They also expressed concern that under anti-terrorist laws detention without trials allowed, and they are concerned about reports of torture of prisoners in detention. Committee members also said that the Armed Forces (Special Powers) Act was an emergency measures with no time limit.

Rosalyn Higgins, a British expert, said that the special powers act gave security forces the right to use “death-dealing weapons” but that personnel using such ‘weapons are “not accountable”. The Act allows security forces to shoot at sight, conduct summary trials and detain prisoners without a warrant.

Members said the authority given by these laws was all the more worrisome because the Indian Penal Code did not have specific laws protecting citizens against torture but rather depended on a case history of interpretation of a general constitutional guarantee of protection of life and liberty. Beri ‘Wintergreen of Sweden said that “Such general references are not enough. They must be clearly expressed; otherwise it is difficult to see if the covenant applies”.

Nisuke Ando of Japan said that answers given by Attorney General G Ramaswamy to the UN committee’s concerns were legally correct, but that “too legalistic an ‘approach may not be productive” and that “go much stress on a nation’s sovereignty may be counterproductive in the protection of human rights”.

Indian courts fail to punish the police offenders

Several committee members said that not ‘only did these anti-terrorist laws contradict international covenants on human rights, but also that human rights organizations in India and outside, had documented abuses by security forces and the failure of the government machinery to try them for such abuses.

Christine Chant, a committee member from France noted that special tribunal’s setup under the laws held hearings in secrecy, ‘with neither the site of the hearings nor the identity of the suspects made public. She said such secrecy violated human rights.

Ramaswamy refused to reply to Amnesty International members charges. He said the organization took into account only one side of the story and thus was not imperial. If the UN committee requested investigation into some of the cases cited, the government to find India might consider the request he said.

The UN bodies did not prove to be effective because their recommendations are not binding on the Indian Government. The UN is not a disciplinary organization. Similarly voluntary human rights organizations like Amnesty International and Asia Watch so far have failed to move the Indian Government. What’s, therefore, needed is a concerted international effort pressurize India to are reason.

 UK proposes to deport a Sikh.

Meanwhile, the PHRO headquarters received an information from its London office that British Home Office panel was considering whether to deport a pro- Khalistan activist Karamjit Singh Chahal alias Bhau (42).

According to PHRO, UK Branch Coordinator, Manjit Singh, preliminary decision on the first such case would be taken by three members of an advisory panel formed by the British home office to hear deportation case, In case of an order against Chahal, his supporters are expected to ask for a judicial review on the ground that he is a refugee. He can also appeal to the European Human Rights Commission in Strasburg.

The Sikh activist was ordered out by the home office last year for his alleged involvement in Gurdwara disputes and was retained under the National Security Act (NSA). The panel and the British government are under pressure from the human rights activists to stop his deportation in India.

It is recalled that the PHRO took up Bhau’s case and sent telegrams on Aug.19, to the U.N Under-Secretary-General, Jan Marten son, the British Home Secretary, David Waddington and the Amnesty Inter- national for immediate intervention in Chahal’s case of proposed deportation to India.

The telegrams were followed by a 20- page brief to the UN and British home office, which expressed fear that Karamjit ‘Singh was likely to be tortured, maltreated  and even liquidated as was the practice here in ease he was deported to India. PHRO understood that he was an avid advocate of a separate Sikh State, Khalistan, ‘and was engaged in enlighten other Sikhs

In the UK on this issue. He was an active ‘member of the International Sikh Youth Federation (ISYF) and keenly participated in the Sikh Gurdwaras affairs.

 Khalistan activist’s relatives tortured and killed.

Close relatives of the Bhau were earlier subjected to humiliation, torture and Killing in police custody. His married sister Sharanjit Kaur (35) and her husband, Manohar Singh Khaira was badly harassed. Both were picked up by the Jalandhar police on October 18, 1989 from their Residence in the city. Manohar Singh was detained under NSA and charged for harboring and aiding terrorists under sections 212/ 216 PCand3/4 TADA. Both were brutally, turned by the police with view to extract information, Manohar Singh was sent to jail while his wife was set free after keep  in illegal police custody for a couple of days.

Karamjit Singh’s sister and brother-in- law were made victims because the police had allegedly arrested Chief General of Khalistan Commando Force (KCF) Kanwarjit Singh Sultan wind and Panthic Committee member Nirmal Singh Mianwind from their house. They were said to be close relatives of the Bhau.

Kanwarjit Singh and Nirmal Singh, who were arrested from Manohar Singh’s residence on October 18, 1989, were neither produced in any court nor were they set free. They were summarily executed the same day. Later the police came out with a concocted story that when both the militants were being taken away in jeep near Sulej Cinema, Nirmal Singh jumped out of the jeep and tried to run away. The police asked him to stop but he did not, so the police freed at him and he fell down. In the meantime, Kanwarjt Singh too attempted to escape but he was soon apprehended. He consumed cyanide. Both died while they were being taken away to the hospital

But the PHRO investigation then made by its team rebutted the story. According 10 the team, both the militants were taken t0 an undisclosed place by the police immediately after their arrest and were killed in cold blood. Their dead bodies were then carried in a CRPF jeep near Sutlej Cinema, ‘Nirmal Singh’s body was thrown out of the Jeep and fired at by the CRPF personnel, Later the police told the bystanders that he was killed in an ‘encounter’ and the other ‘one consumed cyanide in the jeep itself. According PHRO information, Manohar ‘Singh was not their when the police raided his house. He was picked up later during, the day along with his wife.

The aged father & mother not spared

The Jalandhar police also raided the Bhau’s native village, Kaleke in Amritsar district, on October 18atnightand arrested his father Bhagat Singh 80), mother Charan Kaur (78) and his elder brother Shingara Singh’s two sons Kulbir Singh (25): and Jasbir Singh 21), Shangara Singh himself ‘was not at home at the time of the raid, ‘They were brought to Jalandhar where they were Kept in illegal custody for a week. During their detention, they were harassed; maltreated and abused, Karamjit Singh’s father, mother and sister (Sharanjt Kaur) were released after one weekend his nephews Kulbir Singh and Jasbir Singh were handed over to the Amritsar police. They were illegally kept at Mall Mandi torture ‘chamber and, according to family information, they were subjected to third degree and most inhuman methods there, Finally they were handed over to Mehta police in Majtha police district on November 9.

The Mehta police framed them in criminal ease under TADA alleging that both had addressed the meetings of the village folk and were instigating people to organize themselves for forming Khalistan It was also alleged that they instigated people to kill Hindus of the area to spread terror among them. They were also alleged to have exhorted the villager stop procure arms illegally to fight the Indian State and win the war for Khalistan.

His father-in-law Gurvail Singh and) brothers-in-law Navnit Singh and Nirbhai Singh were also harassed and prosecuted by the police when Karamjit Singh Last visited India in 1984.

The Bhau tells his story

The PHRO received a copy of an affidavit of Karamjt Singhs worn at Hounslow Law, Center (UK) on June 18, 1985; in which he had described how he was arrest along with his brothers-in-law and treated by the police.

I was arrested on March 30, 1984 by, Indian Police at Mehta Chowk in the district of Amritsar. The police had no warrants ‘but alleged illegal possession of arms and police confrontation. Two other arrested along with me were Navneet Singh and Nirbhai Singh.

We were taken from the scene of the arrest to Mehta Police Station. Shortly after the arrest my parents sent a lawyer ‘named Gurmail Singh Gill to meet me after whom I was taken to a cell, The Police had said nothing of my rights to see a lawyer.

The conditions in the cell in which I was detained were appalling. It was a room barely 10° by 7” in which on an average 14, 15 prisoners were kept. There were no lights, no fans and. ventilation, making conditions in the cell stifling. There were no toilet facilities available except for an urn at one end of the room for relieving oneself. Occasionally the Police would take us handcuffed to an old discarded tuck kept for toilet purposes.

No food was provided by the authorities. The only sustenance we received was that food which was occasionally let through from my family.

“Sometimes the cell population would go as high as 20 prisoners resulting in severe overcrowding and making any movement very difficult. During my nine day stay at this prison, not once were we given any bathing or cleaning facilities.

There were five of us who had been arrested in connection with having links with Sant Jamail Singh Bindranwale. Only five were kept handcuffed all the time.

At night, the Police men would come, in ‘drunken state, to the cell and take one of 1st outside into the open and lay us face down on the ground and beat us with wooden staves until we were unconscious. Only prisoners suspected of having links with Sant Bhindranwale were subjected to beatings.

Article extracted from this publication >> October 4, 1991