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Sikh protests in US jolt India’s CBI as witnesses depose
WSN Bureau

SAN FRANCISCO:  Months after telling the court that a key witness in a case against former Union Minister Jagdish Tytler was simply not traceable and then suffering ignominy when media found him within hours, sleuths of the CBI, India’s clown version of the FBI, landed in United States to record testimonies of two witnesses in cases connected to genocide killings of Sikhs in 1984.

But, used to its harsh methods in India, the CBI team seemed to be harboring a similar mindset and its behavior with witnesses left much to be desired. In fact, the brashness with which it seemed to have conducted itself, going by the protests in United States, brought out the gaping flaws in Indian justice dispensing system as well its investigative prowess.

Shockingly, there was no effort to reach out to any other possible witnesses residing in the US. After all, both witnesses, Jasbir Singh and Surinder Singh, had expressed their inability and unwillingness to go to India, having lost faith in justice dispensing methods there. When the CBI tried to give Tytler, widely perceived to be guilty of leading blood thirsty mobs in India that burnt alive and killed hundreds of Sikhs as per official statistics, the two witnesses went public to say they were always willing to testify but the CBI never bothered.

Pressured by public opinion and opprobrium that the Diaspora heaped upon Indian officials and politicians, and under judicial orders, the CBI was forced to record statements of the two. But quite dramatic scenes marked the sleuths’ visit.

In San Francisco, when the Sikh community received information of CBI team’s visit, crowds representing many shades of Sikh opinion, gathered gathered outside the embassy to express solidarity with Jasbir Singh who had been asked to report to the embassy to depose. For reasons never stated, the CBI abruptly shifted the venue to Gadar Memorial on Wood Street.  Not to be cowed down, on the bright sunny morning, the protesting Sikh men and women, carrying placards bearing the names of Sikhs for Justice and Sikh Youth of America, walked two miles to reach the changed venue.

Dr. Pritpal Singh, Convenor of American Gurdwara Prabandhak Committee, Jaswinder Singh Jandi of Sikh Youth of America and Supreme Council member of Fremont Gurdwara Sahib, Jaswant Singh Hothi, Vice president of AGPC, Prof. Pritam Singh Cheema, Mrs. Sarbjeet Kaur Cheema, Ram Singh of Gurdwara Sahib Fremont, Rajinder Singh Thana and Gurjit Singh Jhampur of Sikhs for Justice, Kulwant Singh Khaira and Gurbachan Singh Rana of Sikh Youth of America were among the activists leading the crowds.

Activists later claimed that the Indian embassy officials tried to sternly tell the crowd to melt away and even asked the San Francisco police to evict the peacefully protesting Sikhs but this was not India and US cops are not Punjab Policemen. So obviously, there was not a fat chance of police suddenly throwing tear-gas shells or raining lathis on innocent unarmed peaceful Sikh men and women.

 
 

Indian Embassy Official taking photo
of Sikh protesters

Embassy officials tried to make to look like a “nuisance-to-neighborhood” case but with the neighboring residents actually stopping by to watch and offering sympathies to Sikhs gathered there, the police could clearly see that a peaceful protest was not a nuisance at all. An embassy official then appeared on the balcony with a camera, a sure shot way of intimidating people who could be applicants for visa at the same embassy, but no one bothered.

But clearly, what the Indian CBI team and the Indian officials failed to read was the subtext of this show of support for Jasbir Singh. Why did the community feel as if Jasbir Singh was walking towards the gallows if he was merely going to depose before the CBI cleuths? Because that’s how the law enforcement and investigating agencies in India often behave. The protesting Sikhs were looked upon as accomplices, and hence the threat to click them all with a camera.

Protests in New York too 

Earlier, last week, Delhi-based granthi Surinder Singh, who left India eight months ago after deposing before CBI this year, recorded his statement in Manhattan on Monday and Tuesday.

The CBI finally left the US but while there, it tried to prevail upon both Jasbir Singh and Surinder Singh to return to India to depose but both flatly refused. Both witnesses alleged that former union minister Jagdish Tytler played a role in instigating rioters. Tytler incidentally was also indicted by Nanawati Commission of Inquiry set up by the Government of India.

Sources said the CBI wanted both to appear in a video conference but then added the rider that they will have to go to the Indian Consulate for this, something both shrugged off.

Depositions by both Jasbir Singh in San Francisco and Surinder Singh in New York were marked by protests by Sikh crowds.

Surinder told media people that his father and brother were under Tytler’s influence. Jasbir Singh lost 26 family members in the massacre and escape death by shearing off his hair and beard.

 

The whole scenario demonstrated underlying message to Sikh community that nothing could happen to the alleged culprit so long authorities were on his side. In America, it would have been just the opposite. The American officials would have come to thank the community in collaborating with the law enforcement. Here, the role of the communities is encouraged, appreciated and rewarded for helping maintain justice in the society. For instance, the Bureau of Justice, Assistance of the US Department of Justice started the Community Based Problem-solving Criminal Justice Initiative. Collaborative Justice Court Advisory Committees make a difference in lives of victims and lives of neighborhoods. It also enhances ‘trust in justice system.’

It does not require much imagination to think what horrors Jasbir Singh might have undergone while revisiting the scenes of Hindu mobs throwing burning tire loops on turbaned and bearded creatures of India’s capital. The clobbering on their heads, gouging flesh from their bodies and eyes from their sockets were some acts that quenched the thirst of a section of people. For leaders of the mobs, it was just a preparation for Parliamentary elections. The proof came in an unprecedented victory of Congress in 1985. For the world media, the largest democracy of the planet had proved its mettle. 

Jasbir Singh is reported to have identified Jagdish Tytler and Sajjan Kumar as the main culprits leading the marauding mobs to maim, burn and kill Sikhs.  He has been asked to report again tomorrow. Attorney Gurpatwant Singh Pannu, who is legal adviser of Sikhs for Justice has stressed the need to formulate “hate crime” laws in India. 

Sikhs await with abated breath the outcome of this cry in wilderness, hoping for justice after 24 years of apathy. 

31 December 2008
 

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