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&sectioni 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.