UK court rejects India’s appeal to extradite Khalistan activist

LONDON: In a huge blow to India’s efforts to extradite curb pro-Khalistan activities in the UK, the High Court (HC) in England has rejected the Indian government’s effort seeking permission to appeal against a magistrates’ court order turning down the extradition on human rights grounds of Kuldeep Singh – most wanted in India as an alleged senior member of the banned Khalistan Zindabad Force (KZF).

Kuldeep Singh, who is also known as Keepa Sidhu, has been charged by the Indian authorities with conspiring with others to allegedly commit terror activities in Punjab in 2015-16. The Indian govt has also charged him for being involved in an alleged plot to assassinate then chief minister and deputy chief minister Parkash Singh Badal and Sukhbir Singh Badal.

The Indian authorities have also charged him for allegedly recruiting Sikh youth in Punjab to the banned “terrorist” KZF organisation by bribing them and arranging meeting of pro-Khalistanis in Gurdwaras.

On Thursday, the UK High Court Justices Nicola Davies and Pushpinder Saini maintained the decision of Westminster Magistrates’ Court and ruled: “The District Judge’s comprehensive and clearly reasoned judgment cannot be faulted.” “There are no grounds upon which it would be appropriate for this court to interfere with the discretion exercised by the District Judge,” they concluded while refusing the Indian govt’s application.

In January this year, District Judge Gareth Branston at Westminster Magistrates’ Court ruled that as the offenses carry maximum sentences and “no possibility of a review of such a life sentence with a view to its commutation, remission, termination or conditional release”, it would go against Article 3 of the European Convention of Human Rights to extradite Kuldeep Singh.

District Judge Branston had written his decision that Kuldeep Singh was not treated badly in India and that there was undisputed evidence of a conspiracy to commit criminal offenses in India but questioned the proportionality of a life term without parole.

The judge noted: “In my judgment, if such a sentence were imposed upon Mr Singh in the context of this case, then such a sentence would plainly be grossly disproportionate to the offending alleged. “Whilst clearly very serious allegations, Mr Singh is alleged to have been involved in the funding and recruitment of terrorist activity.

As is observed, there is no evidence that anyone was actually killed as a result of his alleged activities. He is accused of acts preparatory to terrorist offences.” Besides the human rights issue relating to a life sentence without parole, the court also found that there is “insufficient evidence to make a case requiring an answer by Kuldeep Singh”.

The UK High Court decision is seen as a big blow to the Indian govt’s efforts to not only curb the pro-Khalistan activities in UK but also to criminalise leading Khalistan Referendum figures including Gurpatwant Singh Pannun, the Sikhs For Justice General Counsel, Paramjeet Singh Pamma of UK and Hardeep Singh Nijjar of Canada.

Just a few years ago, the Indian govt got Paramjeet Singh Pamma, Khalistan Referendum Coordinator for UK-EU, arrested in Portugal but failed to secure his extradition to India. Pamma continues to actively work and campaign for the Khalistan Referendum in the UK, EU and elsewhere.

The latest UK High Court ruling is a decisive below for the Indian establishment against pro Khalistan activities in UK because she has failed to convince the UK court to issue extradition of KZF’s alleged member – an organisation which has been designated by UK and EU as a terrorist organisation.

On the other hand, India claims that it will get the Sikhs For Justice (SFJ) - a lawfully registered entity - and its Khalistan Referendum activities banned by the UK, Canada and US. It is understood that the India is trying its best to get the SFJ leaders and activists recognised by the western countries as "terrorists" on account of secessionist activities but non-violent activism such as holding unofficial vote for carving a sovereign country Khalistan out of the India territory is seen as a legitimate political expression.