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Harpal Singh Legal
Victory
In a major step forward for justice and an exhibition of
Sikh legal expertise, the 9th Circuit of Appeals, a court
only one step below the United States Supreme Court, ordered
the release of Harpal Singh. The Sikh Coalition had filed
a brief as amicus curiae, a “friend of the court”
brief, in support of Harpal Singh, who had been in INS custody
since 1997, in September 2002. The Coalition intervened
on Harpal Singh’s behalf in order to defend the reputation
of the Sikh American community and to ensure that Harpal
Singh would not be deported to India where, as the court
agreed, he would face certain torture.
In writing its opinion, the court focused exclusively on
the issue briefed by the Sikh Coalition: whether Sikhs accused
of unlawful acts in India constitute a threat to the security
of the United States. In issuing its opinion the court agreed
with the Coalition’s position; Harpal Singh and Sikhs
in general bear no animus towards the United States and
that there was no reason to believe that Harpal Singh would
threaten America’s national security.
| “The decision marked the
first time that a Sikh civil rights organization, appearing
as an amicus curiae (friend of the court), was successful
in persuading a federal appeals court of its position.” |
The decision marked the first time that a Sikh civil
rights organization, appearing as an amicus curie, was
successful in persuading a federal appeals court of
its position. Beyond being of concern to the Sikh community,
the case sets an important precedent on the scope of
permissible political organization and the rights of
political dissidents in the United States. |
| The victory clearly indicates that Sikhs
are able to represent their legal interests at the highest
levels of the United States judicial system. |
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