OAKDALE (LOUISIANA): In a bond hearing on June 28, 1991, Judge Kevin R. McHugh denied the bond for Dr. Gurpartap Singh Birk. The denial was mainly based upon the testimony of Mr. Kinny, an FBI agent from Pennsylvania. Mr. Kinny told the court that according to secret information given by somebody. Dr. Birk was planning to make an arms deal while he was in U.S. Penitentiary at Lewisburg, Pennsylvania. Kinny said that if Dr. Birk was released on bond, he would be dangerous to the public. On the basis that the information was confidential, no proof of these charges was provided to the court.

In May 1985, Dr. Birk was arrested in New Orleans on the charge to conspire and kill Bhajan Lal, an Indian government official who was in New Orleans for eye surgery. Later in New York, Dr. Birk was charged in the conspiracy to assassinate Rajiv Gandhi, the then Prime Minister of India during the visit to USA in June 1985.

Dr. Birk was, however, proved innocent in the conspiracy to kill Gandhi, and got a sentence of 10 years & 1 day for the conspiracy to kill Lal in New Orleans, In this case, on April 7, 1991, Dr. Birk accepted an Alford plea in which he had right to maintain his innocence while at the same time accepting the sentence without any trial.

Dr. Birk spent more than a year in New Orleans prison. He was then transferred to Lewisburg, where he spend four and half years. In Feb.1991 he was transferred to Federal Correctional Institution Oakdale, a very small town in Louisiana about 200 miles west of New Orleans. Ironically on May 24, 1991 the day Mr. Rajiv Gandhi was cremated, Dr. Birk was released from the prison, since then he is in the custody of the Immigration authorities for his deportation to England.

The first bond hearing was on June 24. From New Orleans, the defense attorneys: Mr. R. Schumann (a trial expert working in this field since 1950) and Mr. Tom Adams (locally considered as William Kuntsler of New Orleans in immigration matters) were working in behalf of Dr .Birk. A local Sikh. Mr. Amolak Singh, from New Orleans, was the character witness for Dr. Birk. During his testimony Singh told the court that Dr. Birk is a responsible person and would like to live in USA like are specter person, Singh said, “Your honor, I understand that during 1984 Dr. Birk, like any other Sikh, was hurt by the attack on the Golden Temple and by the killing of Sikhs in New Delhi after Mrs. Gandhi’s assassination. During this time, while talking to the undercover agent, he crossed the line of the law and consequently paid the price for it. In my opinion Dr. Birk has learned a lot from this experience and he deserves to be free on a reasonable bond.”

The Judge McHugh showed a great concern and asked, “Do you think Mr. Lal would be safe, if he visited USA in future?” Singh replied, “The Sikh Community does not believe in committing violent acts. I can say that as for as Dr. Birk is concerned I don’t expect any such problem. However, to be honest I must say, your honor, that the relations of the Sikh Community with some political leaders such as Mr. Lal are not healthy. Therefore, in such cases appropriate security is necessary for such visitors”.

Mr. Adams told the court, “Judge my client is a green card-holder since January 1983. He has a Ph.D. degree in bio medical computer science and had an excellent record as an engineer before May 1985. In addition the Lewisburg prison authority holds a very high opinion of Dr. Birk. On all these grounds, Judge, I believe he has the right to stay in this country.”

At the end of the day, Judge McHugh was convinced to release Dr. Birk and told the public prosecutor that if by 4 p.m. June 27, 91 you get no solid evidence of Dr. Birk being dangerous, he would set a bond for him at 8:30 a.m. on June 28.

On June 28, the previous prosecutor was removed and special staff from Washington took over the case. Mr. Norris, an undercover FBI agent who worked with Dr. Birk during 1984, was the witness on the phone from Idaho. His opinion was based upon his dealings during 1984/85 and therefor was challenged by the defense attorneys. The second witness Mr. Kinney was challenged as well, on the ground that had no proof of Dr. Birk’s involvement in any arms deal while he was in Lewisburg. Mr. Schoemann asked Mr. Kinny that if he (Kinny) had proof of these charges, why don’t we charge Dr. Birk again as we did in 1985. Mr. Schoemann continued saying,” “This is like a court in some in some third world country where the witness can hide and tell the judge to hang Mr. So And so, without giving any proof to the court.” Mr Kinney said that due to some confidentiality involved he was not able to answer this, Mr .Adams objected saying 10 the judge,” Judge, when we are asking some question, Mr. Kinney first looks at the prosecutor and then raphes according to the hints he receives, This test unfair.” Mr. Kinny replied that he was expecting the prosecutor to object to such questions.

Defense attorney’s again asked Mr. Amolak Singh about Dr. Birk’s involvement in arms deal while he was in prison. Mr. Adams asked Singh”, during your visits to Dr. Birk did he ever discuss the arms deal with you?” Singh said,” No sir, he never discuss anything like that”, Adams asked again,” then what were you discussing during your visit?” Singh said,” just general topics as what Sikhs were doing in New Orleans. How is the construction of Sikh Temple was in New Orleans or what Sikhs can do to create a good image in the American Public Mr. Schoemann asked Singh, what you think about Dr. Birk’s wanting to obtain C4 explosive. Singh said, Sir C4 explosive, as we all heard over the phone from an expert from Baton Rouge, is only available to U.S. Army. I don’t see any practicality in this thought; we are not in the shoes of Mr. North as far as access to the U.S .Army is concerned. Dr. Birk was unfortunately trapped into this situation in 1985 and in my opinion he is an innocent person.”

After this the prosecutor took seriously the word innocent and both sides argued in this area for some time.

For this clarification Dr. Birk was again called by the prosecutor for testimony and asked, your witness said that you are innocent. What would you say? Dr. Birk replied, I respect the verdict of the court about me, In Mr. Singh’s opinion 1am innocent and in Mr. Norris opinion lam not, [have no control over their opinions.

At 12:30 p.m. the judge denied the bond. WSN spoke to Dr. Birk immediately after the court proceedings. He said. I am content and satisfied with the defense. It is not a matter of whether I stay in USA or in UK, It is matter of principle. If they don’t give any proof to the court, I will seek justice from a higher court in USA .

Article extracted from this publication >> July 5, 1991