Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND30460 Country: Date: 30 August 2006

Keywords: India – Indian National – – Police

This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Questions

1. What is the current political situation of the Party? 2. Is there evidence of violence or harassment of Indian National Lok Dal Party members in India? 3. Is there evidence of violence or harassment of Indian National Lok Dal Party members specifically in Chandigarh? 4. Is there any evidence of police collusion in violence against Indian National Lok Dal Party members in Chandigarh?

RESPONSE

1. What is the current political situation of the Indian National Lok Dal Party?

The Political Handbook of the World: 2005-2006 includes an entry on the INLD that indicates that at the 2004 general election in India, “the INLD won no seats.” The party had broken “with the BJP [Bharatiya ] shortly before the 2004 general election”. The INLD also “lost control of at the March 2005 state elections” (Banks, Arthur S., Muller, Thomas C. & Overstreet, William R. (eds) 2006, Political Handbook of the World: 2005-2006, CQ Press, Washington, p. 517 – Attachment 2).

The RRT Country Research resource guide The Republic & States of India at a Glance, updated August 2006 also provides information on the INLD (RRT Country Research 2006, The Republic & States of India at a Glance, August, p. 21 – Attachment 3).

An article dated 4 May 2006 indicates that at the 2005 Haryana State Assembly elections, the INLD won just 9 seats out of a possible 90 seats. It is stated in the article that:

Om Prakash Chautala is the leader of the Indian National Lok Dal (INLD), a Harayana based . He was also the former Chief Minister of the State. However, in the 2005 Haryana state Assembly elections the INLD lost its majority, winning just 9 out of the 90 seats compared to the party’s 67 seats. Chautala resigned and became the Chief Minister of Haryana (‘CBI raids 21 premises of former Haryana CM ’ 2006, , 4 May – Attachment 4).

An article in Frontline dated 12-25 March 2005 refers to the decline of the INLD beginning “with the 2004 elections, and resentment against the party increased as the Assembly elections drew near.” The article also indicates that “There was too much concentration of power in the hands of Chautala and his two sons, which distanced him from party legislators and ordinary people” (Rajalakshmi, T.K. 2005, ‘A thumping victory’, Frontline, Volume 22 – Issue 06, 12-25 March http://www.hinduonnet.com/fline/fl2206/stories/20050325001702700.htm – Accessed 28 August 2006 – Attachment 5).

Another article dated 6 June 2005 indicates that the INLD had been unsuccessful in a subsequent by-election for the seat of Kiloi in Haryana, which was won by the Congress party candidate. The INLD and BJP did not field candidates in by-elections for two other seats in Haryana, caused by the deaths of two Congress ministers in a helicopter crash (‘All non-Congress candidates lose deposits in Haryana (‘All non-Congress candidates lose deposits in Haryana’ 2005, Hindustan Times, 6 June – Attachment 6).

An article dated 1 October 2005 refers to the INLD candidate finishing third in a by-election for the Lok Sabha seat. The seat was won by the Congress party candidate, who was the son of Haryana’s Chief Minister Bhupinder Singh Hooda. Hooda had vacated the Rohtak Lok Sabha seat upon being appointed chief minister (‘Hooda’s son wins parliamentary by- election’ 2005, Hindustan Times, 1 October – Attachment 7).

An earlier article dated 28 June 2004 refers to Ajay Chautala of the INLD being elected “in the (upper house of Indian Parliament) election in northern Indian state of Haryana” (‘Congress suffers defeat, Chautala, Singh make it to RS’ 2004, The Press Trust of India Limited, 28 June – Attachment 8).

The statistical report on the 2004 general indicates that the one seat in Chandigarh was won by the . The report also indicates that the INLD contested seats in Haryana, , and Chandigarh, but was unsuccessful (Election Commission of India 2004, ‘Statistical Report on General Elections, 2004 to The 14th Lok Sabha’, Volume 1, Election Commission of India website http://www.eci.gov.in – Accessed 9 August 2006, pp 108 & 127 – Attachment 9).

2. Is there evidence of violence or harassment of Indian National Lok Dal Party members in India? 3. Is there evidence of violence or harassment of Indian National Lok Dal Party members specifically in Chandigarh?

A search of the sources consulted found little information regarding evidence of violence or harassment of Indian National Lok Dal Party members in India and/or Chandigarh.

The RRT Country Research resource guide The Republic & States of India at a Glance, updated August 2006 notes that Chandigarh is administered as a Union Territory by the Indian national government, and is the capital of the states of Haryana and Punjab. The resource guide includes information on Chandigarh and Haryana (RRT Country Research 2006, The Republic & States of India at a Glance, August, pp 46 & 81 – Attachment 3).

An article dated 22 August 2006 refers to a Punjab police officer in Rohtak, Haryana being arrested after allegedly firing upon a guard at an INLD office. The guard was unhurt and the police officer, who was reported to be drunk, “was charged with attempt to murder, police said” (‘Constable arrested after opening fire on guard’ 2006, NewKerala.com website, 22 August http://www.newkerala.com/news4.php?action=fullnews&id=10823 – Accessed 28 August 2006 – Attachment 10).

An article dated 4 February 2005 indicates that “Barring a few stray incidents of poll violence in the prestigious Narwana constituency and the murder of the driver of the Congress candidate in the Barwala constituency, polling in Haryana for the State Assembly elections today was by and large peaceful.” The article refers to “reports of minor clashes in Karamgarh and a few other places between Congress and INLD supporters. However, the police and para-military forces brought the situation under control. While reports said that several persons were injured, the Returning Officer asserted that nobody had been hurt.” It is stated in the article that:

There was tension in village in the Barwala constituency after Kulbir Singh, the driver of the Congress candidate, was allegedly shot dead following a quarrel with the INLD supporters.

The Congress MP from Hissar, Jai Prakash, alleged that the driver was shot by persons close to the INLD nominee. There were also reports of minor skirmishes between Congress and INLD workers in Ballabgarh constituency.

It is learnt that the police registered a case under various sections of the Indian Penal Code against three Congress activists, including the son-in-law of the party nominee and former minister, Lachhman Dass Arora, in connection with an attack in which three INLD workers were injured (Ahuja, Rajesh 2005, ‘Polling in Haryana peaceful’, The Hindu, 4 February – Attachment 11).

An article dated 30 April 2004 refers to the lack of “criminalisation of politics” in Chandigarh and mentions the comments of a political observer from Panjab University, who indicated that there was “no power struggle in Chandigarh, as the government in the form of the Municipal Corporation has not much of financial powers” (Bipindra, N.C. 2004, ‘UT seat free from criminalisation of politics’, , 30 April – Attachment 12).

An article in The Tribune (Chandigarh) dated 2 April 2004 indicates that “A former President of the Naggal unit of the Indian National Lok Dal, Mr Amrik Singh, was shot at on the Ambala-Jagadhri road this morning.” Mr Singh, who sustained two bullet wounds, was rushed to hospital and his condition was “stated to be stable.” Officials believed that the incident was “not politically motivated” (‘INLD leader shot at’ 2004, The Tribune (Chandigarh), 2 April http://www.tribuneindia.com/2004/20040402/haryana.htm#18 – Accessed 28 August 2006 – Attachment 13).

4. Is there any evidence of police collusion in violence against Indian National Lok Dal Party members in Chandigarh?

A search of the sources consulted found no reference to information regarding police collusion in violence against Indian National Lok Dal Party members in Chandigarh.

Information was found regarding police investigations in relation to INLD leader and former Chief Minister of Haryana Om Prakash Chautala and his family. A previously mentioned article dated 4 May 2006 indicates that “The Central Bureau of Investigation [CBI] today raided 21 premises of former Haryana Chief Minister Om Prakash Chautala across the country in connection with a disproportionate assets case.” According to the article:

Om Prakash Chautala is the leader of the Indian National Lok Dal (INLD), a Harayana based political party. He was also the former Chief Minister of the State. However, in the 2005 Haryana state Assembly elections the INLD lost its majority, winning just 9 out of the 90 seats compared to the Congress party’s 67 seats. Chautala resigned and Bhupinder Singh Hooda became the Chief Minister of Haryana.

During his controversial tenure as Chief Minister of Haryana, he was accused of significant amounts of corruption and extortion, and of creating a cult of his family, especially his father Chaudhari , a former deputy (‘CBI raids 21 premises of former Haryana CM Om Prakash Chautala’ 2006, Hindustan Times, 4 May – Attachment 4).

Another Hindustan Times article dated 5 May 2006 notes that the CBI had “recovered documents which pointed at the family’s huge wealth” when raiding properties owned by Chataula in April 2005 in relation to another matter. “The CBI had informed the Haryana government”, and “the central government had issued a notification for CBI investigation into the case” following “a request by the Haryana government”. According to the article:

The FIR is based on a ‘memorandum of chargesheet’ prepared by Haryana Congress leader Shamsher Singh Surjewala and others in the run-up to the state assembly elections in mid 2005. The chargesheet’ had alleged that in 1977, before Devi Lal came to power in Haryana, the family’s total worth comprised of 32 acres of agricultural land in Teja Khera village in Sirsa.

In the 123-page ‘chargesheet’, the Congress had also alleged that Chautala’s party had misappropriated funds collected in the name of deposed Fiji prime minister Mahendra Chaudhary. Recently, Abhay, a former MLA, was named in a murder case in Sirsa (Mohan, Archis & Rao, Hitender 2006, ‘Chautala’s crores’, Hindustan Times, 5 May – Attachment 14).

A further article dated 11 May 2006 refers to comments by , the son of Om Parkash Chautala, who “said that it was obvious that the” CBI “was “maligning” his family at the behest of the Congress Government and the FIR filed by it was not based on “investigations” but was a copy of the so-called “chargesheet” submitted by the Congress to the Governor on the eve of the Assembly elections in 2005.” He charged that CBI raids on “properties reportedly owned by the Chautala clan” and “the registration of a “false” case of murder against his brother, indicated that the Hooda regime was acting out of sheer political vendetta” (‘Ajay Chautala denies CBI allegations’ 2006, The Hindu, 11 May – Attachment 15).

According to an article dated 3 May 2006, “police had registered a case against the former INLD MLA, , son of the former Chief Minister, Om Parkash Chautala,” regarding “the murder of Dabwali Youth Congress leader Chand Singh Brar”. The article notes that “Haryana Chief Minister Bhupinder Singh Hooda on Tuesday said that his Government was ready to get the murder of Dabwali Youth Congress leader Chand Singh Brar investigated by the Central Bureau of Investigation if the Indian National Lok Dal so desired.” The Chief Minister indicated “that the case against Mr. Abhey Singh Chautala was registered not out of political vendetta but on a complaint lodged by the brother of the deceased” (‘Hooda ready for CBI probe into murder’ 2006, The Hindu, 3 May – Attachment 16).

An article dated 23 May 2006 refers to a demonstration by INLD activists at which “former Haryana Agriculture Minister Jaswinder Singh Sandhu” had “alleged that false criminal cases were being registered against INLD workers since the Bhupender Singh Hooda-led government came to power.” The article notes that Mr Ashok Arora, “former Haryana Transport Minister and INLD state president” had also “said the law and order situation had deteriorated, resulting in a steep rise in crime” (‘INLD men march in protest’ 2006, The Tribune (Chandigarh), 23 May http://www.tribuneindia.com/2006/20060523/haryana.htm#1 – Accessed 28 August 2006 – Attachment 17).

List of Sources Consulted

Internet Sources: Government Information & Reports Immigration & Refugee Board of Canada http://www.irb-cisr.gc.ca/ UK Home Office http://www.homeoffice.gov.uk/ US Department of State http://www.state.gov/ United Nations (UN) UN High Commissioner for Refugees (UNHCR) website http://www.unhcr.org/cgi-bin/texis/vtx/rsd Non-Government Organisations Human Rights Watch http://www.hrw.org/ Amnesty International website http://www.amnesty.org International News & Politics BBC News http://news.bbc.co.uk Region Specific Links Search Engines Copernic http://www.copernic.com/

Databases: FACTIVA (news database) BACIS (DIMA Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Reports) RRT Library Catalogue

List of Attachments

1. Attachment 1 not included.

2. Banks, Arthur S., Muller, Thomas C. & Overstreet, William R. (eds) 2006, Political Handbook of the World: 2005-2006, CQ Press, Washington. (Library)

3. RRT Country Research 2006, The Republic & States of India at a Glance, August.

4. ‘CBI raids 21 premises of former Haryana CM Om Prakash Chautala’ 2006, Hindustan Times, 4 May. (FACTIVA)

5. Rajalakshmi, T.K. 2005, ‘A thumping victory’, Frontline, Volume 22 – Issue 06, 12-25 March http://www.hinduonnet.com/fline/fl2206/stories/20050325001702700.htm – Accessed 28 August 2006.

6. ‘All non-Congress candidates lose deposits in Haryana’ 2005, Hindustan Times, 6 June. (FACTIVA)

7. ‘Hooda’s son wins parliamentary by-election’ 2005, Hindustan Times, 1 October. (FACTIVA)

8. ‘Congress suffers defeat, Chautala, Singh make it to RS’ 2004, The Press Trust of India Limited, 28 June. (FACTIVA)

9. Election Commission of India 2004, ‘Statistical Report on General Elections, 2004 to The 14th Lok Sabha’, Volume 1, Election Commission of India website http://www.eci.gov.in – Accessed 9 August 2006.

10. ‘Constable arrested after opening fire on guard’ 2006, NewKerala.com website, 22 August http://www.newkerala.com/news4.php?action=fullnews&id=10823 – Accessed 28 August 2006.

11. Ahuja, Rajesh 2005, ‘Polling in Haryana peaceful’, The Hindu, 4 February. (FACTIVA)

12. Bipindra, N.C. 2004, ‘UT seat free from criminalisation of politics’, The Times of India, 30 April. (FACTIVA)

13. ‘INLD leader shot at’ 2004, The Tribune (Chandigarh), 2 April http://www.tribuneindia.com/2004/20040402/haryana.htm#18 – Accessed 28 August 2006.

14. Mohan, Archis & Rao, Hitender 2006, ‘Chautala’s crores’, Hindustan Times, 5 May. (FACTIVA)

15. ‘Ajay Chautala denies CBI allegations’ 2006, The Hindu, 11 May. (FACTIVA)

16. ‘Hooda ready for CBI probe into murder’ 2006, The Hindu, 3 May. (FACTIVA)

17. ‘INLD men march in protest’ 2006, The Tribune (Chandigarh), 23 May http://www.tribuneindia.com/2006/20060523/haryana.htm#1 – Accessed 28 August 2006.