debate on the issue”.

He said the country’s establishment was stuck between joining the abolition trend and clinging to the misapprehension that the death penalty was an effective measure against crime.

As many as 111 countries have completely abolished capital punishment in law or practice and it’s time for Punjab government to send afresh recommendation urging the Centre to join the ranks of these countries’, concluded the letter.

In principle, we reiterate our opposition to death penalty and favour commutation of death sentence to life imprisonment to one and all on humanitarian grounds, he pointed out.

He said the country’s establishment was stuck between joining the abolition trend and clinging to the misapprehension that the death penalty was an effective measure against crime.

Campaign for Prof. Bhullar at PU Chandigarh on 4 March

Gurtej Singh — Tue, 02 Mar 2010 10:37:15 +0000

Prof. Devinder Pal Singh Bhullar

Chandigarh (March 2, 2010): To promote the cause of seeking clemency for the victims of Death Penalty the Sikh Students Federation shall conduct a signature campaign at Punjab University Chandigarh on 4^th of March, 2010. In a press statement issued by Jagdeep Singh, Joint Secretary of the organization, it is said that 139 countries around the globe have either abolished the death penalty in law or in practice. Recently Keniya has stayed the execution of about 3000 prisoners, who were awarded death penalty. India has not executed any prisoner for death penalty after 2004 and before that the last execution took place in1997. The track record shows that India is fast moving towards a state which is not in favor of death penalty. “However till India decides to do away with the death penalty, it’s essential to draw attention to the prisoners who are facing death penalty in this country which are totaling in number in relation to whom mercy petitions are pending before the President Of India.” said SSF President, Parmjeet Singh Gazi.

He further informed that this campaign is started by Lawyers for Human Rights International, an organization promoting the cause of Human Rights, and SSF is conducting the campaign in various educational institutions, and Mata Upkar Kaur, mother of Prof. Devinderpal Singh Bhullar shall attend Thusday’s Campaign at PU, Chandigarh.

Currently SSF is perusing the cases of three persons who are behind the bars since a long time and are awaiting execution; these include Prof. Devinderpal Singh Bhullar (Tihar Jail Delhi), Dharampal (Ambala Jail, Haryana) and Piara Singh (Amritsar Jail, Punjab). “Death punishment is awarded to Bhullar, who has served about 15 years in prison, by ignoring many legal and evidentiary facts, therefore inherent flaws of the judgment forms basis for demanding clemency for Bhullar.” said PS Gazi. Similarly, prolonged detention, inhuman conditions of life in prison and health factor forms basis for demanding clemency for Piara Singh and Dharampal, he added.

Signature Campaign for Prof. Bullar: about 1000 signed at Melbourne in one Day.

Tejashdeep Singh — Mon, 30 Nov 2009 07:12:53 +0000

Signature Campaign for Prof. Bullar: about 1000 signed at Melbourne in one Day.

Melbourne (November 30, 2009): According to a press release sent by Sikh Federation of Australia on 29th November, 2009 it is learnt that SFA has conducted a signature campaign to seek clemency for Prof. Devinderpal Singh Bhullar, a victims of death penalty. Bhullar is confined in Tihar Jail Delhi since last fourteen years and his petition before the President of India under Article 72 of the Constitution is under consideration for last seven years. ‘This petition is drafted by Advocate Navkiran Singh, General Secretary of Lawyers for Human Rights International.’ Informed by SFA president S. Jaspreet Singh.

The certain prima facie defects in the judgment confirming his death sentence itself form bases for seeking clemency for Prof. Bhullar are. ‘Mr. Justice M. B. Shah, heading the three judges bench in the Supreme Court of India has acquitted Devinder Pal Singh, while other two judges has confirmed the death sentence.’ says the petition while building up a logic that death sentence should not be granted in case of a split decision. It is notable that Bhullar was convicted on the bases of an alleged confessional statement that was given while he was in police custody and was not produced before magistrate for verification as was required under TADA. Moreover, Justice Shah had labeled it a ‘teller made confection’ and he altogether rejected it. 133 prosecution witnesses failed to corroborate with the alleged confession and even to identify Bhullar. There are other such logics too in the petition.

‘This signature campaign is being conducted world over and a petition for signatures is also available online at Gopetition.com. WE are getting good response from students and SFA shall conduct this campaign in other Guruduaras in Melbourne after Guruduara Shri Guru Singh Sabha Creighiburn and all signatures shall be sent to the office of President of India.’ Informed Harkirat Singh Ajnoha, Secretary of SFA.

Students of Fatehgarh Sahib for clemency to Prof. Devinder Pal Singh Bhullar and five others

Baljeet Singh — Thu, 26 Nov 2009 13:19:58 +0000

Signature Campaign at BBSBEC, Fatehgarh Sahib

Fatehgarh Sahib (November 27, 2009): Students of Baba Banda Singh Bahadur Engineering College today singed in large numbers on petitions seeking clemency for six victims of death penalty who represent the extreme cases and are currently confined in various jails while awaiting execution of the sentence awarded to them years ago. This campaign is conducted by BBSBEC Unit of Sikh Students Federation and was supervised by S. Makhan Singh Gandhuan, vice-President of SSF. “We have two petititions regarding which campaign is being conducted in various education insitutions. One petition seeks clemency for Prof. Devenderpal Singh Bhullar whose death punishment was confirmed by the Supreme Court in a ‘split-decision’ in 2002 and his petition under Article 72 of the Consitution is pending for review with the President of India since March 2003.” informed Makhan Singh, while talking to media persons. It is learnt that Bhullar is confined in Tihar Jail, New Delhi since his arrest in 1995 and prolonged confinement as well as delayed execution in itself is a ground for converting death sentence to imprisonment for life. Besides this SSF claims that there were certain prima facie defects in the decision of the court upon which current petition seeking transformation of sentence is based. ‘The only evidence against Devenderpal Singh Bhullar was an extra-judicial confession, which was altogether rejected by Justice M.B. Shah, who was heading three judges constitutional bench in the Supreme Court.’ says the Petition. It is worth notable that Justice Shah had acquitted Prof. Bhullar while two other Judges had confirmed the death sentence.

Second joint petition is for Dharampal, Piara Singh, Satnam Singh, Sarabjit Singh and Gurdev Singh. Dharampal is confined in Ambala Jial while others are confined in Amritsar Jails. These are five extreme cases where convicted persons have already undergone term of supposed life imprisonment and their mercy petitions are awaiting review of the President for more than a decade. The bases for seeking clemency for other persons are their delayed execution, prolonged confinement, physical, mental and social conditions of the convicts and their family.

‘This signature campaign is being conducted world over and a petition for signatures is also available online at Gopetition.com. WE are getting good response from students and SSF shall conduct this campaign in other institutions of higher education too and all signatures shall be sent to the office of President of India.’ informed Baljeet Singh, Secretary of SSF.

The campaign at Fatehgarh Sahib was conducted by Prabhjot Singh, Amarvir Singh, Maninder Singh, Karamjit Singh, Manjeet Singh and others under the leadership of SSF unit president, S. Sehbaz Singh.

Existence of Death Penalty in Statute Books Justify State Killings – Usha Ramanathan

Webmaster — Fri, 16 Oct 2009 15:19:54 +0000

Usha Ramanthan (A Sociologist and Activist)

Chandigarh (October 16, 2009) While addressing a gathering held at Law Bhawan, Chandigarh Madam Usha Ramanathan said that very existence of death punishment in statute books legitimates killings by the State. She said that in a country like Indian which has a written constitution and provision for fundamental rights, the State treats people as ‘subjects’ and not as citizens.

Ramanathan was here to attend a seminar held by Lawyers for Human Rights International (LFHRI) on 10^th October, 2009 on World Day against death penalty. She informed that while about 25,000 people (Sikhs) were being killed by armed forces of Indian State in Punjab, people were justified those killings just because of existence of death penalty in Indian law. She said that right of life and liberty has become meaningless in this country and it is evident from daily happenings.

NOTE: SikhSiyasat Network has audio recording of her speech.

Listen Here