Bill Graveland, THE CANADIAN PRESS

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CALGARY - A man who was questioned by RCMP in the murder of a British Columbia newspaper publisher a decade ago will remain in custody as he awaits deportation back to India.

Manjit Singh Rattu has been sitting in the Calgary Remand Centre since May 20.

A deportation order for Rattu was issued in May 2000. Since then, he was convicted of fraud in Delta, B.C., and faced other fraud charges.

He was also questioned and then cleared in the murder of Tara Singh Hayer, the founder of the Indo-Canadian Times.

Hayer, an outspoken member of the Sikh community, had agreed to be a witness in the Air India bombing trial. He was shot to death on Nov. 18, 1998.

"Since the sole question I have to decide is whether Mr. Rattu would be likely to appear for his removal to India if he is released, based on his repeated statements of an unwillingness to be returned to India and his refusal to co-operate with the Minister's efforts to obtain a travel document, there is only one conclusion that can be reached," immigration adjudicator Leanne King wrote.

"I find that Mr. Rattu would not voluntarily report for removal to India, and I am ordering his continued detention on that ground."

Rattu is refusing to sign travel documents the Indian government requires for his transport back to that country because his passport has been revoked.

His lawyer, Rekesh Dewett has argued his client would be in danger if sent back now.

"In a Third World country, if you don't have status, they can do anything. They can put him in a central jail where he's not locatable," Dewett said at a hearing last week.

"If they want to produce him, they can produce him, if they want to eliminate him, it's very easy to do that."

Without Rattu's signature he basically remains a man without a country.

The Canada Border Services Agency is trying to expedite his departure and has asked the High Commission of India in Ottawa to get Rattu travel documents without his consent.

Another hearing is scheduled next month.