INDIA – Unfair Trials – Bhullar – ADPAN Calls for a Retrial

Devender Pal Singh Bhullar, convicted of killing nine people in a car bomb explosion in Delhi in 1993 had his petition for commutation rejected by the Supreme Court on 12 April.

This decision could affect the lives of at least 17 other prisoners on death row. President Mukherjee has also rejected at least nine mercy petitions involving 14 people since coming into office in July 2012.

Devender Pal Singh Bhullar sentenced to death in 2001 under the Terrorist and Disruptive Activities Act (TADA),  petitioned the Supreme Court to commute his death sentence on the grounds that there was an unacceptably long delay in deciding his mercy plea.  The Supreme Court rejected this chiefly on the basis of the “enormity of the crime” in effect ignoring Bhullar’s claim that he was subjected to cruel, inhuman and degrading treatment. The TADA has been criticised for its unfair trial concerns and was repealed in 1995.

ADPAN members, Lawyers for Human Rights International said, “..the Supreme Court failed to take cognizance of the fact that Bhullar was admitted to a mental hospital for more than two years as he was mentally sick …”

Bhullar had no lawyer during his pre-detention and trial, was forced under duress to sign a confession by the police which he later retracted. Since January 2011, Bhullar has been treated for mental illness at the Institute of Human Behaviour and Allied Sciences, New Delhi. In its recent decision, the Supreme Court acknowledged that some mental impact had taken place since his arrest but the court failed to adequately address the mental impact of the ‘inordinate ‘delay in considering his clemency petition. International human rights standards prohibit the imposition of the death penalty on, and the execution of, the mentally ill.

On 15 April, the Punjab Chief Minister met India’s Prime Minister and called for commutation of Bhullar’s death sentence.  The Home Minister agreed the government would examine the request.

India ended an eight-year unofficial moratorium on executions last year by hanging Ajmal Kasab and Afzal Guru in November 2012 and in February 2013;  both were executed secretly. Transparency is considered fundamental to due process.

ADPAN opposes the death penalty in all circumstances and reiterates that the death penalty is an ineffective means of combating violent crime. It is calling for a retrial of Devender Pal Singh Bhullar’s death sentence.

ADPAN regrets the resumption and secrecy of executions, and urges India to join the growing number of countries that have chosen to abolish the death penalty.

ADPAN members in India:

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