LOS Angeles, CA: After 3 years and 3 months of confinement without bond, without any proof of criminal act, 31 years old Sikh youth, Jasbir Singh Bajwa was deportation to India by US. Immigration authorities in the middle of May, 1988.

Jasbir Singh Bajwa was the President of All India Sikh Students Federation (AISSF), Jullundur district chapter, from 1979 to 1981. From 1981 to 1984, he was member of National Executive Committee of AISSF and organized demonstrations to seek justice for the Sikhs. He was arrested twice by Indian police, which included a nine day incarceration and inhuman torture against him. He survived the 1984 massacre at the Golden Temple and fled from India to save his life and tell eyewitness accounts to the Sikhs and people abroad. He landed in the U.S. on December 18, 1984 under an assumed identity.

On February 8, 1985, Jasbir Singh was arrested by U.S. immigration authorities as deportable alien. He was released on bond and rearrested in Duarte, in March, 1985 and he applied for bond and political asylum because of the fear of persecution in the event of deportation to India. In spite of all the evidence and proof of previous torture the judge denied his bond and ordered’ deportation on July 26, 1985. The following legal violations of his rights were very evident:

  1. Jasbir Singh or his attorney were never allowed to cross examine the witnesses presented against him (the confidential reports of the informants were seen in camera only),
  2. No evidence was disclosed against him at the time of hearing.
  3. He was never allowed to call witnesses and introduce evidence in his own behalf.
  4. No transcript of hearing was provided for the purposes of review.
  5. He was deemed guilty without proof and proper defence. It is apparent from these errors that it ‘was a mistrial. Appeals were made to Bureau of Immigration appeals and to the highest INS court, the 9th circuit courts, but they were rejected without much explanation. Three habeus corpus appeals were rejected as well. Every time the undisclosed and uncontested reports became barriers to seek justice.

After the final denial from the circuit court, the following efforts ‘were made;

  1. Experienced attorneys were retained to file an appeal at the U.S. Supreme Court, Number of difficulties were experienced and the legal counsel and former advisor to United Nations wrote from Washington, D.C.”……. I know you were extremely frustrated in dealing with this case, such as in finding it impossible to get a notary into the detention facility. It is indeed a yery poor system of justice that is offered by the immigration courts. I am impressed by your untiring efforts in behalf of Mr. Bajwa. I believe we did everything that was humanly possible to save his life”. Once the case was mishandled by lower courts, it is very difficult to correct it at the higher level besides being so expensive and cumbersome.
  2. Dozens Of countries were contacted for volunteer departure. Some diplomats clearly told us that they were under political pressure from Indian government, not to accept Sikh youth. (Apparently because Indian propaganda machinery has branded them as “terrorists”). Some diplomats did not ‘want to accept Sikh youth to please the Indian authorities.
  3. Several human rights organizations were contacted for help on humanitarian grounds. They were in the process of making enquiries, the INS expedited the procurement of travel documents and Indian Consulate did the job in minutes whereas they take months if ‘a Sikh applies for a visa.
  4. Number of Congressmen and Senators were contacted to propose private bill last year, but it never materialized due to unknown reasons.

Many other efforts were made at the National and International level, but of no avail. It was painfully realized, that the image of the Sikhs has been tarnished so badly by the Indian rulers that the: have no choice except to create their own homeland where they can defend themselves.

This case carries some very important messages for every living Sikh:

  1. Indian Government controlled press has tarnished the Sikh image very badly. They do not have motherland. Every Sikh has the responsibility to tell the truth about Sikhism and current genocide. The Sikhs are Saint Soldiers. Saints to serve humanity and soldiers to protect the oppressed. They wish well for everyone (Sarbat da Bhala).
  2. Seek political support in real sense. Empty statements are meaningless until proven in practice. Become voters and support the candidates who stand for human rights and are courageous enough to pass resolutions against Sikh oppression.
  3. Let us reveal the secret witnesses against Jasbir Singh under the freedom of information act. It may be another Judy Russel trying to work under the direction of Indian intelligence to deport our youth into the hands of death squads. It we cannot find justice here, then it may not be available anywhere else. It may be expensive but can be achieved.
  4. Establishment of emergency Sikh Legal Fund is urgently needed. A great difficulty was experienced to raise enough funds to seek justice in the Supreme Court. Much needed money never arrived on time? A humble suggestion is to contribute $1/Sikh/Year towards such fund. A fund under the name of American Sikh Legal Fund has already been started. Professional accounting will be provided to all the donors and a legal committee will be responsible for this fund. All contributions will be acknowledged. More information can be obtained through World Sikh News.
  5. Sardar Jasbir Singh Bajwa conveyed his heart felt gratitude to all those who helped in this cause. He appealed to Sikh masses for Sikh unity and to follow the Sikh tenets in true sense, overcome ego and live by “Waheguru ji ka Khalsa, Waheguru ji ki Fateh”. The KhaIsa is dedicated to wondrous Lord and Victory will be His.

Reported by: H. Singh and B. Singh

Article extracted from this publication >> May 27, 1988