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Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND17542 Country: India Date: 10 October 2005 Keywords: India – Punjab – Akali Dal Badal – Youth Akali Dal – Congress Party 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. Please advise re any targeting of members/supporters of Akali Dal Badal in Punjab (and other states) since Congress came to power again. 2. Please advise re any targeting of members/supporters of Youth Akali Dal in Punjab (and other states) since Congress came to power again. RESPONSE 1. Please advise re any targeting of members/supporters of Akali Dal Badal in Punjab (and other states) since Congress came to power again. No specific references to members/supporters of Akali Dal Badal (aka Shiromani Akali Dal (SAD)) being targeted in Punjab or in other states since Congress came to power have been found in the sources consulted. However, there is information to indicate that violent clashes occur between the two parties, particularly around elections time. RRT Research Response IND17527, dated 26 September 2005, examines whether Akali Dal activists have been targeted by the Congress party, in Punjab or Rajasthan, since 2002 when they came into power (RRT Country Research 2004, Research Response IND17527, 26 September - Attachment 1). The response cites one article which provides general information on the harassment of Akali Dal political leaders by Congress Party members (‘Akali Dal protest Punjab Govt’s vindictive acts against Badal’ 2003, Daily Excelsior, 23 June – Attachment 12). It also provides information on clashes that have occurred between Akali Dal and Congress Party members, over the last three years, particularly during the elections. The most recent articles, from 2005, have been provided at attachments 2-4: • An article in The Tribune, dated 18 September 2005, reports that six were injured when Akali Dal and Congress workers clashed during the bypoll at Ward No. 9 of the Municipal Corporation, Patiala (‘MC poll: Cong, SAD workers clash, 6 hurt’ 2005, The Tribune, 18 September http://www.tribuneindia.com/2005/20050919/punjab1.htm – Accessed 23 September 2005 – Attachment 2). • An article in The Tribune, dated 23 February 2005, reports that more than 100 Akali Dal and Congress supporters were injured during clashes in the Ajnala byelection (Walia, Varinder 2005, ‘Violence mars Ajnala bypoll’, The Tribune, 23 February http://www.tribuneindia.com/2005/20050224/main1.htm – Accessed 23 September 200 – Attachment 3). • An article in The Tribune, dated 17 January 2005, reports that Akali Dal and Congress supporters “clashed during voting for panchyat bypoll at Salhina village” (‘Cong, SAD activists clash’ 2005, The Tribune, 17 January http://www.tribuneindia.com/2005/20050118/punjab1.htm#9 – Accessed 23 September 2005 – Attachment 4). In 2004 the Immigration and Refugee Board of Canada prepared a report on the treatment of members of the Shiromani Akali Dal (Badal) party by the Congress Party, since the elections in Punjab, and found no information on the subject. However, the report cites a number of articles which provide an overview of the situation of members of the party in general (Immigration and Refugee Board of Canada 2004, IND42758.FE – India: Treatment of members of the Shiromani Akali Dal (Badal) party, including settlings of accounts, by the Congress Party since the elections in Punjab (2002-June 2004), 11 June – Attachment 5) A further search has revealed no additional information on the targeting of Akali Dal Badal members or supporters by the Congress Party. However, there have been a number of protests staged by Akali Dal (Badal) during 2005. The information may provide an indication of how Akali Dal members/supporters have been treated in recent confrontations with the authorities. On 27 February 2005, the Hindustan Times reported that Shiromani Akali Dal leaders and supporters held a march “to protest against alleged rigging and violence during the Ajnala byelection”. The article states that “Shiromani Akali Dal (SAD) president and former chief minister Parkash Singh Badal and 60 of his party colleagues, including 33 MLAs, were arrested” and that “the police, who were also involved in a scuffle with the Akali leaders, used [a] water cannon on the group… [P]arty general secretary and former Union minister Sukhdev Singh Dhindsa said the police action was unprecedented” and described “the incident as an attempt to eliminate the SAD president”. The report follows in detail: Shiromani Akali Dal (SAD) president and former chief minister Parkash Singh Badal and 60 of his party colleagues, including 33 MLAs, were arrested here today as they were marching towards the Punjab Raj Bhawan to protest against alleged rigging and violence during the Ajnala byelection. The police, who were also involved in a scuffle with the Akali leaders, used water cannon on the group. The Akalis, who were arrested under Sections 107 and 151 of the CrPC on charges of disturbing peace in an area where Section 144 had been imposed, were released after an hour. This afternoon, the police stopped the Akali leaders nearly a kilometre away from the Raj Bhawan. After some argument and a scuffle between the police and Akali MLAs, a water cannon targeted Badal, catching his security commandos off guard. As the water cannon continued to be trained on Badal, his party colleagues threw a security ring around him. Badal, a chronic asthmatic, had trouble breathing. Former finance minister and SAD general secretary Capt Kanwaljit Singh was seen battling cops in a bid to guard Badal when a burst of water sent him and his turban flying. The Akali leaders alleged that the police acted without a warning and made no attempt to escort them to the waiting police vehicles. Describing the incident as an attempt to eliminate the SAD president, party general secretary and former Union minister Sukhdev Singh Dhindsa said the police action was unprecedented. “We were neither carrying arms nor raising slogans. We were just proceeding for a peaceful dharna in front of the Raj Bhawan. We can’t understand what was the provocation for the police to use water cannon,” Badal told mediapersons at Sector 26 police station. After the Akalis were taken into preventive custody, they raised slogans against the state government and Chandigarh Police. Shiromani Gurdwara Parbandhak Committee (SGPC) president Bibi Jagir Kaur and Capt Kanwaljit Singh were among those who received minor injuries in the scuffle with police. After all the MLAs were let off, Capt Kanwaljit said it was a blatant violation of the rights of citizens. “They didn’t even spare senior leaders. Where was the need to use this repression?” he asked (‘Ajnala protest: Badal, 33 MLAs held, let off’ 2005, Hindustan Times online edition, 27 February. http://66.102.7.104/search?q=cache:innRG3d- C8YJ:htcareers.com/news/5922_1259197,0015002000000000.htm+Ajnala+protest+Badal+3 3+MLAs+held+&hl=en – Accessed 29 September 2005 – Attachment 6) In August 2005 the Government released the “Nanavati Commission Report” which investigated the anti-Sikh riots in 1984 along with its “Action Taken Report”. On 10 August 2005, the Tribune reported that various factions of Akali Dal as well as other Sikh organisations staged protests across the country against “the Central Government for allegedly giving a clean chit to those held responsible for the anti-Sikh riots in 1984 by the Nanavati Commission”: Various Sikh organisations here and abroad condemned the Nanavati Commission’s Report. The secretary general of the US-based World Sikh Council, Mr Tarunjit Singh, said the report had “effectively exonerated” the political leaders alleged to have organised killings… A large number of activists and members of the SAD on Wednesday staged a protest dharna and held a rally near the office of the Deputy Commissioner here against the Central Government for allegedly giving a clean chit to those held responsible for the anti-Sikh riots in 1984 by the Nanavati Commission… Hundreds of party activists led by Jathedar Swarn Singh Chanarthal, district president of the party, started protest march from Gurdwara Fatehgarh Sahib and marched towards the DC’s office. They raised slogans against the Congress president Sonia Gandhi, Prime Minister and the Nanavati Commission. (‘Statewide protests against ATR’ 2005, The Tribune, 10 August – http://www.tribuneindia.com/2005/20050811/punjab1.htm#35 – Accessed 5 October 2005 –Attachment 7) On 10 August 2005, the Hinustan Times also reported on the demonstrations stating that “several protestors were injured… and at least two were administered first-aid on the spot” after “the police lathi-charge them”. However, it is not stated whether those injured were Akali Dal supporters: Demonstrations by Sikhs seeking punishment to the culprits of 1984 anti-Sikh riots continued in the Capital for the second day on Wednesday with police using lathi- charge to quell agitators near Parliament in which several persons were injured. The protestors from the Sikh resettlement colonies of Trilokpuri, Kalyanpuri, Tilak Vihar and Fatehnagar, including widows of those killed in 1984, gathered at the Gurudwara Bangla Sahib. As they started marching towards Parliament raising slogans against the Government, police stopped them upon which the protestors allegedly turned violent. They allegedly broke the windowpanes of a Police Control Room (PCR) van after which the police lathi-charged them. Several protestors were injured in the incident and at least two were administered first-aid on the spot. However, a senior police officer said the policemen exercised restraint. Later, the protestors gathered outside the Parliament Street police station and burnt an effigy of Congress leader Jagdish Tytler and copies of the Action Taken Report on the Nanavati Commission’s observations.
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