Houston: A federal appeals court in San Francisco has ordered immigration officials to release Sikh activist Harpal Singh Cheema, who has been held for six years in jail for aiding and abetting terrorists overseas.

Immigration officials never tried to deport Cheema to India - where, according to court records, he had been "repeatedly arrested and tortured" - but kept him locked up because he helped raise money for Sikh militants.

According to a report published by 'San Francisco Chronicle', the US Court of Appeals in San Francisco ruled that a non-citizen's financial support of foreign terrorists does not automatically make one a danger to US national security.

Since the Government offered no evidence that Cheema was actually dangerous, he must be released from jail, cannot be deported and is eligible for political asylum, the court said.

"It is by no means self-evident that a person engaged in extra-territorial or resistance activities - even militant activities - is necessarily a threat to the security of the United States," wrote Judge John Noonan in the 2-1 ruling.

"One country's terrorist can often be another country's freedom fighter."

The court also barred the deportation of Cheema's wife Rajwinder Kaur, who lives in Fremont with their eight-year-old son, and was accused by US immigration officials of aiding terrorist groups.

She has not been jailed, the couple's attorney, Robert Jobe, said.

Cheema, who applied for asylum when he entered the United States with his wife in 1993, had been held in various federal immigration jails in California since November 1997.

Cheema said his political activities were on behalf of non-violent groups and Human Rights activists, but he admitted putting potential donors in touch with a Sikh militant leader, Daljit Singh Bittu, who was based in Pakistan and wanted by the Indian Government.

He also admitted communicating with the leader of another militant group in 1995 and helping the leader's wife escape India.

A US immigration board said Cheema had aided terrorist activity, and the court accepted that conclusion. Nevertheless, the court said, Cheema is entitled to remain in the United States - since he would face persecution and torture if deported - and cannot be imprisoned unless the Government provides evidence that he threatens national security.

PTI