India: Information since 1990 on the Human Rights Wing of the Akali Dal and its investigation of unidentified bodies cremated by the Punjab Police, and on any police harassment of the Human Rights Wing
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1996 |
| Citation / Document Symbol | IND23174.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information since 1990 on the Human Rights Wing of the Akali Dal and its investigation of unidentified bodies cremated by the Punjab Police, and on any police harassment of the Human Rights Wing, 1 February 1996, IND23174.E, available at: https://www.refworld.org/docid/3ae6aad10.html [accessed 19 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided in a 6 November 1995 presentation to the DIRB by Jaspal Singh Dhillon, the chairman of the Human Rights Wing of the Shiromani Akali Dal in Punjab.
The Human Rights Wing was formed in November 1994 by human rights activists at the grassroots level of the Akali Dal. At its inception, the Human Rights Wing decided it would do more than just document human rights abuses. It created free legal aid cells, each manned by up to five people, in nearly all of Punjab's 13 districts, to serve the needs of those who have limited access to India's "expensive" judicial system. Approximately 147 lawyers "actively" work with the Human Rights Wing in "all the courts." Human Rights Wing members have has also gone onto Akali Dal platforms to educate people about their rights, and have translated into Punjabi the United Nations Charter of Human Rights, which has been distributed at all Akali Dal forums.
With regard to the Human Rights Wing's investigations of cremation grounds, Dhillon did not mention any specific dates. Records of three cremation grounds in one of Amritsar's districts were examined by members of the Human Rights Wing and it was discovered that approximately 1900 bodies listed as "unidentified" had been ordered cremated by the Punjab police. In February 1995 the Human Rights Wing filed a petition regarding these findings with the Punjab and Haryana High Court, which dismissed it. The Human Rights Wing then gave its case to a non-Sikh human rights group in Delhi, which filed the case with the Supreme Court of India, and the first hearing was held on 13 October 1995. Initially, the case came close to being dismissed by the Supreme Court. Following many complaints by lawyers in attendance, however, the Supreme Court ultimately issued notices to the Punjab government, the Home Secretary of Punjab, the Director General of Police and the Senior Superintendents of Police under whose jurisdiction the three cremation grounds fell.
The following information about the Human Rights Wing was found in various documentary reports.
According to two Amnesty International (AI) reports, in January 1995 the Human Rights Wing of the Akali Dal filed a petition with the Punjab and Haryana High Court regarding the deaths of hundreds of unidentified bodies (7 Sept. 1995; Oct. 1995, 2). It produced records from Amritsar district cremation grounds showing how several hundred "unclaimed" bodies had been cremated in 1992 by the Punjab police (ibid.; ibid. 7 Sept. 1995; HRW 1995, 154). The Human Rights Wing alleged that many of these bodies were people who had "disappeared" after being arrested by the Punjab police (AI 7 Sept. 1995).
Shortly after the filing of this petition, Jaswant Singh Khalra, the general secretary of the Human Rights Wing, was reportedly threatened (ibid.), and on 6 September 1995 was arrested by the Punjab Police (ibid.; ibid. Oct. 1995, 2; HRW 1995, 154; AP 16 oct. 1995). On 12 September 1995, Khalra's wife filed a habeas corpus petition in the New Delhi Supreme Court (AI 21 Sept. 1995; ibid. Oct. 1995, 3), but as of November 1995 Khalra still had not been produced in court (HRW 1995, 154). On 15 November 1995, following "persistent denials" by police officials that he had been taken into custody, the Indian Supreme Court ordered the Central Bureau of Investigation (CBI) to investigate Kalra's "disappearance" and to report back within three months (AI 16 Nov. 1995). The Supreme Court also ordered the transfer of Superintendent of Police Tarn Taran, who was allegedly involved in Khalra's "abduction" (ibid.).
According to the 16 October 1995 Reuters attachment, however, Khalra had not been seen since he left home on 22 September 1995. He had been collecting evidence from cremation grounds and post-mortem reports on young Sikh males allegedly killed by the police (ibid.).
The 3 February 1995 Indian Express attachment describes evidence it uncovered about the cremation of unidentified bodies between 1991 and 1993 by the Punjab police.
The February 1996 DIRB Question and Answer Series paper entitled India: Sikhs in Punjab 1994-1995 also discusses the cremation of unidentified bodies by the Punjab Police. This publication is available at all Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Amnesty International (AI). 16 November 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/35/95). London: Amnesty International.
_____. October 1995. India: Determining the Fate of the "Disappeared" in Punjab. (AI Index: ASA 20/28/95). London: Amnesty International.
_____. 21 September 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/27/95). London: Amnesty International.
_____. 7 September 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/26/95). London: Amnesty International.
Associated Press (AP). 16 October 1995. Krishnan Guruswamy. "Rights Group: Thousands Killed in Fake Encounters in Punjab." (NEXIS)
Dhillon, Jaspal Singh, chairman of the Human Rights Wing of the Akali Dal. 6 November 1995. Presentation to the DIRB.
Human Rights Watch (HRW). 1995. Human Rights Watch World Report 1996. New York: Human Rights Watch.
Reuters. 16 October 1995. BC Cycle. "Rights Group Accuses Punjab Police of 3,000 Deaths." (NEXIS)
Attachments
Amnesty International (AI). 16 November 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/35/95). London: Amnesty International.
_____. October 1995. India: Determining the Fate of the "Disappeared" in Punjab. (AI Index: ASA 20/28/95). London: Amnesty International, pp. 2-4.
_____. 21 September 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/27/95). London: Amnesty International.
_____. 7 September 1995. Urgent Action: Fear of "Disappearance"/Fear of Torture: India: Jaswant Singh Khalra, Human Rights Activist. (AI Index: ASA 20/26/95). London: Amnesty International.
Associated Press (AP). 16 October 1995. Krishnan Guruswamy. "Rights Group: Thousands Killed in Fake Encounters in Punjab." (NEXIS)
Indian Express [Chandigarh]. 3 February 1995. S.P.S. Pannu. "Skeletons in Punjab Police Cupboard," p. 1.
Reuters. 16 October 1995. BC Cycle. "Rights Group Accuses Punjab Police of 3,000 Deaths." (NEXIS)
