Document #1036442
IRB – Immigration and Refugee Board of Canada (Author)
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.