Indian Holocaust My Father`s Life and Time: URGENT APPEAL - Stay on Execution of Death Sentence on Prisoners Simon, Gnana Prakasam, Madhaiah, and Bilavendran in Belgaum Central Prison-Reg

Saturday, February 16, 2013

URGENT APPEAL - Stay on Execution of Death Sentence on Prisoners Simon, Gnana Prakasam, Madhaiah, and Bilavendran in Belgaum Central Prison-Reg

Dear Colleagues,

Greetings!

We are deeply concerned regarding the situation of Mr. Simon, Mr. Gnanaprakasam, Mr. Madhaiah, and Mr. Bilavendran, the four innocent Tamils, implicated wrongly in the Veerappan Case, who are about to be executed after the Hon. President of India rejected their mercy petitions on 11^th of February .

We suspect that their lives are in danger and request you to act immediately by sending the petitions appended beneath this mail in your organizational / individual capacities urgently by fax and mails to the authorities mentioned herewith.

With regards,

Henri Tiphagne

Executive Director-People's Watch

URGENT APPEAL

To,

I] The Inspector-General of Prisons,

Seshadri Road,

Bengaluru 560009,

Karnataka.

Fax: +91-80-2267290

E.mail: karnatakaprisons@gmail.com digprisons@ksp.gov.in

(ii) The Superintendent,

Belgaum Central Prison,

Belgaum, 590001

Karnataka.

Fax: +91-831-2447551

E.mail: prison@bgl.vsnl.net.in

Date 16^thFebruary 2013

Sir,

Sub: Stay on Execution of Death Sentence on Prisoners Simon, Gnana Prakasam, Madhaiah, and Bilavendran in Belgaum Central Prison-Reg

I am writing to you on behalf of Simon, Gnana Prakasam, Madhaiah, and Bilavendran who are death row prisoners in Belgaum Central Prison, Belgaum, Karnataka. They have also approached me in my capacity as the Executive Director of People's Watch and as one who had taken up their cases before the trial court in the Special TADA Court in Mysore and alter their appeal before the Supreme Court in Delhi and also followed up their complaints before the National Human Rights Commission in New Delhi to take further legal steps subsequent to their mercy petitions being turned down by the President of India.

I have been informed that their mercy petitions have been rejected by the Hon'ble President of India after being kept pending for almost 9 years. Their lawyers are taking steps to file writ petitions before the Karnataka High Court and / or the Supreme Court of India to protect their rights under Article 21 of the Constitution of India by, inter alia, seeking review of the death sentences imposed on them, challenging the rejections of their mercy petitions, and seeking commutation of the death sentences on the grounds, among others, of the inordinate delay in disposal of their mercy petitions.

As you are aware, Simon, Gnana Prakasam, Madhaiah, and Bilavendran have a right to seek legal remedies and file petitions under article 32 and 226 of the Constitution of India to challenge the rejection of their mercy petitions, and also to seek commutation of their death sentences on the grounds mentioned above. A similar issue is presently sub judice in the Supreme Court in the case of Devender Pal Singh Bhullar, Mahindra Nath Das, Murugan, and others. Furthermore, in a similar case, on 22^nd January 2013, the Hon'ble Karnataka High Court has stayed the execution of prisoner Saibanna. It would therefore be improper, illegal and inhumane to execute them without giving them reasonable time to file these petitions and obtain a stay on execution.

The lawyers are in the process of drafting the writ petitions seeking an interim stay on the execution of the death sentences on Simon, Gnana Prakasam, Madhaiah and Bilavendran.

I expect that these petitions will be filed within the next 14 days. I would therefore request you to delay the executions and direct that no steps be taken to execute the death sentences on them till the Hon'ble Court decides their petitions. May I respectfully point out that no prejudice or harm would be suffered by anybody by delaying the death sentence. On the other hand, it is very likely that such a step may save the lives of four persons and prevent a grievous miscarriage of justice.

I have every expectation that you will accede to this humble request.

Yours sincerely

Copy to:

1. The Hon'ble President of India

Rastrapati Bhavan,

New Delhi

Fax: +91-11-23017290, 23017824

2. The Hon'ble Prime Minister

Government of India

South Block, Raisina Hill

New Delhi 110001

Fax: +91 11 230116857; 23019545