NEW YORK: A supplemental petition for Haleas Corpus on behalf of Sukhminder Singh and Ranjit Singh Gill was filed before Hon. Robert W. Sweet of the District New York on February 1.
The supplemental briefs listed various arguments which could not have been discussed before the magistrate.
The briefs give additional documentation about the persecution they are likely to face if they were ever to return to India. This would include torture and even death, according to Ronald Kuby, a lawyer for the respondents. The other part of the brief details the shocking misconduct of prosecutor Judy Russell who was arrested by the Federal Bureau of Investigation for sending threatening letters to herself and the magistrate.
Govt Lawyers Misconduct
The attorneys for the respondents argue that the misconduct of the government lawyer constitutes. in this particular case an absolute bar to extradition.
Alternatively the brief contends that it was a mistake on the magistrates part to deny the government’s motion to vacate the proceedings.
According to the doctrine of specialty the brief contends that if Sukhminder Singh and Ranjit Singh Gill were to be extradicted then they would be tried under Terrorist and Disruptive Activities Actin India. But their extradition was not sought under this act and therefore they should not be extradited.
Continued Danger In India
The briefs also gives new evidence of continued danger and to the lives of Sukhminder Singh and Ranjit Singh Gill were they ever to go to India. If they returned they would face procedures antipathetic to any American court.
It also deals with the changes in the so called confession which was used to frame the respondents.
It also contents that Sukhminder Singh and Ranjit Singh Gill should be granted refugee status since there is a well-founded belief that they will be subject to inhuman treatment if they were to return to India.
Article extracted from this publication >> February 17, 1989
