1) Legal status of the All India Sikh Student Federation (AISSF); 2) Current arrests/detentions being carried out against AISSF members; 3) Possible penalties for belonging to a banned organization in India (update to IND2445) [IND11005]

1) Written information on the All India Sikh Student Federation (AISSF) currently available to the IRBDC does not clarify the legal status of the group. Moreover, diverse factions of the AISSF may have a different status, since their objectives and activities, as well as their links to militants and their willingness to negociate with the central government, may vary widely. The following is a list of events that suggest clues on the legal status of the AISSF.

The AISSF did take part in the aborted June 1991 elections in the Punjab; for example, a candidate of the "previously banned" AISSF was slain by militants on 14 June (BBC Summary 17 Jun. 1991). Another candidate who was shot during the campaign was reportedly "supported" by the AISSF, but still an independent nominee (AFP 27 May 1991). Shortly after the elections failed, the Manjit Singh faction of the AISSF announced that it was forming a "secular political organisation" (Ibid. 25 Jun. 1991). No report indicates whether this proposed organisation was set up, and whether it received any legal recognition.

When a Romanian diplomat was abducted by Sikh militants in October 1991, however, the AISSF took a pacific stance by urging kidnappers to spare the hostage from physical harm in order to prevent further darkening of the Sikh's international image (Ibid. 19 Oct. 1991). In December 1991, the AISSF was the only significant group to take part in a meeting sponsored by the central government to discuss the situation in the Punjab (Ibid. 11 Dec. 1991). The AISSF had previously rejected a central government July 1991 peace talk offer, according to All India Radio (25 Jun. 1991).

2) The most recent information available concerning the AISSF indicates that Akali Dal leaders carrying a letter to U.N. Secretary-General Boutros Boutros Ghali signed, among others, by the AISSF, were prevented from reaching the U.N. office in New Delhi (The Hindu 2 May 1992, 2).

During the February elections in Punjab, two factions of the AISSF boycotted the vote (India Today 15 Feb. 1992, 13; The Hindu 25 Jan. 1992, 1-2; All India Radio 17 Jan. 1992). In mid-February, AISSF president Manjit Singh was reportedly arrested by police and held in judicial custody (The Hindu 15 Feb. 1992, 2; SAHRDC Feb. 1992, 48). Earlier in February, Manjit Singh and other AISSF activists were prevented from taking part in a rally which was to be held in Ludhiana in favour of the boycott (The Hindu 8 Feb. 1992, 2). After the victory of the Congress (I) party in a very-low turnout vote in the Punjab, two AISSF factions and four Akali factions refused to hold talks with the new state government and called for the resignation of new MPs (AFP 3 Mar. 1992). At this occasion, AISSF leader Harminder Singh Gill said his organization would even refuse to call for the release of his members arrested for supporting the election boycott (Ibid.). The arrest of people for promoting the boycott during the campaign is reported in another source, quoting an Indian newspaper (SAHRDC Feb. 1992, 48).

At the end of December 1991, the president of the Jammu and Kahmir State unit of the AISSF was killed by militants of a rival Sikh group in the predominantly Sikh locality of Nanak Nagar (The Hindu 4 Jan. 1992, 1). In October, a former AISSF president and a leader of one newly created faction were shot dead in the Ludhiana district and Amritsar respectively, but their deathswere related, according to the police, to factional feuds (AFP 26 Oct. 1991; Ibid. 27 Oct. 1991).

3) The Terrorist and Disruptive Activities (Prevention) Act (TADA) is reportedly still in force and is due to expire in September 1993 (SAHRDC Feb. 92, 1). The Union Home Ministry has recently proposed a new anti-terrorist legislation which "would enable the government to declare 'associations involved in promotion of terrorism' as terrorist organizations and launch prosecution against such bodies" (Ibid. Feb. 1992, 2).

References

Agence France Presse (AFP). 3 March 1992. "Sikh Parties Say No to Talks with New Punjab Government." (NEXIS)

. 11 December 1991. "Sikh Group to Attend New Delhi Meet; 16 Die in Violence." (NEXIS)

. 27 October 1991. "Sikh Student Federation Leader Among Eight Killed in Punjab." (NEXIS)

.26 October 1991. "Sikh Militants Kill Eight Officials in Punjab." (NEXIS)

.19 October 1991. "Sikh Group Asks Abductors not to Harm Romanian Diplomat." (NEXIS)

. 25 June 1991. "Punjab Violence Leaves 17 More Dead." (NEXIS)

All India Radio [Delhi, in English]. 17 January 1992. "Major Sikh Parties to Boycott Punjab Elections." (FBIS-NES-92-013 21 January 1992, pp. 40-41)

. 28 June 1991. "Sikh Students Reject Peace Talk Offer." (FBIS-NES-91-127 2 July 1991, p. 4)

BBC Summary of World Broadcasts. 25 June 1991. "Election Situation in 'Disturbed' Punjab." (NEXIS)

The Hindu [Madras]. 2 May 1992. "Akali Leaders Held on Way to U.N. Office."

. 15 February 1992. "Call for Talks with Akalis."

. 8 February 1992. "Govt. Blocks Pro-Boycott Rally in Ludhiana."

. 25 January 1992. "4 Akali Groups to Boycott Polls."

. 25 January 1992. "Punjab Poll Decision Stays Despite Akali Boycott."

. 4 January 1992. "52 Rail Passengers Massacred in Punjab."

India Today. 15 February 1992. "Punjab: Russian Roulette."

South Asia Human Rights Documentation Centre (SAHRDC). February 1992. Human Rights Summary. New Delhi: SAHRDC.

Attachments

Agence France Presse (AFP). 3 March 1992. "Sikh Parties Say no to Talks with New Punjab Government." (NEXIS)

.11 December 1991. "Sikh Group to Attend New Delhi Meet; 16 Die in Violence." (NEXIS)

.27 October 1991. "Sikh Student Federation Leader Among Eight Killed in Punjab." (NEXIS)

.26 October 1991. "Sikh Militants Kill Eight Officials in Punjab." (NEXIS)

.19 October 1991. "Sikh Group Asks Abductors not to Harm Romanian Diplomat." (NEXIS)

. 25 June 1991. "Punjab Violence Leaves 17 More Dead." (NEXIS)

All India Radio [Delhi, in English]. 17 January 1992. "Major Sikh Parties to Boycott Punjab Elections." (FBIS-NES-92-013 21 January 1992, pp. 40-41)

. 28 June 1991. "Sikh Students Reject Peace Talk Offer." (FBIS-NES-91-127 2 July 1991, p. 4)

BBC Summary of World Broadcasts. 25 June 1991. "Election Situation in 'Disturbed' Punjab." (NEXIS)

The Hindu [Madras]. 2 May 1992. "Akali Leaders Held on Way to U.N. Office," p. 2.

. 15 February 1992. "Call for Talks with Akalis," p. 2.

. 8 February 1992. "Govt. Blocks Pro-Boycott Rally in Ludhiana," p. 2.

. 25 January 1992. "4 Akali Groups to Boycott Polls," p. 2.

. 25 January 1992. "Punjab Poll Decision Stays Despite Akali Boycott," p. 1.

. 4 January 1992. "52 Rail Passengers Massacred in Punjab," p. 1.

India Today. 15 February 1992. "Punjab: Russian Roulette," pp. 13-15.

South Asia Human Rights Documentation Centre (SAHRDC). February 1992. Human Rights Summary. New Delhi: SAHRDC, pp. 1-2, 48, 65.