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SARBJIT SINGH A death row Indian prisoner in Pakistan Can we save him? (RANJIT SINGH) |
New York/ April 18,08.
It is a tale of a lamp trying to remain lit amidst a storm. Unfortunately, the time to shield this lamp is running out and
there are no visible, favorable indicators on the horizon.
Five members of Sarbjit Singh’s family will be going to Pakistan with the hope that the government and the people of
Pakistan will help them secure Sarbjit’s freedom, languishing in the Lahore’s Lakhpat jail since 1990. He is now
scheduled to be hanged on April 30,08.
Sarbjit’s sister, Dalbir Kaur, the most articulate and assertive spokesperson of the family says that her brother is
innocent. According to her, he, by mistake, in a drunken state, strayed into Pakistan territory and was arrested by
Pakistani rangers.
But Pakistani authorities have their own version to tell. They say that this man is not Sarbjit. He is, in fact, Manjit
Singh, an agent of RAW, on a terrorist mission. He did succeed. He was arrested on August 30, 1990, near border
town of Kasur, when he was trying to slip back into India, after causing blasts at five places, in Lahore and Multan.
Both, the family as well as, the Pakistani authorities stick to their guns. In spite of that the family hopes that Sarbjit will
come out free, one day, soon, as he is not Manjit Singh. He is a victim of “mistaken identity”. This is their only selling
point and the family has succeeded in rallying a huge socio-political campaign around it.
Efforts to save Sarbjit are not new. His sister, Dalbir Kaur, deserves full credits for keeping the issue alive, all this
time, with her utterances and actions.
A Human Right group of Canada, South Asian Human Rights Group (SAHRG) was the first to awaken Indians to
action. On August 31, 2003, its case coordinator, Sheetal Das kaler, went to Pakistan, met Sarbjit Singh in jail,
retained a Supreme Court lawyer, Rana Abdul Hameed, to file a clemency petition in the Supreme Court on
September 10,2003. After that, he came to India and briefed Akali leader, Sukhdev Singh Dhindsa, National Minority
Commission’s Chairman, Tarlochan Singh and the NDA’S Minister of State for External Affairs, Vinod Khanna. The
minister assured to take up the matter with the government of Pakistan. Sheetal Das Kaler will be respected and
remembered for initiating a Save-Sarbjit-Campaign, both in Pakistan and India.
AUGUST 24,2005: This date will be remembered as the day when the nation as a whole rallied behind a
campaign that was alive but not agile. That was the day when, according to a news report, “television networks,
members of Parliament, children, film actors, war widows rallied behind a growing campaign to save Sarbjit Singh.”
This was the day when Prime Minister, Dr. Manmohan Singh, gave the assurance that he would personally talk to
President Musharraf. The parliamentarians decided to take up the matter in the Parliament. Children took out a
procession in Delhi. Many organizations, all over the country, stirred into action, including one in Kanpur, signing in
blood, a petition to President Musharraf. Residents of Sarbjit’s village, Bhikiwind, in Taran Taran district of Punjab
People from places, who, even, did not know him, stood in solidarity to save him. A political Party, Socialist Janata Dal
(United) sent a petition to President Musharraf appealing for clemency.
It was in the backdrop of this huge socio-political campaign that the then Minister of External Affairs, K. Natwar Singh,
adopted the consular route to handle the issue. He told the Pakistani High Commissioner in Delhi, Aziz Ahmed Khan,
to convey to the government of Pakistan that it is a humanitarian matter and that “there is a strong sentiment in India
for sparing the life of Sarbjit Singh.”
BEYOND BORDERS: Even though, the socio-political voices became weaker, there was one voice,
which did not lower its pitch. It was Dalbir Kaur, who did not let the nation forget the issue. She kept meeting the
media and the politicians. And once, she created a sensation of the sort when at Amritsar, she issued an ultimatum,
“Hoping that President Musharraf would keep his promise of doing whatever was possible, and that the government
of India would hold talks with the Pakistani authorities for her brother’s release, she threatened “Immolation by family
members, if it does not happen.”
One man who heard it was Pakistan’s Human Right activist, Ansar Burney, a caretaker minister of Human Rights in
Musharraf appointed cabinet, before the general elections. During his four months’ stint as a minister, he managed
the freedom of another Indian prisoner, Kashmir Singh. This man, who himself confessed to be an Indian spy after
walking free into India, was arrested in 1973 in Karachi. After languishing for 35 years in the same jail, he was given
a hero’s departure, thanks to Ansar Burney who lobbied with the President of Pakistan and secured his freedom. He
began working for Sarbjit’s freedom.
CAMPAIGN REVIVAL: But all these efforts came to naught when, on March 18, President Musharraf
rejected the clemency appeal of Sarbjit, resulting in the issuance of a “Black Warrant.” Sarbjit Singh was scheduled to
be hanged on April 1, 08. Save-Sarbjit Campaign returned to the forefront. March 19,08 became a repeat of August
24,05. Every political party came in support of the campaign.
If Parkash Singh Badal, Chief Minister, Punjab, wrote a letter to the Prime Minster requesting immediate help, BJP’s
VK Malhotra was justifying release for Sarbjit on the ground that it was a case of “mistaken identity.”Parliamentarians
of all parties spoke with one voice. Television network and media, once again, came to Sarbjit’s defense. Dalbir kaur
revived her mission of meeting with top leaders, including Sonia Gandhi and Rahul Gandhi. The government was
pushed into action. Ministry of External affairs sent another clemency appeal to President Musharraf on humanitarian
grounds, with a veiled threat that “hanging Sarbjit Singh will vitiate bilateral relations.”
The results were satisfactory. The foreign office of Pakistan conveyed to the Indian High Commission in Islamabad
that the President of Pakistan had granted a reprieve of one month to the prisoner. The Union External Affairs
Minister, Pranab Mukherjee, conveyed the happy news to the Parliament, with Parliamentarians thumping tables with
joy and the minister giving the assurance that “saving Sarbjit Singh was government agenda.”
WINDOW OF HOPE:Every one saw in it a window of hope to act fast. Parkash Singh Badal invited
Ansar Burney to come and visit Sarbjit’s village to verify his identity for himself. He did oblige, came to Bhikiwind on
April 2,08, where he was given a Messiah’s reception. He met with the kiths and kins and admitted, “it seems to be a
case of mistaken identity.” He, even, invited the family members to come to Pakistan to present their case
themselves, assuring all possible help. The Pakistan’s High Commission in Delhi, after initial denial, issued visas to
five members of the family.
Sister Dalbir Kaur, wife, Sukhpreet, daughters, Swapandeep and Poonam, alongwith, brother-in-law, Baldev Singh,
are ready to go. They will meet with the new Prime Minister, Mr, Gilani, another top leader and former Prime Minister,
Nawaz Sharif and, also, President Musharraf, with the help of Ansar Burney.
The world will watch with anxiety, the role that the leaders play- the Pakistanis as well as Indians. One question that
every one will ask: Can we save Sarbjit Singh?
CAN WE? Our prayers apart, we need to consider the existing scenarios that would determine Sarbjit Singh’s
fate. We need to shortlist them to find out which one could be the best at this critical juncture, when time is short and
winds are unfavorable.
First: The State scenario: Pakistan is an Islamic state with its own constitution. The Islamic law does not give
authority to the state or government to pardon a killer. Only the kiths and kins of the victims can do so. Going to
them would be accepting that Sarbjit was a terrorist. Moreover, the pardon by kins seems improbable as the
punishment is based on killing 14 people at 4 places. However, Article 45 of the Constitution of Pakistan empowers
the President to convert the death sentence into life term, which is 14 years and Sarbjit Singh has been in jail for 18
years. Will President Musharraf use this authority? The following scenario will determine it.
Second: Perceptional scenario: Neither the President nor the people of Pakistan believe Sarbjit to be
innocent. In a telephonic conversation, Ansar Burney, once, told Dalbir Kaur that the President had no sympathy with
her brother and was convinced that he was a terrorist “for whom, there shall be no sympathy.”
Another top official of Pakistan, Khusro Parvez had stated categorically that “there was sufficient proof of Sarabjit
Singh’s involvement in the attacks. This case was not a simple espionage. It was a case where four acts of terrorism
took place and Sarbjit was fully involved. Innocent lives were lost. How can he be relieved?”
Neither the populace, nor the media, in short, no one in Pakistan believes him to be innocent. Even Ansar Burney
was not categorical. His involvement was basically an act of human rights activists, who are against death penalty.
The only strong voice that came from a respected Pakistani was that of Asma Jehangir, who faulted the Pakistani
police for presenting Sarbjit as Manjit Singh. But, Asma is busy with her UN work and perhaps would not have time for
it.
Third: NATIONAL SCENARIO: Perhaps, this is most important determining factor. The two nations have
fought three wars in the last 60 years and war of words goes on uninterrupted, though the atmosphere has been
improving since the peace process was put in place in 2004. Still the irritants do exist and that too in plenty, which do
not permit the governments on either side to take steps that are not palatable to the people.
One such irritant is the treatment meted out to the prisoners of each other country. Innocent people are arrested or
detained on suspicion and thrown in jails to be used as scapegoats. They are not allowed to make contacts with their
people, nor given fair trial, and sometimes, no trial at all. The media and hawks use them to instigate their people
against the other nation.
The custodial death of a Pakistani, Khalid Mahmood, in an Indian Jail is one such example. The Indian police say, he
was a spy. But, the family back home in Pakistan says, he was a cricket fan, who lost his travel documents while in
India. While the Indian police says, he died of an unspecified ailment after due treatments failed but the Dawn, a
Pakistani newspaper reported, he was tortured to death. His body was returned to the family in Pakistan on March 4
and within a fortnight on March 18, Sarbjit Singh clemency appeal was rejected. India feared, it was an act of
retaliation.
This irritant creator is very huge. An Indian diplomat in Islamabad told a reporter that there are 575 Indian prisoners
in Pakistani jails and 200 Pakistanis in Indian jails. Human right groups say the figures are much higher. The two
governments talk, claim to have set up mechanisms but all talks end in no relief to the suffering sections, the
prisoners, languishing in jails without trial and, even, after their terms are done.
In such a scenario, we cannot expect Sarbjit’s release or pardon to be taken lightly. Even Kashmir Singh’s release
has attracted a lot of criticism. The lawyers, the judges and especially, the student activists of Pakistan accuse Ansar
Burney, who was instrumental in his release, as “a shameless self-promoter” who helped President Musharraf to
crush the movement of the lawyers and judges for the restoration of independence of judiciary.He is already under a
public interest litigation and is no more a minister. He could be having some influence with the President but may
have no clout in the anti-Musharraf Ministry of Pakistan’s People Party.
There does not seem to be in existence a strong Human Rights Movement in Pakistan that would stand in support of
an Indian prisoner, dubbed as a terrorist.
Fourth: Judicial scenario. Can we make use of the judiciary once again? No hope. First of all, the options till
Supreme Court have been exhausted and the time for review is over. The review petition by Rana Abdul Hameed,
defense lawyer for Sarbjit retained by the Canada’s South Asian Human Rights Group, was dismissed on September
27,05 on the ground that it was time barred by 620 days. Three more years have gone in between.
Moreover, the Pak authorities will never admit that the judicial process had any procedural defects. This feeling was
conveyed to the then foreign minister on August 24, 2005, when the Minstry of External affairs, India contacted the
Pakistan High Commissioner in Delhi. The Pak diplomat told India that the punishment was given after due process of
law. They recount the events like this.
1) Sarbjit alias Manjeet Singh was arrested by Pakistan’s Mujahid Force on August 30,1990 near the border town of
Kasur in Pakistan, while he was trying to escape back to India after conducting 5 acts of terrorism and killing 14
people.
2) He was handed over to the intelligence authorities.
3) On September 8, 90, he was presented before a magistrate, where he made a confession, telling that he was a
RAW agent, involved in the terrorist acts.
4) On the basis of this confession and the testimony of many eye witnesses, the anti-terrorist court in Lahore gave
him death sentence in December 1991.
5) The Punjab H/Court upheld the judgment.
6) Supreme Court of Pakistan upheld the punishment on August 18, 2005, stating “Sarbjit does not deserve
leniency” and that he should have been given punishment for all the five cases separately.
7) On March 4,2006, the clemency petitions to the Supreme court were dismissed, sealing Sarbjit’s fate.
The only option left was a clemency appeal to the President Musharraf, which was tried with no luck. On March
18,2008, this appeal was rejected and black warrant issued, fixing April 1,08 as the day for hanging, rescheduled to
May 1.
If we question the Pakistani authorities, they will retaliate that this is, also, the procedure that we in India follow.
Fifth: Bilateral Scenario: It is now confirmed that President Musharraf granted one month reprieve to Sarbjit
on the intervention of the government of India. But reprieve is no pardon. Pakistan’s Constitution empowers the
President to grant three reprieves of one month each. Most probably, President Musharraf will use this power, thus
deferring hanging by June end. But he will not use his power under article 45 (to convert death penalty into life term)
to set him free, unless India gives him a deal that the people of Pakistan can digest. News of exchange of terrorists
for Srabjit was in the air for sometime. Government of India had a strong reaction to it. The doors for such a deal
have been closed, once for all, as the ruling party, Congress, has made a scathing attack on the BJP for exchanging
Pakistani terrorists for 189 Indian passengers in a hijacked plane of Air India. (Kandhar episode). It is now a power
issue.
Other than that, to believe that President Musharraf will melt down because of family’s emotional appeal or “strong
public sentiments in India.” or would be cowed down by a threat of “vitiating bilateral relations"
In the first place, this threat was unwarranted. No body would believe that India would break diplomatic ties or end
with on-going peace process to save the life of Sarbjit Singh.
IS ANY WINDOW OPEN? Yes, only one-the Human Right groups. All those human right groups or
activists who come forward shall have an unflinching faith that Sarbjit is not a criminal, he is a victim. If he were a
criminal, involved in acts of terrorism, India’s Union Minister for External Affairs, Pranab Mukherjee would not have
assured the Parliament that “saving Sarbjit’s life was government’s agenda.” Any proof to the contrary would reflect
upon the credibility of the government.
Probably and rather most certainly, Pakistani police, in search of some one named Manjeet Singh or perhaps, some
unidentified perpetrator of blasts, stumbled on Sarbjit Singh and used him as a scapegoat. They used correct judicial
procedures to achieve their unethical goals.
This curtain can only be lifted by human right groups, as it is the only strategy to win the minds and hearts of the
people of Pakistan to view Sarbjit’s case from a different angel-the police adopting unethical means to hide their
weaknesses, a practice used every where.
South Asian Human Right Group of Canada was the first to initiate Save-Sarbjit Campaign. Now some human right
group or groups shall take it to logical conclusion. They shall join the efforts of Ansar Burney, the trusted Pakistani
activist and impress upon the United Nations Human Rights Commission to espouse the cause. It needs to be proved
that this man on death row is Sarbjit, a farmer, nowhere near the scene of blasts when they happened.
Only after the right groups certify his innocence, the people of Pakistan will delink the case from politics and bilateral
irritations. The job of President Musharraf to convert the death penalty into life term paving the way to Sarbjit’s
freedom will be made easier
It is high time for the right groups to use the UN platform to win reprieve, prove his innocence and
secure his freedom. (Ranjit Singh)
It is a tale of a lamp trying to remain lit amidst a storm. Unfortunately, the time to shield this lamp is running out and
there are no visible, favorable indicators on the horizon.
Five members of Sarbjit Singh’s family will be going to Pakistan with the hope that the government and the people of
Pakistan will help them secure Sarbjit’s freedom, languishing in the Lahore’s Lakhpat jail since 1990. He is now
scheduled to be hanged on April 30,08.
Sarbjit’s sister, Dalbir Kaur, the most articulate and assertive spokesperson of the family says that her brother is
innocent. According to her, he, by mistake, in a drunken state, strayed into Pakistan territory and was arrested by
Pakistani rangers.
But Pakistani authorities have their own version to tell. They say that this man is not Sarbjit. He is, in fact, Manjit
Singh, an agent of RAW, on a terrorist mission. He did succeed. He was arrested on August 30, 1990, near border
town of Kasur, when he was trying to slip back into India, after causing blasts at five places, in Lahore and Multan.
Both, the family as well as, the Pakistani authorities stick to their guns. In spite of that the family hopes that Sarbjit will
come out free, one day, soon, as he is not Manjit Singh. He is a victim of “mistaken identity”. This is their only selling
point and the family has succeeded in rallying a huge socio-political campaign around it.
Efforts to save Sarbjit are not new. His sister, Dalbir Kaur, deserves full credits for keeping the issue alive, all this
time, with her utterances and actions.
A Human Right group of Canada, South Asian Human Rights Group (SAHRG) was the first to awaken Indians to
action. On August 31, 2003, its case coordinator, Sheetal Das kaler, went to Pakistan, met Sarbjit Singh in jail,
retained a Supreme Court lawyer, Rana Abdul Hameed, to file a clemency petition in the Supreme Court on
September 10,2003. After that, he came to India and briefed Akali leader, Sukhdev Singh Dhindsa, National Minority
Commission’s Chairman, Tarlochan Singh and the NDA’S Minister of State for External Affairs, Vinod Khanna. The
minister assured to take up the matter with the government of Pakistan. Sheetal Das Kaler will be respected and
remembered for initiating a Save-Sarbjit-Campaign, both in Pakistan and India.
AUGUST 24,2005: This date will be remembered as the day when the nation as a whole rallied behind a
campaign that was alive but not agile. That was the day when, according to a news report, “television networks,
members of Parliament, children, film actors, war widows rallied behind a growing campaign to save Sarbjit Singh.”
This was the day when Prime Minister, Dr. Manmohan Singh, gave the assurance that he would personally talk to
President Musharraf. The parliamentarians decided to take up the matter in the Parliament. Children took out a
procession in Delhi. Many organizations, all over the country, stirred into action, including one in Kanpur, signing in
blood, a petition to President Musharraf. Residents of Sarbjit’s village, Bhikiwind, in Taran Taran district of Punjab
People from places, who, even, did not know him, stood in solidarity to save him. A political Party, Socialist Janata Dal
(United) sent a petition to President Musharraf appealing for clemency.
It was in the backdrop of this huge socio-political campaign that the then Minister of External Affairs, K. Natwar Singh,
adopted the consular route to handle the issue. He told the Pakistani High Commissioner in Delhi, Aziz Ahmed Khan,
to convey to the government of Pakistan that it is a humanitarian matter and that “there is a strong sentiment in India
for sparing the life of Sarbjit Singh.”
BEYOND BORDERS: Even though, the socio-political voices became weaker, there was one voice,
which did not lower its pitch. It was Dalbir Kaur, who did not let the nation forget the issue. She kept meeting the
media and the politicians. And once, she created a sensation of the sort when at Amritsar, she issued an ultimatum,
“Hoping that President Musharraf would keep his promise of doing whatever was possible, and that the government
of India would hold talks with the Pakistani authorities for her brother’s release, she threatened “Immolation by family
members, if it does not happen.”
One man who heard it was Pakistan’s Human Right activist, Ansar Burney, a caretaker minister of Human Rights in
Musharraf appointed cabinet, before the general elections. During his four months’ stint as a minister, he managed
the freedom of another Indian prisoner, Kashmir Singh. This man, who himself confessed to be an Indian spy after
walking free into India, was arrested in 1973 in Karachi. After languishing for 35 years in the same jail, he was given
a hero’s departure, thanks to Ansar Burney who lobbied with the President of Pakistan and secured his freedom. He
began working for Sarbjit’s freedom.
CAMPAIGN REVIVAL: But all these efforts came to naught when, on March 18, President Musharraf
rejected the clemency appeal of Sarbjit, resulting in the issuance of a “Black Warrant.” Sarbjit Singh was scheduled to
be hanged on April 1, 08. Save-Sarbjit Campaign returned to the forefront. March 19,08 became a repeat of August
24,05. Every political party came in support of the campaign.
If Parkash Singh Badal, Chief Minister, Punjab, wrote a letter to the Prime Minster requesting immediate help, BJP’s
VK Malhotra was justifying release for Sarbjit on the ground that it was a case of “mistaken identity.”Parliamentarians
of all parties spoke with one voice. Television network and media, once again, came to Sarbjit’s defense. Dalbir kaur
revived her mission of meeting with top leaders, including Sonia Gandhi and Rahul Gandhi. The government was
pushed into action. Ministry of External affairs sent another clemency appeal to President Musharraf on humanitarian
grounds, with a veiled threat that “hanging Sarbjit Singh will vitiate bilateral relations.”
The results were satisfactory. The foreign office of Pakistan conveyed to the Indian High Commission in Islamabad
that the President of Pakistan had granted a reprieve of one month to the prisoner. The Union External Affairs
Minister, Pranab Mukherjee, conveyed the happy news to the Parliament, with Parliamentarians thumping tables with
joy and the minister giving the assurance that “saving Sarbjit Singh was government agenda.”
WINDOW OF HOPE:Every one saw in it a window of hope to act fast. Parkash Singh Badal invited
Ansar Burney to come and visit Sarbjit’s village to verify his identity for himself. He did oblige, came to Bhikiwind on
April 2,08, where he was given a Messiah’s reception. He met with the kiths and kins and admitted, “it seems to be a
case of mistaken identity.” He, even, invited the family members to come to Pakistan to present their case
themselves, assuring all possible help. The Pakistan’s High Commission in Delhi, after initial denial, issued visas to
five members of the family.
Sister Dalbir Kaur, wife, Sukhpreet, daughters, Swapandeep and Poonam, alongwith, brother-in-law, Baldev Singh,
are ready to go. They will meet with the new Prime Minister, Mr, Gilani, another top leader and former Prime Minister,
Nawaz Sharif and, also, President Musharraf, with the help of Ansar Burney.
The world will watch with anxiety, the role that the leaders play- the Pakistanis as well as Indians. One question that
every one will ask: Can we save Sarbjit Singh?
CAN WE? Our prayers apart, we need to consider the existing scenarios that would determine Sarbjit Singh’s
fate. We need to shortlist them to find out which one could be the best at this critical juncture, when time is short and
winds are unfavorable.
First: The State scenario: Pakistan is an Islamic state with its own constitution. The Islamic law does not give
authority to the state or government to pardon a killer. Only the kiths and kins of the victims can do so. Going to
them would be accepting that Sarbjit was a terrorist. Moreover, the pardon by kins seems improbable as the
punishment is based on killing 14 people at 4 places. However, Article 45 of the Constitution of Pakistan empowers
the President to convert the death sentence into life term, which is 14 years and Sarbjit Singh has been in jail for 18
years. Will President Musharraf use this authority? The following scenario will determine it.
Second: Perceptional scenario: Neither the President nor the people of Pakistan believe Sarbjit to be
innocent. In a telephonic conversation, Ansar Burney, once, told Dalbir Kaur that the President had no sympathy with
her brother and was convinced that he was a terrorist “for whom, there shall be no sympathy.”
Another top official of Pakistan, Khusro Parvez had stated categorically that “there was sufficient proof of Sarabjit
Singh’s involvement in the attacks. This case was not a simple espionage. It was a case where four acts of terrorism
took place and Sarbjit was fully involved. Innocent lives were lost. How can he be relieved?”
Neither the populace, nor the media, in short, no one in Pakistan believes him to be innocent. Even Ansar Burney
was not categorical. His involvement was basically an act of human rights activists, who are against death penalty.
The only strong voice that came from a respected Pakistani was that of Asma Jehangir, who faulted the Pakistani
police for presenting Sarbjit as Manjit Singh. But, Asma is busy with her UN work and perhaps would not have time for
it.
Third: NATIONAL SCENARIO: Perhaps, this is most important determining factor. The two nations have
fought three wars in the last 60 years and war of words goes on uninterrupted, though the atmosphere has been
improving since the peace process was put in place in 2004. Still the irritants do exist and that too in plenty, which do
not permit the governments on either side to take steps that are not palatable to the people.
One such irritant is the treatment meted out to the prisoners of each other country. Innocent people are arrested or
detained on suspicion and thrown in jails to be used as scapegoats. They are not allowed to make contacts with their
people, nor given fair trial, and sometimes, no trial at all. The media and hawks use them to instigate their people
against the other nation.
The custodial death of a Pakistani, Khalid Mahmood, in an Indian Jail is one such example. The Indian police say, he
was a spy. But, the family back home in Pakistan says, he was a cricket fan, who lost his travel documents while in
India. While the Indian police says, he died of an unspecified ailment after due treatments failed but the Dawn, a
Pakistani newspaper reported, he was tortured to death. His body was returned to the family in Pakistan on March 4
and within a fortnight on March 18, Sarbjit Singh clemency appeal was rejected. India feared, it was an act of
retaliation.
This irritant creator is very huge. An Indian diplomat in Islamabad told a reporter that there are 575 Indian prisoners
in Pakistani jails and 200 Pakistanis in Indian jails. Human right groups say the figures are much higher. The two
governments talk, claim to have set up mechanisms but all talks end in no relief to the suffering sections, the
prisoners, languishing in jails without trial and, even, after their terms are done.
In such a scenario, we cannot expect Sarbjit’s release or pardon to be taken lightly. Even Kashmir Singh’s release
has attracted a lot of criticism. The lawyers, the judges and especially, the student activists of Pakistan accuse Ansar
Burney, who was instrumental in his release, as “a shameless self-promoter” who helped President Musharraf to
crush the movement of the lawyers and judges for the restoration of independence of judiciary.He is already under a
public interest litigation and is no more a minister. He could be having some influence with the President but may
have no clout in the anti-Musharraf Ministry of Pakistan’s People Party.
There does not seem to be in existence a strong Human Rights Movement in Pakistan that would stand in support of
an Indian prisoner, dubbed as a terrorist.
Fourth: Judicial scenario. Can we make use of the judiciary once again? No hope. First of all, the options till
Supreme Court have been exhausted and the time for review is over. The review petition by Rana Abdul Hameed,
defense lawyer for Sarbjit retained by the Canada’s South Asian Human Rights Group, was dismissed on September
27,05 on the ground that it was time barred by 620 days. Three more years have gone in between.
Moreover, the Pak authorities will never admit that the judicial process had any procedural defects. This feeling was
conveyed to the then foreign minister on August 24, 2005, when the Minstry of External affairs, India contacted the
Pakistan High Commissioner in Delhi. The Pak diplomat told India that the punishment was given after due process of
law. They recount the events like this.
1) Sarbjit alias Manjeet Singh was arrested by Pakistan’s Mujahid Force on August 30,1990 near the border town of
Kasur in Pakistan, while he was trying to escape back to India after conducting 5 acts of terrorism and killing 14
people.
2) He was handed over to the intelligence authorities.
3) On September 8, 90, he was presented before a magistrate, where he made a confession, telling that he was a
RAW agent, involved in the terrorist acts.
4) On the basis of this confession and the testimony of many eye witnesses, the anti-terrorist court in Lahore gave
him death sentence in December 1991.
5) The Punjab H/Court upheld the judgment.
6) Supreme Court of Pakistan upheld the punishment on August 18, 2005, stating “Sarbjit does not deserve
leniency” and that he should have been given punishment for all the five cases separately.
7) On March 4,2006, the clemency petitions to the Supreme court were dismissed, sealing Sarbjit’s fate.
The only option left was a clemency appeal to the President Musharraf, which was tried with no luck. On March
18,2008, this appeal was rejected and black warrant issued, fixing April 1,08 as the day for hanging, rescheduled to
May 1.
If we question the Pakistani authorities, they will retaliate that this is, also, the procedure that we in India follow.
Fifth: Bilateral Scenario: It is now confirmed that President Musharraf granted one month reprieve to Sarbjit
on the intervention of the government of India. But reprieve is no pardon. Pakistan’s Constitution empowers the
President to grant three reprieves of one month each. Most probably, President Musharraf will use this power, thus
deferring hanging by June end. But he will not use his power under article 45 (to convert death penalty into life term)
to set him free, unless India gives him a deal that the people of Pakistan can digest. News of exchange of terrorists
for Srabjit was in the air for sometime. Government of India had a strong reaction to it. The doors for such a deal
have been closed, once for all, as the ruling party, Congress, has made a scathing attack on the BJP for exchanging
Pakistani terrorists for 189 Indian passengers in a hijacked plane of Air India. (Kandhar episode). It is now a power
issue.
Other than that, to believe that President Musharraf will melt down because of family’s emotional appeal or “strong
public sentiments in India.” or would be cowed down by a threat of “vitiating bilateral relations"
In the first place, this threat was unwarranted. No body would believe that India would break diplomatic ties or end
with on-going peace process to save the life of Sarbjit Singh.
IS ANY WINDOW OPEN? Yes, only one-the Human Right groups. All those human right groups or
activists who come forward shall have an unflinching faith that Sarbjit is not a criminal, he is a victim. If he were a
criminal, involved in acts of terrorism, India’s Union Minister for External Affairs, Pranab Mukherjee would not have
assured the Parliament that “saving Sarbjit’s life was government’s agenda.” Any proof to the contrary would reflect
upon the credibility of the government.
Probably and rather most certainly, Pakistani police, in search of some one named Manjeet Singh or perhaps, some
unidentified perpetrator of blasts, stumbled on Sarbjit Singh and used him as a scapegoat. They used correct judicial
procedures to achieve their unethical goals.
This curtain can only be lifted by human right groups, as it is the only strategy to win the minds and hearts of the
people of Pakistan to view Sarbjit’s case from a different angel-the police adopting unethical means to hide their
weaknesses, a practice used every where.
South Asian Human Right Group of Canada was the first to initiate Save-Sarbjit Campaign. Now some human right
group or groups shall take it to logical conclusion. They shall join the efforts of Ansar Burney, the trusted Pakistani
activist and impress upon the United Nations Human Rights Commission to espouse the cause. It needs to be proved
that this man on death row is Sarbjit, a farmer, nowhere near the scene of blasts when they happened.
Only after the right groups certify his innocence, the people of Pakistan will delink the case from politics and bilateral
irritations. The job of President Musharraf to convert the death penalty into life term paving the way to Sarbjit’s
freedom will be made easier
It is high time for the right groups to use the UN platform to win reprieve, prove his innocence and
secure his freedom. (Ranjit Singh)
| SARBJIT'S WIFE AND DAUGHTERS |
| SARBJIT'S WIFE, SUKHPREET KAUR |
| DALBIR KAUR (SISTER) The most articulate and assertive spokesperson of family |
| Prime Minister, Dr. Manmohan Singh assured, he would take up the matter personally |
| K. NATWAR SINGH Former Foreign Minister, first to take up the matter |
| Misnister of Foreign Affairs PRANAB MUKHERJEE declared "saving Sarbjit's life is government agenda" |
| Parkash Singh Badal Invited Ansar Burney to veriofy Sarbjit's I.D |
| ANSAR BURNEY Human Right Activist anf former minister of Pakistan with Kashmir Singh (Right) |
| ANSAR BURNEY with Sarbjit Family in Bhikiwind village |
| trying to arrange picture of Sheetal Das Kaler |
| Sarbjit's village, Bhikiwind is only 8 miles from Pakistan border |
 | |  | |  | |  |
| President Musharraf of Pakistan, who rejected clemency appeal on March 18,08, resulting in issuance of "Black Warrant." |