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Sikh Organisation For Prisoner Welfare: Prof Devinderpal Singh Bhullar


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Please all, download and print this letter from:

http://www.sikhfederation.com/pdf/Standard_letter_for_UK_Sangat_Prof_Bhullar.pdf

And read the following from http://www.prisonerwelfare.com/images/Fact_Sheet.Bhullar.pdf :

Background:

Mr Bhuller whose best friends were killed and father was disappeared by the Punjab police in 1991, and whose family was repeatedly harassed, went to Germany in December 1994 to seek political asylum. The German immigration authorities returned him to India but in his absence a Higher German court overruled the decision (VerwaltungsgerichtFrankfurt,Case8E50399\94.A(1)).

Mr Bhullar has been in prison for the last 16 years since being arrested upon arrival after his deportation to India following an unsuccessful asylum application in Germany in January 1995.

The Chairwomen of the Committee on Human Rights and Humanitarian Aid has made representations to the President of India, whilst declaring, “the German authority carrying out the Deportation had committed grave procedural errors”.

The German government has been expressing its concerns since the death penalty was first given by the TADA court in India. The German Embassy has been sending representatives to all the court hearings since.

Mr Bhullar was arrested, detained and tried under the Terrorist and Disruptive Activities

(Prevention) Act (TADA), which is no longer in force. The United Nations condemned these laws as “disturbing and completely unacceptable”.

TADA was a controversial law that was not only contrary to international law, but considered to be

unconstitutional by some authorities. Although allowed to lapse under international pressure, cases

predating its lapse are still tried. TADA was strongly condemned by the United Nations and virtually

every international institute that examined it.

Designated courts under TADA are the only courts in which a confession made to a police officer is

admissible evidence, this deviates from the Indian Evidence Act sections 25 and 26, under which confessions made to police officers are not admissible.

The procedures laid out in TADA resulted in 76,000 detentions, less than 1.8% of which actually reached conviction, despite this highly extraordinary rate of failure, the Supreme Court of India has relaxed these procedures further.

TADA requires the confession to be hand written or an audio/video and a record of it to be kept. The authenticity of typed confessions is doubted in the courts. Contrary to procedure, the confession was neither hand written nor recorded but typed on a computer by a police secretary, the ‘confession’ document was not saved.

Mr Bhullar was then taken before an ‘executive’ magistrate (appointee of the government). TADA requires the confession document be sent to the magistrate before appearance of the persons that the magistrate is in a position to examine it. The confession document was not sent to the magistrate.

The Delhi police transfer red him to the infamous Punjab police for 2 months. The Punjab police is notorious for extra judicial executions and torture. The Supreme Court itself has granted people the protection of the Central Reserve Police Force, against the Punjab police.

Trial:

Mr Bhullar wrote to the court at the first opportunity of release from Punjab police custody to Judicial custody, claiming that the ‘confession’ was involuntary and obtained under torture and fear of death.

Mr Bhullar argues that he was made to sign on blank pieces of paper, which were later filled by a statement written and typed in by the police, under threat that if he did not sign he would be terminated by the Punjab Police in a false encounter, which is a very real threat. His own father had been disappeared by the Punjab police.

Mr Bhullar was examined by a police assigned medical doctor. Although a highly educated man, Mr Bhullar's medical examination document is cosigned by him by a thumb print. Upon his alleged confession Mr Daya Singh Lahoria a second defendant in the case was acquitted because the only evidence against him was Mr Bhullar's confession which could not be relied upon in the case.

Leading Judge, Justice M B Shah, 3 judge bench, acquitted by presiding judge, other two judges

convicted him extraordinarily arguing: proof beyond reasonable doubt should be a guideline, not

a fetish. And that procedure is “only a hand maiden and not the mistress of law.”

Justice Shah went on to say that Davinderpal Singh could not be found guilty of conspiracy as this would require by definition that he conspired with another and as others named in the confession statement is acquitted, it is impossible for him to conspire with himself.

In cases of a split decision, the death penalty is not handed down. However, while Mr Bhullar’s

case was being considered by the Supreme Court, Kashmiri militants attacked the Lokh Sabha (the

lower house of the Indian parliament) on 13th December 2001. Many observers believe that

heightened rhetoric about the threat of terrorism in India and a hardening of government views

and policies may have influenced the judges' decision.

No corroborative evidence has been offered by the prosecution. None of the 133 witnesses produced by the prosecution identified him, many witnesses claimed he was not the man they had seen.

While he was waiting for the death sentence, Mr Bhullar was convicted of other charges by the Punjab Police. However on the 1 December 2006 in the Chandigarh and Haryana High Court the Judge acquitted Mr Bhullar on the basis of lack of evidence. Sh R.S.Baswana Additonal Sessions Judge held that there was no evidence on file to link the accused with the other alleged crimes and despite the fact that the prosecution had 15 years to gather evidence against Mr Bhullar, they were unable to produce evidence linking Mr Bhullar to the case against him.

Current:

Amnesty International has stated “Since 1983…scores of those arrested have been tortured to death or have otherwise been deliberately and unlawfully killed in Custody…while others have

“simply disappeared “, the security forces refusing to acknowledge that they had been arrested”.

Despite being a signatory to the Convention Against Torture, which is yet to be ratified by India ,it is well known that torture remains a pervasive and daily practice in everyone of India's 25 states, as acknowledged by Amnesty International, Human Rights Watch and the State Department (US). This was made even more apparent by the statement of Nigel Rodley (UN Special Rapportuer on Torture) that torture is endemic in India. The Chahal case brought this very fact to the attention of the European Courts where the Judges unanimously considered that human rights violations in India were gross enough to stop Mr Chahal being sent back there by British authorities saying that while they respected the assurances of the Indian authorities to treat him according to law, they could not rely on them.

MP Svend Robinson on the 3rd February 2003 has asked the House of Commons Canada “That this House call upon the govern ment to urge the government of India to commute the death sentence imposed by a majority vote of the Supreme Court of India on Professor Davinderpal Singh Bhuller after the illegal rejection of Bhuller’s asylum request in Germany and urge that he be given a fair and open trial in accordance with international judicial norms.”

There has been no recovery of any incriminating evidence against Mr Bhullar and there has been no identification by any individual of the accused in connection with this case.

Many of the legal procedures set out by TADA were not followed, there have been serious errors.

Numerous Sikh religious and political bodies have made appeals to the Indian government seeking the release of Professor Bhullar.

Professor Bhullar has been sentenced to death and is awaiting execution.

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  • 10 years later...

https://www.hindustantimes.com/cities/chandigarh-news/sikh-bodies-demand-release-of-political-prisoners-101640545964306.html

Sikh bodies demand release of ‘political prisoners’

These prisoners include are Davinder Pal Singh Bhullar, who was convicted by a TADA court in a 1993 Delhi bomb blast case that left nine people dead and 31 injured, Jagtar Singh Hawara, who was convicted as a conspirator in the assassination of former chief minister, Beant Singh
 

Various Sikh organisations during a march demanding the release of nine political prisoners, in Amritsar on Sunday. (Sameer Sehgal/HT) Various Sikh organisations during a march demanding the release of nine political prisoners, in Amritsar on Sunday. (Sameer Sehgal/HT)

Updated on Dec 27, 2021 12:42 AM IST
 

AMRITSAR: Sikh bodies on Sunday took out a march in Amritsar for the release of what they call “political prisoners”, who have been “languishing” in various jails since mid-90’s.

 

These prisoners are Davinder Pal Singh Bhullar, who was convicted by a TADA court in a 1993 Delhi bomb blast case that left nine people dead and 31 injured, Jagtar Singh Hawara, who was convicted as a conspirator in the assassination of former chief minister, Beant Singh, Jagtar Singh Tara, Balwant Singh Rajoana, Gurmeet Singh, Lakhwinder Singh and Shamsher Singh, Gurdeep Singh and Paramjit Singh (all convicted in assassination of Beant Singh). While Rajoana is on death row, the others have been sentenced to life imprisonment.

Dal Khalsa leader Kanwar Pal Singh said the Indian laws regarding release of indeterminate sentence prisoners are open to interpretation and prevarication of the executive. The continued detention of nine prisoners not only violates the principle of equality but is also a clear violation of the UN Declaration of Human Rights, he said.

 

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On 1/13/2022 at 5:28 AM, GurjantGnostic said:

Anything is worth a go. I just think that we have to realize all of our programming from the previous Yugs, has to be unlearned here. For us good people. I mean Kalyugis in Kalyug are doing fine. 

So we have these reasonable concepts about who people are, and how family and government work, etc. But those haven't been true in like 60000 years. And that's just the family element. You'd have to go back another Yugh to see what a government looks like. 

We go about trying to do things the way that we think that they work, or they should be done, which maybe would be true, in another Yug. 

But here we are in Kalyug. And we are not Kalyugis. So we must look to Purtan Gursikhi, and fully reassess how we go about interfacing with the world, and how we go about being ourselves. 

And while some of these methods, like a mailing campaign can't hurt, we can't rely on them to be the only solution. It's all good, sure, fine, but after we've sent a letter we need to go load the Santali, and also approach it Paanthically and individually from a lot of different angles, that might not, probably don't, match the way the world says it works. It's going to have to be unique. 

And I think that the Kalyugs really only just fully set in, you know maybe circa 2012 whatever, you know little details aside, but there's a difference between now and when I was born.  There were more traits from the last age available up until past the millennia. Something is different, we need to change our mindset because this is the full on Kalyug game now with new totally selfish rules. The free for all has truly begun. We must stick to Gurmat.  We cannot rely on anyone else for what we need, we can ask, we can associate, we can collaborate, but ultimately we have to be doing it by ourselves for ourselves, as an example for everyone else. 

Heck my grandparents generation were so different in their mindset, that when they made their contribution, they set up this whole country, they made this whole country rich in world war II. Positioned it at the top of the world. I'm not saying that was right, you know really a lot of good people got sucked into some bad people's war. But the understanding of them was such, that having gone through that, they immediately set about bolstering this country, financially and legally, in a direction that would lead to everyone being able to have at least a good existence. Their children, they're spoiled, narcissistic, selfish, children, the baby boomers. The hippies turned yuppies.  Have in a single generation destroyed this entire country and sold it to foreign powers. Brah vo. 

What I do like about Kalyug selfishness becoming complete, is it coincided with a lot of ignorance, and a lot of anger and control, of the last generation dying with it. And while we now have way too much media to decide what's real it's a lot better than growing up in a town with a single radio station and no TV with only the white supremacist narrative available. 

Selfish people with an open mind we can actually mold into something good. At least the mind is pliable now. 

I liked that man. I agree with you, I think the precursor to another satyug are the false illusions falling from people's eyes. 

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