Will Justice Be Served?

S.Kultaran Singh, a Gursikh born in Iran and holder of Indian Passport No: A9122718 issued at Tehran on 22nd January 2003, was brutally killed on 7 August 2003. This killing has shaken the confidence of the small Sikh and Indian community resident in Iran since three generations and has created a sense of insecurity. The family of the deceased and Mrs.Damanpal Kaur Anand has sent several petitions to various authorities in India and also to the Embassy of India in Tehran (Iran).

Written by Manbir Singh Chowdhary

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The killer, who made a public confession and the entire Iranian media covered the story, will be tried in Tehran Criminal Court on 15 December 2004. But, unfortunately, the lawyers believe that since the deceased is a Gursikh (a non-Muslim) in an Islamic Republic, and the perpetrator of the crime is a Muslim it is questionable whether justice will be served, and at the most the family could claim and be awarded Diya Compensation up to Rupees ten lakh (around US$23,000). The killer should be given exemplary punishment.

Sikhs in Iran are a small business community of hundred plus families and if justice is denied it will put this small religious minority to further risk. The Sikh residents of Iran must be accorded reciprocal benefits enjoyed by Iranian citizens

Furthermore, Islam has also laid down universal fundamental rights for humanity which are to be observed and respected in all circumstances. Therefore Late S. Kultaran Singh by being born in Iran became a citizen of an Islamic state where he lived till his death and thus he should enjoy equal rights along with those who acquire Iranian citizenship by birth. The life, property, and honor of Sardar Kultaran Singh are to be respected and protected in exactly the same way as that of a Muslim citizen. Nor should there be difference between a Muslim and a non-Muslim citizen with respect to civil or criminal law as prescribed in Islam and stated on the following link: http://www.jamaat.org/islam/HumanRightsPolitical.html

The entire Sikh Diaspora appeals to the highest authorities of India and Iran to intervene in this case and restore the confidence, future, and security of the Sikh community in Iran by seeking justice for the murder of Sardar Kultaran Singh.

Request from Mrs. Damanpal Kaur Anand

Sardar Kultaran Singh, my husband and an innocent Gursikh, was brutally stabbed to death on 7th August 2003 in Tehran (Iran) by Majid Jahanshahi (a local Muslim) who has confessed to his crime and is scheduled for trial in the criminal court for hearing on 15th December 2004 in Tehran (Iran).

The greatest challenge we face is that we are convinced, having been informed by our lawyer, that since the deceased is a Indian national and a Gursikh that is a non-Muslim in an Islamic Republic, and the perpetrator is a Muslim it is questionable whether justice will be served.

I have sent various petitions to the Prime Minister of India Dr. Manmohan Singh, the Ministry of External Affairs of India in New Delhi, and Sardar Krishan Chander Singh the Indian ambassador in Iran seeking their support and intervention.

Furthermore I need the help of Gursikh scholars of the Sikh Diaspora to send me a draft petition that can be submitted to the highest religious authorities of Iran for intervention which should convince them that the Sikhs believe in One God and our Holy Guru Granth Sahib quotes and recognizes one Creator who is remembered by different people in different ways. Some know the creator as Allah. Guru Granth Sahib categorically states that all people have a common origin in the one Creator: aval allah Noor upaya kudarat kay subb bnanday..

The appeal could define solidarity of our Gurus with Muslims backed by historical evidences and our faith and beliefs accordingly which does not distinguish between human beings and seeks justice. An Islamic website http://www.jamaat.org/islam/HumanRightsPolitical.html states the following:
Fundamental Rights

Although an Islamic state may be set up anywhere on earth, Islam does not seek to restrict human rights or privileges to the boundaries of such a state. Islam has laid down universal fundamental rights for humanity, which are to be observed and respected in all circumstances. For example, human blood is sacred and may not be spilled without strong justification; it is not permissible to oppress women, children, old people, the sick or the wounded; women’s honor and chastity must be respected; the hungry must be fed, the naked clothed and the wounded or diseased treated medically irrespective of whether they belong to the Islamic community or are from amongst its enemies. These, and other provisions have been laid down by Islam as fundamental rights for every man by virtue of his status as a human being.

Nor, in Islam, are the rights of citizenship confined to people born in a particular state. A Muslim ipso facto becomes the citizen of an Islamic state as soon as he sets foot on its territory with the intention of living there and thus enjoys equal rights along with those who acquire its citizenship by birth. And every Muslim is to be regarded as eligible for positions of the highest responsibility in an Islamic state without distinction of race, color or class.

Islam has also laid down certain rights for non-Muslims who may be living within the boundaries of an Islamic state and these rights necessarily form part of the Islamic constitution. In Islamic terminology, such non-Muslims are called dhimmis (the covenanted), implying that the Islamic state has entered into a covenant with them and guaranteed their protection. The life, property and honor of dhimmis is to be respected and protected in exactly the same way as that of a Muslim citizen. Nor is there difference between a Muslim and a non-Muslim citizen in respect of civil or criminal law.

The Islamic state may not interfere with the personal rights of non-Muslims, who have full freedom of conscience and belief and are at liberty to perform their religious rites and ceremonies in their own way. Not only may they propagate their religion, they are even entitled to criticize Islam within the limits laid down by law and decency.

These rights are irrevocable. Non-Muslims cannot be deprived of them unless they renounce the covenant , which grants them citizenship. However much a non-Muslim state may oppress its Muslim citizens it is not permissible for an Islamic state to retaliate against its non-Muslim subjects; even if all the Muslims outside the boundaries of an Islamic state are massacred, that state may not unjustly shed the blood of a single non-Muslim citizen living within its boundaries.

Appeals for global support from Sikh leaders, Sikh institutions, Sikh scholars and Gursikhs at all levels are solicited to demonstrate solidarity of the global Sikh Diaspora to Ambassador Sardar Krishan Chander Singh, Embassy of India in Tehran (Iran). His contact information is: indemteh@dpimail.net (email), Telefax:+98-21-8755953

Looking forward to your support.

Mrs. Damanpal Kaur Anand (Wife) of Late S.Kultaran Singh
Address:- Darwazeh Daulat Ave Khaghani St. Alizadeh
Block 25. 1st floor
Tehran-Iran Phone No.: 8306265Fax: 8846894
E-mail: damananand@yahoo.com

Letter to Prime Minister of India Dr. Manmohan Singh

A fax was sent to the office of Prime Minister Dr. Manmohan Singh on 20 November, 2004 seeking his intervention in this urgent matter related to the killing of an Indian national in Iran.

Honorable Shri. Manmohan Singh
Honorable Prime Minister of India
PMO
New Delhi, India

Respected Prime Minister,

Ref: Murder of S. Kultaran Singh (Sikh) Citizen of India born in Iran brutally killed on 7 August 2003 and confession by the accused Majid Jahanshahi Iranian National

This is to humbly appeal to inform the Honorable Prime Minister that my husband S. Kultaran Singh holder of Indian Passport No: A9122718 issued in Tehran on 22nd January 2003 was brutally killed on 7 August 2003. The Embassy of India, Tehran and the Ministry of External Affairs have been fully briefed on this issue through several petitions.

The accused killer who has confessed to his crime is booked for final hearing trial on 15 December 2004. We, the family, are convinced and informed by our lawyer that since the deceased is a Indian national and a Gursikh, non-Muslin in an Islamic Republic, and the perpetrator is a Muslim, it is questionable whether justice will be served.

I and the entire family members humbly plead the Honorable Prime Minister to take this matter at the highest level and intervene through the Iranian authorities for application of reciprocal laws of Republic of India for Justice and the killer or killers of Indian national should not be allowed to be freed without facing the consequences of murder as the same regulations are applied in uniform manner between all the people in India without any discrimination.

It is unfortunate that the killer and his family are appealing to take shelter under the Muslim religion, which is also greatly respected by us, but S. Kultaran Singh was innocent human being and amicable justice should take place to sentence the killer for the dastardly crime with death penalty at the highest level.

I have also appealed to the Foreign Office Iran, West Asia Division and a was petition handed on 17 November 2004 and submitted the copies of same to our Embassy of India, Tehran, informing them that it would be unfortunate if the Judicial system of Iran discriminates for awarding death penalty to the Killer of my husband since my husband was Citizen of India and Non-Muslim, and as such Indian Media would be following the case which needs to provide justice in the similar manner as a criminal is tried in Republic of India

Furthermore there is no application of reciprocal taxation byelaws of India applicable to Iranian Nationals in India to Indian Nationals in Iran and as such I have been imposed a very heavy inheritance Tax on the assets of my late husband for which I have also separately appealed to the Minister of Finance and Economy of Iran to take into consideration the privileges enjoyed by Iranians in India who are not subjected to such discriminatory tax in case of Succession.

Life of any human being and security of Indian Nationals cannot be compromised with any reason whatsoever and Indian Nationals must be accorded reciprocal facilities and applications of reciprocal byelaws and directions from the Honorable Prime Minister may provide the relief for all the Indian Nationals living in Iran and ensure their future and security or else there is no future for us if justice is denied.

Looking forward for your amicable action, and thanking you in the highest esteem.

Yours faithfully,

Mrs. Damanpal Kaur Anand (Wife),
Address:- Darwazeh Daulat Ave Khaghani St. Alizadeh
Block 25. 1st floor
Tehran-Iran Phone No.: 8306265Fax: 8846894
E-mail: damananand@yahoo.com