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Treatment by Authorities –Anti-Sikh Violence – Activists – Akali Dal Party – Sikhs 13 April 2011

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Treatment by Authorities –Anti-Sikh Violence – Activists – Akali Dal Party – Sikhs 13 April 2011 Country Advice India India – IND38564 – Treatment by Authorities –Anti-Sikh Violence – Activists – Akali Dal Party – Sikhs 13 April 2011 1. Are there reports that those who, since 2006, called for investigations into the violence against Sikhs – which occurred in the period from the early 1980s to 1993 – have been targeted by Indian authorities? Limited information was located to suggest that persons are targeted by Indian authorities on the basis of their calling for investigations into violence against Sikhs during the 1980s and early 1990s. Three reports were located where arrests by police have shut down public demonstrations involving the theme of post-1984 violence against Sikhs. According to information on the sikhsiyasat.net website, on 3 November 2010 activists from various Sikh organisations blocked railway tracks, in protest against slow progress in legal cases linked to the 1980s violence. These demonstrations occurred in two locations within Punjab: Amritsar and Fatehgarh Churian to its north.1 Both locations are depicted in Map 1, below, close to the India-Pakistan border. 1 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011 – Attachment 1 Page 1 of 8 Map 1: Amritsar, Punjab, India. Those arrested for these demonstrations included leaders from Sikh groups including the Khalsa Action Committee (KAC) and the All India Sikh Student Federation (AISSF).2 3 It is noteworthy that the AISSF is included on the South Asia Terrorism Portal website‟s current list of terrorist groups in Punjab.4 The protest in Fatehgarh Churian was reportedly led by a member of Shiromani Akali Dal (Panch Pardhani), a group further discussed in the response to Question 2. A United States-based Sikh group called Sikhs For Justice (SFJ) reportedly criticised the arrests as illegal, a spokesperson stating “[t]he attempt by the Central-State government to portray law abiding Sikhs leaders, activists and organizations as “Radicals” is very dangerous card being played to suppress the voice of the Sikh community”.5 The following photos are reportedly of one of one of these demonstrations, and of people being placed in police vans as it is shut down. 6 7 In May 2009, at least ten members of Sikh organisation Shiromani Gurdwara Prabandhak Committee (SGPC) were reportedly detained when demonstrating outside Prime Minister Manmohan Singh‟s residence in New Delhi. Protesters were reportedly angered at a remark from Prime Minister Singh that the 1984 anti-Sikh riots “cannot be kept alive forever”. It is noted that the protester quoted did not refer to contemporary investigations into the matter, simply stating that “[w]e only wanted to register our protest and show our anger to the Prime Minister for what he said yesterday…[t] he community will always remember the killing of innocent Sikhs in the 1984 riots”. It is also noted that a senior police officer cited protesting in a high-security zone as the reason for the arrests.8 2 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011– Attachment 1 3 Singh, D. 2010, „SJF Condemn arrest of Sikh Activists‟ sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/sjf-condemn-arrest-of-sikh-activists/ – Accessed 7 April 2011 – Attachment 2 4 „Terrorist Groups – Punjab‟ 2011, South Asia Terrorism Portal website, 20 March http://www.satp.org/satporgtp/countries/india/states/punjab/terrorist_outfits/index.html – Accessed 7 April 2011 – Attachment 3 5 Singh, D. 2010 „SJF Condemn arrest of Sikh Activists‟ sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/sjf-condemn-arrest-of-sikh-activists/ – Accessed 7 April 2011– Attachment 2 6 Whether these photos were taken at Amritsar or at Fatehgarh Churian is not reported. 7 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011– Attachment 1 8 „SGPC members detained‟ 2009, The Times of India, 14 May – Attachment 4 Page 2 of 8 Investigations into 1980s violence against the Sikh population are still taking place. For instance, in March 2011, the Haryana state government prompted an investigation into a 1984 incident within its jurisdiction.9 However, justice for victims appears to be slow in arriving: Human Rights Watch reports that those responsible for the 1984 Sikh-killings have yet to be prosecuted.10 The US Department of State (USDOS) 2010 Report on Human Rights Practices states that some movement has been made in holding perpetrators of the 1984 violence accountable with a court case in progress against a Congress Party leader.11 However USDOS also reports that “[t]he government has made no progress in holding officials accountable for abuses that occurred during the period of the Punjab counterinsurgency between 1984 and 1994.”12 2. Are supporters of the Akali Dal party targeted by Indian authorities? No reports were located to suggest that persons are targeted by Indian authorities on the basis of their Akali Dal party membership. However, there are reports of prominent Akali Dal leadership figures, namely Simranjit Singh Mann, coming into contact with police. The umbrella term „Akali Dal party‟ is also sometimes interchanged with Akali Dal (Mann) party; Shiromani Akali Dal (Amristar) party; 13 or Shiromani Akali Dal (SAD) party.14 Punjab is currently governed by the SAD, in alliance with the Bharatiya Janata Party (BJP). The coalition gained power in the February 2007 Punjab State Assembly elections, 15 winning 67 seats.16 The last available UK Home Office Operational Guidance Note for India was issued in 2008. It states: “[t]here are no reports that members of…Akali Dal…are specifically targeted or discriminated against as a result of their membership. Akali Dal, a Sikh party also called Shiromani Akali Dal (SAD) is now a recognised and legal political party in India which preaches a return to the roots of the Sikh religion.”17 The Immigration and Refugee Board of Canada (IRB) consulted academics in 2009 who stated that Akali Dal members were not generally ill-treated or harassed by authorities, even if they publicly complained about treatment of Sikhs by authorities or called for the creating of a separate Sikh State (or “Khalistan”). However, according to the IRB, this immunity from ill 9 Deswal, D. 2011, „Commission of Inquiry to probe 1984 killing of Sikhs in Haryana village‟ The Times of India, 6 March – Attachment 5 10 Human Rights Watch 2011, World Report 2011 – India, 24 January – Attachment 6 11 Charges of murder and rioting against senior Congress Party leader Sajjan Kumar, and others, have been taken to trial in Court. In September 2010, the Supreme Court rejected Kumar‟s appeal and directed that the trial proceed. 12 US Department of State 2011, Report on Human Rights Practices for 2010 – India, 8 April, Section I(a) – Attachment 7 13 Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011 – Attachment 8 14 UK Home Office 2010, Country of Origin Information Report – India, 21 September, p.160-163 – Attachment 9 15 „India‟ 2010, Political Handbook of the World Online Edition, CQ Press Electronic Library– Attachment 10 16 „Punjab Assembly Election 2007 Results‟ 2007, Indian Elections website, 27 February http://www.indian- elections.com/assembly-elections/punjab/election-result-07.html – Accessed 30 June 2010 – Attachment 11. 17 UK Home Office 2008, Operational Guidance Note – India, April, p. 5 –Attachment 12 Page 3 of 8 treatment did not apply to Akali Dal members who were also suspected of “terrorism or violent activities.” 18 Clashes between Akali Dal supporters and supporters of other political groups have reportedly occurred during election periods.19 In one instance during the 2007 election campaign period, Akali Dal supporters alleged that they were charged under the penal code where their opponents were not. Also in 2007, Sikh marchers were charged for “anti-national activities”, which included pro-Khalistan slogans.20 It is noted that Akali Dal (Mann) leader Simranjit Singh has been arrested by Punjabi police on multiple occasions, including: June 2005 for demanding a separate Khalistan state; in May 2007 for protesting in Jalandhar near a statue of a late Punjab Chief Minister; also in May 2007 on sedition charges that were dropped; 21 and in March 2011 for raising pro-Khalistan slogans.22 It is also noteworthy that the Shiromani Akali Dal (Panch Pardhani) is a separate entity to the Akali Dal, or SAD. Its leader, Daljit Singh Bittu, was expelled from Akali Dal proper in 2007.23 Bittu was reportedly a militant during the 1980s and was arrested in August 2010 for reportedly planning to assassinate the Punjab Chief Minister and his son, the Deputy Chief Minister.24 An ousted Akali Dal cabinet member who has reportedly launched a new political party has also recently accused police and the Punjab government of harassing his supporters.25 3.
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