The Voice of Millions Magazine, May 2013 Edition

THE VOICE OF MILLIONS
VOL. XXXVIII No.17
May 7-14, 2013
NEW DELHI
Sarabjit
was killed
inside Cell
Special Report from Islamabad
Information received has
disclosed that the ISI
managed murder of Sarabjit
who had been condemned
unheard in Pakistan. The
reports from Islamabad have
confirmed the facts that
some persons armed with
iron rods, bricks, cutters
entered the condemned cell
where he was sleeping in the
middle of the night. The cell
was unlocked and the culprits
were allowed to enter and
attack Sarabjit in sleep. His
skull was broken and throat
razored by the culprits.
Sarabjit was brought dead to
the hospital. Many jurists have
suggested that the matter
needs to be taken to the
International Court of Justice
so that the Govt. of Pakistan
may be exposed for murdering
the Indian prisoner. The
Panthers Party has warned that
the party shall move the
International Court of Justice
in the Hague in case Indian
Govt. failed to file appropriate
case before ICJ.
The Panthers Party activists
held massive protest against
Pakistan in Jammu, Lucknow,
Jaipur, New Delhi & other
places.
WEEKLY Rs. 5/-
WEB: www.thevoiceofmillions.com
Sarabjit was a mistaken identity
A trial without rule of law
VOM Correspondent
New Delhi, January 5, and English. Speaking on the him. I hope that government
2013:- Incarcerated Indian occasion, Justice Katju said, of both sides will seriously
citizen Sarabjit Singh’s
lawyer in Pakistan Awaish
Sheikh had said that he was
visiting India to reveal the
truth about the case of
Sarabjit.
“I have come here to tell the
truth and I am not afraid of
doing this. I got threats for
becoming lawyer of Sarabjit
but I had to be with humanity
and justice,” he said.
He further said, “By freeing
Sarabjit, Pakistan will offer
the best confidence building
measure to improve ties with
India. He said the gesture will
be a major milestone in IndoPak relations in recent
history. I have come to India
to tell the people about the
truth behind Sarabjit’s case,”
Sheikh said addressing a
press conference here along
with Press Council of India
Chairman Justice Markadey
Katju, Sarabjit’s sister Dalbir
Kaur and Panthers Party
leader Prof. Bhim Singh.
Sheikh, who reached Delhi
via Wagah border today on a
15-day tour, to join the kick
st art of ‘Sarabjit Mukti
Abhiyan’ and official release
of his book launch titled
‘Sarabjit Singh--A Case of
Mistaken Identity (Sarabjit Ki
Ajeeb Dastan) published by
Rajkamal Prakashan in Hindi
“Sarbjit is innocent and
Indian Sub-continent faces a
grim situation of religious
intolerance. It is my strong
view that India, Pakistan
Bangladesh must unite
themselves under secular
governmental framework and
fanatic elements must be
treated with iron hand.”
MD of Rajkamal Prakashan
Ashok Maheshwari said,
“This book will bring the
hidden truth behind Sarabjit’s
story before the world and a
part of the total profit from
the sale of this book will be
devoted to ‘Sarabjit Mukti
Abhiyan.’
Sarabjit’s sister Dalbir Kaur
said when she visit ed
Pakistan last year people said
Sarabjit was innocent. She
said, “I will urge the
government s of both
countries that mere a thin line
on the land has separated my
brother from me. It should not
happen with anyone and I
hope that my brother will be
released one day”.
Talking on the mistaken
identity of Sarabjit Singh,
former union minister and
member of the Free Sarabjit
Committee Kamal Morarka
said, “It would be in the
fit ness of things t hat
President Zardari pardons
take up this matter to
exchange prisoners who have
not done anything wrong, so
that the relation between the
two countries can improve
further.”
Prof. Bhim Singh said he
would be filing a petition in
the Supreme Court of
Pakistan at Islamabad against
Sarabjit’s illegal and malafide
detention. He said that he has
been pleading for hundreds of
Pakistani prisoners before the
Supreme Court of India
which has ordered nearly 200
of them to be repatriated to
Pakistan. Govt. of Pakistan
shall reciprocate India’s good
will gesture, he said.
Finding no response from
the Govt. of Pakistan and the
President, Prof. Bhim Singh,
human rights activist
submitted a writ petition
before the Supreme Court of
Pakistan at Islamabad (the
writ petition is reproduced at
page 7 & 8). Prof. Bhim
Singh had earlier written to
Mr. Zardari, the President of
Pakistan for his intervention
to ensure that justice shall be
done to Sarabjit. Several
human rights activists in
India, Pakistan & Europe
agreed that Sarabjit was a
mistaken identity and he was
framed only for malafide
reasons.
Prof. Bhim Singh addressing distinguished gatherings on the occasion of release of Book
on Sarabjit written by his advocate, Owais Sheikh. Mrs. Balwinder Kaur, Owais Sheikh, Justice
Chamel Singh assaulted inside jail last month. He died. Markandey Katju on January 5, 2013 at Press Club of India, New Delhi
EDITORIAL
EDITORIAL
THE VOICE OF MILLIONS
May 7-14, 2013
2
Attack on Sanaullah undesirable
Vikalp or Alternate Front
Whenever the Congress Governments started showing NPP Chief urges PM’s intervention
decline in delivery of management there grew symptoms
VOM Correspondent
system of wrath and public annoyance. Vikalp emerged
from within the Congress. The reasons could well be
weighed by the analysts and the civil society. In 1977,
Janata Party emerged as Vikalp (Alternative) to the
Congress leadership only when the high ranking
Congress leadership revolted against Mrs. Gandhi’s
Congress rule. Had Shri Jagjivan Ram and Shri H.N.
Bahuguna not revolted and joined Janata Party,
perhaps, the results would have been different. In 1966
when Congress was in power, a young group known as
a young Turks emerged. This young Turks group led by
no person other than the ruling Prime Minister, Smt.
Indira Gandhi defeated the official candidate in the
presidential election. Great stalwarts like Morarji Desai
were shown the way out.
The revolutionary leadership in the Congress suffered
heavily also in the past. In 1939 Netaji Subhash Chander
Bose resigned from the Presidentship of the Congress
party when he could not carry Gandhi ji and some other
leaders with him to launch an offensive against the
British rule. Netaji Subhash Chander Bose chose a
different roadmap to bulldoze the Britishers by his
miraculous escape to Germany via Kabul and then
managed to reach Japan. He created Indian National
Army, INA.
After her suspension from the Indian National Congress
by the Congress President, Mrs. Indira Gandhi, on
January 1, 1978 floated a Vikalp Congress at the lawns
of the Constitution Club with the help of only one
Congress leader, Dev Raj Urs, the then Chief Minister
of Karnataka. It was this Congress which swept the
Parliamentary election after the collapse of Janata party
government. All her rivals started licking the dust on
the streets or surrendered in humiliation to the command
of the iron lady.
During the past decades the new trends in the regional
politics have also gathered storm particularly in the
North-East and Southern States. The present situation,
it appears, has gone much worse than it was in the past
within the working and management of the Congress
Party. No doubt BJP has been struggling to plant its
seedlings in the East and the South. It has also
undertaken effective measures to wear the secular
clothing in spite of Gujarat & Madhya Pradesh. There
is sufficient uneasiness within the BJP supports the
political analysts that party may try to survive by
undergoing a kind of surgery within the party as it has
been happening with the Congress in the past. The fact
is, both, the Congress as well as BJP are suffering from
indigestion and may undergo some kinds of surgeries.
There is a likelihood that Congress leadership might
revolt to break the present status quo. This may effect
the composition in the ranks and files of the BJP also.
The irony is that the regional leadership has been
working under pressure and may not be able to carry
the younger generations with them. Shri Mulayam Singh
was ideal choice to lead the Vikalp Morcha. His public
relation have neither wit nor capacity to promote his
styles with the public at large. He has not been able to
make up his mind, though, the battle has started. Ms.
Mayawati has different problem. Ms. Jayalalitha has
not been able to understand the language of Delhi. Shri
Chandrababu Naidu had all qualities of being a national
leader but Andhra shall not let it happen.
Sanaullah leading the musical band in a show
inside Kot Bhalwal Jail, Jammu this year
Prof. Bhim Singh has urged
Dr. Manmohan Singh, the
Prime Minister of India for
his immediate intervention
to ensure the safety and
security of the Pakistani
prisoners languishing in
various Indian jails. He had
warned that reaction might
follow and cause concern
for the Pakistani prisoners
in the Indian jails. Prof.
Bhim Singh strongly
condemned the Govt. of
J&K led by Mr. Omar
Abdullah for the lapse of
appropriate security to the
Pakistani prisoners in the
State jails.
In his urgent letter addressed
to the Prime Minister Prof.
Bhim Singh demanded Prime
Minist er ’s
immediate
intervention to ensure that
security of the Pak or POK
prisoners is assured. Prof.
Bhim Singh also appealed to
the people of India and
particularly the youth to keep
thousands of years’ high
moral and cultural values of
India. In the great culture of
India no innocent person can
be punished for the offence or
offences committed by his
master or his relatives or
countrymen. He said that
those prisoners lodged in
Indian jails are not
responsible for the death of
Sarabjit. It was Govt. of
Pakistan which needs to be
taken care and not a prisoner
(Sanaullah) from Sialkote in
Kotbhalwal Jail, Jammu. The
letter is reproduced as under:“I had warned the Govt. of
India that the security of the
Pakistani prisoners in the
Indian jails needs to be
tightened keeping in view the
sentiments of the people in
India following the brutal
murder of Sarabjit Singh in
Lahore prison.
The Panthers Party has
strongly condemned the
brutal assassination of
Sarabjit Singh inside his
condemned cell in Lahore
prison. I would like to request
your honour to take
appropriate action so that the
Indian prisoners in Pakistani
jails may feel secured and
safe.
Besides, there was every
likelihood of reaction in the
Indian jails against the
Pakistani
and
POK
prisoners. What happened in
Kotbhalwal Jail, Jammu this
morning could have been
avoided had the government
of J&K taken appropriate
preventive steps? I urged the
Hon’ble Prime Minister for
his urgent intervention to
ensure the saf ety of the
prisoners in Indian jails
where they have been
detained even after having
completed their respective
sentences. I am looking after
the cases pending in the
Supreme Court of India for
the release of over 200
Pakistani prisoners in Indian
jails. I have been receiving
continues calls from Pakistan
and
other
countries
requesting to take up the
matter on the security of
Pakistani prisoners.
Hon’ble Prime Minister India
is the largest democracy in
the world with a million years
depth of its civilization and
culture. The people of India
are proud of their cultural
heritage and generally do not
believe in vengeance or in
violence against the innocent
people. This appeal should
emanate from the Prime
Minister to the people and
particularly the youth to
exercise restrain on their
emotions so that no innocent
person is harmed in India. It
is the Govt. of Pakistan which
is responsible for the brutal
assassination of Sarabjit and
not the Pakistani prisoners
lodged in the Indian jails.
This wave of hatred which
was let loose in 1947 must
come to an end so that Indian
sub-continent may breath
cool air so that the present
and next generations may live
in peace and human dignity.
What is happened in
Kotbhalwal Jail against a
Pakistani prisoner deserves
all condemnations and the
action must be taken against
the Omar Abdullah’s
government which cannot be
absolved of its vicarious
responsibility.
I hope and trust that prompt
action in this regard may be
taken particularly in the
jails where Pakistani
prisoners are lodged, many
of whom, are awaiting
repatriation as directed by
the Supreme Court on the
writ petition filed by the
State Legal Aid Committee.
The sensitive jails include
Amritsar,
Sangroor,
Kotbhalwal,
Naini
(Allahabad), Central Jail
Lucknow, Tihar Jail,
Central Jail Jodhpur.”
****
THE VOICE OF MILLIONS
May 7-14, 2013
3
There shall be no peace unless Gandhi ji’s Sabarmati
working class is treated with dignity Ashram speaks in silence
By VOM Correspondent
By VOM Correspondent
National Panthers Party
joined the international
celebration of May Day
hoping that India and all its
provinces (including J&K)
shall
respect
the
international guarantee of
human rights and labour
laws so that every citizen in
India shall feel the taste of
human dignity and
equality. This was the
resolution carried by a
special May Day session
held by the National
Panthers Party at Jantar
Mantar, New Delhi.
Prof. Bhim Singh, Chief
Patron of National Panthers
Party expressed deep concern
on the growing division of
classes and people in the
country which shall prove a
disaster to peace and
democracy in India. Prof.
Bhim Singh said that neocapitalist-bureaucratic class
has emerged in the country
whose children are being
given colonial education in
the so-called private schools
like Sanskriti & G.D. Goenka
where entry fee is fixed under
the table in lacs. A child of a
labourer st udies in a
government school having no
equipment or sitting facilities
even. A child of a labourer
and farmer going to t he
government schools cannot
match a child of a capitalist,
bureaucrat or a class-1
officer. The majority of the
children of the working class
taste the neglect from the day
one when they enter the
school and watch ot her
children studying in special
care through the video &
television. This shall add to a
worse class conflict in future
unless appropriate remedial
measures are taken by the
politicians surviving at the
mercy of multinationals and
privileged bureaucrats.
Prof. Bhim Singh also
expressed shock that even
minimum wages act has not
been implemented in J&K.
He said that laws which suit
the ruling clique in J&K are
taken in without any delay
and implemented in J&K
whereas those laws which
favour the general public but
do not suit the privileged
class of the ruling party are
kept out on the pretext self
rule under the excuse of
Article 370.
Prof. Bhim Singh said that the
labour class which include
India’s 80% farmers have
been living the life of the
‘wretched of the earth’ and
have been neglected in every
sphere of development. Their
children have no source to
even purchase their books.
‘Mid Day Meal’ is the
biggest fraud being
committed with the
children of labourers &
farmers class. This is
mockery of the entire
working class and a joke with
their future. Can a child
looking for Mid Day Meal in
school match a child studying
in Sanskriti or Goenka like
schools in the country?
Prof. Bhim Singh said that
90% populat ion in t he
country belongs to the labour
and farmers class whereas
they have literally no
representation in the Rajya
Sabha and not even an iota of
representat ion in t he
Parliament .
This
discrimination must end so
that the democracy survives
in India. He appealed to the
working class to join the
Samool Kranti which is the
only way to realize equality
and equity for all through
ballot.
Panthers Party also
organized May Day Special
meetings in Jammu,
Srinagar, Lucknow, Jaipur,
Chandigarh, Gautam Budh
Nagar, Telangana, Chennai
and other places.
***
Banks of the river Sabarmati
were chosen by Mahatma
Gandhi in his home state,
Gujarat to continue t he
message of revolution unto
the people of Indian subcontinent. In his Sabarmati
Ashram Gandhi ji’s charkha
still continue to spin
delivering his message of
love, food for all, education
and human development with
dignified living, a cycle of
events that continues to
address the people of India
and the globe.
Gandhi ji was thrown out first
class compartment while he
was travelling in a train in
South Africa for the reason
that he was a coloured man.
An English man wrote a
st rong man to Gandhi ji
asking him to go back to his
country and find out
discrimination in his own
society by his own people in
India. After two decades
Gandhi ji left South Africa,
returned to India and started
his Ashram on the banks of
Sabarmati River to start his
first
batt le
against
discrimination in the name of
caste in Gujarat. From
untouchables to Harijans as
he called them, Gandhi ji
started a fight finding that
human discriminat ion in
India was worse than the
discrimination of British rule.
He went to Kashmir to gather
information about the steps
Maharaja Hari Singh had
taken
to
remove
untouchability and give them
grace and dignity in J&K.
Maharaja Hari Singh was the
first to take this daring step
to bring justice and equality
in J&K. Gandhi ji could not
succeed to persuade other
state rulers to follow
Maharaja Hari Singh.
Anyway, Gandhi ji succeeded
to influence the Constituent
Assembly
to
take
constitutional measures to
end the seedlings of casteism
in the country in order to
ensure that India grows as a
harmonious nation with
equity and equality to all.
This is the message from
Sabarmati Ashram which I
would like to transmit to my
friends from Gujarat.
How Gandhi ji would have
felt this day t o see that
Sabarmati has no drop of
water left today. Sabarmati in
some years to come may
become a mini-desert.
Several people visit t he
Ashram every day. It is like
walking on the burning sands
of Western Sahara when the
visitors have to walk from
one corridor to another. The
local people attending sound
great. Their commentary on
Gandhi ji’s charkha spinning
spirit is highly enlightened.
How long this Ashram shall
keep on carrying the message
of Gandhi ji without
Sabarmati’s cool breeze
wherefrom the cool breeze
shall blow without waters in
the Sabarmati?
The three monkeys Miss Gandhi ji most in his
Sarbarmati Ashram as Sabarmati has no drop to drink
THE VOICE OF MILLIONS
May 7-14, 2013
4
Glimpses of
Buckingham Palace
in General’s
daughter wedding
VOM Correspondent
29th April, 2013 shall be
written in the hist ory of
grandeur
of
Indian
democracy when General
V.K. Singh’s friends, foes,
bitter critics and admirers
gathered at the cantonment
house to greet Yogja, the
younger daughter of General
V.K. Singh on her wedding
day.
Many who were present were
expressing pleasant surprise
and, of course, expressing
their good wishes to the
wounded lion who was
displaced by some of those
who were shaking hand with
the General and offering best
wishes.
Defence Minister A.K.
Antony in his fully composed
form was seen greet ing
several guests and keeping
his smiles flowering. The
entry of former Law Minister
& predominent advocate,
Shri Ram Jethmalani
followed by Janata Party
leader Swami Subramanium
and then Dr. Ved Pratap
Vaidik added further glamour
to the recept ion ground
decorated with red carpets.
The presence of Shahi Imam
of Zama Masjid Delhi
embracing Baba Ramdev one
side of the reception ground
made several guests stand and
cheer. It might be the first gettogether of two opposite
poles. Anna Hazare’s entry
with a guldasta was not less
impressive than those who
had greeted the General. In
another sofa was sitting most
favoured judge of t he
Supreme Court, Justice Tirath
Singh Thakur. Justice Mishra
of Delhi High Court was
sharing the sofa with Justice
Thakur. The Defence
Secretary did not miss the
opport unit y to greet t he
General. The present Chief of
the Army Staff, General
Bikram Singh with equally
warm shake hand greeted his
predecessor in the lawns of
the house which was
glittering
like
t he
Buckingham Palace in
London. The former Foreign
Minister Shri Jaswant Singh
was received by General V.K.
Singh also. When a TV
Correspondent asked Prof.
Bhim Singh to comment, he
said, “This is the beauty of
democracy in India and the
fruits of cultural heritage
that we have been reaping
since ages.”
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THE VOICE OF MILLIONS
May 7-14, 2013
5
Sovereignty
of Syria is
paramount
By Nasreen Hamid
The Parliament of Syria
responding to the call of Dr.
Bashar-al-Assad, President of
Syria has affirmed the faith
and commitment of t he
people of Syria that there
shall be no compromise on
the sovereignty, unity and
integrity of Syria. Syria is
among a few Arab countries
which has elected Head of the
State and elected Parliament.
Several countries of the world
including India, Russian
Federation and China have
warned the int ernational
community against any
interference in the domestic
affairs of Syria and hoped that
peace shall return to the
disturbed areas only when the
foreign armed men wosuld
withdraw from the scene.
Several organisations in
India including the
National Panthers Party
condemned the attack on
the Syrian Territory by
Israel and called it as
aggression against the
Member State.
Several groups of people and
social
and
political
organisations including Delhi
Pradesh Panthers Party, last
week,
presented
a
Dr. Bashar-al-Assad, President of Syria waving his victory hand to the people
memorandum for the
President of Syria to Mr. Riad
Abbas, the Ambassador of
Syrian Republic in India.
There was a big welcome to
the statement of the Russian
Federation Foreign Minister
when he declared that it will
not allow Iraq to be repeated
in Syria. He accused the
countries raising the bogey of
chemical weapons as he said
that there was no proof at all
that any chemical weapon
was being used by the Syrian
forces at any stage. The
BRICS countries in their
meeting held in Dublin,
South Africa last month had
expressed solidarity with the
leadership of Syria.
SC notice to UOI & J&K Govt. on
Surrender & Rehabilitation Policy
Legal Correspondent
A Division Bench of the
Supreme Court of India
comprising JJ Mr. R.M.
Lodha & Mr. Sharad Arvind
Bobde issued two weeks’
notice to Union of India and
Govt. of J&K on a writ
pet ition filed by J&K
National Pant hers Party
seeking direct ion of t he
Supreme Court to quash the
‘Surrender
&
Rehabilitation Policy’ of
Govt. of J&K dated
22.11.2010 by t he Omar
Abdullah’s government.
Prof. Bhim Singh, Sr.
Advocate appearing for the
Panthers Party presented a
reply filed by Mr. Omar
Abdullah, Chief Minister of
J&K on the floors of the
Assembly on 11 th March,
2013 in which the Chief
Minister had admitted that
241 militants/terrorists
returned to J&K via Nepal
without any valid document.
Prof. Bhim Singh submitted
in the court that this policy
was framed by Mr. Omar
Abdullah with deliberate
at tempt to call back t he
terrorists who had voluntarily
taken Pakistani nationality
and now the Govt. of J&K
has worked out a foxy
scheme to bring them back to
J&K to resurrect the dying
militancy in the State. He said
that the Government of India
was equally responsible for
allowing
foreigners
(Pakistani nationals) to return
to India via Nepal by using
fake identity cards issued by
the Govt. of J&K. Prof. Bhim
Singh vehemently argued that
the
Surrender
&
Rehabilitation Policy was
meant for Kashmiri boys only
and not for Pakistani or other
foreign nationals. He said that
security of the country stands
threatened under this policy
and Govt. of J&K is
criminally liable for such a
treasonous act.
It is relevant to mention
that the Chief Minister of
J&K had admitted on the
floors of the Assembly that
241 militants had entered
J&K via Nepal. He also
admitted that their entry
was illegal and against the
declared
policy.
“a). No ex-militant has
returned from Pak/POK to
the State t hrough t he
identified routes under the
‘Policy and Procedure for
Return of Ex-militants to
Jammu and Kashmir State”
not ified by the State
Government vide Govt.
Order No. Home-1376(ISA)
of 2010 dated 23.11.2010.
During the past three years
and the current year up-to
15th February, 2013, 241 exmilitants/t errorist s have
returned illegally via Nepal
and other routes along with
their family members. Their
year-wise number is given
below:-
b). During 2010, 29 exmilitants have returned from
Pak/POK of whom five exmilitants have brought their
wives and children with
them.
c). During 2011, 54 exmilitants have return from
Pak/POK of whom 16 exmilitants have brought their
wives and children with
them.
d). During 2012, 150 exmilitants have returned from
Pak/POK of whom 90 exmilitants have brought their
wives and children with
them.
e). During 2013 up-to 15th
February 2013, 08 exmilitants have returned from
Pak/POK of whom 02 exmilitants have brought their
wives and children with
them.
f). 1089 applications have
been received on behalf of the
ex- milit ant s/prospect ive
returnees who are willing to
return
under
t he
aforementioned policy. Out
of these, 191 cases have been
recommended for return. The
rest of the applications are
being scrut inized and
verified.
Since no ex-militant has
returned t hrough t he
identified routes under the
aforesaid policy after
fulfillment of the conditions
prescribed in the policy, they
are not eligible for any
assistance or rehabilitation.
Therefore, no assistance can
be provided for their
rehabilitation.
g). Reportedly, around 3974
ultras are still living in POK/
Pak.
The Chief Minister declared
that the State Government
will continue with its efforts
for implementation of the
policy to facilitate the return
of youth desirous to return to
the State under the aforesaid
policy.
THE VOICE OF MILLIONS
May 7-14, 2013
6
Read
Bhim Singh’s
globetrotting on
Motorcycle
Now Available
at Book Shops
& Libraries
in
English, Hindi
& Urdu
French, Arabic
& Spanish
Editions
under print
‘Peace is my passion’
Bhim Singh
Bhim Singh’s hair-raising account of his five years globetrotting
on motorcycle, full of unimaginable encounters and estonishing
adventures that youngsters would share with a great revolutionary
spirited globetrotter through his book, ‘Peace Mission, Around
the World on Motorcycle’ which was released by HRD Minister, Shri
Arjun Singh on January 8, 2009 at India International Centre, New
Delhi. Dr. Karan Singh remarked, "This book will be of interest
to adventurous young people, not only in India but around the
world. The spirit of adventure and the zest for exploration is an
important part of the consciousness of every young man and woman,
but there are few people like Bhim Singh who have actualised it
in their youth. I commend the book to adventure lovers in India
and around the world".
THE VOICE OF MILLIONS
May 7-14, 2013
7
IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD
EXTRAORDINARY ORIGINAL WRIT PETITION
WRIT OF HABEAS CORPUS NO._________/2013
IN THE MATTER OF:
Sarabjit Singh, Indian Prisoner,
Presently in Central Jail Lahore, Pakistan
Through Prof. Bhim Singh
Sr. Executive Member, Supreme Court Bar Association
& Chairman, State Legal Aid Committee
Presently at 17, V.P. House, Rafi Marg, New Delhi-110001
Versus
1.
The Govt. of Islamic Republic of Pakistan
Through the Federal Secretary,
Ministry of Law & Justice
Islamabad (Pakistan)
2.
The Superintendent
Central Jail, Lahore, Pakistan
3.
The Govt. of Islamic Republic of Pakistan
Through the Foreign Secretary,
Ministry of Foreign Affairs
Foreign Office Bldg, Near Serena Hotel,
Constitutional Avenue, G-5,
Islamabad (Pakistan)
AND IN THE MATTER OF:
WRIT PETITION UNDER ARTICLE 184 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, SECTION
491 OF CRIMINAL PROCEDURE CODE AND AMONG OTHER PROVISIONS OF THE CONSTITUTION OF THE ISLAMIC
REPUBLIC OF PAKISTAN FOR THE ISSUANCE OF APPROPRIATE ORDER, DIRECTION OR, WRIT FOR THE
IMMEDIATE RELEASE OF AN INDIAN PRISONER, SARABJIT SINGH WHO HAS BEEN LANGUISHING IN PAKISTANI
PRISON FOR MORE THAN TWO DECADES. AND FOR FURTHER DIRECTION TO CONSIDER THE REPRESENTATION
MADE BY PROF. BHIM SINGH TO THE HON’BLE PRESIDENTS OF PAKISTAN IN 2009.
TO,
THE HON’BLE CHIEF JUSTICE OF ISLAMIC REPUBLIC PAKISTAN
AND HIS COMPANION JUDGES OF THE HON’BLE SUPREME COURT OF ISLAMIC REPUBLIC OF PAKISTAN.
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED.
This writ petition was filed by Prof.
Bhim Singh on 23.02.2013 which was
likely to be heard in June, 2013
MOST RESPECTFULLY SUBMITS:1.
That this writ petition is being filed by Prof. Bhim Singh, Sr. Advocate, Supreme Court of India, Sr. Executive Member of
Supreme Court Bar Association (SCBA) & Executive Chairman, State Legal Aid Committee, J&K who has been constantly
fighting for the human and fundamental rights of the prisoners from India as well as Pakistan for decades.
2.
The Supreme Court of India by invoking the command of Article 21 of the Constitution of India on the writ petitions filed
by Prof. Bhim Singh and by the State Legal Aid Committee has quashed detentions and set several Pakistani prisoners free.
Several of them are likely to be repatriated to Pakistan in couple of months. A latest judgment/order of the Supreme Court
of India in writ petition no.310/2005 filed under Article 32 of the Constitution of India, titled as Prof. Bhim Singh Vs.
Union of India & Ors is marked here as Annexure-P1 (Colly). This is for the information of the Hon’ble Supreme Court of
Pakistan.
3.
That this petitioner made exclusive appeals to the Presidents of Islamic Republic of Pakistan in 2008 and again in 2009
seeking intervention of the Hon’ble President of Pakistan for the release of an Indian prisoner namely, Sarabjit Singh who
was sentenced on mistaken identity. The petitions have not been considered till date.
4.
An Indian citizen Sarabjit Singh was detained in Lahore on the intervening night 29/30th August, 1990. At the time of arrest
there was no FIR registered against him. There was an FIR, already registered, against one Manjit Singh. This was a
travesty of rule of law that Sarabjit Singh was slapped under FIR registered against Manjit Singh. It was a clear case of
mistaken identity.
5.
That Mr. Sarabjit Singh was put on a casual trial without assistance of any senior legal counsel or legal assistance just to
fulfill the rituals.
6.
That Sarabjit Singh was not provided a lawyer of his choice nor he was granted an opportunity to seek legal assistance from
India via his family. There was no evidence available with the prosecution either, nor any witness was cross-examined as he
did not had a lawyer.
7.
His appeal from the Lower Court to the High Court was also not prepared by any legal counsel in consultation with him.
8.
That Mr. Sarabjit Singh was not given an opportunity to choose his lawyer. A proxy counsel who was supposed to defend
Sarabjit Singh had never sought a single legal interview with Sarabjit Singh during his trial.
...Contd. at page-8
THE VOICE OF MILLIONS
May 7-14, 2013
RNI No. 28551/75
8
Sarabjit writ petition in Supreme Court of
Pakistan, Islamabad by Prof. Bhim Singh
...Contd. from page-7
9.
That both, the principles of natural justice and established norms in
International Laws were thrown into the dustbin while conducting the
so-called trial because Mr. Sarabjit Singh was not served any chargesheet even.
10. That Mr. Sarabjit Singh was not allowed to contact his friends or
relatives in India for the mala fide reasons that the prosecution did not
want to provide him any opportunity to defend himself.
11. That it is also established fact that the person wanted by the prosecution
was not Sarabjit Singh but Manjit Singh. This is evident from the FIR.
It was a clear case of mistaken identity. Because the prosecution wanted
to demonstrate deterrence by sentencing Sarabjit Singh to death.
12. That this matter deserves special attention of the Hon’ble Supreme Court
of the Islamic Republic of Pakistan where a world-famed Chief Justice
namely, Justice Iftikhar Choudhary sits on the seat of judgment. This
petitioner has an occasion to fight for the cause of justice in several
courts of the world, UK, Iraq, UN Criminal Tribunal in the Hague and
feel sure that justice shall flow from the Supreme Court of Islamic
Republic of Pakistan which is headed by Hon’ble Chief Justice, Justice
Iftikhar Choudhary.
13. This petition is made to ensure delivery of justice to somebody who
has been suffering for 24 years as condemned without a fair trial in a
Condemned Cell without any medical care or proper food. He has
already completed life imprisonment and therefore deserves justice.
14. That this petitioner being a humanist and a champion of human rights
who has demonstrated his commitment and courage to ensure safe return
of hundreds of Pak prisoners who infiltrated into India with ulterior
motive. I would like to pray to the Hon’ble Supreme Court of Islamic
Republic of Pakistan for intervention to ensure delivery of justice to
Sarabjit Singh, who has been languishing in Pakistani jail for over 24
years.
15. That Lord Chief Justice of Pakistan, Justice Iftikhar Choudhary during
an International Conference in London expressed his opinion that “to
ensure that justice is done and done with prejudice to none and that
shall have to be apparent on the face of it.”
16. This petition is of extraordinary nature and deserves extraordinary
attention of the Chief Justice of Pakistan who has not delivered justice
to the suffering people but has suffered himself to seek justice from the
power that be. With this submission the petitioner would like to pray.
PRAYER
That the Hon’ble Supreme Court of Islamic Republic of Pakistan may
Justice Iftikhar Mohd. Choudhary, Chief Justice of Pakistan
graciously be pleased to;
a).
issue an appropriate writ, direction, order directing the respondents to set Mr. Sarabjit Singh at liberty forthwith
in the interest of justice, equity and rule of law and universal command of UN Charter on Human Rights.
b).
direct the Hon’ble President of Pakistan to consider the petitions moved by this petitioner in 2009, a copy of
which has been annexed with this petition.
c).
To issue any other writ, order or direction as this Hon’ble Court deems fit and proper in the facts and
circumstances of the present case.
SETTLED & FILED BY:
(PROF. BHIM SINGH)
DATED: 23/02/2013
SR. ADVOCATE
PLACE : NEW DELHI
Sr. EXECUTIVE MEMBER, SCBA
This writ petition was filed in the Supreme Court of Pakistan after seeking instructions from the Registrar of the
Supreme Court of Pakistan at Islamabad. The petition was mailed online, besides, it was sent by Speed Post as
well. The petition was duly received and it was likely to be heard any day.
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