The Sikh Forum’s Memorandum for commutation of Prof. Devinder Pal
Singh Bhullar’s Death Sentence
* Members,
The Sikh Forum, 86, Hemkunt Colony. New Delhi. 110 048. The above memorandum
was sent by them on 1/2/2003 to the Hon’ble Deputy Prime Minister and Home
Minister of India.
We have been informed
that black warrant for execution of Prof. Davinder Pal Singh Bhullar has
been issued. We have also learnt that he has filed a mercy petition before
Hon’ble President of India.
Prof. Davinder Pal Singh
Bhullar has been awarded death sentence, though one of the judges, the senior
most of the Bench, has acquitted him. The death sentence has been awarded by
majority judgment. The Supreme Court has recommended to the President of India
to consider this fact of acquittal by one of the judges, while deciding the
mercy petition.
Till now, no one has ever been
given death sentence, where there has been a difference of opinion amongst the
judges. In such cases, the Supreme Court recommends to the President of India
to consider this while deciding the mercy petition. In such cases, the death
sentence has been commuted by the President of India.
It may be recalled that during
Nov ’84 more than 7000 Sikhs were massacred throughout the country of which
nearly 4000 Sikhs were most brutally and inhumanly butchered in Delhi alone.
Various NGO committees and citizen commission headed by retired chief justice
of India, Justice C.M. Sikri had held that central govt. and state govts. lead
workers of political party had let this killing happen with active support of
administration. These heinous crimes took place in broad day light and, inspite
of numerous eye witnesses to these murders, it is very unfortunate that no one
- till date - has been awarded death sentence for this unprecedented killing.
The Sikhs were brutally killed
and massacred with a view to terrorise the whole community. These were no less
terrorist acts, but unfortunately, one after the other, all the cases have
resulted in acquittal. The whole of the Sikh community is hurt and aggrieved
that, on the one hand, murderers of 7,000 Sikhs throughout the country have
gone scot free. One person, named Kishori, was found by all courts from the
trial court upto the Supreme Court to have committed the murders of Sikhs in
several cases in Delhi during Nov ’84. The High Court of Delhi confirmed the
sentence of death in each case. But, on appeal to the Supreme Court, his
conviction was upheld but his sentence was reduced to life imprisonment.
On the other hand, persons like Davinder Pal Singh Bhullar
is being given death sentence based on confessional statement, that too which
he retracted. A perusal of the judgment of Hon’ble Mr. Justice Shah of the
Supreme Court shows that there are serious flaws in the so-called confessional
statement.
Awarding death sentence in a case like this where there is
no conclusive evidence and where one of the Hon’ble Judges has acquitted the
accused holding him not guilty, would paint a poor picture of Indian judicial
system in the eyes of the world community. Instead of helping in the fight
against terrorism this would seriously affect the fight against terrorism. Many
foreign countries would use this as an excuse to deny extradition of criminals
and terrorists.
The alleged action of Prof. Davinder Pal Singh Bhullar is
not in sympathy with the teaching of the Gurus and tenets of Sikhism. Sikhs are
obliged to provide protection to weak and unarmed persons even in situations of
grave self-danger. History is full of cases where Sikhs have sacrificed their
lives in defence of innocent persons. We condemn all types of terrorist action,
more so if any member of Sikh community is involved.
The situation in the country and the Sikh psyche would have
been different if the investigation agencies and the commission of inquiry
appointed by Govt. of India to probe into the killings of Nov ’84, had carried
out their duties sincerely and honestly, in the best interests of the country.
The above facts may be considered while deciding the mercy petition of Prof.
Davinder Pal Singh Bhullar.
The Sikh Forum, thus most respectfully. appeals to your
Honour that mercy petition of Prof. Davinder Pal Singh Bhullar before the
President of India may kindly be recommended for most sympathetic approval.
This kind gesture will go a long way to assuage the hurt feelings of millions
of Sikhs living throughout the world.
Signed on behalf of all the members of the Sikh Forum:
Justice R.S. Narula
Major Gen. M.S. Chadha
Dr. Maheep Singh
Col. Manohar Singh
Wg Cdr R.S. Chaatwal (Secretary)
Jagjit Singh Aurora
(President)
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