An alumnus of the Indian Institute of Technology, Delhi and former doctoral candidate at Purdue University, Vikram Buddhi, has been jailed in a US Federal prison in Chicago for the last 31 months on charges of threatening former president, George W. Bush.

The campaign to release Buddhi has been gaining momentum, especially after Buddhi complained to his lawyer that he was being taunted and beaten by the other inmates.

Buddhi was arrested in early 2006 from the Purdue University campus. It was claimed that he was the author of certain internet messages urging the people of Iraq to retaliate against the Bush administration, although this charge was not mentioned in the indictment. He was indicted in April 2007, and on June 27, 2007, an Indiana jury found him guilty on charges of "knowingly and willfully" threatening to kill President Bush, his family, the Vice President and the Secretary of Defence. Buddhi has not been sentenced so far- the sentence hearing is coming up on November 19.

Somnath Bharti [pictured], a New Delhi based lawyer, also a member of the Senate of IIT-Delhi, has been leading the campaign to release Buddhi. Bharti talks to Bar & Bench on anomalies in the trial accorded to Buddhi and the inaction of the United States and Indian governments.

Why did you take up this case? Is it because Vikram is another IIT Alumni?

No. The trial has been unfair on Vikram. Vikram's case is symbolic, it is symbolic of Indian intelligence, of a person who could not defend himself and of the injustice that has been meted out to this double PhD graduate.

When and how did you get involved?

I met Vikram in June 2009. I was the first Indian person to visit him in jail. Till then, no one, including the Indian Consulate office, which is 2 blocks away from the Jail which houses Vikram, had visited him.

What are the anomalies that you have found in Vikram's trial?

Firstly, it's a technology case and not a criminal case. Secondly, it was the duty of the presiding US District Judge James T. Moody to instruct the Jury on relevant law. But the trial transcripts clearly show that the Judge openly declared his resolve not to instruct the Jury on relevant law and accordingly did not do so. Thirdly, the Judge warned and directed the Defense Attorney John E. Martin not to link the evidence on record with relevant law while addressing the Jury during the closing address. Fourthly, the Jury while in closed door discussion sent a Written Note to the Judge pointing out a contradiction noticed by the members of Jury in the Judge's Instructions to them. But the Judge, in a Written Reply to the Jury, commanded the Jury to continue its deliberations, stating that there was no contradiction. Although the Jury found him guilty in June 2007, Vikram has not been sentenced till now. It is more than 2 years, and he has been harassed in the prison. We are not able to appeal, since an appeal can be filed only after the sentencing. Now the matter is scheduled for November 19, 2009.

How did these anomalies not come to light during the trial?

Vikram's father should have hired a private defense attorney and not a public defender. This matter could have been resolved if there had been a private defense attorney. 

Have other IIT alumni supported you?

Now support has started pouring in. Four months ago, I was alone, but now we have more than 20,000 supporters. Prestigious IIT Alumni have volunteered to take up this issue with Bill Clinton and Barack Obama.

How are you funding the litigation?

Currently, I am bearing the expenses of the litigation. But there is more than enough support pouring in. When we held a meeting in Chicago on this issue, people came with cheque books to donate. People are no longer treating this case as being limited to Vikram. They are looking at this case symbolically as a case against India.

How you garnered any support from the Government of India?

Till recently, the Government of India had been relaxed about the case. After the outcry in media, and after I met [External Affairs Minister] S. M. Krishna, we are seeing some support from the Government. It is very unfortunate, the way the Government has been handling this issue. We hope to see some positive results now. Only recently did one of the officials from the Chicago Consulate, Mr. Biswas Satkal visit Vikram, but he spent more than an hour with him.

What is your request to the US authorities?

We don't want mercy; all we want is an independent and fair trial. The United States [government] may be ashamed after it reads the excerpts of this trial. Look at the unfairness of the trial, look at the merits of Vikram's case, and then decide. Vikram is no longer the same man whom people met in 2005. He has been drained and famished without medical care. Other jail inmates harass and physically abuse him. I want justice to be done.