The Secretary of State U.S. Department of State, Washington, D.C.
Subject: Representation for withdrawal of extradition proceedings against Ranjit Singh Gill and Sukhminder Singh Sandhu, now lodged in New York Correctional Center.
Sir,
- This representation pertains to the U.S. Department of State sponsored proceedings pending against Ranjit Singh Gill and Sukhminder Singh Sandhu, now lodged in the Metropolitan Correctional Center, 150 Park Row, New York.
- The two young Sikhs are wanted by the Government of India in a number of alleged criminal cases registered against them in India.
Sukhminder Singh alias Sukhi has been involved by the Indian police in the following cases:
(a) Ahmedabad bank robbery and conspiracy to commit robbery under sections 392and 120/B of the Indian Penal code (IPC) January 6, 1986.
(b) Udaipur (Rajasthan State) murder, attempted murder and murder in furtherance of a common intention u/s 34, 302 & 307 IPC (April 6, 1986) in which two police officers were shot dead while an Executive Magistrate and a police officer were injured.
(c) Bombay bank robbery and conspiracy to commit robbery u/s 392 and 120/B IPC (April 28, 1986).
(d) Wrongful confinement in furtherance of a common intention at Bombay of two police officer’s u/s 342 and 34 IPC (May 3, 1986).
(e) Conspiracy to commit murder of General A.S. Vaidya u/s 302 and 120/B IPC at Pune, Maharashtra State (August 10, 1986).
Ranjit Singh Gill alias Kuki has allegedly been involved for murder, attempted murder and murder in furtherance of a common intention in the assassination of Lalit Maken the then Member of Indian Parliament (M.P.), at New Delhi on July 31, 1985 u/s 34, 302 and 307 IPC.
- The Indian Government has persistently been trying to arrest Sandhu and Gill. They were first sought to be implicated in the following cases:
(a) A.P. Pandey attempted murder and conspiracy to commit murder in furtherance of a common intention u/s 307 and 120/B IPC and 3/4 T.A.D.A. at Ludhiana, Punjab (July 9, 1985).
(b) Double murder case, FIR No. 202 dated July 12, 1985 u/s 302 and 34 IPC at Ludhiana (Punjab).
Both these cases however collapsed one after the other. In respect of the Pandey (attempt to murder) case a judicial committee comprising four officials was set up by the Punjab government. The committee after verifying facts concluded that no case was made out against Gill or Sandhu. It, therefore recommended withdrawal of the case. A special court set up under the TADA in fact went into the merits of the charges against Gill and Sandhu and in its judgment stated that these two young men were not involved in any conspiracy.
In so far as the Rattan Singh and Harjit Singh double murder case is concerned the Punjab government it withdrew the criminal case for want of evidence.
In the Vaidya murder case, it has judicially been established that Sukhminder Singh Sandhu had no role to play. Ranjit Singh Gill’s name is nowhere mentioned in connection with this case.
The co-accused of Sandhu namely Sukhdev Singh Sukha and Harjinder Singh Hinda have been sentenced to death under TADA for their alleged involvement in the assassination of General Vaidya on October 21, 1989 by the Designated court, Pune in Maharashtra.
The Designated Judge in his judgment observed: “24 All the accused denied the charge and claimed to be tried, firstly on a defense of simple denial. However, after the charge was framed Sukhdev Singh alias Sukha (accused no. 1) on 19th September, 1988 expressed his desire to make a statement before the court to the effect that he is the man who killed General A.S. Vaidya. He made this statement in the open court. He was granted eight days’ time to think over the matter and give a detailed written statement to that effect if he so desired. Accordingly on September 26th, 1988 he gave his written statement (Ex 60-A) wherein he has admitted that he fired four bullets and it is he who killed General A.S. Vaidya. He also admitted that though he did not intend to hurt Smt Bhanumati Vaidya but she was injured by one of the bullets.
“25. Although the learned defense counsel tried his best to defend Jinda i.e. Harjinder Singh (accused no 5) but during the course of examination under section 313 of the Criminal Procedure Code, 1973 Harjinder Singh alias Jinda gave a clear cut admission (Ex 921) that he and Sukhdev Singh were riding on black Ind Suzuki motorcycle and while Sukha killed General A.S. Vaidya by firing the bullets from the pistol, he was the person who was driving that Ind-Suzuki motorcycle.”
The court while awarding capital punishment on basis of these confessional statements ruled out the possibility of any conspiracy to commit murder of General Vaidya. Thus the Court held:
“61 Therefore, the effect of the assement of all this evidence would be that none of the conspirators had come and stayed in Pune in the period between 23rd January 1986 and 26th January 1986, as alleged by the prosecution.
“107. Taking stock of all the circumstances, as produced by the prosecution, I have to again say that there is absolutely no evidence to show that any time there was a conspiracy.”
While observing that there was no conspiracy, the court also said: “That is why lastly, he has fairly admitted that when he did not see Vikas Goyal any time writing anything he could not say that the words DIB-1437 were written in the handwriting of Vikas Goyal. This evidence of Bhullar disproves the prosecution case in order to connect Sukhi (Sukhminder Singh Sandhu) in the name of Vikas Goyal with writing of DIB-1437 on the Novel.
Regarding the alleged confessional statement of Sukhdev Singh Sukha recorded on December 4, 1986 under section 164, Criminal Procedure Code by S.L. Khatade, Judicial Magistrate Criminal Court, Kirkee, and Pune the Designated Judge, Mr. V.K. Ruikar added:
”But it seems to me that all the police officers since Mr. A.I Pathan, Police Inspector (PW146) had influence over the Judicial Magistrate First Class, Mr. S.L Khatade (PW-148), this work of recording of the confession was undertaken by Mr A.I Pathan, the then Inspector of Pimpri Police Station with the sole purpose of extracting confession from Sukhdev Singh alias Sukha.
“Accordingly the evidence of Mr. S.L Khatade Judicial Magistrate First Class, Kirkee shows that he recorded the confession of Sukhdev Singh alias Sukha. If we have a look at the said confession it will show as if there is nothing disclosed as regards any information in relation to the offense in Pimpri case. A farce was made of this confession which is found to have recorded in respect of all other offenses of all other crimes in India, except the Pimpri case. That is the reason why the evidence of both, Mr. A.I. Pathan, Police Inspector and the Magistrate Mr. S.L. Khatade, was condemned by me in the trial of the Pimpri case, regarding which the evidence of confession was disbelieved by me. Against this decision the State went in appeal to the Supreme Court, which ultimately and finally was upheld by the finding in respect of this confession being not voluntary and not truthful. Therefore, in the background of these circumstances, the learned Special Public Prosecutor, Mr. S.G. Samant, has conceded that the prosecution did not want to rely upon the piece of evidence of confession because it has been finally held that it was not voluntary and true…
Despite this unambiguous verdict, the Government of India wants your Government to believe that Sandhu is involved in the Vaidya case.
The allegations of Ranjit Singh Gill’s involvement in the Maken murder case are based solely on the alleged confessional statement of Sukhdev Singh Sukha before S.L Khatade, Judicial Magistrate 1st class in Pimpri case. But both in the Vaidya murder and the Pimpri cases, the designated court, Pune and the Supreme Court of India respectively disbelieved the so called confessional statement. The Supreme Court observed in the Pimpri Appeal case that the confession was neither voluntary nor truthful and that the Police Officer concerned had influenced the Judicial Magistrate.
As a matter of fact, all the cases against Sukhminder Singh Sandhu (on the basis of which his extradition is sought) are founded on the so called confessional statement of Sukhdev Singh Sukha before Magistrate S.L. Khatada. The circumstantial evidence connecting Sandhu and Gill with all the cases against them respectively has been forged and fabricated only after the confessional statement and their arrest in the US.
- The fact is that both Sandhu and Gill are important leaders of All India Sikh Students Federation, an organization of students which is 4 nonparty political arm of the Sikh Movement in Punjab. It has been proved through judicial courts or on the basis of official record that implication of Sandhu and Gill in various criminal cases appears to be false. The motive seems to be to use these important functionaries of the AISSF as hostages pending efforts to strike an unequal and forced political deal.
The U.S Government could not be aware of the AISSF and its demand for a separate sovereign State of Khalistan,
The Indian State is fighting in a determined and ruthless manner against the demand for Khalistan. In the Soviet Union, no one is proceeded against for pleading for self-determination or eyen secession from that country. But in India, it is a crime tribal with Capital Punishment to raise the demand for secession. Those who stand for such a belief are summarily executed in faked encounters or are tortured and imprisoned for years, without trial.
- The issue for your consideration is not a limited or a narrow problem of the extradition (of the two young Sikhs. Punjab is in ferment. The turmoil in Punjab, in turn, is not an isolated phenomenon of terrorism. As is falsely sought to be projected by the Government of India. The phenomenon is rooted in man’s urge for freedom, democracy and social justice. No wonder, Punjab like situations emerged in Afghanistan, Kashmir, Azerbaijan, Armenia, Romania, Poland, Czechoslovakia and elsewhere. Similar problems are bound to arise all over the world, unless these are pre-empted by greater amount of freedom, democracy and social justice.
- Your government will be surprised to know that the Indian Government itself does not have a narrow view of the issues at stake. Delhi is not much bothered about any individual’s involvement in any criminality. Had it been the case, it would have by now arrested and tried men like Rajiv Gandhi, H.K.L. Bhagat, Bhajan Lal and hundreds other Congress (I) men, officers and men of India’s armed forces for extra-judicially killing thousands of Sikhs. There is plenty of evidence of such killings collected by organizations, such as Amnesty International, People’s Union for Democratic Rights, People’s Union for Civil Liberties, Punjab Human Rights Organization.
In fact, the Indian Government is not losing sleep in the matter of the alleged murders of non-Sikhs at the hands of Sikhs either. No wonder, it withdrew criminal cases against Simranjit Singh Mann, now President of Akali Dal (Mann), Atinderpal Singh, the then Chief of Khalistan Liberation Organization. Both these gentlemen were said to be involved in the Indira Gandhi murder case. Atinderpal Singh was also charged with certain cases of bomb blasts aimed at demolishing India’s Parliament House in Delhi. Grave criminal cases of waging war against the Indian Army against hundreds of Jodhpur detainees belonging to the AISSF and Damdami Taksal were withdrawn by the Government of India in recent months.
The real issue is that youngmen like Gill and Sandhu are not willing to give up their right to seek and agitate for self-determination for Sikhs and are not willing to share power on government of India’s terms. Gill and Sandhu are the children of a wider world phenomenon.
We, therefore, recommend that your Government take a decision in keeping with the noble traditions of your freedom and democracy loving nation and not be guided or goaded by any other consideration.
This is not to suggest that your government absolve the two men of any charge of violating any of your country’s laws of which, we are not aware.
Otherwise you may set Sandhu and Gill free and allow them to stay in the USA or go to the country of their choice. Their lives will be in peril if they are sent to India.
Thanking you,
Yours Faithfully
February 7, 1990
Sukhdev Singh, Journalist,
President
Mohinder Singh Jawanda
Agriculturist
Vice-President
Dr. Gurbachan Singh Mavi
Agricultural Scientist,
Vice-President
Dr. (Mrs) Manjit Kaur Dhillon
Professor of Home Science
Punjab Agricultural University
Vice-President
DS Gill, Advocate
General Secretary, PHRO
Dr. Rajinder Pal Singh
Sociologist,
Organizing Secretary
Gurbhajan Singh Gill
Former Deputy Superintendent
of Police
Co-ordination Secretary
Mohinder Singh Grewal
Advocate
Secretary, Public Relations
Text of representation made by P.H.R.O to the U.S.
Government regarding extradition proceedings against
AISSF leaders. Raniit Sinch Gill and S.S. Sandhu.
Article extracted from this publication >> March 23, 1990
