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N
E W S September
17, 2003: California, USA
Although secret evidence cases have been highlighted in the press since 9/11, the use of secret evidence has been going on long before then. Powers granted to federal prosecutors following the 1995 Oklahoma City bombing are still being used to imprison immigrants based on secret evidence. Case in point - Harpal Singh. After being arrested four times between 1987 and 1992, and put through brutal torture by Indian authorities, Harpal Singh skipped bail and escaped to the United States with his wife Rajwinder Kaur in 1993. When they arrived in New York, both Harpal Singh and Rajwinder Kaur applied for asylum at the airport. While their application was being processed, the couple moved to northern California. Harpal Singh has never been charged of a crime by the United States, and the Indian Government has never asked for his extradition, yet when Harpal Singh stepped outside the courtroom after his asylum hearing with the Immigration and Naturalization Service (INS), four years later, he was arrested and thrown in jail. Harpal Singh was accused by the INS of "engaging in activities which asserts constitute terrorist activities" that would statutorily bar him from asylum and qualify him to be deported. He was also deemed a threat to the national security of the United States. And all the evidence against him is classified National Security Information (NSI) which neither he nor his lawyers have ever seen. When asked why he thinks the government is detaining him, he said it was because of his activism in the Khalistan movement. The Khalistan movement is a separatist movement which
gained strength after the 1984 attack of the Golden Temple (Darbar Sahib)
by the Indian Army, also known as 'Operation Blue Star,' and the pogroms
against Sikhs after the assassination of Prime Minister Gandhi orchestrated
by the Indian government. And for the next ten to fifteen years, what
followed was atrocities committed by Indian officials to squash those
they perceived as involved in the insurgency, mostly young Sikh men. It
was during this time that Harpal Singh became a "central figure"
in the Khalistan movement. A Dissident is Here The events of 1984, he said, made him realize his faith.
He grew his kesh (hair) and began wearing a turban. As an attorney, he
helped defend young Sikh youths who had been falsely accused of being
militants. Harpal Singh became a political activist. In 1985, Harpal Singh joined the All India Sikh Student Federation (AISSF) which was a non-violent group until it split into multiple wings, some of which advocated violence. His only involvement in the original non-violent AISSF, he said, was to organize large rallies to protest the Indian government's political agenda for Punjab, raise funds, and publicize the government's abuses against Sikhs. One of the rallies he organized was held to protest the building of a canal which would take water from Punjab; 200 people were arrested. Soon after, fifteen police officers detained him for questioning regarding Atinder Pal Singh, a vice president of the AISSF. He was also accused of anti-government activities and locked in a cell at the police station where he was tortured by having his legs pulled apart until the muscles tore. Harpal Singh's father, a retired semi-government official, used his influence to have him released. Harpal Singh was warned and threatened not to continue his political activities, but his political convictions only grew stronger from the brutalities he suffered. Harpal Singh continued to attend meetings and rallies and he continued to help young Sikhs in court. But he remained disconnected with the violent factions of the Khalistan movement. Most militants went into hiding. This was a time when 'fake encounters' were common and thousands of young Sikh men 'disappeared,' as documented by Amnesty International, Human Rights Watch, and many other human rights groups. Harpal Singh was arrested again in 1989 for questioning about the whereabouts of other leaders of the AISSF, Charanjit Singh and Gurjit Singh. Charanjit Singh was accused of providing ammunition to the people who killed Sant Longowal. Both Charanjit Singh and Gurjit Singh died later in police custody and in a fake encounter, respectively. When they did not get what they out of Harpal Singh, the police tortured him by tying his hands behind his back and lifting him off the ground by a rope placed between his arms. The muscles in his shoulders tore and broke. He then had his legs pulled apart while a heavy steel roller rolled over his thighs. He could not walk or move his arms. Again, Harpal Singh's father intervened and he was released. They took him to the hospital. Later that year, Harpal Singh was arrested a third time. He said the police detained him for agitating for Khalistan and again tortured him. They broke his leg twice, for which he spent three months in a jail hospital. Rajwinder was harassed by the police who visited her at her in-law's house regularly while her husband was in jail. Harpal Singh was finally released after his father posted bail. But this time he went into hiding. Activities in the United States In 1990, Harpal Singh fled India and came to Canada where one of his brothers was living. From there, he entered the United States and moved to California. He stayed with friends who were members of the Sikh Student Federation. After settling down, Harpal Singh continued his political activities. He joined the Sikh Youth of America (SYA), an organization which supports Khalistan but is against violence outside India, and traveled the country speaking at various Gurdwaras and private homes about the situation of Sikhs in India. He participated in demonstrations, including one at the Indian consulate in San Francisco, and encouraged Sikhs to donate money to the Khalistan movement, although he claims he never personally handled the money. He told people to send their contributions directly to India or Pakistan. He only provided telephone contact. Harpal Singh spent the next two years continuing these political activities, supporting himself by driving a truck. During this time Harpal Singh also received a temporary resident's card through the legalization program using false identification cards. In 1991, Harpal Singh and a friend, Pritpal Singh, formed the Khalistan Affairs Center that continues to be used as a lobbying office today. It is run by Amarjit Singh. Harpal Singh and another friend, Daljit Singh, also set up a trust to buy the Canadian newspaper Chardi Kala that is currently operational and covers stories about Punjab. That year, the FBI questioned Harpal Singh about the Panthic Committee, formed in 1986 as the Khalistan government in exile. The FBI told him that he was "free to propagate Khalistan" as long as he did not use or promote the use of "force." Also that year, the Khalistan Liberation Force (KLF) kidnapped a Romanian diplomat, Liviu Radu. Harpal Singh told TSS that he was instrumental in his release. He and several people active in the Khalistan movement decided that the SYA would issue a press statement that called for the unconditional release of Radu. The statement was published in every newspaper in Punjab and in international Sikh publications. Eventually, Radu was released unharmed. Harpal Singh said that the kidnapping only harmed the cause and that it should never have taken place. Back to India But in 1992, Harpal Singh returned to India. His wife was very sick. Only one other person knew that he was going back to India. When he arrived at Bombay Airport, both he and his contact were arrested, blindfolded and flown to New Delhi. In detention, Harpal Singh was shackled and interrogated about his actions since he left India and his involvement with Sikh organizations in the United States, including Sikh Youth of America, the World Sikh Organization, and the Khalistan Affairs Center. He was again tortured with beatings and electric shock. He was accused of collaborating with various individuals sympathetic to the Khalistan movement and of participating in the kidnapping of the Romanian diplomat, Liviu Radu. Harpal Singh was then turned over to the Punjab police who threatened to charge him for possession of explosives in a fabricated case. Escape Harpal Singh's family had been searching for him and finally located him in Punjab. His father attempted to find more information on his son, but this time he was unsuccessful. He turned to human rights organizations such as the Punjab Human Rights Organization, Asia Watch, and Amnesty International for assistance. Harpal Singh was released five months later on bail. He and his wife went into hiding, and in 1993 they left India. They left behind their six-year-old daughter who is staying with their family. Upon arrival in New York, Harpal Singh presented a newspaper article about his arrest to the INS and asked for asylum. Back in California, Harpal Singh again became involved in the SYA and with the Khalistan Affairs Center. Involved Harpal Singh testified that he had been in close contact with two key militants in the Khalistan movement, Daljit Singh (also knows as 'Bittu') and Paramjit Singh (also known as 'Panjwar'). Harpal Singh said that he and Daljit Singh were college buddies. By 1991 Daljit Singh became president of the Sikh Student Federation (SSF), a member of the Panthic Committee, and a convener of the International Sikh Youth Federation. He was in contact with Sikh leaders from around the world. Harpal Singh began to phone him regularly from California after a mutual friend brought them together. But Harpal Singh claims that "their discussions included the need for a more effective lobby; better media; efforts to get the United Nations involved; fundraising for Sikh refugees in Pakistan, and generally how to keep the movement going." Harpal Singh told TSS and in his testimony that his political views were that militancy hurt the Khalistan movement. And because of his views, he and Daljit Singh never discussed the acquisition of weapons or the recruitment of militants. He also told TSS and he testified that he never handled any money or sent any money to Daljit Singh. Harpal Singh believed the movement should not resort to militancy until they receive recognition by the United Nations as a "disturbed area." He said his only involvement was that he assisted many people reach Daljit Singh in Pakistan by telephone. He connected calls. Some of the callers were journalists from the newspaper Ajit and the Tribune who wanted a statement from Daljit Singh. Paramjit Singh was a general of the Khalistan Commando Force (KCF), designated the Khalistan army in exile in 1986. Harpal Singh stated that his involvement with him was limited to discussions of political strategy and militancy; the work of human rights groups in Punjab; and Canadian, American, and Sikh politics. The sticky point came when he sent $2,000 to Paramjit Singh in Pakistan. Harpal Singh told TSS and in his testimony that it was used to buy a truck. The documents for the purchase were presented as evidence to show that the money did not go for terrorist purposes. And although he had never met Paramjit Singh, he also sent $2,000 to his wife and $5,000 to his grandfather for medical treatment. Activism Continued Harpal Singh continued to contact Sikh activists and politicians in Punjab. In the United States, he organized and conducted fundraising activities for various groups including Khalistan Affairs Center, the Sikh Defense Fund which provides legal assistance to Sikh asylum seekers detained in North America, the Akal Academy which is an educational institute in India, and the Sikh Society of Punjab which provides education and medical assistance to Sikh refugees in Pakistan. In his testimony, Harpal Singh stated that he believes the situation in Punjab is a civil war and that the use of violence is justified in a civil war as long as it does not target civilians. He also testified that he was never involved in training militants, funding militants, or transporting militants. All he did was to tell people "who to call." Harpal Singh's activities in the United States also included forming a committee to press the United Nations to recognize the Sikh people in India as a 'separate nation' and to declare Punjab a 'disturbed area.' In 1995, the FBI questioned Harpal Singh about his return to India in 1992 because they said that members of his community had accused him of being an agent for the Indian government. They discussed his asylum application. Harpal Singh told them that he wanted asylum so that he could bring his daughter to the United States. Rajwinder Kaur, his wife, testified that her only involvement in her husband's affairs was limited to exchanging pleasantries. She was aware of her husband's involvement with Khalistan affairs and Khalistanis, but that was all. She also testified that they tried to bring their daughter Navroop to the United States but were unsuccessful. Punjab today Returning to India is not possible for Harpal Singh. He testified that he fears he would be arrested, physically tortured and killed. His sentiments were supported by Cynthia Mahmood, PhD, an expert in South Asian and particularly Sikh affairs. She testified that Harpal Singh was a "central figure in the expatriate Khalistani movement" and that he is one of 50 to 100 people worldwide who are seriously at risk in India. She also testified on the condition of Punjab today - that there are three groups that remain a risk: Khalistanis; those previously arrested; and women. The former (K.P.S. Gill) and current Director General of Police of Punjab have publicly stated they see a continued security threat to India from prominent Khalistanis living outside India, in Pakistan and the West. If a threat were to again arise in Punjab, Mahmood believes that the Indian government would not hesitate in cracking down excessively. "Recent human rights improvements in Punjab are not durable, fundamental, or systemic changes." Part II - Shadows Harpal Singh and Rajwinder Kaur arrived in New York in 1993 and applied for asylum and withholding of deportation. To defeat those applications, the INS presented classified evidence and secret witnesses. The next issue will examine the immigration judge's ruling, the vagueness of secret evidence, the Patriot Act, legal tactics, politics, and the appeals that continue. "And if he is guilty of aiding and abetting terrorism,
you might be too."
Copyright
©The Sikh Sentinel 2003 |
It
was not easy to give a telephone interview, but he made several fifteen-minute
time limit calls to tell his story. That is how it works in jail, and
that is where 45-year-old Harpal Singh has been since 1997.