New Delhi,June 27 – Prof. Bhim Singh, Chairman, State Legal Aid Committee and a noted human rights senior counsel today urged. Asif Ali Zardari, the President of Pakistan to show magnanimity and compassion in case of Mr. Sarabjit Singh who stands condemned by the Supreme Court of Pakistan by pardoning him.
Prof. Bhim Singh in his letter reminded the President of Pakistan about his petitions in the Supreme Court of India seeking release of hundreds of Pakistani militants in Indian Jails and said that and if he as an individual could seek justice to the Pakistani boys, why can’t the President of Pakistan show magnanimity and compassion as a matter of reciprocity. He urged the President of Pakistan that bartering of the human beings is neither desirable nor forms part of human culture and civilization.
Prof. Bhim Singh also reminded President Zardari through a letter of Late Mrs. Benazir Bhutto her appreciation about Prof. Bhim Singh’s contributions in the field of human rights.
Prof. Bhim Singh also sought permission to visit Pakistan and file a second review petition in the Supreme Court of Pakistan. He said that Sarabjit is innocent and he shall get the benefit of his innocence. The following is the text of the letter addressing the President of Pakistan as under:-
"1 I am taking this privilege to urge the President of Pakistan to use his benevolent offices and exercise his constitutional power to intervene in case of Mr. Sarabjit Singh by granting him pardon who has been sentenced to death by the Supreme Court of Pakistan and his review petition has been rejected. He has been languishing in Lahore Jail, Pakistan for the past 23 years or so.
a). I have reasons to believe that Mr. Sarabjit Singh was put on a casual trial without the assistance of any serious legal counsel or legal assistance just to fulfill the rituals.
b). There was no evidence available with the prosecution either. Nor any witness was cross-examined as he did not had a lawyer.
c). His appeal from the Lower Court to the High Court was also not prepared by any legal counsel nor Mr. Sarabjit Singh was 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.
d). Both the principles of natural justice and established norms in International Laws were sacrificed in conducting the so-called trial because Mr. Sarabjit Singh was not served any charge sheet even nor informed about his sentence to enable him to arrange his defence.
e). 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.
f). It is also established that the person wanted by the prosecution was not the same as Sarabjit Singh. It was a mistaken (deliberately) identity because the prosecution wanted to demonstrate a deterrence by sentencing Mr. Sarabjit Singh to death who came to their hands.
g). That your predecessor had demonstrated his benevolence by extending the date of execution of Sarabjit Singh in the beginning.
h). Any hasty step to hang an innocent Sarabjit Singh shall amount to a ‘judicial murder’. Wisdom lies in daring and President Zardari has both, wisdom and courage to ensure delivery of justice to somebody who has been suffering for years in a Condemned Cell without any medical care or proper food or a fair trial. He has already completed his life imprisonment and therefore he cannot be punished twice.
i). I am also sending material in connection with the writ petitions which I have filed in the Supreme Court of India for the release of nearly 250 young men from ‘POK’ and ‘Pakistan’ who infiltrated into Jammu and Kashmir with guns to sabotage peace and kill us. These documents clearly established the supremacy of the rule of law in India. It was on these writ petitions which State Legal Aid Committee headed by me had filed in the Hon’ble Supreme Court of India against the continued detention of hundreds of Pakistani boys. More than 150 boys have been released and are back in Pakistan. Several writ petitions are still pending before the Supreme Court. In April, 2008, the Supreme Court of India directed the Government of India and the Government of Jammu and Kashmir to provide the status report about those prisoners from Pakistan who were directed by the Supreme Court to be deported.
j). The Supreme Court of Pakistan last week rejected a review petition of Sarabjit Singh which he had filed from his prison cell where he had spent more than 23 years in a solitary cell. Unfortunately, he had, in fact, no legal counsel to defend him. As disclosed by some relatives of Sarabjit Singh, his counsel, a junior lawyer did not appear in the court. This was ‘non-review’ in fact and matters require an ‘independent’ review by Your Excellency.
k). Your Excellency may appreciate that nearly 150 boys from your country have been released and deported back to Pakistan by the Government of India in pursuance to the directions and the orders of the Apex Court, the Supreme Court of India on my petition.
l). I am also sending some orders of the Supreme Court of India of over 50 such Pakistani ‘infiltrators’ whose names have been recommended by the Government of Jammu and Kashmir for deportation to Pakistan. I am also sending some orders/judgements of the Supreme Court of India and other material in this regard.
If I, as an individual or ordinary social and human rights activist can ensure freedom to hundreds of Pak boys who admittedly came to India to sabotage peace, Your Excellency is the Constitutional Head of Pakistan with authority to ‘pardon’ vested in you. May I hope for justice from a person who has suffered himself for years?
I as a humanist and a champion of human rights who has demonstrated his sincerity and courage to ensure safe return of hundreds of infiltrators from Pakistan would like to urge the President of Pakistan for his intervention to ensure delivery of justice to S. Sarabjit Singh, who has been denied a fair trial.
I hope and trust that President of Pakistan may find it gracious to reciprocate by granting ‘pardon’ to S. Sarabjit Singh in the interest of safeguarding principles of natural justice. This shall be a rare gesture to build confidence between the two peoples.
I also would like to request Your Excellency to grant me an opportunity to meet Your Excellency. Let human beings not be bartered away. Let the rulers show compassion and goodwill on both sides.
I am sure Your Excellency may be pleased to take appropriate measure to grant ‘pardon’ to a young man about whom ‘no’ charges have been established".