Death sentence of Devinder Pal Singh Bhullar

Crime

On 11 September 1993, a car bomb using RDX explosive detonated by remote control outside the Indian Youth Congress offices on Raisina Road in New Delhi, killing nine people. The intended target was Maninder Singh Bitta, a vocal critic of Khalistani separatists, who was leaving the building in his car; he survived with shrapnel wounds to his chest, but two of his bodyguards died. Authorities named Bhullar as the bomber, and the prosecution claimed he belonged to the proscribed Khalistan Liberation Force, though his family and friends denied this.

Bhullar's sympathizers argued he was targeted for supporting the Khalistani separatist cause and speaking out against injustices in Punjab during the 1980s, including missing students, Operation Woodrose, and the 1984 Sikh killings. At the appellate stage, a 2–1 majority found him guilty, with the two judges upholding the death sentence deeming his confession admissible. The dissenting presiding judge acquitted him, finding insufficient evidence linking him to the attack and doubting the confession's authenticity, but the other judges convicted him, stating that proof beyond reasonable doubt should be a guideline, not a fetish.

Flight to Germany and attempted asylum

After the bombing, Bhullar fled to Germany in December 1994 and sought political asylum. The German government rejected his plea in 1995 and extradited him to India on the conditions of a fair trial and no capital punishment. Upon his return to India in 1995, he was arrested and prosecuted under the Terrorism and Disruptive Activities Act (TADA). He has been in prison on death row for two decades since his deportation.

Confession

After being handed over to Delhi police by airline staff, Bhullar was detained. Police alleged he volunteered a confession that was typed on a computer while he spoke, but the secretary forgot to save the file.

Court proceedings

Bhullar was prosecuted for the 1993 car bombing and found guilty by the trial court, receiving a death sentence by hanging on 25 August 2001; the other accused were acquitted. He was then taken before an executive magistrate, but the confession document was not sent to the magistrate beforehand as required by TADA, though the magistrate asked if he had made the confession. Bhullar wrote to the court that the confession was involuntary and obtained under torture and fear of death.

In a 2002 review, an appeals court upheld the death sentence by a 2–1 split verdict; the presiding judge voted to overturn it because prosecution testimony conflicted with Bhullar's confession, but the other judges upheld the penalty, noting the confession had not been sent to the magistrate and Bhullar had withdrawn it. While awaiting execution, Bhullar was convicted of other charges by Punjab Police, but on 1 December 2006 the Chandigarh and Haryana High Court acquitted him due to lack of evidence, with the judge stating no evidence linked him to those crimes despite 15 years for the prosecution to gather it.

His review petition was dismissed on 17 December 2002, and a curative petition was rejected by the Supreme Court on 12 March 2003.

Did You Know?

• The Chief Minister of Delhi, Arvind Kejriwal, wrote to the President of India recommending clemency for Bhullar.
• The European Parliament passed a resolution urging India to abolish the death penalty and grant clemency to Bhullar.