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Sarabjit Singh, also known as Manjit singh is an Indian national who was falsely convicted for his involvement in 1990 serial bomb blasts in Lahore and Multan that killed 14 people. The Pakistani courts have sentenced him to death by hanging despite evidences to prove his innocence and appeals by the Indian Government and human rights activists and organisations from around the world - particularly by Pakistani activist Ansar Burney.

It is thought that the decision by the Pakistani Government to hang Sarabjit is based purely on the immense internal pressure by the country’s extremists after the tragic death of a Pakistani cricket fan Khalid Mahmood, who had gone to India to watch a cricket match in 2005, but was arrested for overstaying his visa by 13 months and died in prison; and after the release of Kashmir Singh, an Indian national released from Pakistani prison after 35 years.

The extremist lobby in Pakistan played up the case by laying on the sentiments of the Pakistani people, completely ignoring the fact that an Indian national had also died in Pakistani prison only a few days later.

Sarabjit Singh is likely to be hanged on May 1, 2008.

Prosecution Case

On August 24, 2005,Foreign Office spokesman Naeem Khan said that ‘The alleged Indian agent Manjit Singh confessed his involvement in bomb blasts in Pakistan whose all evidences were presented in court’.

According to the record, he was arrested red handed during crossing the border in August 1990 near the Kasur. Nine days later, he was produced before a magistrate as ‘Manjit Singh’, a man wanted for acts of terrorism in Pakistan. Before the magistrate, Manjit confessed to his crime. Also Pakistan says he was working for the Indian intelligence agency RAW (Research and Analysis Wing ) when he was arrested in Lahore.

He was awarded the death penalty by the Anti-Terrorist Court in 1991, based on the original confession he had made before a magistrate. His sentence was upheld by the High Court and later by the Supreme Court. He was likely to be hanged on May 2008. The Supreme Court rejected his mercy petition in March 2006 and upheld the death sentence. President Pervez Musharraf had rejected his mercy petition on March 3.

Arguments by Ansar Burney

After appeals by the family and the Government of India, the leading human rights activist and senior lawyer of Pakistan Ansar Burney took on the case of Sarabjit Singh.

After studying the case files, Burney made an appeal to the President of Pakistan making several arguments in favour of Sarabjit, arguments that he said proved that the case against him was very weak and against the settled principles of law.

He said that: Sarabjit Singh was arrested on 30 August 1990 at Kasur for illegally crossing the border – he had not been arrested red handed, he was not arrested in connection to terrorism, he was not arrested with anything incriminating. In fact, he was arrested with only the following in his possession: a Casio watch, a torch, Pak Rs. 653 and Shalwaar Kameez suits for his wife.

After 8 days of torture, Sarabjit Singh was forced to ‘confess’ that he was responsible for the bombings – but Burney argued that the confession was made against set rules and regulations; and that a confession made while he was in custody and under torture held no evidentiary value in the eyes of the law.

Burney also pointed out that a key witness in the trial, a man named Shaukat Salim, stated recently on TV that he had been forced to testify against Sarabjit by the Pakistani police, even though he had never seen him in his life.

Other witnesses in the trial also gave contradictory statements and thus their testimonies were dismissed by the court.

Sarabjit Singh was also never presented in an Identity Parade; instead he was introduced to the witnesses as the culprit.

There were many other doubts, irregularities and illegalities in the case – and Burney argued that in such circumstances, there was a settled principle of law that the benefit of doubt should always go to the accused; but even with so many doubts and illegalities in the case, he was sentenced to death.

Burney also pointed out that Sarabjit’s mercy appeals in the Supreme Court of Pakistan were only rejected because they had been submitted late by the jail authorities.

With nothing substantial to prove Sarabjit’s guilt and so much to prove his innocence, Burney requested that the President of Pakistan grant him mercy.

Visit of his family to Pakistan

Later on the Government of Pakistan has given seven-day visa to Manjit’s family to visit Lahore and Nankana Sahib.

We are hopeful that the government of Pakistan will release Manjit Singh after reviewing his death sentence and our visit to Pakistan will not prove futile.”Manjit’s wife Sukh Prit Kaur, who was accompanied by his two daughters Swapan Deep and Poonam Kaur, a sister and a paternal uncle, expressed the hope at Gurdwara Dera Sahib after her arrival in the city via Wagah on Wednesday.

References

• The daily DAWN, March 18,2008.
• The daily DAWN, March 20,2008.
• The daily DAWN, April 24,2008.
• The daily DAWN, August 26,2005.
• The daily DAWN, August 29,2005.

• Pakistani witness says Sarabjit Singh was framed by Pakistani Police