[Congressional Record (Bound Edition), Volume 146 (2000), Part 1] [Extensions of Remarks] [Pages 1343-1344] [From the U.S. Government Publishing Office, www.gpo.gov]S.S. OSAN, DELHI MASSACRE VICTIM, DENIED JUSTICE BY INDIA ______ HON. EDOLPHUS TOWNS of new york in the house of representatives Wednesday, February 16, 2000 Mr. TOWNS. Mr. Speaker, I rise today with yet another example of how India violates the basic human rights of its minorities and ignores the rule of law. Sukhbir Singh Osan is a journalist in Punjab. He has exposed many scandals and acts of tyranny on the part of the Indian government and the government of Punjab. His family suffered losses in the 1984 massacre in Delhi, which were organized by government-inspired mobs while the Sikh police were locked in their barracks and the state-run TV and radio called for more Sikh blood. He has now filed suit for his rights as a 1984 riot victim. Sukhbir Singh Osan earned an LL.B. degree from Punjab University seven years ago but it is being withheld from him because he has exposed corruption and brutality. For his aggressive reporting, the Indian government has damaged his career in an arbitrary and vindictive manner. Mr. Osan's situation proves that in ``democratic'' India the law is subservient to the wishes of those in power. The people in power routinely violate the law for their own benefit. How can a country be a democracy when the government routinely subverts the rule of law? [[Page 1344]] It is clear from the treatment of Mr. Osan and from so many other incidents involving the abuse of Sikhs, Christians, Muslims, and other minorities that the only way these minorities will secure their freedom to live in peace, dignity, and security is by achieving their freedom from India. In this light, it is appropriate for the United States to take action to protect the rights of the minority peoples of the subcontinent. If India cannot observe the rule of law even for a victim of the 1984 Delhi massacres, then why should it receive any aid from the American taxpayers? We should stop that aid, subject India to the sanctions that their terrorist rule deserves, and throw the full weight of the U.S. Congress behind a free and fair, internationally-supervised plebiscite to decide the question of independence for Khalistan, Kashmir, Nagaland, and the other nations of South Asia. Until these things are done, there will continue to be others mistreated like Sukhbir Singh Osan, and worse. America is the beacon of freedom. How can we accept this? Mr. Speaker, I submit the Burning Punjab article on Mr. Osan's plight into the Record for the information of my colleagues. [From the Burning Punjab News] Riots Ruined Family, Judiciary His Life Chandigarh--Sukhbir Singh Osan in a Civil Writ petition No. 14940 of 1999 filed in the Punjab & Haryana High Court has pleaded that--``he became a `November 84 riot victim' neither by his own act nor by birth since he was just 14 years old when riots took place. He further pleaded that the failure of the executive and the law & order situation and also the failure of various provisions incorporated in the Indian Constitution, after the assassination of the then Indian Premier Indira Gandhi was the reason which placed him under the category of `Sikh Migrant Family & Riot affected person''. The petition has been fixed for hearing on November 15, 1999 before the Chief Justice Arun B. Saharia and Mr. Justice Swatantar Kumar. Osan has demanded `justice' in this petition. ``Punishing those who were responsible for riots in November, 1984 and to grant certain concessions to the victims of these riots are two different things?'', Sukhbir Singh Osan has questioned the division bench of the High Court. The petition elaborates, how a riot victim in Sukhbir Singh Osan was harassed, his career was ruined in an arbitrary and vindictive manner and that too right under the nose of judiciary shows that justice in India is not a virtue which transcends all barriers. It also proves that law never bends before justice on the land of Sri Guru Nanak Dev, Sri Guru Teg Bahadar and Sri Guru Gobind Singh. Why Sukhbir Singh Osan's result/degree of LL.B. course is being withheld by the Panjab University for the past about seven years is a apathetic story because he in the capacity of a journalist tried to expose corruption, high-handedness and other irregularities at different levels in the University affairs through his dispatches in a leading daily during 1991. Narrating chronology of his `ordeal' Sukhbir Singh Osan in a writ petition filed by him ``in-person'' in the Punjab and Haryana High Court has said that in August, 1990 he was granted admission in LL.B. course under the Riot affected (November, 1984) category in the Department of Laws, Panjab University, Chandigarh. Being a journalist he in good faith published certain news items pertaining to nefarious activities including corruption, high-handedness, moral turpitude and other irregularities at different levels in the university affairs. Smitten by a news-item, Sukhbir Singh was asked by Dr. R.K. Bangia, Prof. & Chairman, Department of Laws in a written communication on May 29, 1991 ``to furnish some authentic proof as evidence of the facts as stated by you'' in the news-item ``Teen Hazaar Mein Uttirne Karva Date Hain Kanoon Ki Pariksha'' otherwise strict action would be taken against him. On September 30, 1991 in an arbitrary and illegal manner his admission was cancelled when he was studying in the 3rd semester of the LL.B. course, since Dr. J.M. Jairath, Dr. R.K. Bangia and Dr. R.S. Grewal were got annoyed due to news reports filed by S.S. Osan. Sukhbir Singh Osan approached the Punjah & Haryana High Court against the Panjab University, but the High Court relegate him for his remedy to Civil Court. The Civil Court of Chandigarh after four years of hectic activities of examining evidence and witnesses termed the admission of Sukhbir Singh Osan as genuine and according to law. The judge in his 27 page order also declared Sukhbir Singh Osan as `November 84 riot victim'. It was perhaps the first ever case in the history of India and Indian judiciary, that a riot victim was asked to prove that he is a `November 1984 Riot affected person' and Sukhbir Singh Osan has proved the same in the civil court. Here it is pertinent to mention that Sukhbir Singh Osan along with his family migrated from Madhya Pradesh to Punjab in the year 1985 after November 1984 anti-Sikh riot which broke through out India after the assassination of the then Indian premier Indira Gandhi. Such was the agony of Sukhbir Singh Osan that he has to recall all those days, which his family has suffered during 1984. The miserable plight of Sukhbir Singh Osan proves that in India law and judiciary are not meant for those who obey them but are subservient to those who outrage the modesty of the very concept of law & justice and that too, in connivance of those who are considered to be the custodian of law & justice. Will the law of India be able to punish those who have ruined the life of Sukhbir Singh Osan? Whither Indian Judiciary? ____________________