Prof. Davinderpal Singh Bhullar

Bhai Devinderpal Singh Bhullar has been imprisoned since 1995; he was given the death penalty by majority of the Supreme Court of India in 2002. The case against him is based on an unsubstantiated confession allegedly obtained under torture and threat of death. Despite this the two judges who upheld the death sentence have found this confession admissible. The presiding judge of the three-judge bench however acquitted the accused, finding that he was not guilty of any crimes against the state.

Forced Confession

Mr Bhullar wrote to the court at the first opportunity of release from police custody to judicial custody, claiming that the ‘confession’ was involuntary and obtained under torture and fear of death. There has been no recovery of any incriminating evidence against Mr Bhullar and there has been no identification by any individual of the accused in connection with any case.

No Evidence

The case against him is based on information that is highly dubious. No corroborative evidence has been offered by the prosecution. None of the 133 witnesses produced by the prosecution identified him with regards to any of the charges against him.

In order to come to a safe decision in any criminal case the court must find the facts, evidence and witnesses collaborating beyond reasonable doubt, however these most basic legal rules have been suspended by the Supreme Court of India in the case of Mr Bhullar.

While he was waiting for the death sentence, Mr Bhullar was convicted of other charges by the Punjab Police. However an Indian high court judge acquitted Mr Bhullar on the basis of lack of evidence, the judge held that there was no evidence on file to link the accused with the alleged crimes. Despite the fact that the prosecution had 15 years to gather evidence against Mr Bhullar, they were unable to produce any evidence linking Mr Bhullar to the case against him.

Irrespective of this Mr Bhullar has been sentenced to death by execution.