Awais Sheikh, the counsel for Sarabjit Singh, believes that the Indian convict on death row in Pakistan was the victim of a case of mistaken identity. Sheikh, the president of Pakistan-India Peace Initiatives, has also penned a book on his high-profile client called Sarabjit Singh -- A Case of Mistaken Identity.
In an interview with Tahir Ali, Sheikh expresses hope that Sarabjit, who has been languishing in a Pakistan jail for over 20 years, will be soon pardoned by the powers that be in Islamabad.
What is the current status of the case against Sarabjit Singh?
This is a case of mistaken identity. The FIR does not carry his name. The culprit is named Manjeet Singh and he had frequently travelled to Pakistan under different names and different passports. He was a double agent. He brought a copy of a certificate from a religious school/madrassa certifying that he has changed his religion from Sikhism to Islam. With that, he managed to marry the daughter of a government servant in Pakistan. He divorced his first wife in India.
In 1990, he was in Pakistan and was arrested on charges of carrying out some blasts. The very next day, Sarabjit, who had accidentally crossed the border while working in a field on the Indian side, was arrested. The police produced him in court as the culprit behind the blasts called Manjeet Singh. He protested in court that he was Sarabjit and not Manjeet but nobody listened to him. The trial against him went on and he was sentenced to death.
Manjeet Singh was let off by the agencies or he disappeared mysteriously. The high court and the supreme court confirmed Sarabjit's death sentence. In the supreme court, the review petition was dismissed on the non-appearance of the previous lawyer. Only two notices were issued. The lawyer failed to appear and the case was decided ex-parte. This has never happened in cases where capital punishment has been awarded. If the lawyer fails to appear, the SC asks the government to appoint a lawyer. This is clearly an unfair trial.
Later, after my appointment, I worked day and night and found the clue to Manjeet Singh. He went to Canada where he was arrested on murder charges. He remained in jail for four years. He is also a suspect in the assassination of Punjab Chief Minister Beant Singh. I collected reports by the foreign media of his criminal record. Finally, Manjeet Singh was arrested in India and I filed a case in the SC for reopening the case.
Five mercy petitions have so far been filed to the president for commuting Sarabjit Singh's death sentence to life imprisonment. I regularly meet Sarabjit at the Central Jail in Lahore. I hope the president pardons him and I can take him to India on August 14 (Pakistan's Independence Day).
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