Bhullar unlikely to get reprieve, feel home ministry babus
NEW DELHI: Even as Union home minister Sushilkumar Shinde on Tuesday said the Punjab government's plea for commuting Devinder Pal Singh Bhullar's death sentence was being examined, senior home ministry officials do not see much room for a reprieve for Bhullar as all legal options have been exhausted. There are doubts if the Khalistani terrorist's "mental illness" can save him from the gallows, as the Supreme Court order made it clear that the documents submitted to it regarding Bhullar's medical condition "cannot be relied upon for recording a finding that his mental health has deteriorated to such an extent that the sentence awarded to him cannot be executed".
"Many condemned prisoners cite mental illness as a ground for seeking commuting of their death penalty. In fact, it is not unusual for a death row convict to be mentally disturbed. But the court's ruling is the final word," an official said, citing the case of Dhananjoy Chatterjee, the rape-and-murder convict whose mental condition was unsuccessfully cited as a ground for seeking clemency after the Supreme Court turned down his plea against rejection of his mercy petition. Chatterjee was hanged in August, 2004.
"According to the jail manual, the behaviour of a condemned prisoner in jail as well as his mental state prior to, at the time of, and soon after commission of the crime, at the time of his arrest and during the trial, and not just the doctors' diagnosis of his condition during his stay at a mental facility, decides whether he is mentally fit or unfit," a home ministry official said.
Sources did not rule out constitution of a special medical board to examine Bhullar, but said it would have to take all the above factors into consideration.
There is also a view against adopting different yardsticks for terror convicts on the basis of their religious affiliations. "Just like Kasab and Afzal, Bhullar also killed innocent people. Why should he be treated differently?" asked an official, disapproving of attempts to make Bhullar's impending hanging a political issue.
Dismissing Badal's argument that Bhullar should get a reprieve due to law and order implications of the case in Punjab, the official argued that the same was true for Afzal Guru as well. "We were aware of the repercussions that Afzal's hanging would have in Jammu and Kashmir. But we still went ahead, taking all security precautions to arrest the fallout," the official said.
Mindful of Badal government's concerns over the security situation in Punjab, the home ministry has put around 1,500 armed police and paramilitary personnel at the state's disposal to handle any exigencies. Apart from sending five companies of BSF and two companies of RAF, it has allowed Punjab to hold back seven companies of state armed police that were to be deployed for Karnataka polls. The Punjab government has since deployed these troops in Amritsar, Ludhiana and Jalandhar.
"According to the jail manual, the behaviour of a condemned prisoner in jail as well as his mental state prior to, at the time of, and soon after commission of the crime, at the time of his arrest and during the trial, and not just the doctors' diagnosis of his condition during his stay at a mental facility, decides whether he is mentally fit or unfit," a home ministry official said.
Sources did not rule out constitution of a special medical board to examine Bhullar, but said it would have to take all the above factors into consideration.
There is also a view against adopting different yardsticks for terror convicts on the basis of their religious affiliations. "Just like Kasab and Afzal, Bhullar also killed innocent people. Why should he be treated differently?" asked an official, disapproving of attempts to make Bhullar's impending hanging a political issue.
Dismissing Badal's argument that Bhullar should get a reprieve due to law and order implications of the case in Punjab, the official argued that the same was true for Afzal Guru as well. "We were aware of the repercussions that Afzal's hanging would have in Jammu and Kashmir. But we still went ahead, taking all security precautions to arrest the fallout," the official said.
Mindful of Badal government's concerns over the security situation in Punjab, the home ministry has put around 1,500 armed police and paramilitary personnel at the state's disposal to handle any exigencies. Apart from sending five companies of BSF and two companies of RAF, it has allowed Punjab to hold back seven companies of state armed police that were to be deployed for Karnataka polls. The Punjab government has since deployed these troops in Amritsar, Ludhiana and Jalandhar.
Courtesy: The Times of India
