On 5th June 2009, I faxed 6 paged communiqué to Supreme Court of India followed by an RTI application same day asking to provide copy of documents showing action taken on my fax sent. Since the matter concerned the life of an individual, I had invoked relevant provision of RTI Act which oblige PIO to furnish info sought within 48 hours of receipt of RTI application.
On 12th June, I received a letter from Supreme Court of India. Among other things, it stated, in persuant to six paged letter to SC, it has vide its ref no. Dy No 4579/ SC/ PIL/ 20085 (5106/2009), dt 9th June, 2009, given direction to the Secretary of Ministry of Home Affairs, Govt of India, to take appropriate action in this regard.
I have reasons to believe that had there been no RTI filed, no Cognizance would ever have been taken.
May click this link to have access to 6 paged communiqué.
Copy of letter sent:
5th June 2009.
To,
The Hon Supreme Court of India
New Delhi
From,
Sandeep Jalan,
Janhit Manch, Kuber Bhuvan, Bajaj Rd, Vile Parle West, Mumbai-56.
Reg: An Indian facing death Sentence in Pakistan- Sarabjit a case of Mistaken identity.
A person guilty of heinous crime of killing innocent civilians and terrorising the whole society deserves no sympathy, nonetheless the guilt has been established beyond reasonable doubt by a competent court of Jurisdiction. This is the bare minimum.
According to information obtained from Ministry of External thru RTI, consular access to Indian High Commission was provided on 30th August 2005 after his death sentence was upheld by the Hon Supreme Court of Pakistan on 18th of August. Ref no. Q/RTI/551/113/2008 dt 27th may 2008.
Legally and ideally, International laws requires that Consular access should have been made available to sarabjit as soon as he was arrested.
In the backdrop of sarabjit case facing death sentence in Pakistan, his family members have duly brought to the notice of PMO of the fact glaring irregularity of mistaken identity.
The Govt of India instead of seeking unconditional release for the irregularity as stated hereinbefore are seeking clemency for him and thereby submitting that sarabjit is guilty and will inevitably make more difficult his release.
Even leading Human Rights minister of Pakistan Ansar Burney endorses the view that he is being an mistaken identity.
So I request you to take cognizance of the issue involving a life of innocent Indian exercise the powers vested in you and issue directions to Govt of India to take all such measures necessary for the safe release of Sarabjit.
Relevant News Reports Attached.
Hindutan Times: 30/04/08
Sarabjit’s kin return; top terrorist against his release:
Back home after spending one-week in Pakistan, the family of Sarabjit Singh — Indian death row prisoner in that country — now pins hopes on the move of the Yusuf Raza Gilani’s government to abolish death sentence. “We hope that the Pakistan government would amend the law to abolish death sentence during the next three weeks and this would help Sarabjit among 6,000 other death row prisoners, to evade death sentence,” said Dalbir Kaur, sister of Sarabjit, minutes after stepping into Indian-territory on Tuesday. Sister Dalbir Kaur, who met Sarabjit along with other family members at Kotlakhpat jail in Lahore, said she spent 48 minutes with him after a gap of 18 years.
“I could not even hug my brother and he could not hug his daughters, since he was kept separated by bars. It was very tough time for him when he met his family members and he was struggling hard to hold back his tears,” she said. “During the meeting, Sarabjit himself prepared tea for his family in the jail and we took it with sweets. Later, he also offered us cold drinks,” Kaur recalled.
Elaborating on their visit Dalbir said that the plight of an ‘innocent’ prisoner’s family moved one of the key witnesses Shakuat Salim to pour out his heart before a section of media that on the instances of prosecution agency he had recorded false testimony against Sarabjit.
She said that during their 48 minutes emotional meeting with Sarabjit at the jail in Lahore, her brother disclosed that the prosecution agency had done a grave injustice with him by destroying the file containing proofs about his innocence during the trials.
Kaur said that the families of victims of bomb blasts with which Sarabjit has been charged, knew nothing about the culprit behind the heinous crime and some of them had developed venomous hatred against Sarabjit on the basis of ‘misleading facts’ put forth by Pakistan security agencies.
“Now another deferment in his execution is off course a positive development, as we can hope that he would come back home safe, shortly,” said Sar0abjit’s wife Sukhpreet Kaur.
Poonam, who was barely one and half month old since her father went missing, was feeling satisfied to see him. “Papa wanted to hug each one of us but iron bars of the prison cell restricted him,” she said.
Meanwhile, Hafiz Muhammad Saeed, chief of the Jamaat-ud-Dawa, the parent wing of the Lashkar-e-Tayyeba, has come out against any move to free death row prisoner and Indian national Sarabjit Singh.
In a statement posted on the Jamaat website, Saeed said freeing Sarabjit would be equivalent to “ridiculing” the country’s courts.
Indian Express: 24/ 03/ 08
Pak minister presses new Govt to release Sarabjit
Islamabad, March 24: Pakistan's incoming government should convert the death sentence of Indian national Sarabjit Singh into life imprisonment on "humanitarian grounds" and ensure his early release, caretaker Human Rights Minister Ansar Burney said on Monday.
President Pervez Musharraf had on March 19 deferred the hanging of Sarabjit, scheduled for April 1, by 30 days after receiving an appeal for clemency from the Indian government and the condemned man's family.
Burney, a leading human rights activist, requested the incoming government and prime minister-designate Yousuf Raza Gillani to convert Sarabjit's death sentence into life imprisonment as he had "spent more than a life sentence on death row in Pakistani jails", which was "worse than hell".
He also called for the early release on humanitarian grounds of Sarabjit, who has been held in Pakistani jails for 18 years. Burney said he would not allow the government to hang a person for "reportedly mistaken identity".
Sarabjit was sentenced to death in 1991 for his alleged involvement in four bomb blasts in Lahore and Multan that killed 14 people. His family denies he is a spy as claimed by Pakistan and insists he accidentally strayed into Pakistani territory.
The mercy petition of Sarabjit, who Pakistan claims is Manjit Singh, was rejected by Musharraf on March 3. Sarabjit's mercy petition was sent to the President along with that of Indian prisoner Kashmir Singh, who was pardoned and freed after spending 35 years on death row in Pakistani jails.
Pakistan's Supreme Court too rejected Sarabjit's plea for clemency in March 2006.
Burney said he expected the new government to continue improving the human rights situation in Pakistan as necessary reforms had already been initiated at various levels.
"I would also like to request for jail reforms and the stopping of human trafficking and slavery," he said.
Condemned prisoners who had spent over 10 years in jails should be pardoned and their death sentences converted into life imprisonment as prisoners cannot be given two sentences for the same crime, he pointed out.
Tangible steps also need to be taken at the earliest to ensure schooling and proper upbringing of juvenile delinquents and children who accompany their imprisoned mothers, he said.
The Hindu- March 17, 2008
Sarabjit Singh’s family, Punjab government turn to Manmohan
Amritsar/Chandigarh: Shocked by the news of a death warrant reportedly being served on Indian prisoner Sarabjit Singh, his family and the Punjab government on Sunday urged Prime Minister Manmohan Singh to immediately take up the matter with the Pakistan government.
Sarabjit’s sister, Dalbir Kaur, rushed to New Delhi where she is scheduled to meet Union Home Minister Shivraj Patil. She also sought an audience with UPA chairperson Sonia Gandhi and Congress general secretary Rahul Gandhi, besides the Prime Minister.
Punjab Chief Minister Parkash Singh Badal’s media advisor Harcharan Singh Bains said “the State government is working hard to get in touch with the Prime Minister so he can take up the issue with the Pakistani authorities, keeping in view the relations between the two neighbours.”
“Mistaken identity” Dalbir Kaur told PTI: “I have only one brother and his name is Sarabjit Singh; not Manjit Singh. He is innocent and it is a case of mistaken identity.”
She appealed to the Pakistani authorities to make a humanitarian gesture and release him like the way they did in the case of Kashmir Singh.
Mr. Bains said the State government agreed with the family’s view that it was a case of mistaken identity.
“Even if Sarabjit is guilty, Pakistan must be magnanimous for the betterment of peace in the subcontinent,” he said.
Pall of gloom A pall of gloom descended on Sarabjit’s Bhikiwind border village of Amritsar district with the womenfolk almost in a state of mourning.
“I will repeatedly say that my husband is innocent and he never committed the act alleged by Pakistani police. He is very humble and down to earth and could never snatch the life of any human being,” Sarabjit’s wife, Sukhpreet Kaur, told reporters.
Still optimistic She said the family was still optimistic about his repatriation and urged President Pratibha Patil, Dr. Singh and the Union Home Minister to talk with Pakistan President Pervez Musharraf on the matter. “The Pakistan government has repatriated Kashmir Singh and now it’s time for [the retired General] Musharraf to show kindness and extend clemency to my husband and Allah will bless them,” Ms. Sukhpreet said. — PTI
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