Sucha Singh Langha – Gurbachan Singh

Home , Giani Gurbachan Singh, Gurbachan Singh, Hazur Sahib

Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND34686 Country: India Date: 21 April 2009

Keywords: IND34686 – India – Punjab – INC – SAD – Sucha Singh Langha – Gurbachan Singh

This response was prepared by the Research & Information Services 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. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions 1. What is current political situation in the Punjab as far as the INC and SAD parties are concerned? 2. Any information about Sucha Singh Langha and Gurbachan Singh? 3. Deleted. 4. Have INC leaders been attacked or targeted by members of SAD? 5 Evidence of State protection in such circumstances. 6. Evidence of the possibility of relocation outside of the Punjab.

RESPONSE

1. What is current political situation in the Punjab as far as the INC and SAD parties are concerned?

Information on the following issues is contained in the following Research Responses: (RRT Research and Information Services 2008, Research Response IND33034, 13 March – Attachment 1; RRT Research and Information Services 2007, Research Response IND32228, 11 September 2007 – Attachment 2)

2. Any information about Sucha Singh Langha and Gurbachan Singh?

Sucha Singh Langha

Sucha Singh Langha is described as a politician who “represents Dhariwal assembly and has a strong hold over Akali workers” (‘Vinod Khanna launches poll campaign’ 2009, The Times of India, 13 January – Attachment 3)

In December 2008 he was implicated in an alleged tax ‘default’:

1 The Income Tax department has attached salary and other emoluments of a Punjab minister for his alleged tax default, a charge he termed as one due to “wrong assessment”. The IT department has served a notice to the government directing that salary and other emoluments of Agriculture Minister Sucha Singh Langha have been attached for his “failure” to deposit tax to the tune of Rs 25 lakh, the department sources said on Tuesday. Langha, who had moved before the IT Tribunal said his tax was wrongly assessed by the department. The state finance department, however, said his salary would now be deposited in the account of IT department. The development pertains to a case registered against Langha by the state vigilance bureau during the previous Congress government for allegedly amassing assets disproportionate to his known sources of income as PWD minister between 1997-2002 in the SAD-BJP regime. The minister was charged with amassing assets worth Rs 12.60 crore in parts of the state. Langha, a SAD MLA from Dhariwal constituency in Gurdaspur district, however, said the tax had been wrongly assessed on a reference by vigilance department during the previous Amarinder Singh regime (‘IT dept attaches Punjab minister’s salary over tax ‘default’ 2008, Indian Express website, 30 December – http://www.indianexpress.com/story-print/404669/ – Accessed 9 April 2009 – Attachment 4; Dabur, Vijay ‘Tough time for Amrinder loyalists in Punjab’ 2007, The Press Trust of India Limited, 17 September – Attachment 5)

Sucha Singh Langha is mentioned in the following report:

While there has been division in Christian votes in the Gurdaspur constituency in the past also, the minority community factions have been voting either for the Congress or Shiromani Akali Dal candidates, Punjab Masih Dal had voted for the Panthik Morcha candidate Sucha Singh Langah during the last Lok Sabha elections in the constituency (Malhi, S. 2004, ‘Christian voters – A divided lot in Gurdaspur’, Times of India, 26 April – Attachment 6)

Gurbachan Singh

Gurbachan Singh was formerly Head Priest of the Golden temple in Amritsar. In August 2008 in accordance with Sikh religious rites he was selected:

as the acting Jathedar of the Akal Takht, the highest temporal seat of the Sikh community. The Shiromani Gurdwara Parbhandhak Committee (SGPC), the largest representative body of the Sikhs, had appointed Giani Gurbachan Singh as a new acting Jathedar of Akal Takht on Tuesday following the resignation of Giani Joginder Singh Vedanti. Before taking over as the acting Jathedar of the Akal takht, Gurbachan Singh was the Head Priest of the Sri Harmandar Sahib (Golden Temple) in Amritsar. His annointment was performed by the Giani Mohan Singh, the additional head Granthi of the Golden Temple and he was followed by the other four high priests of the Sikh community in the presence of Guru Granth Sahib, the holy scripture of the Sikhs. The Sikh community has five Takhts, a sacred seat of the Sikhs, namely Sri Akal Takhat Sahib , Sri Damdama Sahib, Sri Keshgarh Sahib, Sri Hazur Sahib and Sri Patna Sahib and each Takht is headed by a Jathedar, the high Sikh clergy (‘Gurbachan Singh formerly appointed acting Jathedar of Akal Takht’, Asian News International, 7 August 2008- Attachment 7)

This month he was reported to have appealed to:

the Sikh community to reach Delhi for the protest organised by the Shiromani Gurudwara Prabandhak Committee (SGPC), the mini-parliament of Sikh religious affairs. “Sikhs should unitedly protest this injustice to victims of those riots,” the Akal Takht chief said in Amritsar.

2 The Sikh leadership is upset that Tytler, who was accused of inciting mobs against the Sikhs in 1984, was given a clean chit by the CBI just ahead of the Lok Sabha elections. (‘Sikhs to stage protest rally outside Sonia Gandhi’s residence’ 2009, Indo-Asian News Service, 5 April – Attachment 8; Srivastava, Mihir 2009, ‘Clean chit to Tytler is a bitter pill to swallow for Congress’ India Today website, 7 April http://indiatoday.intoday.in/index.php?option=com_content&task=view&id=35733§ioni d=4&Itemid=1&issueid=101 – Accessed 9 April 2009 – Attachment 9)

3. Deleted.

4. Have INC leaders been attacked or targeted by members of SAD?

One reports indicates that there is political wrangling but does not report physical violence (Joshi, Dharmendra 2007, ‘238 candidates in fray’ The Tribune News Service – http://www.tribuneindia.com/2007/20070130/jal.htm#1 – Accessed 9 April 2009 – Attachment 11).

Minor clashes were reported The situation was, however, normal in the Dhariwal constituency but for a few incidents of minor clashes between supporters of Mr Sucha Singh Chottepur of the Panthic Morcha and Mr Sucha Singh Langah of the SAD (Mohan, Lalit 2004, ‘Sehajdharis vote openly in SGPC poll’ Tribune News Service, 8 November – http://www.tribuneindia.com/2004/20041108/main1.htm – Accessed 9 April 2009 – Attachment 12).

5. Evidence of State protection in such circumstances.

A Research Response addressing the issue of state protection in the Punjab is attached (RRT Research and Information Services 2008, Research Response IND33422, 24 June – Attachment 13)

6. Evidence of the possibility of relocation outside of the Punjab.

According to the US Department of State – people are able to move freely:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of movement, and the government generally respected this in practice; however, in certain border areas the government required special permits.

Security forces often searched and questioned occupants at vehicle checkpoints, mostly in troubled areas in the Kashmir Valley or after major terrorist attacks. The government also completed construction (except in areas of difficult terrain) of a 330-mile security fence along the Line of Control in Jammu and Kashmir, causing difficulties as it cut through some villages and agricultural lands. The government asserted that a decline in insurgent crossings during the year was due in part to the fence.

Under the Passports Act of 1967, the government may deny a passport to any applicant who may engage in activities outside of the country “prejudicial to the sovereignty and integrity of the nation.” The government prohibited foreign travel by some government critics, especially 3 those advocating Sikh independence, and members of the separatist movement in Jammu and Kashmir.

Unlike in previous years, there were no reports of the government using the issuance of passports or travel documents to restrict travel of separatist leaders in Jammu and Kashmir. However, citizens from Jammu and Kashmir continued to face extended delays, often up to two years, before the Ministry of External Affairs would issue or renew their passports. Government officials demanded bribes for applicants from Jammu and Kashmir who required special clearances. Applicants born in Jammu and Kashmir–-even the children of serving military officers born during their parents’ deployment in the state-–were subjected to additional scrutiny, requests for bribes, and police clearances prior to passport issuance.

There was no law banning forced exile and no reports of its use during the year (US Department of State 2009, 2008 Human Rights Report: India, 25 February - Attachment 14)

The UK Home Office provides the following research on internal relocation for Sikhs:

Internal Relocation for Sikhs

20.59 As noted in an Immigration and Refugee Board (IRB) of Canada Response to Information Request, dated 18 January 2006, the Indian Constitution allows for freedom of movement of citizens. A human right activist stated that “theoretically, Sikhs can, like others, move and relocate themselves in any part of India that does not come under excluded or restricted zones like some parts in the northeast of India.” [4c]

20.60 After consulting various sources, the same source recorded that:

“Although the majority of Sikhs in India reside in Punjab state…there are many Sikh communities in India located outside of Punjab state… In correspondence to the Research Directorate, a specialist in Indian affairs reported that Sikhs are located in every state in India, and in 579 districts out of a total of 593 districts (23 Nov. 2005). After Punjab state, the next greatest numbers of Sikhs reside in northern Haryana state (1,170,662 persons), northern Rajasthan state (818,420 persons), north central Uttar Pradesh state (678,059 persons), northern Delhi union territory (555,602 persons), northern Jammu and Kashmir state (207,154), central Maharashtra state (215,837 persons), north central Uttaranchal state (212, 025 persons) and central Madhya Pradesh state (150,772 persons). Statistics on the Sikh population in India received by the Research Directorate from the World Sikh Organization (WSO), which are drawn from the results of the 2001 Indian census, corroborate the information that most Sikhs live in the states cited above by the specialist in Indian affairs, though the numbers of Sikhs reported by WSO are slightly lower in each state, except for Jammu and Kashmir state, in which the number of Sikhs is considerably higher at 500,000 people… Minorities at Risk, a University of Maryland research project that monitors and analyzes ethnic conflict worldwide, also indicates the presence of Sikhs in the capital Delhi, as do news articles…A professor of Asian studies, with extensive experience in India, commented in a telephone interview with the Research Directorate that Sikh communities are ‘doing quite well’ in various states in India and that they consider these places their home (14 Nov. 2005).” [4c]

4 20.61 The IRB response continued “Citizens are not required to register their faith in India. Several oral sources consulted for this response commented that Sikhs are able to practise their religion without restriction in every state of India. The central Indian government recognizes Sikhs as one of five religious minority groups and, as such, Sikhs are provided access to ‘various Constitutional guarantees’ for the protection of the rights of religious minorities.” Sikhs hold prominent positions in India, Manmohan Singh is India’s first non-Hindu Prime Minister. (Immigration and Refugee Board of Canada, 18 January 2006) [4c]

20.62 There were no checks on a newcomer to any part of India arriving from another part of India, even if the person is a Punjabi Sikh. Local police forces have neither the resources nor the language abilities to perform background checks on people arriving from other parts of India. There is no system of registration of citizens, and often people have no identity cards, which in any event can be easily forged. “Sikhs relocating from Punjab state to other parts of India do not have to register with the police in their area of relocation, unless they are on parole…” (Immigration and Refugee Board of Canada, 18 January 2006) [4c]

20.63 The Danish Immigration Service fact-finding mission to Punjab, dated March to April 2000, noted “The Director of the South Asia Human Rights Documentation Centre believed that a high-profile person would not be able to move elsewhere in India without being traced, but that this would be possible for low-profile people.” Sources from foreign diplomatic missions in India considered that there was no reason to believe that someone who has or has had problems in Punjab would not be able to reside elsewhere in India. Reference was made to the fact that the authorities in Delhi are not informed about those wanted in Punjab. [37] (p53)

20.64 The US Citizenship and Immigration Services, in a response to a query (updated on 22 September 2003), noted that:

“Observers generally agree that Punjab police will try to catch a wanted suspect no matter where he has relocated in India. Several say, however, that the list of wanted militants has been winnowed [whittled] down to ‘high-profile’ individuals. By contrast, other Punjab experts have said in recent years that any Sikh who has been implicated in political militancy would be at risk anywhere in India. Beyond this dispute over who is actually at risk, there is little doubt that Punjab police will pursue a wanted suspect. ‘Punjab police and other police and intelligence agencies in India do pursue those militants, wherever they are located, who figure in their lists of those who were engaged in separatist political activities and belonged to armed opposition groups in the past,’ a prominent Indian human rights lawyer said in an e-mail message to the Resource Information Center (RIC) (Indian human rights lawyer 4 May 2003).” [76] (p1)

20.65 The Immigration and Refugee Board (IRB) of Canada indicated in a response paper dated 18 January 2006 that “A professor of Asian studies, commented that in pursuing a wanted individual, it is unlikely that the central Indian authorities will attempt to locate the person in another state, and this is the case with Sikhs…such pursuits have more to do with the profile of the individual than with the faith the individual subscribes to.” A human rights activist consulted said he was not aware of any police sweeps or searches of Sikhs in India on the basis of their religion. [4c]

20.66 The same source indicated that Punjabi, which is the Sikh language, closely resembles Hindi and is also spoken by Hindus and Muslims living in Punjab state. Opinion differs as to whether Sikhs would be understood in all other states as they 5 would understand Hindi, Urdu or English; however others argue that Sikhs would only be understood in certain areas and if the individual only spoke Punjabi then they would only be understood in northern and eastern parts of India, so would have to learn the local language. [4c]

20.67 Sikhs would have unlimited access to housing in localities outside Punjab state to whatever extent they could afford it, as the main factor limiting access to housing is financial rather than religion, according to two sources consulted by the Canadian IRB in their response dated 18 January 2006. The report continues to state that Muslims experience the greatest discrimination in housing, not Sikhs, and although there may be isolated instances of discrimination against Sikhs in terms of housing, it is by no means a common occurrence. Citizens may buy agricultural land only in their state of residence except for Punjab state, where agricultural land may be purchased by Indian citizens living in any Indian state. It was thought by one source that the application of this law was mainly used against Sikhs and other religious minorities. (Immigration and Refugee Board of Canada, 18 January 2006) [4c]

20.68 Upon relocation Sikhs would have indiscriminate access to employment dependent on their skill level. There may be isolated instances where an individual feels discriminated against because of a tendency by some firms to employ locally born and educated people. Sikhs would also have indiscriminate access to health care in states outside of Punjab although access depends largely on their financial situation and their proximity to an urban location. It was also agreed by two sources that Sikhs would have access to education outside of Punjab and again poverty is the main obstacle to education and proximity to an urban area affects the availability of education. (Immigration and Refugee Board of Canada, 18 January 2006) (UK Home Office 2008, ‘Country of origin information report: India’, UK Home Office website, 12 August http://www.homeoffice.gov.uk/rds/pdfs08/india-210808.doc – Accessed 22 August 2008 – Attachment 15).

List of Sources Consulted Internet Sources: Government Information & Reports UK Home Office website http://www.ind.homeoffice.gov.uk US Department of State website http://www.state.gov Immigration and Refugee Board Canada http://www.irb-cisr.gc.ca/ Non-Government Organisations Amnesty International website http://www.amnesty.org/ Human Rights Watch (HRW) website http://www.hrw.org/ International News & Politics BBC News website http://news.bbc.co.uk/ Far Eastern Economic Review www.feer.com Region Specific Links India Today www.india-today.com Rediff www.rediff.com The Hindu www.thehindu.com Indian Express www.indianexpress.com The Tribune www.tribuneindia.com Search Engines Google search engine http://www.google.com.au/ Yahoo search engine http://search.yahoo.com Copernic search engine 6 Databases: FACTIVA (news database) BACIS (DIAC 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) MRT-RRT Library Catalogue

List of Attachments

1. RRT Research and Information Services 2008, Research Response IND33034, 13 March.

2. RRT Research and Information Services 2007, Research Response IND32228, 11 September.

3. Vinod Khanna launches poll campaign’ 2009, The Times of India, 13 January. (FACTIVA)

4. IT dept attaches Punjab minister’s salary over tax ‘default’ 2008, Indian Express website, 30 December – http://www.indianexpress.com/story-print/404669/ – Accessed 9 April 2009.

5. Dabur, Vijay ‘Tough time for Amrinder loyalists in Punjab’ 2007, The Press Trust of India Limited, 17 September. (FACTIVA)

6. Malhi, S. 2004, ‘Christian voters – A divided lot in Gurdaspur’, Times of India, 26 April. (FACTIVA)

7. ‘Gurbachan Singh formerly appointed acting Jathedar of Akal Takht’, Asian News International, 7 August 2008. (FACTIVA)

8. ‘Sikhs to stage protest rally outside Sonia Gandhi’s residence’ 2009, Indo-Asian News Service, 5 April. (FACTIVA)

9. Srivastava, Mihir 2009, ‘Clean chit to Tytler is a bitter pill to swallow for Congress’ India Today website, 7 April http://indiatoday.intoday.in/index.php?option=com_content&task=view&id=35733§ioni d=4&Itemid=1&issueid=101 – Accessed 9 April 2009.

10. Deleted.

11. Joshi, Dharmendra 2007, ‘238 candidates in fray’ The Tribune News Service – http://www.tribuneindia.com/2007/20070130/jal.htm#1 – Accessed 9 April 2009 –

12. Mohan, Lalit 2004, ‘Sehajdharis vote openly in SGPC poll’ Tribune News Service, 8 November – http://www.tribuneindia.com/2004/20041108/main1.htm – Accessed 9 April 2009.

13. RRT Research and Information Services 2008, Research Response IND33422, 24 June. 7

14. US Department of State 2009, 2008 Human Rights Report: India, 25 February www.state.gov/g/drl/rls/hrrpt/2008/sca/119134.htm.

15. UK Home Office 2008, ‘Country of origin information report: India’, UK Home Office website, 12 August http://www.homeoffice.gov.uk/rds/pdfs08/india-210808.doc – Accessed 22 August 2008.