Sukhwinder Singh Bhatti
Encyclopedia
Sukhwinder Singh Bhatti was a criminal defense attorney in Sangrur
district of Punjab
, India
, and the district's leading defense lawyer for individuals accused of crimes under the Terrorist and Disruptive Activities (Prevention) Act
(TADA). TADA was a law in effect from 1985 to 1995 that authorized the preventative detention of persons for up to two years in Punjab based only on suspicion of certain crimes done with the intent to cause terror. The law also established in camera
courts, and under Section 21, detainees charged with certain crimes were presumed guilty until proven innocent.
ordered the Central Bureau of Investigation
(CBI) to investigate his disappearance. However, in March 1997 the CBI inquiry concluded that the location of Mr. Bhatti could not be determined nor liability for his disappearance established. Though the CBI report describes extensive evidence indicating police responsibility for the disappearance, they concluded that the case be closed as untraced. The High Court subsequently dismissed the case.
Though another case was initiated before the Supreme Court in 1994, the inquiry ordered into the disappearance of Mr. Bhatti by the Court has proceeded in an irregular fashion, and no action has been taken by the Court since April 2004.
Sukhwinder Singh Bhatti's case is one of many disappearances that have been communicated to the UN Working Group on Enforced and Involuntary Disappearances by various human rights organizations over the past several years. The Working Group, formed in 1980, has dealt with thousands of such cases in several countries.
Sukhwinder Singh Bhatti was one of several human rights lawyers and activists who were allegedly murdered or disappeared by Punjab police. Others include Jaswant Singh Khalra
, Ranbir Singh Mansahia, Jagwinder Singh, and Kulwant Singh (along with his family). A protection order for Punjab human rights lawyers was even secured in a court case in 1994.
Sangrur
Sangrur is a city in the Indian state of Punjab, India. It is the headquarters of the Sangrur district. It is located at the intersection of the roads connecting Delhi with Ludhiana and Patiala with Bathinda, at a distance of 80 km from Ludhiana and 48 km from Patiala. The...
district of Punjab
Punjab (India)
Punjab ) is a state in the northwest of the Republic of India, forming part of the larger Punjab region. The state is bordered by the Indian states of Himachal Pradesh to the east, Haryana to the south and southeast and Rajasthan to the southwest as well as the Pakistani province of Punjab to the...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, and the district's leading defense lawyer for individuals accused of crimes under the Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities Act, commonly known as TADA, was an Indian law active between 1985 and 1995 for the prevention of terrorist activities in Punjab. It came into effect on 23 May 1985. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing...
(TADA). TADA was a law in effect from 1985 to 1995 that authorized the preventative detention of persons for up to two years in Punjab based only on suspicion of certain crimes done with the intent to cause terror. The law also established in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
courts, and under Section 21, detainees charged with certain crimes were presumed guilty until proven innocent.
Human Rights and the Punjab Police
Mr. Bhatti also represented victims of human rights abuses perpetrated by the Punjab police. In particular, Mr. Bhatti defended against a new strategy used by the police starting in 1993: a production warrant would be applied for and received, which would allow them to remove individuals accused in TADA cases from jail, whereupon police would kill them in "fake encounters." Mr. Bhatti argued that "fake encounter" was a euphemism for extrajudicial executions. He filed writ petitions in the High Court and secured orders preventing the Superintendent of Jail from allowing his clients to be removed from jail without the permission of the High Court.Disappearance
Mr. Bhatti was denied an Indian passport in 1993 after senior police officials wrote to the Regional Passport Office that he was defending terrorists and securing their release from courts. On May 12, 1994, a week after telling his mother that he was being threatened by senior police officials in Sangrur, Mr. Bhatti was taken into custody near Kunra Police Post in front of several witnesses. Over the course of the next month, other detainees saw Mr. Bhatti in bad condition at various detention centers in the area, and alleged that he had been tortured. After around June 10, Mr. Bhatti was never again seen alive.Investigation of Disappearance
At the time of his disappearance, Mr. Bhatti was around 43 years old and was working on 131 TADA cases. After a public interest litigation was filed in the High Court concerning Mr. Bhatti's abduction, the High Court of Punjab & HaryanaHaryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...
ordered the Central Bureau of Investigation
Central Bureau of Investigation
The Central Bureau of Investigation is a government agency of India that serves as a criminal investigation body, national security agency and intelligence agency. It was established on 1 April 1963 and evolved from the Special Police Establishment founded in 1941...
(CBI) to investigate his disappearance. However, in March 1997 the CBI inquiry concluded that the location of Mr. Bhatti could not be determined nor liability for his disappearance established. Though the CBI report describes extensive evidence indicating police responsibility for the disappearance, they concluded that the case be closed as untraced. The High Court subsequently dismissed the case.
Though another case was initiated before the Supreme Court in 1994, the inquiry ordered into the disappearance of Mr. Bhatti by the Court has proceeded in an irregular fashion, and no action has been taken by the Court since April 2004.
Sukhwinder Singh Bhatti's case is one of many disappearances that have been communicated to the UN Working Group on Enforced and Involuntary Disappearances by various human rights organizations over the past several years. The Working Group, formed in 1980, has dealt with thousands of such cases in several countries.
Sukhwinder Singh Bhatti was one of several human rights lawyers and activists who were allegedly murdered or disappeared by Punjab police. Others include Jaswant Singh Khalra
Jaswant Singh Khalra
- Family :Jaswant Singh Khalra's grandfather Harnam Singh was an activist in the Ghadar movement for the independence of India.- Activism :Jaswant Singh Khalra was a bank director in the city of Amritsar in Punjab during the militancy...
, Ranbir Singh Mansahia, Jagwinder Singh, and Kulwant Singh (along with his family). A protection order for Punjab human rights lawyers was even secured in a court case in 1994.
See also
- Jaswant Singh KhalraJaswant Singh Khalra- Family :Jaswant Singh Khalra's grandfather Harnam Singh was an activist in the Ghadar movement for the independence of India.- Activism :Jaswant Singh Khalra was a bank director in the city of Amritsar in Punjab during the militancy...
- Police encounter
- Human rights in IndiaHuman rights in IndiaThe situation of human rights in India is a complex one, as a result of the country's large size and tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic, and its history as a former colonial territory. The Constitution of India provides for...
- Punjab human rights