Information on the present situation of any and all judicial proceedings relating to the Jaswant Singh Khalra September 1995 disappearance, including whether any proceedings are outstanding, the situation of eye-witnesses to the abduction or witnesses who testified or were to testify, whether these witnesses are at risk from the police and state protection available to them [IND28258.E]

According to Amnesty International and Human Rights Watch, on 30 July 1996 the Central Bureau of Investigation (CBI) completed its report on the 6 September 1995 abduction of Jaswant Singh Khalra (AI 12 Aug. 1996; HRW 1996, 190), a human rights activist lawyer from Punjab who disappeared after filing a petition in the Supreme Court alleging that the Punjab police had secretly cremated hundreds of Sikhs they had killed extrajudicially between 1990 and 1995 (AI 1997, 179). The CBI named nine police officers involved in Khalra's abduction in its report to the Supreme Court (ibid. 12 Aug. 1996; HRW 1996, 190; India Today 16 June 1997, 19). The Supreme Court then "directed that the nine officers face trial for the abduction, that further investigations be carried out to ascertain the fate of Jaswant Singh Khalra and that key witnesses be offered protection during the investigations" (HRW 1996, 190; AI 12 Aug. 1996). According to India Abroad, the nine police officers involved in Khalra's abduction are former Tarn Taran Superintendent of Police (SP) Ajit Singh Sandhu [who committed suicide on 23 May 1997 (AFP 16 June 1997; India Today 16 June 1997, 19)], Deputy SPs Ashok Kumar and Jaspal Singh, Station House Officers Satnam Singh, Surinderpal Singh and Jasbir Singh, Sub-Inspectors Rachpal Singh and Amarjit Singh and Head Constable Pritpal Singh–all posted in Tarn Taran (9 Aug. 1996).The Supreme Court requested the CBI to continue its investigations in the Khalra abduction and was to determine the issue of compensation at a "later date" (India Abroad 9 Aug. 1996).

The CBI concluded in its report to the Supreme Court that it had found prima facie evidence that 984 Sikhs had been cremated by the police (India Abroad 9 Aug. 1996; HRW 1996, 160). The next hearing for this case was scheduled for 7 October 1996. According to the attached 13 December 1996 report by Voice of America, the Supreme Court ordered the National Human Rights Commission "to probe the secret cremations of hundreds of Sikhs who were captured and killed by police in faked encounters."

India Today of 16 June 1997 reports that despite being implicated in Khalra's disappearance, the accused police officers are "now out on bail. The Court has ordered their trial and granted J.S. Khalra's wife a compensation of Rs 10 lakh" (19). According to the attached Business Line report of 22 September 1997, Khalra's wife "was awarded Rs. 10 lakhs by the Supreme Court in August 1996 as interim compensation to be recovered from the police officers in case they are convicted. The official compensation amount of Rs. 2,500 paled into significance."

For background information on Jaswant Singh Khalra, please consult Response to Information Request IND24104.E of 14 May 1996. Response to Information Request IND23174.E of 20 February 1996 provides information on the human rights wing of the Akali Dal and on the treatment of its members by the police and/or authorities.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please find below the list of additional sources consulted in researching this Information Request.

References


Agence France Presse (AFP). 16 June 1997. M.R. Narayan Swamy. "Today's Villains." (NEXIS)

Amnesty International (AI). 1997. Amnesty International Report 1997. New York: Amnesty International USA.

_____. 12 August 1996. Urgent Action: India: Jaswant Singh Khalra, Human Rights Activist: Further Information on UA 213/95 (ASA 20/26/95, 7 September 1995) and Follow-Ups (ASA 20/27/95, 21 September; ASA 20/35/95, 16 November)–Fear of Disappearance/Fear of Torture. (AI Index: ASA 20/38/96). London: Amnesty International.

Business Line [London]. 22 September 1997. "In search of solace: finally, there are some amendments to the compensating packet for victims both terrorist violence in Punjab and the 1984 anti-Sikh riots. Will these bring..." (NEXIS)

Human Rights Watch (HRW). 1996. Human Rights Watch World Report 1997. New York: Human Rights Watch.

India Abroad [Toronto]. 9 August 1996. Vol. 12, No. 45. "Punjab: Prosecution of Nine Policemen Ordered."

India Today [Delhi]. 16 June 1997. Vol. 22, No. 12. Harinder Baweja and Ramesh Vinayak with Rohit Parihar. "Punjab: Bitter Harvest: The Sharp Polarisation of Opinion on the Plight of Police Officers Under Judicial Scrutiny Reopens Old Wounds."

Voice of America (VOA). 13 December 1996. Michael Drudge. "India/Punjab (L–Only." [Internet] [Accessed 15 Dec. 1996]

Attachments


Amnesty International (AI). 12 August 1996. Urgent Action: India: Jaswant Singh Khalra, Human Rights Activist: Further Information on UA 213/95 (ASA 20/26/95, 7 September 1995) and Follow-Ups (ASA 20/27/95, 21 September; ASA 20/35/95, 16 November)–Fear of Disappearance/Fear of Torture. (AI Index: ASA 20/38/96). London: Amnesty International.

Business Line [London]. 22 September 1997. "In search of solace: finally, there are some amendments to the compensating packet for victims both terrorist violence in Punjab and the 1984 anti-Sikh riots. Will thes bring..." [NEXIS]

India Abroad [Toronto]. 9 August 1996. Vol. 12, No. 45. "Punjab: Prosecution of Nine Policemen Ordered," p. 11.

Voice of America (VOA). 13 December 1996. Michael Drudge. "India/Punjab (L–Only." [Internet] [Accessed 15 Dec. 1996]

Additional Sources Consulted


Asian Survey [Berkeley, Calif.]. Monthly. May 1996-August 1997.

Asiaweek [Hong Kong]. Weekly. July-December 1996.
Canada-Asia Working Group (CAWG), Toronto. 10 March-18 April 1997.

Human Rights in Asia: Submission Prepared for the 53rd Session of the United Nations Commission on Human Rights, Geneva.

_____. 18 March-26 April 1997.

Human Rights in Asia: Submission Prepared for the 52nd Session of the United Nations Commission on Human Rights, Geneva.

DIRB. June 1997.

Human Rights Information Package: India.

Human Rights in Developing Countries Yearbook 1996. 1996.

India Today [Delhi]. Weekly. July 1996-present.

Keesing's Record of World Events [Cambridge]. Monthly. January 1996-June 1997.

Resource Centre. "India" country file. January 1996-present.

_____. "India: Amnesty International" country file. January 1996-present.

_____. Indexed Media Review [Ottawa]. Weekly. July 1996-present.

Electronic sources: IRB Databases, LEXIS/NEXIS.