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In December , his father and uncle had been abducted and killed by Punjab police for which a number of police officials have since been indicted looking for Devender Pal Singh in connection with a bomb attack carried out in support of an independent Sikh state in Punjab. He attempted to flee to Canada in after hearing that he was wanted by Punjab police in connection with terrorist offences, but was arrested in transit at Frankfurt airport and applied for asylum in Germany.
His application was rejected and he was returned to India where he was immediately arrested at the airport. Police claim that following his arrest at New Delhi airport, Devender Pal Singh confessed to being involved in a bomb attack in Delhi that killed nine people — a statement which was made when he was first detained and had no access to a lawyer.
Devender Pal Singh was tried under the Terrorist and Disruptive Activities Prevention Act TADA , a law which lapsed in following widespread criticism from national and international human rights organizations because it had been misused to arbitrarily arrest, detain and torture thousands of people. Despite its lapse, prosecutions under the Act continue against people suspected of terrorist offences committed prior to The only evidence against Devender Pal Singh was his retracted confession.
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Under ordinary Indian law, confessions are admissible as evidence only if they are made before a judicial magistrate; those made to the police are not. TADA, however, made confessions to police admissible at trial. Devender Pal Singh was taken before a judicial magistrate who was supposed to verify whether his confession was made voluntarily.
However, the judicial magistrate asked only one question — whether the statement was recorded on the particular date. The magistrate did not actually see the statement, and allowed police officials to be present during the hearing.