The Tribune – Memorial row: Takht chief’s decision final, says SGPC

Perneet Singh, Tribune News Service

Amritsar, May 10. Avtar Singh Makkar, SGPC president, today said any decision taken by the Akal Takht chief, Jathedar Gurbachan Singh, on the Operation Bluestar Memorial controversy will be final.

The SGPC and the Damdami Taksal have been at loggerheads for the past couple of weeks with the latter dedicating the memorial to Jarnail Singh Bhindranwale.

Talking to mediapersons after the SGPC executive committee meeting here today, Makkar said the issue was pending before the Akal Takht Jathedar. The Taksal had submitted a memorandum to him on the matter.

Emphasising the SGPC would honour any decision taken by the Akal Takht chief, he denied the Taksal’s allegation that SGPC workers had tried to uproot a board mentioning the history of Operation Bluestar.

On the issue of capital punishment to Devinder Pal Singh Bhullar, he said Germany had rightly put pressure on India against executing the death sentence.

He wondered as to why the government could not commute Bhullar’s death sentence when it had done so in the case of Kishori Lal who had butchered 34 Sikhs during the 1984 riots.

Makkar said a world-class Sikh museum would be constructed at a cost of Rs 100 crore at the Akali Market.

He said the langar building in the Golden Temple complex would be renovated with a modern kitchen.

Soon, a linear accelerator machine valued at Rs 12.5 crore would be installed at Shri Guru Ramdas Hospital for the benefit of cancer patients. A building had already been constructed for the purpose at cost of Rs 1 crore.

Makkar said efforts were afoot to enhance the number of MBBS and MD seats at the college.

The number of MBBS seats had already been increased from 100 to 150.

http://www.tribuneindia.com/2013/20130511/punjab.htm#11

Kesri Lehar – Article on Devinder Pal Singh Bhuller in the Independent (UK)

Gurfateh Khalsa ji,

The Kesri Lehar Vigil outside 10 Downing Street is nearing its 1st month this weekend.  Thank you all for being so supportive.  This is a long and arduous struggle and we need great patience and resilience.  These have been shown in great abundance to date by all – and believe we are all learning much through this process.  Getting every individual to participate and play an active part is a major hurdle and we are crossing this with great success.

Off course there are many more things to learn on the way – we are establishing closer working relationships among our own people (which is amazing) and non Sikh alike.  MPs still need to be lobbied regularly and we shall work on getting the media to work for us too.

Please do watch the weekly update Kesri Lehar show on Sangat TV every Friday at 8.30pm.

The link below is just indicative of how relationships are forged with people that may have just passed by.

You never know who u r speaking to – this reporter from the Independent – ended up writing about it.  She has agreed to follow up our case and we need many more such reporters.  First stage is just talk to who ever passes you by at the vigil.

The link below is to the article in the Independent.

http://www.independent.co.uk/voices/comment/the-death-sentence-of-devinder-pal-singh-bhullar-must-not-be-carried-out-it-will-divide-india-8607706.html

Please read and show that u “strongly agree” it as it will encourage the reporter and the papers to include more such stories. This is important – the selection bar appears at the foot of the article.

Do also leave comments about why Bhullar should not be hanged. Read what others who disagree with have to say – engage in a national debating platform to get our message across.

Please also forward this to your groups.

Remain in Chardi Kalla,

sevadar @ kesri lehar
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The Independent – The death sentence of Devinder Pal Singh Bhullar must not be carried out. It will divide India

After a conviction based solely on shaky evidence, Bhullar’s appeal for clemency was rejected by the Indian government on earlier this year and time is running out

Hope Whitmore

Crowds attending the funeral of Margaret Thatcher on April 17th may have noted a smaller, more muted protest as they passed Downing Street, one which had nothing to do with the former prime minister but rather looked to quietly continue to raise awareness of their own cause.  The Protest, run by Kesri Lehar, the Wave for Justice is known as the ‘save a life vigil.’ The life it seeks to save is that of Devinder Pal Singh Bhullar, a prisoner on death row in India.

Professor Bhullar was convicted of involvement in the bombing of the All Indian Youth Congress in New Delhi in 1993, killing 9 and leaving 36 wounded. In 2001 he was sentenced to death, yet the evidence on which his conviction stands is agreed by many to be tenuous, with even the Public Prosecutor who appeared against Bhullar during his Supreme Court appeal of 2002 describing the sentence as a ‘Judicial Error’ due to the conviction being based solely on an uncorroborated confession from Bhullar, later retracted. His appeal for clemency was rejected by the Indian government on April 12th of this year.

I became aware of Bhullar nine days later, when leaving my flat in Leith I heard music and saw in the distance a parade slowly but sparklingly moving along the street. There were so many people, many of whom were Sikh, some were not, and as they moved along they invited onlookers to join them in their celebrations of the Indian New Year. In their midst drove a float decorated with paper lotus blossoms which carried the older people and those in wheelchairs. As I watched a man came and gave me a leaflet by Kesri Lehar, detailing the case of Devinder Pal Singh Bhullar.

The death penalty is anathema to me on principle, however what made this case particularly despicable (and perhaps what made me stop and ask more questions) is not only  the shaky evidence used to convict Bhullar, but his ailing mental health. I read the leaflet then walked into the march, joining three women who I asked about Professor Bhullar. ‘This is not an execution,’ said one of the women ‘if the government kill him it will be an assassination. If this happens there will be a lot of anger in India.’

This is also the opinion of Parmjeet Singh ,  a representative of Kesri Lehar – “Bhullar is a victim of state brutality’ he tells me ‘this [sentence] upholds the barbaric and draconian laws of the state.” He elaborated on the TADA law under which Bhullar was convicted. The Terrorist and Disruptive Activities (Prevention) Act is no longer in force, yet during the years it was (1985 – 1995) it was condemned by human rights organisations  for the powers it gave the state to detain prisoners for up to a year and to assume guilt unless the party proved themselves to be innocent.

In the Punjab, where there is a Sikh majority this act was implemented in ways which would leave scars on the region for years to come. A paper by Human Rights Watch entitled Punjab in Crisis lists some of the violations on human rights.  The cases are harrowing in their brutality but I think it is important to read if you wish to understand the impact of TADA. In the context of the act it is possible to see how Bhullar’s execution could be interpreted as an assassination, as well as a continuation or even a vindication of the TADA laws which threw the Punjab into crisis in the aftermath of the assassination of Indira Gandhi and the massacre of November 1984.

Parvinder Singh says “this is a test case of the TADA laws, and this is why the Tamils, Kashmiris and Punjabis [all persecuted under the law] stand together. They know that if the government hangs Professor Bhullar this will pave the way for other prisoners committed under TADA to be sent to the gallows.” He points out that the Tamils, 2000 miles south of the Punjab, held a strike for Bhullar where they kept their children off school.

A further aggravating factor in Bhullar’s case is the fact that he was deported from Germany in 1995, a decision later ruled illegal, which has caused Germany among other European countries to call for clemency for Bhullar. “India cannot afford to ignore the calls from abroad for much longer,” says Parvinder.

‘The youth in Punjab will protest’ he adds ‘that is the natural reaction where there is state injustice. The military and security forces will go to Punjab. The government are preparing for a reaction.’

It is reported that during the massacre of the Sikhs in November 1984 those carrying out the killings were calling ‘Khoon Ka Badla Khoon’ which means ‘blood for blood.’ This cry for retribution is self-perpetuating, part of a long cycle of which Bhullar’s execution would be yet another example. If he is executed it will be seen by the Punjabis as a personal attack on their liberty and position within India.

‘India could live in peace’ says Parvinder Singh ‘they have squandered the great opportunity given by their ethnically diverse makeup. This [execution] would undermine confidence in the government.’

It’s impossible to predict the full scale of the reaction to Bhullar’s execution, but it seems that if the government were to kill him it would be taking a step away from peace and united India. The Khalistan movement could be given more credibility, not less as gaps would open up between the Indian government and the minorities within the country.

Devinder Pal Singh Bhullar’s final mercy plea is currently under consideration. I hope that the Indian president takes into account that clemency would not only be kinder but would be more conducive to an India which is seen to protect its minorities and celebrate its diverse ethnic makeup.

http://www.independent.co.uk/voices/comment/the-death-sentence-of-devinder-pal-singh-bhullar-must-not-be-carried-out-it-will-divide-india-8607706.html

The Tribune – SGPC files mercy plea for Bhullar

Tribune News Service

Amritsar, April 20. A delegation of the Shiromani Gurdwara Parbandhak Committee (SGPC) today filed a clemency petition with President Pranab Mukherjee, seeking pardon for Devinder Pal Singh Bhullar whose plea to commute his death sentence was recently turned down by the Supreme Court.

Comprising among others SGPC junior vice-president Kewal Singh Badal, SGPC secretary Dalmegh Singh and executive member RS Mehta, the delegation filed the petition in the office concerned of the Rashtrapati Bhawan in New Delhi.

The SGPC has contended that Bhullar had already spent around 20 years in jail, of which he was on death row for 10 years. It also stated that over 300 witnesses gave their testimony in the court, but “none of them identified Bhullar in connection with the Delhi blasts”. The SGPC said he had been convicted merely “on the basis of his confessional statement, which was unfair”. Moreover, it was a “split” verdict, it added.

Supporters take out march

Activists of Sikh Students Federation (Mehta), led by its district chief Amarbir Singh Dhot, on Saturday took out a peace march in support of clemency for Bhullar. The march started from the Jahajgarh area and culminated at the Akal Takht after passing through key areas of the city. Later, the activists performed ‘ardaas’ at the Akal Takht for the early release of Bhullar.

http://www.tribuneindia.com/2013/20130421/punjab.htm#4

The Tribune – Sikh bodies submit memo to President Pranab

Tribune News Service

New Delhi, April 19. Activisits of various Panthic bodies, that came in a rally from Fatehgarh Sahib, held a demonstration at Jantar Mantar here and submitted a memorandum to the President. The memo carried the signatures of 81 lakh Punjab Sikhs. Attached with the memo was a resolution passed by 8,000 panchayats demanding that the death penalty to Devinder Pal Singh Bhullar be converted into life imprisonment.

The activists gathered at Bangla Sahib Gurdwara, offered “ardas’ and then marched towards Jantar Mantar. At the gurdwara, Delhi Sikh Gurdwara Management Committee (DSGMC) president Manjit Singh (GK) made an appeal for a peaceful march. Members of the SAD (Badal), SGPC, Damdami Taksal, Sikh Students Federations, SAD (Amritsar), Shiromani Akali Dal (Delhi) and Sant Samaj participated. Bhullar’s
wife Navneet Kaur also took par in the demonstration. “I believe that respecting the sentiments of the Sikhs in India and abroad, the Centre will convert the death penalty to life imprisonment,” she said.

Manjit Singh (GK) said they would also approach the Canadian Embassy to ask the Government of India to commute Bhullar’s sentence.

Jaspal Singh Hera, president of Punjabi daily “Paheredar” said: “The government should respect the sentiments of 80 lakh Sikhs who have pleaded that Bhullar should not be hanged.” Former MP Dhyan Singh Mand said death penalty should be abolished.

http://www.tribuneindia.com/2013/20130420/punjab.htm#10

The Tribune – Devinder Pal Singh Bhullar; SGPC to file petition in a day or two

Tribune News Service

Chamkaur Sahib, April 17. The SGPC will file a writ petition for commuting Devinder Pal Singh Bhullar’s death sentence before the President within a day or two, said SGPC chief Avtar Singh Makkar here today.

He was was here to lay the stone of a degree college. He said the death sentence was not justified. “

When the death sentence awarded to Kishori Lal, who killed 34 Sikhs during the 1984 riots, has been commuted, what is the hurdle in commuting Bhullar’s death sentence,” he asked.

http://www.tribuneindia.com/2013/20130418/punjab.htm#6

The Tribune – Devinder Pal Singh Bhullar; DSGMC Delegation approaches German Embassy

I know that the German government has already on a number of occasions discussed the Bhullar case with India, but India chooses not to listen to any voices of reason. Harjinder Singh – Man in blue

New Delhi, April 16. A delegation led by Delhi Sikh Gurdwara Management Committee (DSGMC) chief Manjit Singh GK today submitted a memorandum to the German Embassy, asking it to put pressure on the Indian Government to grant clemency to Devinder Pal Singh Bhullar.

The memorandum says that when Bhullar was brought from Germany, the German Appeals Court had noted that he should have not been deported from Germany. “Bhullar’s conviction is based on a confession made in police custody. While Bhullar is convicted for abetment and conspiracy, the main accused has been acquitted by the court,” the memorandum reads.

It says Bhullar is not in a fit state of mind and is in a mental hospital. “As per our information, your government has always taken a stand against the awarding of death penalty to Bhullar. We are informed that your government had been assured by the Government of India that Bhullar would not be given the death penalty… We request you to take up this matter with the Government of India and the President to
accept the petitions not to award Bhullar the death sentence,” the memo says. (TNS)

http://www.tribuneindia.com/2013/20130417/punjab.htm#4

The Tribune – SGPC to file mercy plea to save Bhullar; Former DSGMC chief meets President

Perneet Singh, Tribune News Service

Amritsar, April 15. With the Supreme Court turning down Devinder Pal Singh Bhullar’s mercy plea, the SGPC has decided to file a clemency petition with President Pranab Mukherjee, citing his poor mental health.

Avtar Singh Makkar, SGPC chief, said they had consulted legal experts on the issue and would soon file a clemency petition to save Bhullar from the gallows. He said they had had a word with doctors treating Bhullar and had been told that his condition was ‘not good’.

He said the SGPC would seek an appointment with Prime Minister Manmohan Singh and President Pranab Mukherjee. All SGPC members would together approach the President for clemency for Bhullar.

He alleged there were several loopholes in the case from the legal point of view. Yet his death sentence had been upheld.

He said the government would be breaking its word to Germany if it hanged Bhullar. “India had promised Germany not to hang him when he was deported from there,” he claimed.

“Bhullar has already been in jail for almost two decades. He is mentally ill. In view of the Sikh sentiments, the President should pardon him,” Makkar said.

The Sant Samaj is also making efforts to meet the President on the Bhullar case. Meanwhile, the SAD (Delhi) president, Paramjit Singh Sarna, today filed a clemency petition before the President.

Sarna released a copy of the plea to the media. He said Bhullar had been convicted solely on his confession obtained under ‘coercion and torture’ while not a single witness had identified him. Also, this could well be the only case in the country in which the death sentence had been awarded on a split verdict.

“The judgment is erroneous and it has resulted in blatant violation of the fundamental right of the accused to have a fair and impartial trial,” reads the petition.

It also dwells on the delay in the disposal of Bhullar’s mercy petition and his mental health.

“The inhumane suffering of more than 10 years, waiting for death each day for more than 6,065 days, has inflicted grave mental torture on Bhullar, who has not only developed severe depression, hypertension, cervical spondylitis, pain in the joints, but has also become mentally retarded,” it states.

http://www.tribuneindia.com/2013/20130416/punjab.htm#6

The Hindu – Civil rights groups worried over executions in India

By rejecting Bhullar’s plea the apex court has lost a “wonderful chance” to bring back peace and sanity on execution, Human Rights Law Network founder and senior Supreme Court lawyer Colin Gonsalves said.

Sandeep Joshi

New Delhi, 15 April 2013.  India was among the three countries that resumed executions in 2012 after many years of having none, according to Amnesty International’s latest report “Death Sentences and Executions 2012.” And now with the Supreme Court rejecting Khalistani terrorist Devinderpal Singh

Bhullar’s plea for commutation of the death sentence, civil rights groups fear the country could see more executions this year.

Parliament attack case convict Afzal Guru was hanged and the secrecy with which the execution was carried out in Delhi’s Tihar Jail without informing even his family about it triggered a controversy. The hanging came within six months of execution of Mumbai attack case convict Ajmal Kasab. There has been a lull in executions in India as the last person to go to the gallows was Dhananjoy Chatterjee in Kolkata in 2004.

But now Bhullar could be the first to go to the gallows while 18 other death-row convicts, whose mercy pleas have been rejected by the President, could follow suit. Of these 18 convicts, at least 11 are those whose death sentences were confirmed by the Supreme Court a decade ago.

However, with voices supporting the death sentence growing in India, human rights groups fear executions could rise. Another worrying factor is the growing number of death sentences being awarded every year. And now with more stringent anti-rape laws coming into force, the number could go up.

“During 2001-2011, lower courts granted the death sentence to at least 5,776 convicts … of these, death sentences of 4,321 convicts were commuted to life sentence. If India were to execute these death-row convicts per year, it would become one of the top executioners in the world. India’s return to dark ages where justice is described as synonymous of hanging will be too expensive for society,” says Asian Centre for Human Rights Director Suhas Chakma.

By rejecting Bhullar’s plea the apex court has lost a “wonderful chance” to bring back peace and sanity on execution, Human Rights Law Network founder and senior Supreme Court lawyer Colin Gonsalves said.

“They would now plead before the three-judge bench in the Supreme Court to hear the case of death-row convicts in the Rajiv Gandhi assassination case … we will try and convince them to grant mercy.”

Mr. Gonsalves said hanging in India would lead to severe social and political consequences. “The execution of Afzal Guru has created a lot of unrest in the Kashmir Valley … Hanging Bhullar will have a similar effect in Punjab. Keeping a death-row convict in prison for the rest of his life is enough instead of hanging him,” he asserted.

Stating that the death sentences were also creating political problems, Mr. Chakma said: “Executions only create alienation in society … the moment you hang someone, it would lead to certain sections trying to either fan passions or take political mileage out of it.”

Noting that the death sentence as a punishment had not worked as a deterrent as every day society was facing more and more ghastly crimes, Mr. Chakma said: “In such a scenario, rarest of rare is no longer remains rare … death penalty becomes a rule. India should join increasing members of the United Nations which are abolishing the death penalty and put a moratorium on the death penalty with the aim to ultimately abolish it.”

According to Amnesty International: “Only 21 of the world’s countries were recorded as having carried out executions in 2012 — the same number as in 2011, but down from 28 countries a decade earlier in 2003. ”

http://www.thehindu.com/news/national/civil-rights-groups-worried-over-executions-in-india/article4617642.ece

The Tribune – Bhullar’s case is unique, claims advocate Phoolka

Tribune News Service

Amritsar, April 14. Senior advocate H S Phoolka today said the execution of Davinder Pal Singh Bhullar’s death sentence would be a unique case in judicial history of free India as Bhullar had been prosecuted only on the basis of a confessional statement.

He was here on a thanks-giving visit to the Golden Temple after a Delhi court recently set aside the CBI closure report giving a clean chit to Congress leader Jagdish Tytler in an anti-Sikh riots case.

Phoolka said Bhullar’s case was unique as there were no witnesses available and the main accused, Daya Singh Lahoriya, had already been acquitted.

But Bhullar, who had been booked on abetment charges, had been sentenced to death.

He said while governments all over the world were doing away with capital punishment, India continued with the practice.

He urged the Central Government to direct the police to file a challan against Congress leader Sajjan Kumar in a case pertaining to the killing of four Sikhs in 1984.

http://www.tribuneindia.com/2013/20130415/punjab.htm#5

The Indian Express – Markandey Katju writes to President, seeks pardon for Devender Pal Singh Bhullar

New Delhi, 13 April 2013. Press Council of India (PCI) chairperson Justice Markandey Katju has written to President Pranab Mukherjee seeking pardon for Devender Pal Singh Bhullar who has been awarded death sentence in connection with the 1993 Delhi bomb blast case.

Katju’s letter comes close on the heels of a two-judge bench of the Supreme Court rejecting the plea of Bhullar, a Khalistani terrorist and death row convict Bhullar in a judgement that paves the way for his execution.

Katju said Bhullar has been in detention since his arrival in India in January 1995 i.e over 18 years and added that he had suffered prolonged mental agony and trauma for this long period in death row with a Damocles’ sword hanging over his head.

Assigning reasons behind his plea, Katju said Supreme Court had earlier rejected Bhullar’s appeal against his death sentence by a 2-1 majority, not by an unanimous decision and added that the senior most judge on the bench Justice M B Shah had acquitted Bhullar.

Katju said he had perused the judgement of Justice Shah who had noticed that the only evidence against Bhullar is his alleged confessional statement to the investigating office.

Justice Shah has observed that “when the rest of the accused who are named in the confessional statement are not convicted or tried, this was not a fit case for convicting the appellant solely on the basis of the so called confessional statement recorded by the police officer,” Katju wrote.

He added that Justice Shah noticed in his judgement that there was nothing on record to corroborate the aforesaid alleged confessional statement.

Katju’s letter said when rest of the accused who are named in the confessional statement are not convicted or tried, this would not be a fit case for convicting the appellant solely on the basis of so-called confessional statement recorded by the police officer. (PTI)

http://www.indianexpress.com/news/markandey-katju-writes-to-president-seeks-pardon-for-devender-pal-singh-bhullar/1102055/

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