SAN FRANCISCO: Baljit Singh, a Sikh, member of All India Sikh Student Federation, came to United States through Holland. He traveled on a Dutch passport in the name of Hayat M Seriff from Amsterdam to Chicago, Illinois under a pilot visa waiver program.

On August 19, 1990 he was detained at Chicago airport and alleged he is a refugee and wants to apply for political asylum based upon ill treatment and torture by the Indian police for his activities under AISSF and seeking creation of Khalistan.

A motion for change of venue was filed and Baljit Singh was transported by the Immigration Service, from Chicago to San Francisco where he was kept in Oakland jail pending his claim for political asylum,

A hearing was held at the office of the Immigration Judge Honorable Dana Marks Keener. Baljit Singh claimed torture, injuries and his case hinged upon whether there were scars on his body to suggest beatings and torture, An independent physical exam was conducted by Dr. Ajit Pal Singh Sandhu of Fremont who advised the Immigration Judge of his findings.

The Immigration Judge considered holdings in Desir vs. IIchert and in the matter of Chen and decided that a person suffered past persecution satisfies the requirement for asylum without having to establish a well-founded fear of persecution in the future. As a matter of law and discretion, the Immigration Judge granted Baljit Singh, the requested relief, a political asylum. After four months of detention Baljit Singh is a free person. Trial attorney Richard Cunan represented the Immigration Service and waived any appeal from the decision of the Judge.

Baljit Singh was represented by — Mohinder Singh, attorney at Law of Lafayette Calif for whom this case was the thirteenth political asylum won for Sikh freedom fighters.

Article extracted from this publication >> January 4, 1991