Showing posts with label Devinder Pal Singh Bhullar. Show all posts
Showing posts with label Devinder Pal Singh Bhullar. Show all posts

Wednesday, August 21, 2013

Executions have been reportedly scheduled for 22 August

Three men face imminent execution in india

On 14 August, India’s Supreme Court upheld its rejection of Devender Pal Singh Bhullar’s commutation plea. He is now at risk of imminent execution. The mercy petitions of two other men were also rejected by the President in August, and reports suggest they could be executed on 22 August.
Devender Pal Singh Bhullar was sentenced to death in August 2001 for his involvement in a bomb attack in New Delhi in 1993 that killed nine people. He was arrested under the Terrorist and Disruptive Activities (Prevention) Act (TADA), a law that contained provisions incompatible with international fair trial standards, and had no access to a lawyer during his initial detention and trial. He was found guilty on the basis of a “confession” to the police which he later retracted, claiming it was made under police pressure. In March 2002, the Supreme Court upheld his death sentence, though one of the three judges had found him not guilty, saying there was no evidence to convict him.
The President rejected Devender Pal Singh Bhullar's mercy petition in May 2011, eight years after the request was filed. This decision was challenged before the Supreme Court, including on grounds of an inordinate delay in the consideration of his mercy petition. The Supreme Court rejected his plea on 12 April, in a judgement that ignored claims he had been subjected to cruel, inhuman or degrading treatment or punishment. A review petition of this judgment was dismissed on 14 August 2013. Devender Pal Singh Bhullar has been receiving treatment at a psychiatric facility, and a medical board has reportedly stated that he is suffering from severe depression and shows symptoms of psychosis and suicidal tendencies. International standards on the use of the death penalty prohibit the use of capital punishment against people with mental disability.
Since taking office, President Pranab Mukherjee has rejected mercy petitions of at least 19 people. Information about the rejection of mercy petitions is not publicly available, making it difficult to determine the status of individual cases.
In August, the President rejected the mercy petitions of Shivu and Jadeswamy, who were sentenced to death in July 2005 for the rape and murder of a woman in 2001. The Karnataka High Court upheld the sentence in October 2005 and the Supreme Court upheld it in February 2007. In November 2012, the Supreme Court, in a different case relating to the imposition of the death penalty, observed that in Shivu and Jadeswamy’s case, “the circumstances of the convicts were not considered for reducing the death penalty” – a necessary measure courts are required to take under Indian law before sentencing anyone to death.
Their executions have been reportedly scheduled for 22 August.  On 21 August, the Supreme Court will hear petitions from Shivu and Jadeswamy seeking commutation of their sentence on the grounds that the six-year delay in consideration of their mercy petitions was inordinate.
On 22 October, a larger bench of the Supreme Court will begin hearing together the cases of at least 17 other convicts who are seeking commutation of their death sentences on similar grounds.
Please write immediately in English or your own language:
  • Calling on Indian authorities not to execute Devender Pal Singh Bhullar, Shivu and Jadeswamy or any other prisoners
  •  Calling on Indian authorities to retry Devender Pal Singh Bhullar’s case in proceedings that meet international fair trial standards;
  • Urging them to immediately halt any further executions, commute all death sentences to terms of imprisonment, and establish an official moratorium on executions with a view to abolishing the death penalty.
PLEASE SEND APPEALS BEFORE 30 SEPTEMBER 2013 TO:
President of India
Mr. Pranab Mukherjee        
Rashtrapati Bhawan
New Delhi 110001 India     
Fax: +9111 2301 7290
Email: (via form)
http://www.helpline.rb.nic.in/GrievanceNew.aspx
Salutation: Dear President
Prime Minister
Dr Manmohan Singh         
South Block, Raisina Hill
New Delhi 110001 India
Fax: +9111 2301 9545
Email: (via form)
http://pmindia.nic.in/feedback.php?ln=english
Salutation: Dear Prime Minister
And copies to:
Minister of Home Affairs    
Mr. Sushilkumar Shinde    
104 North Block
Central Secretariat
New Delhi 110001 India
Fax: +9111 2309 4221
Email: hm@nic.in

Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation         
Please check with your section office if sending appeals after the above date. This is the first update of UA 91/13. Further information: http://amnesty.org/en/library/info/ASA20/020/2013/en

ਕੁਝ ਹੋਰ ਜ਼ਰੂਰੀ ਲਿੰਕ:

ਪ੍ਰੋ. ਭੁੱਲਰ, ਸ਼ਿਵੂ ਤੇ ਜਡੇਸਵਾਮੀ ਨੂੰ ਭਲਕੇ ਫਾਂਸੀ ਦਿੱਤੇ ਜਾਣ ਦਾ ਖਦਸ਼ਾ


ਦਿੱਲੀ:ਨਿੱਕੀ ਜਹੀ ਚੰਗਾਰੀ ਨੇ ਲਾਂਬੂ ਲਾ ਦਿੱਤੇ








Friday, April 12, 2013

Rejection of Devinder Pal Bhullar’s plea by the Supreme Court

PUDR strongly denounces the dismissal 
Awarding death penalty to a person mentally unstable is a crime against humanity
PUDR strongly denounces the Supreme Court’s dismissal this morning of Devinder Pal Singh Bhullar’s plea for commutation of the death sentence awarded to him to life. The issues at stake in this dismissal are multiple, that of clemency, death penalty, miscarriage of justice and precedence.

Bhullar was sentenced to death in 2003 for carrying out a bomb blast outside the Delhi Youth Congress office which killed nine people in 1993. He has been deemed mentally unstable. The High Court’s decision of upholding the death sentence was not a unanimous decision. After he was given the death sentence by the Supreme Court, he appealed to the then President of India for clemency in 2003. The President, after a lapse of over eight years, dismissed his mercy plea in 2011. Bhullar had sought commutation of his death penalty to life sentence by the Supreme Court on the ground that there was inordinate delay by the President over his plea for clemency.

The principle of jurisprudence lays down that a person cannot be punished twice for the same crime. Bhullar has already served 12 years in jail and now the consequent execution would strictly violate this principle of jurisprudence. Prolonged incarceration of a death row convict awaiting his execution qualifies as cruelty and violates Article 21 of the Indian Constitution.

Ideally there should have been a norm governing the delay in judicial processes and the relief granted thereof. In some instances, convicts have received relief for delays of 2 years, two and a half years, etc.In  T.V.Vatheeswaran vs. State of Tamil Nadu (1983) 2 SCC 68 and Ediga Anamma vs. State of Andhra Pradesh (1974) 4 SCC 443 it has been held that a delay of two years was permissible beyond which the sentence ought to be converted to life.  In Bhagwan Bux Singh & Anr. vs. The State of U.P. (1978) 1 SCC 214 similar observations were made with respect to a delay of two and a half years and in Sadhu Singh vs. State of U.P. (1978) 4 SCC 428 to a delay of three and a half years. Whereas, in the present instance, even if the delay in handing over the penalty (rejection of clemency) is 12 years, the convict is not entitled for any relief.

It is appalling to note that Supreme Court in its rejection of mercy plea has disregarded the mental health of Bhullar. Awarding death penalty to a person mentally unstable is a crime against humanity. The Supreme Court order hence stands as a serious miscarriage of justice and also dangerously escalates the possibility of such unjust judicial trends becoming the norm. On 6 April 2013, the Supreme Court in a progressive move ordered a temporary stay on the execution of 8 convicts on death row. Not just the apprehension of the present order in case of Bhullar affecting the fate of other prisoners of death row is daunting; equally alarming is the ambiguous position of Supreme Court on death penalty vacillating between two positions, one of relief due to delay in the delivery process and the other of no relief for the same.

In a democracy that guarantees the right to life as a fundamental life, death penalty should find no rationale. In fact, the state should see the execution of someone in its custody abhorrent. Death penalty is an act of retribution and presents the state as an arbiter of retributive justice. The very notion of justice is lost in the act of taking away a life to avenge the loss of another life. PUDR sees death penalty as a form of state violence and an escalator of a culture of hate. It infuses a sense of vengeance in society and reinforces the cycle of violence.

PUDR, while condemning the dismissal of the SC order, reiterates the dangers of having death penalty as sanctioned form of punishment and puts forward a demand for total abolition of the death penalty.


D. Manjit, Asish Gupta
Secretaries, PUDR



ਪ੍ਰੋਫੈਸਰ ਭੁੱਲਰ ਦੀ ਸਜ਼ਾ ਰੱਦ ਕਰਾਉਣ ਲਈ ਸੰਘਰਸ਼ ਹੋਰ ਤੇਜ਼