MANHATTEN: An appeal was filed before the second New West Circuit Court of ‘Appeal in Manhattan on November 26, 1986 on behalf of Dr. Gurpartap Singh Birk. The appeal which was heard by U.S. Judges Timbers, Pratt, and Altimari, was filed by Dr. Virk’s counselor, Wileliam Kunisler, the famous civil rights advocate who had Been defending Virk in this case. Dr. Virk former Computer Engineer was acquitted by Federal Jury involvement in the conspiracy to assassinate Indian Prime Minister Rajiv Gandhi during his visit in June, 1985. He was, however, held guilty of the charges of conspiring to violate US. Neutrality Act and conspiring to transport explosives over the state border, both are Federal offences. They were also found not guilty for soliciting to overthrow the government of India.

The Judge Charles Sifton had sentenced him to serve seven year term, three years for the first violation and four for the second. This sentence was described by lawyers including Mr. William Kuntsler, very “harsh and animalistic”, Before the Appeal’s Court the counselor argued that the government has not shown beyond reasonable doubt that Dr. Gurpartap Singh Birk knew that the explosives were to be transported over the state line. He said that since the government has not conclusively shown the first charge of Dr. Birk’s of conspiring to transport explosives cover the state line should be nullified. The prosecutor charged before Rose, who handled the original case, did not present the case here and the case was presented by Diane Hellerst in student of Columbia Law School who had helped to build the original case. He said that it was reasonably feasible that Dr. Birk was aware of the explosives. On being questioned by the Judge about how was it so he said that the government evidence showed it was reasonably feasible and did not cite any specific instance. The second argument presented by Mr. Kuntsler before that in the original trial evidence of what happened in New Orleans was allowed to be presented before the court. The counselor said that it should not have been introduced. “This was not supposed to be done,” he said.

Dr. Birk and four others have been accused of attempting to Kill Bhajan Lal, the then Chief Minof Haryana and present Minster of Environment in India, during his visit to the U.S. for an eye operation in New Orleans, They ‘were arrested outside a hotel on May9, 1985 and some arms allegedly were recovered from them, ‘This case has not been yet tied because of controversy whether this case should be tried under the Federal law. The prosecution has said that the case be tried under Federal law whereas the defendant argued that it should be tried under the state laws.

The Counselor’s third argument was that Dr. Virk has been sent enced to four years for violation of US. Neutrality Act whereas for breaking of which he should have been sentenced to maximum of three years. “There is a normality in that issue”, the prosecutor Hellerstin said that he thought that Dr. Virk has been rightly convicted in the case. The Sikh leader was present throughout the appeal. S. Baldey Singh, Secretary of The Sikh Cultural Society, Richmond, told World Sikh News that he was confident that the appeal judges. Would right the wrong done to Dr. Birk in the previous trial.

Article extracted from this publication >> December 5, 1986