SikhSpectrum.com Quarterly Issue No.18, November 2004
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).
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.
