Submitted on behalf of the Sikh Forum to Hon’ble Prime Minister Dr. Manmohan Singh on the Mercy Petition of Sardar Davinder pal Singh Bhullar for commuting Death Sentence to Life imprisonment.
1. Rejection by Supreme Court of Prof. Davinder Pal Singh Bhullar Plea for commutation of the death sentence to Life Imprisonment has sent a wave of hurt and gross injustice to the Sikh Community throughout India and abroad.
2. 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.
3. 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.
4. It may be recalled that during No’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 Government and State Governments 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 witness to these murders it is very unfortunate that no one till date has been awarded death sentence for this unprecedented killing.
5. The Sikhs were brutally killed and massacred with a view to terrorize 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 through 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.
6. 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.
7. 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 person even in situation 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.
8. The situation in the country and Sikh Psyche would have been different if the investigation agencies and the Commission of Inquiry appointed by Government of India to go into the killings of Nov’84, had carried out their duties, sincerely, honestly in the best interest of the Country. The above facts may be considered while deciding the Mercy Petition of Prof. Davinder Pal Singh Bhullar.
Sikh Forum thus most respectfully appeals to your honour that mercy petition of Prof. Davinder Pal Singh Bhullar for commuting Death Sentence to Life Imprisonment be given most sympathetic approval. This kind gesture will go a long way to assuage the hurt feeling of millions of Sikhs living throughout the world.
On behalf of all the members of the Sikh Forum – Maj. Gen. M.S. Chadha –President, Dr. Anup Singh- Vice President, Wg. Cdr. R.S. Chhatwal- Secretary, S. Pritam Singh Gupta-Treasurer, S. Manohar Singh Batra, Dr. Maheep Singh, Dr. A.S. Narang, Col. Manohar Singh, S. Tirlochan Singh- IAS Retd. This has the approval of vast number of other intellectuals, Scholars, Advocates, Businessmen, Educationist and Professionals in various fields.
( Maj. Gen. M.S. Chadha)