By Inder Jit
(Released on 9 April 1985)
Indo-British relations have been remarkably close and cordial over the years— and marked by purposeful cooperation. Yet these have come under an unfortunate cloud during the past few months, thanks to the diabolical and disgusting doings of the Sikh extremists residing in the United Kingdom. Great significance, therefore, attaches to the stopover of Mrs Margaret Thatcher in New Delhi on Saturday for talks with Mr Rajiv Gandhi, on her way back home from her tour of South-East Asia. Indeed, both New Delhi and London are looking forward to the meeting between the two Prime Ministers — and keeping their fingers crossed. Mrs Thatcher and Mr Gandhi have met twice before — in New Delhi following Mrs Gandhi’s assassination and in Moscow at the funeral of Chernenko. This has enabled Mrs Thatcher, who is known to be “enormously impressed” by Mr Gandhi, to know him personally and vice versa. In fact, Mr Gandhi reflected his own feelings towards Mrs Thatcher last week when he told the Financial Times of London: “Indira Gandhi and Mrs Thatcher had a close relationship. I think they just got along well together. I would like to continue that sort of personal relationship.”
New Delhi’s relations with London soured even before Indira Gandhi’s assassination. This happened when the self-styled leader of Khalistan, Dr Jagjit Singh Chauhan, was widely reported to have advocated over BBC the murder of Mrs Gandhi for sending the Army into the Golden Temple under “Operation Blue-Star.” Public opinion in India was greatly outraged and demanded swift and strong action against Dr Chauhan and his co-conspirators. They also wanted Whitehall to firmly put a stop to pro-Khalistan activities in Britain and incitement to violence against India’s unity and integrity. Matters worsened following Mrs Gandhi’s assassination and further interviews with Dr Chauhan on BBC. New Delhi again conveyed its resentment to London. But the latter failed to respond adequately, constraining New Delhi to undertake a series of significant steps. A virtual freeze was put on several major British contracts for the supply of vital defence hardware worth thousands of crores of rupees. In addition, the visits of the Defence Secretary, Mr Michael Haseltine, and the Industry Minister, were postponed, as also the prestigious British Aerospace exhibition.
London has felt greatly upset over the developments. It feels more sinned against than sinning and has been trying patiently and quietly to set the record straight over the past few months. One major point is made. Dr Chauhan has doubtless made statements that have shocked and dismayed Mrs Thatcher and others. At the same time, however, he has been very clever in terms of the law. What he has actually stated so far does not amount to a crime, according to Britain’s Director of Public Prosecutions, an independent authority. How? Why? Contrary to a popular impression, Dr Chauhan, it appears, did not quite advocate assassination of Indira Gandhi on BBC. Asked in an interview on June 12 last if he actually wanted “to see the downfall of Mrs Gandhi’s Government?”, Dr Chauhan replied: “You will see the Sikh history is that anybody who has touched the holy place was never left alive and I tell you today you may call it a prophecy. But within a few days you will have the news that Mrs Gandhi and her family has been beheaded. That is what the Sikhs will do, I tell you. I am sorry to say that… That is history.”
London argues: The Director of Public Prosecutions and the Police have looked at Dr Chauhan’s statement very carefully. But they have come to the conclusion that they cannot prosecute him, as in the case of the reported reward of one lakh pound or £50,000 publicly offered by him to anyone who “brings the head of Mrs Indira Gandhi”. The origins of the reward story lie in two incidents. First, a Press release on June 7 last signed by one “Mehtab Singh” and purported to have come from the “Khalistan National Organisation” at an address in Reading which is in fact Dr Chauhan’s. This statement offered an award of £ 50,000 to anyone “who brings Mrs Gandhi and her son Rajiv Gandhi dead or alive at the Golden Temple, Amritsar.” Second, on June 8, the Urdu paper daily Jung published in London carried a news item which said that Dr Chauhan had been asked by “Mehtab Singh” to announce an award of £ 1,00,000 for the head of Mrs Gandhi. Dr Chauhan has denied responsibility for either and said: “I know no Mehtab Singh.” The British Police has not been able to identify Mehtab Singh either, leaving Dr Chauhan cleverly free.
Many informed persons in New Delhi, therefore, agitatedly ask: Can’t Britain throw out Dr Chauhan since he is not a British citizen? True, Dr Chauhan is not a British citizen. What is more, he is not eligible either to register as a British citizen. He could apply for naturalisation. But he has cleverly not done so as the granting of naturalisation would be at the Home Secretary’s discretion and there would be no right of appeal to the Courts. Why then is Dr Chauhan permitted to remain in Britain? The reasons: He has been “ordinarily resident” in the U.K. continuously since 1971. This is a legally defined term in the context of the 1971 Immigration Act. Under British Immigration Rules, someone who is ordinarily resident for four years or more can acquire the legal status of being settled or “having indefinite leave to remain” in the U.K. Thereafter, his continued stay requires no further authorisation and no conditions can be attached to it. Dr Chauhan acquired the status of being “ordinarily resident” in Britain in March 1977. He is of course subject to the laws of the U.K.
New Delhi again conveyed its resentment to London. But the latter failed to respond adequately, constraining New Delhi to undertake a series of significant steps. A virtual freeze was put on several major British contracts for the supply of vital defence hardware worth thousands of crores of rupees. In addition, the visits of the Defence Secretary, Mr Michael Haseltine, and the Industry Minister, were postponed, as also the prestigious British Aerospace exhibition.
Two other questions arise: Can Dr Chauhan be deported? Or, can Dr Chauhan be extradited? London has explained that the Government can only deport people where the law allows this. Under the Immigration Act 1971, all Commonwealth citizens ordinarily resident in Britain since 1973 are exempt from deportation. This provision in the framing of which the Indian lobby played not a little part, benefits large numbers of Commonwealth immigrants, including Dr Chauhan and his like. Extradition from Britain to Commonwealth countries such as India is governed by the Fugitive Offenders Act, 1967. (There are no Extradition Treaties.) London argues it is thus for the Indian authorities to take the first step if they want extradition. There would have to be a charge against Dr Chauhan in an Indian Court. The Indian authorities could then apply to the British Courts for his extradition under the 1967 Act. If the British Courts believe that the charges brought against Dr Chauhan were politically motivated or not solidly based both in law and on evidence, they would be legally obliged to refuse the application.
Unfortunately for New Delhi, the responsibility for initiating prosecution belongs not to the executive arm of the British Government (i.e. Ministers and Departments) but to the Police and the Director of Public Prosecutions. The latter’s independence vis-a-vis the Government is regarded by the British as a vital safeguard of their political freedom. Of course, it should not be difficult to “fix” Dr. Chauhan on the basis of various Press reports that have appeared in India. But in legal proceedings, it is the precise word used that matters. One other question remains. Why does London permit Dr Chauhan to travel abroad on a British travel document since his Indian passport has been withdrawn? The British explain: It is the normal practice for the British Home Office to issue a travel document (which for the sport) to any non-British resident in Britain who cannot obtain a passport or travel document from any other source and would otherwise therefore be unable to travel abroad. This practice is operated on a non-discriminatory basis.
But New Delhi is not greatly impressed. It has firmly and clearly told the British Government that it should take a political view of the problem posed by the Sikh extremists, led by Dr Chauhan. It feels irritated by London’s insistence on specific instances and solid evidence before it can take action against the extremists. It appreciates Britain’s refusal to allow Mr Jasbir Singh, a nephew of Bhindranwale, to enter Britain. However, it would have preferred London to send him back to India and not to Kuwait, taking a technical view. It also appreciates London’s refusal to allow a Sikh rally in Hyde Park, supported by the Kashmir Liberation Front and other anti-Indian bodies. But it will go by the overall attitude of the British Government. Some of its actions are found to have provided comfort and encouragement to Dr Chauhan and others. Sikh extremists are allegedly permitted by London to work for Khalistan and create mischief, in sharp contrast to the British Government’s attitude to Iranian and Libyan extremists. Applications by at least 17 Sikh extremists for political asylum have been pending with the British Government for months even after it is known that most of them are involved with the Khalistan movement.
Nevertheless, Britain needs to assure India that it is not dragging its feet over the extremist issue deliberately….But New Delhi is not greatly impressed. It has firmly and clearly told the British Government that it should take a political view of the problem posed by the Sikh extremists, led by Dr Chauhan. It feels irritated by London’s insistence on specific instances and solid evidence before it can take action against the extremists.
Not only that. British citizens of Indian origin, including some advocates, have conveyed to New Delhi their strong disappointment with Whitehall’s attitude. Three specific questions are asked. Why does Scotland Yard provide full-time protection to Dr Chauhan? Why has Dr Chauhan, who has declared himself to be stateless, been issued a travel document, when his activities are gravely undermining Britain’s friendly relations with India? The document, it is asserted, is normally issued by the Home Secretary only to persons of exemplary model of irreproachable behaviour. Why is the British Government not taking action against Dr Chauhan and his extremist co-conspirators under the Public Order Act and the Race Relations Act, ignoring their highly objectionable statements in Gurudwaras inciting racial hatred and provoking public disorder? At least one leading advocate has approached the Attorney General for permission to launch private prosecution against Dr Chauhan and his associates, who are said to have “captured” 50 or more of some 100 Gurudwaras in Britain and are using these to preach hatred against the Hindus and mobilise support for Khalistan.
Mr Rajiv Gandhi is expected to convey to Mrs Thatcher India’s strong feelings in the matter and caution her against sharp popular reaction in case Britain continues to allow Dr Chauhan and others to abuse its hospitality. No one, New Delhi feels, should be permitted to undermine relations with friendly countries. India appreciates the public stand taken by Mrs Thatcher and her Foreign Secretary, Sir Geoffrey Howe, reiterating support for India’s unity and integrity. Sir Robert Wade-Gery, Britain’s High Commissioner in India, told me: “We are certainly anxious to do everything we can to help. We have been keeping very close contact with your Government. Where there is evidence of illegal activities, the authorities will, I am sure, take appropriate action.” Nevertheless, Britain needs to assure India that it is not dragging its feet over the extremist issue deliberately. Mrs Thatcher’s talks with Mr Gandhi will no doubt cover bilateral and global issues, including Pakistan’s determined bid to go nuclear and the Sri Lankan problem, which cries out for a political solution. But for India, Sikh extremist activities in Britain are a source of grave concern. It is now for Mrs Thatcher to allay India’s continuing misgivings — and prove her country’s friendship through effective action. — INFA