Air India Flight 112
Encyclopedia
In May 1986, five Canadian Sikh
s were charged with plotting to blow up Air India
Flight 112 in New York City
. Ostensibly members of Babbar Khalsa
, two were convicted and given life sentences, while three others were released. However, years later, the courts overturned the sentences and freed the remaining two men noting that the government had failed to disclose "crucial evidence" about the alleged plot, and defence lawyers argued that the men had been entrapped
by police agents who invited them to a meeting, then suggested the crime, and arrested them for showing signs of agreement.
With the arrests coming shortly after the Air India bombing that killed more than 300 Canadians, the Solicitor General
Perrin Beatty
urged Canadians not to spread fear of terrorism.
The government claimed that the idea for the alleged plot was hatched on April 4, and was targeting an Air India jet leaving Kennedy Airport on May 30 in New York. Each of the five men were from Montreal, Quebec, and it was later revealed that Khelsa had been under surveillance by Canadian Security Intelligence Service
since at least May 1985, when they recorded a phone call he made to Tarwinder Singh Parmar.
A petty criminal codenamed "Billy Joe", with a record for drug trafficking, use of a firearm, kidnapping and assault, approached the Sûreté du Québec
and told them that he'd gotten Maninder Anand to agree to buy a stolen Cadillac, and claimed that he'd heard colleagues talk about blowing up an Air India flight. With a long record of informing on his colleagues for the past 12 years, "Billy Joe" offered to get evidence against these Sikhs in exchange for the police dropping charges against one of his friends who was facing life imprisonment.
The case was largely built around an FBI mole, Frank Miele, who spoke to Khela and Dhillon in a bugged Montreal hotel room on May 19 and May 22, offering his services to them under the name of "George" at the urging of "Billy Joe", who had told them he was a member of the Mafia
.
Dhillon was worried because Khela had given the American $6,500 for an ostensibly stolen Cadillac
, and agreed to attend the meeting to try to make sure that his friend either had his money returned or got legitimate ownership papers on the car. Dhillon later recalled that the American began talking about "crazy things, like bombing an airplane, bombing embassies and buying arms", and that at their only other meeting three days later, he wrote a note insisting that Miele, who was now claiming to be an explosives expert as well as a car thief, not refer to any criminal activities, instead using code words to discuss his ideas, since he was suspicious this was a police sting operation
. Miele later claimed that the men had indicated they were willing to pay 20 kilograms of heroin in exchange for him downing a plane.
On May 28, a week after meeting with Miele, Dhillon was recorded phoning Khelsa to express relief that the stranger seemed to be leaving them alone now, saying "we have nothing to do with him, we don't damn well know him". On the same day, the Royal Canadian Mounted Police
and FBI claimed to have received a "tip" about a possible bombing plot by Montreal Sikhs, and the suspects were all arrested by the RCMP. However, although they were charged with possession of explosives, no sign of any explosives was found.
in the Court of Quebec
at which they were represented by Robert Beaudet. Although the Sikh community rallied to present $2 million in bail for the arrested men, the request was denied at the urging of prosecutor Pierre Garon.
A month into the proceedings, three of the men were released, partially after it was revealed that several of the recorded conversations had been mistranslated by officials; when Saini telephoned Anand asking to purchase a 12-volt battery to build a light, the RCMP translators suggested he had asked for 12 pounds of explosives to build a bomb. Charges were simultaneously upgraded against Khela and Dhillon. The defence complained that "Billy Joe" was never called to testify, or be cross-examined
, noting that he had started the entire process in motion. The RCMP claimed that he had disappeared, but that his alleged contact with them was simply to be taken for granted.
At trial, where they were represented by Michael Code, Khela was confronted with a recorded conversation he'd had with Miele, in which he was asked "...you want a 747?" and replied "yeah". He told the court that he was confused by the question and believed Miele was referring to a type of truck, and that his curt reply reflected the fact he did not understand much of what was going on since he spoke comparatively little English, and Miele was shouting "all the time". Dhillon later explained that Miele looked like a "pretty dangerous type of guy", and both men maintained that they understood the meeting was to discuss brokering a deal for stolen vehicles from the United States.
Dhillon was likewise confronted with a paper he had written entitled "Objects of the Sikh Youth of North America" which described his belief that all Sikhs should be trained in martial arts
per the group's illustrious history.
In December, prosecutor Claude Parent was criticised for a "racist" question in which he demanded to know whether Khela "takes orders from his God". On December 12, the pair were both found guilty of conspiracy to commit mass murder, and shortly thereafter justice Claire Barrette-Joncas sentenced them to life imprisonment.
On March 6, 1992 their convictions were overturned by the appeals court; the government chose to appeal the overturn, and a new trial was ordered in November 1995. Ten months later, the charges were stayed by the Quebec Superior Court
when it was revealed the government had failed to disclose crucial materials.
As of 2002, Khelsa claims he is still harassed by CSIS, that the Canadian spy agency disrupted his business and pushed him to give them inside information on Babbar Khalsa's activities in Canada.
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
s were charged with plotting to blow up Air India
Air India
Air India is the flag carrier airline of India. It is part of the government of India owned Air India Limited . The airline operates a fleet of Airbus and Boeing aircraft serving Asia, Australia, Europe and North America. Its corporate office is located at the Air India Building at Nariman...
Flight 112 in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. Ostensibly members of Babbar Khalsa
Babbar Khalsa
Babbar Khalsa , also known as Babbar Khalsa International , is a Sikh armed organisation based in India. Many consider the Babbar Khalsa a Resistance movement, and it played a prominent role in the Punjab insurgency. Babbar Khalsa International was created in 1978, after a number of Sikhs were...
, two were convicted and given life sentences, while three others were released. However, years later, the courts overturned the sentences and freed the remaining two men noting that the government had failed to disclose "crucial evidence" about the alleged plot, and defence lawyers argued that the men had been entrapped
Entrapment
In criminal law, entrapment is conduct by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit. In many jurisdictions, entrapment is a possible defense against criminal liability...
by police agents who invited them to a meeting, then suggested the crime, and arrested them for showing signs of agreement.
With the arrests coming shortly after the Air India bombing that killed more than 300 Canadians, the Solicitor General
Solicitor General of Canada
The Solicitor General of Canada was a position in the Canadian ministry from 1892 to 2005. The position was based on the Solicitor General in the British system and was originally designated as an officer to assist the Minister of Justice...
Perrin Beatty
Perrin Beatty
Henry Perrin Beatty, PC is a corporate executive and former Canadian politician.Perrin Beatty first won election to the Canadian House of Commons as a Progressive Conservative at the age of 22 in the 1972 election....
urged Canadians not to spread fear of terrorism.
Arrests
| Served six years in prison |
| Singh Santokh Khela, 24 |
| Kashmir Singh Dhillon, 41 |
| Released |
| Moninder Singh Anand, 21 |
| Gurcharan Singh Banwait, 38 |
| Chattar Singh Saini, 43 |
The government claimed that the idea for the alleged plot was hatched on April 4, and was targeting an Air India jet leaving Kennedy Airport on May 30 in New York. Each of the five men were from Montreal, Quebec, and it was later revealed that Khelsa had been under surveillance by Canadian Security Intelligence Service
Canadian Security Intelligence Service
The Canadian Security Intelligence Service is Canada's national intelligence service. It is responsible for collecting, analyzing, reporting and disseminating intelligence on threats to Canada's national security, and conducting operations, covert and overt, within Canada and abroad.Its...
since at least May 1985, when they recorded a phone call he made to Tarwinder Singh Parmar.
A petty criminal codenamed "Billy Joe", with a record for drug trafficking, use of a firearm, kidnapping and assault, approached the Sûreté du Québec
Sûreté du Québec
Sûreté du Québec or SQ is the provincial police force for the Canadian province of Québec...
and told them that he'd gotten Maninder Anand to agree to buy a stolen Cadillac, and claimed that he'd heard colleagues talk about blowing up an Air India flight. With a long record of informing on his colleagues for the past 12 years, "Billy Joe" offered to get evidence against these Sikhs in exchange for the police dropping charges against one of his friends who was facing life imprisonment.
The case was largely built around an FBI mole, Frank Miele, who spoke to Khela and Dhillon in a bugged Montreal hotel room on May 19 and May 22, offering his services to them under the name of "George" at the urging of "Billy Joe", who had told them he was a member of the Mafia
Mafia
The Mafia is a criminal syndicate that emerged in the mid-nineteenth century in Sicily, Italy. It is a loose association of criminal groups that share a common organizational structure and code of conduct, and whose common enterprise is protection racketeering...
.
Dhillon was worried because Khela had given the American $6,500 for an ostensibly stolen Cadillac
Cadillac
Cadillac is an American luxury vehicle marque owned by General Motors . Cadillac vehicles are sold in over 50 countries and territories, but mostly in North America. Cadillac is currently the second oldest American automobile manufacturer behind fellow GM marque Buick and is among the oldest...
, and agreed to attend the meeting to try to make sure that his friend either had his money returned or got legitimate ownership papers on the car. Dhillon later recalled that the American began talking about "crazy things, like bombing an airplane, bombing embassies and buying arms", and that at their only other meeting three days later, he wrote a note insisting that Miele, who was now claiming to be an explosives expert as well as a car thief, not refer to any criminal activities, instead using code words to discuss his ideas, since he was suspicious this was a police sting operation
Sting operation
In law enforcement, a sting operation is a deceptive operation designed to catch a person committing a crime. A typical sting will have a law-enforcement officer or cooperative member of the public play a role as criminal partner or potential victim and go along with a suspect's actions to gather...
. Miele later claimed that the men had indicated they were willing to pay 20 kilograms of heroin in exchange for him downing a plane.
On May 28, a week after meeting with Miele, Dhillon was recorded phoning Khelsa to express relief that the stranger seemed to be leaving them alone now, saying "we have nothing to do with him, we don't damn well know him". On the same day, the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
and FBI claimed to have received a "tip" about a possible bombing plot by Montreal Sikhs, and the suspects were all arrested by the RCMP. However, although they were charged with possession of explosives, no sign of any explosives was found.
Trial
All five were held in the Parthenais Detention Centre, and entered no plea before judge Jean Pierre Bonin at their preliminary hearingPreliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
in the Court of Quebec
Court of Quebec
The Court of Quebec is the Provincial Court of the Canadian province of Quebec.The Court is divided into the following areas; The Civil Division, The Criminal and Penal Division, and The Youth Division. The Chief Judge of the Court of Quebec is Guy Gagnon....
at which they were represented by Robert Beaudet. Although the Sikh community rallied to present $2 million in bail for the arrested men, the request was denied at the urging of prosecutor Pierre Garon.
A month into the proceedings, three of the men were released, partially after it was revealed that several of the recorded conversations had been mistranslated by officials; when Saini telephoned Anand asking to purchase a 12-volt battery to build a light, the RCMP translators suggested he had asked for 12 pounds of explosives to build a bomb. Charges were simultaneously upgraded against Khela and Dhillon. The defence complained that "Billy Joe" was never called to testify, or be cross-examined
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
, noting that he had started the entire process in motion. The RCMP claimed that he had disappeared, but that his alleged contact with them was simply to be taken for granted.
At trial, where they were represented by Michael Code, Khela was confronted with a recorded conversation he'd had with Miele, in which he was asked "...you want a 747?" and replied "yeah". He told the court that he was confused by the question and believed Miele was referring to a type of truck, and that his curt reply reflected the fact he did not understand much of what was going on since he spoke comparatively little English, and Miele was shouting "all the time". Dhillon later explained that Miele looked like a "pretty dangerous type of guy", and both men maintained that they understood the meeting was to discuss brokering a deal for stolen vehicles from the United States.
Dhillon was likewise confronted with a paper he had written entitled "Objects of the Sikh Youth of North America" which described his belief that all Sikhs should be trained in martial arts
Martial arts
Martial arts are extensive systems of codified practices and traditions of combat, practiced for a variety of reasons, including self-defense, competition, physical health and fitness, as well as mental and spiritual development....
per the group's illustrious history.
In December, prosecutor Claude Parent was criticised for a "racist" question in which he demanded to know whether Khela "takes orders from his God". On December 12, the pair were both found guilty of conspiracy to commit mass murder, and shortly thereafter justice Claire Barrette-Joncas sentenced them to life imprisonment.
On March 6, 1992 their convictions were overturned by the appeals court; the government chose to appeal the overturn, and a new trial was ordered in November 1995. Ten months later, the charges were stayed by the Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...
when it was revealed the government had failed to disclose crucial materials.
As of 2002, Khelsa claims he is still harassed by CSIS, that the Canadian spy agency disrupted his business and pushed him to give them inside information on Babbar Khalsa's activities in Canada.