Sikh granted Asylum

LA,CALIFORNIA: A Sikh man from India has been granted political asylum by an Immigration Judge in Los Angeles, California.

Mr.Singh, whose full name is withheld to protect relatives in India, arrived at Los Angeles Airport in September, 1992 without proper papers. He was arrested by the Immigration Service and imprisoned by INS near Los Angeles.

Mr.Singh comes from a village in District Farid Court, Punjab. In 1983, while attending college, he joined the All India Sikh Student Federation (‘AISSF”).

In October 1984, Mr.Singh’s brother, sister-in-law, and their family, living in New Delhi, were attacked and burned to death by a Hindu mob. Mr.Singh’s parents were mocked, by the authorities when they requested restitution for their son’s murder, In response, Mr.Singh became more active, becoming the “In Charge” of his District for the AISSF.

In July,1988, Mr.Singh was arrested and thrown into jail, He was never charged with a crime or brought before a judge, but was held two years, beaten, tortured, humiliated, threatened, and ordered to avoid politics, before he released. Mr.Singh was again arrested in July, 1990, and held for four months, He was often beaten, abused, threatened and questioned about Sikh militants. In March, 1991, Mr.Singh was arrested again, at a private meet before getting released by a large bribe. But the police told him, “next time we’ll kill you in a false encounter.”

Later that year Mr.Singh narrowly escaped death when the police arrested several of his associates and murdered them in false encounters. But Mr.Singh was warmed in time and escaped arrest. Because he was certain he would be killed if he remained, Mr,Singh finally resolved to leave India. He traveled to New Delhi secretly, made travel arrangements, and fled to the United States.

In the Immigration Court hearing, Mr.Singh’s claim was supported by an unusual amount of evidence . These documents included background material about India and the Punjab. Also there were various exhibits proving his family’s and his problems in India and the Punjab, A letter from the United States State Department claimed that India is a “democracy,” but admitted to serious wrongs by the police in the Punjab. Then the Judge reviewed the facts of the case, based on the Applicant’s testimony in Court and the proofs he had supplied. He found that the Applicant and his family had been harmed because of being Sikhs and because they opposed the policies of the Hindu government of India, Furthermore, he found that Mr.Singh had a “well-founded” fear of harm if El Centro, California.

Mr.B was eventually released on bond. Later on, he worked in San Francisco, and his case was moved to the San Francisco Immigration Court.

Ata hearing held on December 18,1992, Mr.B testified at length about his experiences as a Pakistan Peoples’ Party (“PPP”) activist. Mr.B came from a politically active background. One brother, a PPP leader, died in 1981 under the martial law regime of General ZiaulHaque. Another brother was forced to leave Pakistan in 1990 after interrogation and threats by the police. Mr.B himself was a Finance Secretary of the Pakistan Students’ Federation (“P.S.F.”), an organizer in the Peoples’ Youth Organization (“PY.0.”), and a Joint Secretary of the PPP. He was also frequently in the public eye as a member of organizations such as Y.M.C.A., Youth Front Pakistan, Tharik NijazEFiya Jafria, Tharik Takmila Pakistan, and Tanzeem Alfajar.

Mr.B was first arrested in 1985, during a political protest. While detained, he was beaten and mistreated by the police. In 1989, he was prevented from taking his college examination when he was attacked by II thugs swinging hockey sticks. His brother’s leg was broken in that attack.

After the October 1990 election, Mr.B suffered repeated harassment by the police and the thugs of the opposing party. In January, 1991 he was arrested at a protest rally demanding fair elections, and was again mistreated and threatened. On April 4,1991 Mr.B was arrested for the third time, at a political march. He and a group of PPP demonstrators were attacked by IJ hoodlums and police, He was badly beaten, burned and mistreated during more than one month in custody. The police also threatened to imprison him or kill him if he did not get out of politics, He was released on bond, but his bond was cancelled under the “Speedy Trial Act.” Without a trial, a sentence of one year was imposed. Meanwhile UI leaders told him they would have him mistreated or killed in prison unless he joined UI. Upon the advice of his lawyer, family, and political associates, Mr.B then fled Pakistan. Mr.B’s case was supported by an unusual amount of evidence. This included not only background material about Pakistan politics and the PPP, including recent turmoil, but also exhibits detailing his PPP, PSF, and PYO activities, his arrests, his family background, and his flight from Pakistan. Even a letter from the U.S. State Department commented favorably on his application. The Judge specifically found that the order for one year’s detention was persecution due to his political beliefs, and was not legitimate “prosecution.”

Judge De Costanzo therefore granted political asylum to MrB. The decision became final on the first instant of New Year’s Day, 1993.

Article extracted from this publication >>  February 19, 1993