Congratulations Khalsa ji and every activist of human rights.
I am sure Prof. Davinder Singh Bhullar can’t be hanged because the law shall be implemented equally for all. Bhullar will certainly get its benefit. I can say that one of the demand of Bhai Iqbal Singh ji Bhatti is accepted though through back door.
So we are thankful to govt. of India as well as to supreme court who has given a ray of fare justice in pending cases against perpetrators of Sikh genocide too.
Bhai Iqbal Singh Bhatti is determined to continue his FAST UNTO DEATH until his all genuine demands are not accepted. Let us pray for his good health and success so that we may be able to welcome all the political prisoners languished in indian jails as victims of state terrorism.
In a ruling that delays in their execution the Supreme Court has commuted the sentences of 15 death row convicts that delays in their execution, were grounds to change their sentences to life imprisonment.
“Delay is a grounds for commuting death penalty to life sentence,” read a ruling from the court, which said mental illness and solitary confinement could also be reasons for commuting sentences.
The apex court constitution bench headed by Chief Justice P. Sathasivam said that the president and the governor, while deciding mercy petitions were not exercising any prerogative but were discharging their constitutional obligation and even a death row convict has a de factor right.
Saying so, the court said that it did not agree with the decision of its another bench which declined to give relief to Devinder Pal Singh Bhullar on the grounds of inordinate delay in the execution of his mercy petition as he was convicted for committing terror.
Another observation of the SC bench which also co-relates to Bhullar’s case said, “Solitary confinement of a death convict and other prisoners is unconstitutional.” The apex court also said. “Death sentence of a condemned prisoner cannot be executed if he is suffering from mental illness and schizophrenia and must be commuted to life imprisonment.”
The apex court commuted death penalty of the death row convicts on grounds of delay, mental illness, said reports.
The court also commuted the death sentence of sandalwood smuggler Veerappan aides Simon, Gnanaprakash, Madaiah and Bilavendra, who were convicted of killing 22 people in a landmine blast.
The judgement will affect the more than 400 convicts languishing on death row in India and will place more stringent conditions on the use of the death penalty.
Appeals to the President of India are the last legal obstacle between prisoners on death row and the hangman.
Today’s verdict is likely to impact the case of three men from Tamil Nadu convicted for the assassination of former prime minister Rajiv Gandhi. Murugan, Santhan and Perivalan’s mercy pleas were filed 11 years ago with the President’s office.
They were scheduled to hang in September, 2011, but the executions were stayed after protests.
Today’s verdict could also have a bearing on the case of Devinder Pal Bhullar, the death row convict whose petition for mercy on grounds of delay was rejected last year.
The president’s powers in deciding clemency petitions are limited.
The recommendation of the home ministry can be returned for reconsideration – but only once, after which the president is constitutionally obliged to follow the ministry’s lead.
However, there is no set time limit for providing the presidential signature, leaving room for endless delays.
But we can now hope of commution in the case Prof Davinderpal Singh Bhullar.
At last the truth is accepted by a senior most Police officer of Punjab police. Ex-DGP of Punjab Police has accepted the innocence of Prof. Davinder Singh Bhullar and he too accused that the attempts are being made to save the killers of his uncle, father and other relatives in India. He connfessed in an interview hosted by Radio SHER PUNJAB in Canada. All this audio recording can be listened at Youtube. The link is..http://www.youtube.com/watch?v=zTzT9Z7X9lU
It is to be noted that the present Chief of intelligence in Punjab SUMEDH SAINI is accused of killing the father and uncle of Prof. Davinder Singh Bhullar and a legal case is already pending in Supreme Court of India in this regard against the alleged SUMEDH SAINI.
Brief description of Davinder Singh Bhullar;
Davinder Pal Singh Bhuller was sentenced to death on 29 August 2001 after being found guilty of involvement in the 1993 bombing of the Youth Congress Office in the capital, New Delhi. Twelve people were killed and 29 injured in the blast. Davinder Pal Singh Bhuller sought political asylum in Germany, but was forcibly returned to India, where he was arrested on arrival at New Delhi airport in January 1995.
There are serious concerns that Davinder Pal Singh Bhuller may not have been given a fair trial. He was arrested under the now-lapsed Terrorist and Disruptive Activities (Prevention) Act, which has no provision for appeals to the High Court. He was found guilty solely on the strength of an unsubstantiated confession he made in police custody, allegedly under intense police pressure, which he later retracted. A second defendant Daya Singh Lahoria, in the case was acquitted because the only evidence against him was Davinder Pal Singh Bhuller’s confession.
I hereby would like to invite attention on a major mistake by Delhipolice which forced Davinder Pal Singh to sign on blank papers and then filled it themselves. Mr. Bhullar is highly literate person and was a Professor in an Engineering College. Could not he write his confession himself? Why did he just signed? Does it not verify his torture by Police as he has alleged in Supreme court.
If we agree to split decision given by supreme Court even then the question arises whether in absence of any corroborated evidence, could such punishment of death sentence be passed to an accused who retracted later of confession under police pressure? Other than this confession of him, police couldn’t produce a single witness against him but justice or injustice given to him.
If an accused confesses in Court of killing someone, even then the police has to prove whether he committed the crime or not, the accused could confess to finish his life also. Shall the Court accept his confession and award him the death sentence?
Talking to reporters outside the District Courts here today on January 18,, Bhullar alleged that a team of the Delhi Police, led by the then DCP, Mr BS Bhola, forced him to own responsibility for the terrorist attack outside the IYC Office in New Delhi on September 11,1993. This confession was later used by the police to build up a “fabricated” case against him in aTADA Court, he alleged.http://www.tribuneindia.com/2005/20050119/punjab1.htm
Next none out of 133 witnesses appeared in Court recognized Mr. Bhullar at the spot of bomb blast. Why the benefit of doubt was not given to him? Why is he being kept behind bars unnecessarily as his father and nearer relative (Brother in law of his mother) along with three other persons of his village were abducted by Police and then his father and uncle were killed in police custody. Their dead bodies were also not given to the family. Out of other three one got insane, the hip bones of one person were so badly broken that he can not walk straight.
The Supreme Court had on Aug 14, 2013 rejected the review petition of 1993 Delhi bomb blast convict, Devinder Pal Singh Bhullar.
Supreme Court had on March 26, 2002 dismissed Bhullar’s appeal against death penalty. The SC had also dismissed his review petition on December 17, 2002.
Bhullar then moved a curative petition was rejected by Supreme Court on March 12, 2003.
A mercy petition filed before the President on January 14, 2003 was dismissed by the president on May 25 last year. The Supreme Court had on April 2, 2013 dismissed Bhullar’s mercy petition to commute his death sentence to life imprisonment.
It is pertinent to mention here that Justice Markandey Katju, the chairman of Press Council of India had sought pardon for Davinder Pal Singh Bhullar citing that he should not be executed as he has some chronic psychiatric problem and was undergoing treatment for the same.
It may be recalled that the Shiromani Akali Dal (SAD) and the Shiromani Gurdwara Parbandhak Committee (SGPC) had also applaeled to Prime Minister Manmohan Singh seeking a commutation of death sentence of Bullar to life imprisonment.
Punjab Chief Minister Parkash Singh Badal had pleaded that the case deserved a review because of Bhullar’s deteriorating mental health and for communal harmony in Punjab and the rest of the country.
Sumedh Singh Saini, an IPS officer has been booked by CBI on these killings but they are given medals and promotion whereas an innocent person is kept behind bars for the last 22 years. Is it justified?
“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.”
Indian government should not only set free Bhai Davinder Pal Singh Bhullar but should also give him justice.
Ajmer Singh Randhawa.