D S Gill Chair IHRO

IHRO Report SUKHDEV SINGH 'BABBAR' KILLED IN A FAKE ENCOUNTER Bhai Sukhdev Singh 'Babbar', the chief of Babbar Khalsa International was announced by the police to have been killed in an encounter with the police on the Sahnewal-Dehlon Road in Ludhiana district at 5 AM on 9.8.92, but contrary to the police claim all other reports indicated that Sukhdev Singh was already in police custody. It was in these circumstances that IHRO appointed a four member team comprising of its General Secretary Mohinder Singh Grewal and Secretaries Gurbhajan Singh Gill, Bhupinder Singh Somal and Harchand Singh Gill to investigate the incident. The Fabricated Police Version According to FIR Number: 63 dated 9.8.92 u/s 307/34 IPC, 25/27 Indian Arms Act and 3/4/5 TADA(P)Act of Police Station Sahnewal, "SSP Sidharath Chattopadhya instructed that various militant organisations, especially the Babbar Khalsa International are likely to execute a big action in connection with the Bhog ceremony of the Khalistan Liberation Force Chief, General Gurjant Singh Budhsinghwala, so nakabandis were done around Ludhiana. I along with Shiv Kumar-DSP (D), Narinder Pal Singh-DSP, PP Sabharwal-SP (O), Ganesh- SI (CRPF) and their parties was present at the Dharaur Culvert in the revenue estate of village Nandpur when at 5 AM, a Maruti Car No: CH-01-F/1607 arrived from Dehlon side. Two Sikhs were sitting on the front seats. We signalled them through torchlight to stop but they left the car and after taking positions on the canal distributary bank, started firing in order to kill the police party but we, in self defence replied the firing and I informed the police control room through wireless. From the nearby check-post, the SSP along with this party came to our help. The firing ensued from both sides with automatic weapons. The militants made me a special target. I used my SLR but the firing from their side was very heavy. Not afraid of losing my life I continued to fire. When the firing ceased, we found a dead body there. The other man had escaped. One AK-47 rifle with six live rounds was found on the body, while 32 empties were lying nearby. A small dairy bearing the name of Sukhdev Singh, Head Sewadar, Babbar Khalsa International was recovered from his person. The escapee had left seven empties of .30 mossier behind. The police fired a total of 203 rounds during the hour long encounter whereas, the militants fired 39 rounds". (SD) BS GILL SP (D), 9.8.92 at Nandpur at 7.30 AM The IHRO Findings According to the findings of the IHRO team, Bhai Sukhdev Singh was living at house number 20, Urban Estate, Patiala in the garb of a contractor as Jasmer Singh Sandhu. On the night of August 8, 1992, the Ludhiana SP(D) , Balwant Singh Gill, on receiving cue from Chandigarh went to Patiala with a selected police force and rang the call bell of the said house and also gave the 'code word' which was known to a top notch of the Babbar Khalsa and a very few other associates. When the Babbar Khalsa chief descended from the upper storey of the house and opened the gate, the police immediately pounced upon him. After a short scuffle, the Babbar fell down and was over-powered. He was then taken to Ludhiana along with his Maruti Car (CH-01-F/1607). At Ludhiana, he was interrogated and tortured in the CIA staff and the Focal Point police station. In the early hours of August 9 when he was almost dead due to severe torture, he was put in his car and taken to the Dharaur village culvert on the Sahnewal-Dehlon road. At about 5 am, while he was still seated in the car, he was shot dead and his body was thrown out of the car. Later the police made up the story that the Babbar was shot dead in an armed encounter in order to project the 'bravery' of certain police officials like SSP Chattopadhya, SP(D), B.S. Gill, DSP(D), Shiv Kumar, DSP, Narinder Pal Singh, SP(O), P.P. Shabharwal and Inspector Gurjit Singh in anticipation of rewards and promotions. Points to Ponder The police story has many holes in its armour. These are some very noteworthy points which make the police story look like reality ridiculous: • While showing the blood stained rear seat of the car, its broken glasses and Sukhdev Singh's turban lying in the car to the newsmen, the over-enthusiastic police officials forgot that they themselves, in their made-up story had alleged that the two Sikhs had left the car and taken positions along the distributary bank before the "encounter" started. Then how did the blood and the turban come into the car, which had already been abandoned? • The police says that the Babbar was identified from a small diary bearing the name of Sukhdev Singh Babbar, Head, Sevadar, Babbar Khalsa International which was allegedly recovered from his body. Will an underground militant, who was living in the guise of a contractor Jasmer Singh Sandhu for long time, carry along with him a diary with his full real name and particulars written on it? • Bhai Gurjant Singh Budhsinghwala, the Chief of the Khalistan Liberation Force, who was killed by mainly the same police party a week earlier, was also alleged to have been identified in an identical manner. Do the militants who encounter this very police party, bring the diaries containing their full identity in their pockets to help these police officials in their identification? • The people of the area heard only seven or eight shots being fired at the time of the "encounter" whereas, according to the police report 342 rounds were fired. How do we account for such a large difference? • According to the police version, two SP's and two DSP’s were present on a single check-post, that too on a comparatively unimportant road, whereas the SSP himself was also near at hand. Do such high-ranking officers normally cluster at check-posts on unimportant roads? • The SSP and the SP (D) who were both present at the time of the “encounter of Sukhdev Singh were also present during Gurjant Singh’s “encounter”. But when most of the other fake or sometimes genuine encounters involving militants of lesser importance are reported, these senior officers are not present there. How is it, that these officers are present at the time and place of only those encounters in which the top ranking Sikh militants are about to involve themselves?

Degh-Tegh-Fateh leads humanity to ultimate victory The Persian wording of Baba Banda Singh Bahadur’s seal reads as Degh-O-Tegh-O-Fateh Nusrat-Be-Darand, Zaafat Az Nanak Guru Gobind Singh. ‘The ever-expanding prosperity, the strength of arms and continuous victory and common well-being, are all guaranteed to humankind by the Guru, Nanak- Gobind Singh.’ Thus, the slogan ‘Degh-Tegh-Fateh’ has a definite mission in Sikhism. Material prosperity and spiritual advancement should go hand in hand and work in such a way that they should assist each other in their respective growth and in finding out a satisfactory solution to their respective problems in a collective effort. The doctrine of Degh envisages a society which is materially satisfied, but which is guided by ethical and moral principle. While in a similar way, the doctrine of Tegh envisages a righteous rule- the rule of social, economic and political justice, having morality (based on Gurbani) as its chief motivating force. It also aims at either reforming the existing rule (if it is corrupt and unrepresentative) through moral force or to replace it by a ‘just rule’ with the help of sword in larger interest of humanity. Degh is a Persian word, meaning ‘a large pot’ for cooking food. In Guru Granth Sahib, this term has been used by Guru Nanak to denote ‘infinite generosity of earth that sustains and nourishes every creature on it. During Guru Gobind Singh period, the term was commonly used for Langar, that is, ‘community kitchen’ that serve food to all without any distinction of caste, creed and colour. It is also used for krah-parsad or parsad (holy pudding). In its temporal sense, Degh implies the material welfare of an individual as well as of the whole society (material satisfaction of human life). It acquires greater importance in the field of ‘social equity’ since it does away wall all distinctions of caste, creed etc. Thus, we find the remedy of untouchables through the doctrine of Degh. Tegh too is a Persian word meaning ‘a sword’ or sham sheer. In Sanskrit, Tegh means a Kharag, Kirpan, Talwar or Bhagwati etc. In Sikhism, the synonymous word for Tegh is Kirpan. The use of Tegh as a weapon for armed resistance highlights its utility aspect whereas its use as a symbol of force, self-respect, freedom, justice and sovereignty points out its moral aspect or its real values. Various Rehatnamas and Guru Gobind Singh lay stress upon the wearing of Kirpan as a weapon and other arms as an essential part of the Khalsa faith. In Zafarnama, the Guru highlights the importance of Kirpan as a weapon, in words: ‘When all peaceful means to defend righteousness fail, then it is right and lawful to take the sword in hand.’ Martial attributes have been assigned to God in both Guru Granth Sahib and Dasam Granth in Sikh faith. There God has been described as the Mighty Force, the Saviour, the Protector and Destroyer of evil etc. In Guru Granth Sahib, God has been spoken of as Asursinghar (Killer of devils). In Dasam Granth, God has been spoken of as Mahakaal, Sarbkal, Sarbloh, Bhagwati etc. McAuliffe stresses this divine importance of sword, saying ‘God subdues enemies, so does the sword, therefore, the sword is God and God is sword.’ Guru Gobind Singh’s God is Mighty Power (All Steel) and Khanda (double-edged sword) whose one edge represents God’s temporal power and the other His spiritual power. But, at the same time, fifth Guru, Guru Arjan Dev, speaks of calm and pacific nature of the Sikh faith, yet we find references in the composition of Guru Granth Sahib which show great emphasis of Halemi Raj (Righteous rule) in which none is to be victimised and which is to be established either by replacing the existing rule or by transforming the same under the guidelines of Dharam. In ordinary life, religion never preaches the use of force but force serves as an essential means when it becomes necessary to protect righteousness. In view of Dr Radhakrishanan, force derives ethical sanction when is to be used to restore justice and to ensure positive social functions as “an unarmed idealism can not subdue evil.” And it is very clear from the Sikh history that when the sixth and tenth Gurus chose the path of force, it was done only to defend righteousness and also as the last alternative after the noble sacrifices made by the fifth and ninth Gurus had failed to change the brutal hearts of the then Mughal rulers of India. Thus, the importance of ‘righteous war’ (Dharam-Yudh) in Sikhism. Again, the statement of Dr Radhakrishanan that “saintly souls can not use force for all their passion are killed”, does not hold true in the case of Sikh concept of Dharam Yudh, where saintliness is held to be the primary requirement for a person to qualify him for the use of force in support of righteousness. Apparently, as he says: “It is dangerous to be non-violent out of the fear for the consequences of violence.” Similarly, due to the changed socio-political situation in the later times, Mahatma Gandhi had to remark: “Where the only choice between cowardice and violence, I advise violence.” Further, the integration of Degh-Tegh-Fateh envisages a society, which is a spirito-socio-materio-ethico harmonised society. We find an undaunted and continued struggle to establish this ideal society in Sikhism, which should be materially and spiritually sound and are fully alive to the fundamental importance of justice in every walk of life. This ideal was shaped by Guru Gobind Singh through the maxim- Degh-Tegh-Fateh, the responsibility of which was enjoined on the Khalsa. It is very encouraging that the younger Sikh generation sees a definite mission in this slogan (watchword) of the Guru for attaining glorification of the Sikh Nation. D S Gill

A Tribute to saint-soldier Sant Jarnail Singh Bhindrawale (1947-84) On his birth day, February 12 Religion and politics are inseparable and synonymous in Sikhism. This concept is a great contribution of Guru Hargobind Sahib to Sikhism. We are considered anti-national. We wish to live in India, but are the Government of India prepared to keep us in India? We want to live in India as first-rate citizens, which, as at present, we are not. We would like to live on par with other citizens, rather than slaves. As we made 90% sacrifices in the freedom struggle of the country, we are not prepared to live like slaves. Now it is for the Centre to state whether it wants to keep us as slaves or as equal citizens. I am opposed neither to Khalistan nor in favour of it. It is for the government to decide whether it wishes to keep us in India or concede Khalistan. We will accept it; we will not repeat the 1947 blunder. My mission is to ensure that every one- Hindu, Sikh, Muslim remain true to one’s religion, and there is unity among all sections of people, that the modesty of woman is not violated, that all social evils are eradicated. For all this, I am dubbed as extremist. And, I do not mind being known as extremist; rather I am proud to be such an extremist. This is what Sant Jarnail Singh Bhindrawale had said at different times during Dharam Yudh Morcha (1982-84) and it has been reported in the SGPC White Paper, 1996 (Truth About Punjab). But on June 3, 1984, when the Golden Temple was under the siege of the Indian Army, Sant Bhindrawale did say unequivocally ‘now we can not live in India: ‘We need a separate home.’ Earlier too, he had expressed and repeatedly said that the day the Indian Army attacked the Golden Temple and Akal Takht, foundation of Khalistan would be laid, A R Darshi says so in his renowned book, Bhindrawale the Gallant Defender (1999). And now, to carry forward the mission of Sikh Guru- fully enshrined in Sri Guru Granth Sahib, as envisaged from Akal Takht, the glorious history of the Sikhs and its recent propagation by the Sant- we in International Human Rights Organisation propose the formation of a united front (third front) to all those opposed to the crafty politics of the so-called traditional Akalis, now largely led by Badal. And all those groups and individuals who distance themselves from the legacy of the Rajiv-Longowal Accord should co-operate, co-ordinate and actively participate in the proposed Panthic front. And they should have commitment towards the two historic documents- Amritsar Declaration and Anandpur Sahib Resolution, with an endeavour for fulfilling the spirit behind these documents and the Sikh litany Raj Karega Ga Khalsa. We in IHRO will appreciate if the interested groups or individuals could pool their efforts to for doing Sarbat Da Bhala (Welfare of all) and, thus, proving that Raj Karega Khalsa, Aaki Rahey Na Koi (when Khalsa rules, no one remains in distress) and making this mission a success. So, the Guru Panth has to project only the Khalsa polity. Sri Guru Granth Sahib is a perpetual Guru (Guide) and a model for truthful living: ‘‘Falsehood will perish, O Nanak, and truth shall prevail, ultimately.’ They should start afresh and stick to a new revolutionary ideology aimed at the spiritual rejuvenation, moral uplift and social emancipation of people, confronting the dogmatism and religious hypocrisy of the priestly classes and challenging the religio-political oppression of the contemporary leaders. It is a good beginning that Shiromani Akali Dal (Amritsar) president Simranjit Singh Mann, Shiromani Khalsa Dal president Bhai Daljit Singh Bittu and Damdami Taksal chief Baba Harnam Singh Khalsa, on February 12, the birthday of Sant Jarnail Singh Bhindrawale, at Fatehgarh Sahib, announced to carry forward the message of Bhindranwale to meet the aspirations of the people of Punjab with a firm faith in justice and peace. For this, they should put into practice the idea of collective leadership (Panch Pradhani) at the gross root level along with the concept of selection, propagated and practised by the Gurus and, thereafter, to sift out meritorious servers from amongst them. And they should strive to guide public opinion by propagating rational and constructive views on Sikh Polity and human rights, including the right to self-determination by virtue of which nations and peoples regain their lost countries, maintain their cultural identity, and establish basic human and economic rights. They should also co-operate and co-ordinate all political and other groups in Punjab who categorically distance themselves from the legacy of Rajiv-Longowal Accord and make commitment to secure socio-economic and political justice and the dignity of the individual. In addition, on that basis, combat racism and eradicate untouchability, castes and communalism. Will they be able to do all that, is no one’s assurance because all the splinter Panthic groups have a problem of being threatened or highjacked from each other. Smaller the group, graver is the problem. Ideologically, politically or commitment-wise, there seems no difference or contradiction among them to unite for the mission of the Guru. There may be some organisational or day-to-day working problems that may be sorted out by sitting together. Problem, which may crop up in the process of uniting, is of leadership. For some time, collective leadership may the best choice. But alas, petty vested interests with little uncanny personality cult seem a big hindrance in forming the United Front to lead the Panth. We do not know why they get together to celebrate birthday of great Sant Bhindranwale if they cannot get on for his mission. May God bless them with politically wise minds! D S Gill Chair IHRO

Source: https://www.ihro.in/?q=node/57 Kashipur episode reminiscent of Blue Star and November ’84 Minorities are insecure in India It is a political problem needs to be settled politically The Kashipur incidents are nothing but the repetition of the past happenings like Blue Star and November 1984 Sikh carnage managed and organised by the Congress regime of the time. And, it is not a coincident that this time, in case of the Kashipur episode, too it is Congress government in the saddle that had let loose state brutality and atrocities on the innocent farmers of the area. Seeds of the state repression were sowed by the BJP and Shiromani Akali Dal (Badal) together when Udhamsingh Nagar district was included in the newly formed Uttaranchal out of the Terai area of UP. And for these entire happenings, SAD president Parkash Singh Badal and the BJP could not be absolved of their responsibility for the sad Kashipur episode of uprooting the Punjabi farmers from their respective lands. The Punjab Rights Forum, a representative body of various political parties, human rights bodies and religious organisations of Punjab, sought immediate intervention of President of India to prevent the unfolding of yet another inglorious chapter in the relationship between the Sikhs and the government of India. The PRF’s constituents demonstrated on January 17 at district headquarters in Punjab to protest the ugly incidents in Kashipur. Since 1984, the Indian state has been following a sinister policy of retribution against the Sikhs in Panjab and elsewhere in the country. As a result, thousands have been killed extra-judicially, tortured, humiliated and imprisoned. It is very sad to note that the State has done nothing whatsoever to rehabilitate families of victims. On the contrary, to rub salt on their wounds, still a large number of detenue, young and old are languishing in prisons, some without trial. Recently, the Congress government in Uttaranchal Pradesh unleashed a wave of terror on Sikh and Punjabi farmers settled in Udham Singh Nagar district. Men were beaten up. Women and children were abused by the bureaucrats and police on duty. The Congress government evicted a large number of farmers settled there since 1947. This eviction was nothing but ethnic cleansing reminiscent of the days of 1947 and 1984. The Punjab Rights Forum also sought to restore back their land holdings, along with full compensation, and with constitutional guarantee that in future they would not be subjected to state ceiling laws except the then (at the time of merger) prevailing in UP. Meanwhile, hundreds of Sikh families settled in Udham Singh Nagar district of Uttaranchal have moved the Supreme Court, alleging that they are being illegally evicted by the state government from the land allotted to them. In a petition moved by the farmers through the Guru Nanak Mission International (GNMI), they pleaded that neither the political establishments in the state and at the Centre, nor courts below had come to their rescue even as the issue of their eviction by the Uttaranchal Government had been raised by them with Prime Minister Manmohan Singh, Congress President Sonia Gandhi and senior CPM leader Harkishan Singh Surjeet. Taking cognisance of the special leave petition of the GNMI, the apex court has directed that the 251 Sikh families facing eviction orders should not be disturbed from their land and status quo should be maintained. The petition was moved after the Uttaranchal High Court had refused to grant stay on eviction of these families belonging to Dohrivakil, Kharmasa, Panchwala and Ram Nagar villages in Kashipur Tehsil. They were settled there in phases between 1965 and 1970. The interim direction against eviction was issued by a Supreme Court Bench comprising Chief Justice Y.K. Sabharwal, Mr Justice C.K. Thakker and Mr Justice R.V. Raveendran, which issued notices to the Uttaranchal Government, seeking its reply. On January 23, Parkash Singh Badal along with other Akali leaders went to Kashipur to meet the victims evicted from the Escorts farm there. They, with tears in their eyes, narrated their tale of woe to Akali leaders. Many of the farmers and their families were still living in tents or in other improvised shelters, according to Dr Daljit Singh Cheema, secretary of the SAD. Commenting on what happened to the farmers at Kashipur, Badal, said, “Even the British did not go to the extent of demolishing the houses of freedom fighters like this. This incident had shocked the whole country. It was a grave violation of human rights. I have never seen elected government acting in such a cruel way against people.” Reports are pouring in from there that the state administration is not following or implementing the directions of the Apex court in its true spirit. Many people identify a Punjabi officer, Commissioner, Mr Sharma, for all the trouble and agony of the farmers. Punjabi Sikh farmers there are leaderless because most of them hold Parkash Singh Badal responsible for that had happened there. Badal clandestinely had sold his lands from Bazpur area knowing fully well that Sikh farmers will face problems after the merger of US Nagar district in Uttaranchal. And he had connived with the BJP and agreed to the merger proposal, the brainchild of Atal Behari Vajpayee. Surjit Singh Barnala, while he was Governor of Uttaranchal, did nothing to find out permanent solution of the problem. The land ceiling limit of 3.5 acres in Uttaranchal state always haunts the Sikh farmers. The Punjab leadership is too divided. It is not coming out effectively to help the Uttaranchal Sikh farmers. The interim relief granted by the Supreme Court is not sufficient or final solution of the problem. It is a political problem and needs to be tackled politically. D S Gill

Indian Extradition Case of Kulbir Singh Barapind 29 December 2005 Dr Condoleeza Rice US Secretary of State Washington Re: Indian Extradition Case of Kulbir Singh Barapind Dear Dr (Ms) Rice: In New York, on December 27, 2005, the Center for Human Rights and Global Justice (CHRGJ) has called upon you to withhold extradition of Kulbir Singh Barapind, who is more likely than not to be subjected to torture upon his to return to India. On behalf of the International Human Rights Organisation (IHRO), I would like to place on record that human rights situation was worst in the state of Punjab during the tenure of Sidhartha Shankar Ray as State Governor and JF Ribeiro as Director General of Police, Punjab. I would also like to bring to your kind notice that Ray headed a state government (Governor’s Rule), notorious for suppressing political activities and harassing ordinary citizens, while Ribeiro remained the chief of Punjab Police during the period 1985- 89 who had let loose the state repression of the worst order. The Federal Government in 1989 rewarded both these “gentlemen” by appointing them as Ambassadors to USA and Romania respectively for their “bravery” of butchering and eliminating active political resistance in this border state of Punjab. The Terrorists and Disruptive Activities (Prevention) Act, 1985 (TADA) provided that the Indian State, with a legal structure, shall counter political opposition by introducing special courts. These special courts, used to try all TADA cases, empowered the state to prevent any public presence at the hearings and proceeded with a presumption of guilt against the accused. The identity of witnesses was kept secret from the accused. Under TADA, the burden of proof was shifted from the prosecution to the defence. Confessions, even those extracted through torture, were made admissible in courts. By the end of 1987, there were about 4028 people charged under TADA. Various Indian human rights groups had accused the Punjab government of hiring undercover death squads to eliminate political activists. Advisor to Governor Ray, Ribeiro observed candidly that, “there was nothing unusual about the use of under-cover agents.” These death squads consisted of criminals released from prisons, who were provided weapons by the police to eliminate Sikh political activists, their family members and sympathisers with impunity. The death squads were also involved in extortion, abduction and other illegal activities. In a press conference held on July 30, 1989, Ribeiro had revealed that “under-cover” hit squads were organised by him “with the consent and knowledge of” the people who mattered (Rajiv Gandhi), and “that such operations were needed in view of the gravity of the situation.” However, later as was inevitable, such operations “had gone out of hand, with the police officers concerned losing control over their men, who were often caught indulging in illegal activities.” The Punjab police’s policy of using criminals for death squads became public after an “under-cover” agent, Dalbir Singh, shot two senior police officers in Patiala- SSP Sital Das and his deputy police officer Baldev Singh Brar, while being questioned. Many others like Santokh Singh Kala had revealed to the national and international media regarding their under-cover, illegal activities. “I have been gunning down some of the leading Khalistan militants,” the black bearded (Santokh Singh) Kala boasted… and was accompanied by three other members of his (death) squad… “As soon as I see someone I know is Khalistani I shoot him,” he (Kala) said. “The police give us ammunition… Whatever help we need from the police, they give it” (The Washington Times: April 5, 1998). The Indian paramilitary forces and the Punjab police forcibly took innocent women to police station where they were raped, tortured and paraded naked, according to a joint report by the IHRO the Nari Manch (Women’s Forum)- The Rape of Punjab, 1989. The most common reason put forth for their detention was that their husbands, sons or brothers were suspected of being linked with the “terrorists”, while the actual suspects were themselves absconding for fear of police atrocities and extra-judicial killing at the hands of the state agencies. During 1985-89, the IHRO investigated hundreds of cases of grave human rights violations in Punjab alone. Some of them have been incorporated in The Fascist Offensive in Punjab, 1989. These incidents are a witness to the fact that Ribeiro let loose butchery of the worst order in the state of Punjab. Subsequent to this, the regime of Punjab chief minister Beant Singh and Director General of Punjab Police, KPS Gill, proved to be more fascist than not. Therefore, the young Sikh activists such as Kulbir Singh were not criminals. They belonged to respective families of the Sikhs in Punjab. Nor the Sikhs consider them so. They became victim of the circumstance and political situation then prevailing in India. “Whereas it is essential, if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by rule of law,” also says the Preamble to the UN Declaration of Human Rights, December 10, 1948. The United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), as implemented in US law and policy, prohibits the US from extraditing individuals who are more likely than not to be tortured upon return. Under US law, the Secretary of State is required to consider all relevant facts when exercising this duty to withhold extradition. The relevant facts, in Barapind’s case, include the existence in India of a consistent pattern of gross, flagrant or mass violations of human rights, the experience of other similarly situated returnees to India who report that they were tortured on return, and the individual circumstances of Barapind himself. The application for relief by ENSAAF states that Barapind was tortured by Indian security forces before fleeing to the United States in 1993 and that his family and Indian officials tortured friends. The CHRGJ has submitted an amicus letter in support of the legal position taken by Barapind regarding US obligations under international and domestic law. “The Convention Against Torture makes it clear that the right to be free from torture is absolute and non-derogable,” Meg Satterthwaite, Research Director of the Center, has said in her amicus letter. “The evidence set out in the application suggests that an individual in the position of Barapind will more likely than not be tortured if extradited to India. Accordingly, a decision to extradite Barapind under such circumstances would plainly violate US law and policy. Diplomatic assurances from India would not necessarily protect Barapind against torture. The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment has criticized diplomatic assurances as unreliable, ineffective and non-binding. And the case Prof Devinderpal Singh Bhullar, who was extradited from Germany and now facing gallows in India, is a testimony to the fact that India owes nothing to any one, especially on human rights front. In light of these circumstances, we ardently urge your goodness not to extradite Barapind to India only to face the wrath of the State, and humbly ask you to rehabilitate him in US as he too has been kept in jail, for long, for no offence committed by him in States. D S Gill Chairperson https://www.ihro.in/?q=node/55

Dear Bikramjit Singh: I read your reply with care. It is very relevant to the topic. Your information about the subject is nearly true. And, thank you very much for appreciating IHRO work. My theme behind writing this piece was different from narrating history. Under the then given circumstances and the political situation, the Sikh leadership did not act or react wisely. They proved to be pawns in hands of both the parties. I mean, Hindus and the British. Taking that situation as it was, I tried to project my point of view in the now given circumstances and political situation. That is, “Frankly, we have to admit that the quality of Akali leadership has degenerated from the bad to the worst. Now, they (Akalis) have become thieves, corrupt, criminals and detractors of the people of Punjab and the Sikh Panth. The stuff in non-Akali ranks is overconfident of its sacrifices made during the recent Sikh struggle and a divided house.” “Let us, for the time being, learn from the Mohammad Ali Jinnah. At least, we will not be thrown away from the Panth as LK Advani has been shown his way by the RSS’s Panth. Many believe that Sikh League is the only answer as has been the Muslim League in Pakistan. But we still need Jinnah (leader of his stature) to lead it. Who becomes Jinnah of the Sikhs after Bhindrawale, is a right question, today, confronting the Sikhs in Punjab,” was the urge in my mind- might be wishful thinking. We need leader like Jinnah or Bhindrawale who can feel the Sikh problem, put it in its right perspective and conclude it the way both Jinnah and Bhindrawale did at different point of times in different ways. Both were victorious. Now, we Sikhs need Bhindrawale (leader of his prowess and stature) who can lead the Sikh nation democratically on political and diplomatic fronts. I think this will suffice for the time being and it makes my intention clear in airing my views in that small piece of writing. With regards, Yours, dsgill

source:https://www.ihro.in/?q=taxonomy/term/6 LK Advani will quit on the eve of New Year for praising Jinnah during his Pak visit December 27, 2005 LK Advani will quit on the eve of New Year for praising Jinnah during his Pak visit, While Sikhs must learn from Jinnah IN ISLAMABAD, Prime Minister of Pakistan, Shaukat Aziz, on Monday December 26, 2005, said that his government was committed to translate the vision of father of the Nation Quaid-e-Azam Mohammad Ali Jinnah into reality with a view to realizing the objectives of the creation of Pakistan. He was addressing a delegation of the Pakistan Muslim League, led by President D. Mohammad Amjad. The Prime Minister said, “We are dedicated to make Pakistan a strong and great country in the line with the ideals given by the Father of the Nation. Every Pakistani will have to make his contribution in this regard. With a strong Pakistan Muslim League (PML), the country would be more stable and the people would be more prosperous. The government is striving to develop the country politically, economically and society to fulfill the dreams of Quaid-e-Azam Muhammad Ali Jinnah.” Extending felicitations to the Christian Community, the Prime Minister said Quaid-e-Azam visualized Pakistan as a country for all segments of society, including the minorities. Therefore, everyone living here should actively participate in efforts to make Pakistan a progressive, forward looking and moderate country. Referring to the PML centenary celebrations being held next year, the Prime Minister said, there is a need to apprise the younger generation of the sacrifices made by our elders to achieve a separate homeland for the Muslims in the sub-continent. He informed that these celebrations would commence with great zeal and fervour from March 23, 2006 and would continue throughout the year. The message of the Quaid Azam would be highlighted for the benefit of the younger generation, he added, according to the Jang daily of Pakistan. While on the other hand, LK Advani will lose the leadership of the BJP on the eve of New Year 2006 most probably for praising Mohammad Ali Jinnah during his visit to Pakistan that had triggered his slide from the position of RSS’s blue-eyed boy. Indian people generally, except minorities, would not like to hear any praise of Pakistanis, especially of the stature of Mohammad Ali Jinnah, who is considered as an architect of Pakistan. Among Hindus, who are generally taken as intolerant of any one who is not Hindu, the RSS, BJP, VHP and their outfits are most fundamentalists who cannot tolerate people like LK Advani praising Jinnah for a song. This Hindu psyche cost LK Advani dearly. Mohammad Ali Jinnah had warned the Sikh leadership of this psyche during partition day. And he had offered to them in April 1947, in consultation with certain most powerful leaders of the British Cabinet in London, first through Master Tara Singh and then through the Maharaja of Patiala: "that a sovereign Sikh State, comprising areas lying in the West of Panipat and east of the left bank of the Ravi river, on the understanding that this Sikh State then confederates with Pakistan on very advantageous terms to the Sikhs.” But unfortunately, Master Tara Singh summarily rejected this attractive offer and the Maharaja of Patiala declined to accept it in consultation with Sardar Patel and Pandit Jawaharlal Nehru. While on the other hand, Hindu leaders had made certain promises to attract Sikhs to join India. In politics the highest principle is the principle of political expediency, promises are made to be broken (Chanakya). So, they broke all these promises “skilfully” as the Sikh leadership was politically naïve that time and had no vision and prudence like Jinnah. Hence, the suffering of the Sikhs started from the very partition of the country. Any way, given the political situation in the country and Punjab, do the Sikhs have competent leadership among Akalis? Frankly, we have to admit that the quality of Akali leadership has degenerated from the bad to the worst. Now they have become thieves, corrupt, criminals and detractors of the people of Punjab and the Sikh Panth. The stuff in non-Akali ranks is overconfident of its sacrifices made during the recent Sikh struggle and a divided house. Who will bell the cat? I mean who will channel their energies for the glorification of the Panth and Sikh nation. It is still a billion dollars question. Let us, for the time being, learn from the Mohammad Ali Jinnah. At least, we will not be thrown away from the Panth as LK Advani has been shown his way by the RSS’s Panth. Many believe that Sikh League is the only answer as has been the Muslim League in Pakistan. But we still need Jinnah to lead it. Who becomes Jinnah of the Sikhs after Bhindrawale is a right question today confronting the Sikhs in Punjab -D S Gill