Sikh Human Rights Abuses

INTRODUCTION OF LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

The Lawyers For Human Rights International, a registered non-governmental human rights organisation was formed in 1987 by few human rights lawyers to promote and protect the human rights of the citizens. Provision of free legal aid to the poor and indigent persons, strive to eradicate human rights abuses, filing of Public Interest Litigation on various human rights issues and undertaking projects for creating awareness about human rights among general public, are among the many aims and objects of the organisation. The founder members of the body, Mr. Amar Singh Chahal, Mr. Balwant Singh Dhillon, Mr. Navkiran Singh, Mr. Brijinder Singh Sodhi, Mr. Arunjeev Singh Walia, Mr. Tejinder Singh Sudan, earned a reputation with their dedicated and sincere efforts. At present the organisation is having more than a hundred members and also have district units at eight district headquarters of Punjab and Chandigarh with more than a dozen members in each district unit.

The organisation is fighting cases of human rights violations, including custodial violence by the state agencies, domestic violence, sexual abuses against women, prisoners rights in the Supreme Court, Punjab & Haryana High Court, National Human Rights Commission, Punjab State Human Rights Commission and also in Subordinate Courts. To eradicate the evil of torture from every Police Station in Punjab and Chandigarh, and to fight State repression, its members have succeeded in bringing to book down many senior police officials who were guilty of committing excesses. In this ongoing struggle, they suffered colossal loss with six of its member lawyers, namely Ranbir Singh Mansahia, Jagwinder Singh alias Happy, Sukhwinder Singh Bhatti, Kulwant Singh, Satnam Singh Jammu and a battery of human rights activists including Jaswant Singh Khalra, Dharamvir Singh, lost their lives at the hands of Punjab police.

The organisation today feels proud in celebrating its fifteenth foundation day. This historic event is coincidental with the release ceremony of its latest publication, "Genesis of State Terrorism in Punjab" The organisation had earlier published a book titled "WAILS OF INJUSTICE" discussing the dubious role of Central Bureau of Investigation and the indifferent attitude of the courts in dealing with cases of human rights violations in Punjab. It released another report of compilation of Custodial deaths in Punjab during 1997-2001. The latest publication, "Genesis of State Terrorism in Punjab" is in your hands.

Activities of Lawyers For Human Rights International during 2000-2001

1. Conducted an investigation into the custodial death of Dr.Amanjeet of Chandigarh on 8th August,2000 by a team of LHRI comprising Arunjeev Singh Walia, Tejinder Singh Sudan, Manpreet Singh Chahal, Ravinder Singh, Yogesh Vinayak, P.K.S.Gill and released to the press on 18th August, 2000. Result: A Constable booked for murder and a PIL on behalf of the father of the victim filed in High Court. Notice of Motion issued.

2. Organised a Candle light procession on 10th December, 2000 in Plaza, Sector 17,Chandigarh, on the eve of World Human Rights Day. Distributed pamphlets containing human rights message.

3. Attended a World Conference on human rights held from 26th December, 2000 to 1st January, 2001 in Panchgani (Maharashtra). Organised a Session on State Repression on Punjab.

4. Conducted an investigation into the killing of Avtar Singh, son of Amrik Singh of Ludhiana on 7th January, 2001 by Inspector Gurmeet Singh "Pinky" by a team of LHRI comprising Arunjeev Singh Walia, Ravinder Singh, Yogesh Vinayak, Mohinder Kumar. Result: Inspector Pinky alongwith seven other accused arrested and still in judicial custody. Trial under murder charge in progress in Ludhiana.

5. Conducted an investigation into the custodial death of Jaspal Singh, son of Gurmukh Singh in Morinda Police Station on 7th February, 2001 by a team of LHRI comprising Arunjeev Singh Walia, Kulbir Singh Bains, Arvind Sandhu, P.K.S.Gill, Tejinder Singh Sudan, Ravinder Singh, Anil Kaushik,Bhupinder Singh, O.P.Dabla and others . Result: SHO Tarlochan Singh suspended and arrested alongwith three other accused. Murder charge framed against the accused. A PIL filed in the High Court on behalf of the mother of the victim also got notice of motion issued.

6. Conducted investigation into the suicide of Neha a college girl of Nabha, District Patiala who committed suicide out of humiliation suffered by her at the hands of Punjab police.

COMPILATION OF INVESTIGATION REPORTS CONDUCTED BY LAWYERS FOR HUMAN RIGHTS INTERNATIONAL INTO CASES OF HUMAN RIGHTS VIOLATIONS

REPORT-I

PRELIMINARY INVESTIGATION REP0RT INTO CUSTODIAL DEATH OF AMANJEET BY CHANDIGARH POLICE

CHANDIGARH
19TH AUGUST, 2000

The image of Chandigarh Police again came under cloud, when almost all the local newspapers of 12th August, 2000 reported about the custodial death of a young RMP doctor Amanjeet in Chandigarh on the night intervening 10-11th August, 2000. A team of Chandigarh District Unit of the Lawyers For Human Rights International comprising of Tejinder Singh Sudan,Manpreet Singh Chahal, Preet Kanwal Singh Gill, Hridaypal Singh, Ravinder Jolly, Yogesh Vinayak and Arunjeev Singh Walia held detailed investigation on 13th August,2000, into the circumstances under which the victim died in Police Custody. The investigation continued till 18th August,2000. During the investigation, the team talked to the wife of the deceased, her parents and neighbours of Amanjeet (deceased), residents of Village Badala, Teh. Kharar, Distt. Ropar (where the victim was running a Clinic), Incharge Police Post Sector 24, Sub-Inspector Ved Parkash, Police Station Sector 39,Chandigarh,Dr.Tirath Goyal, head of panel of doctors who conducted autopsy on the deceased, besides connecting the medical evidence and circumstances of the case.

Particulars of the victim:

The victim, Amanjeet was a 29 years old RMP doctor with B.E.M.S. and B.A.M.S. degrees. He was running a small clinic in Village Badala, Teh. Kharar, Distt. Ropar. He was a Christian and cleanshaven man. A teetotaler, soft spoken and a man with sober qualities, he is survived by his 7 months pregnant wife Varsha, who is a staff nurse in Govt. Medical College and Hospital,Sec.32,Chandigarh and his parents who live at Batala, Distt. Gurdaspur(Punjab).

Witnesses examined by the team :-

1.Varsha,widow of deceased
2.Mulla Singh, father of deceased
3.Ashok Kumar, immediate neighbour of deceased
4.Kusum, wife of Ashok Kumar, neighbour
5.Karnail Singh, Panch, Village Badala, Teh. Kharar, Distt. Ropar.
and about twenty other witnesses.

Facts:

Amanjeet, son of Mulla Singh was married to Varsha, a staff nurse in Govt. Hospital, Sec.32, Chandigarh, some two and half years ago and had purchased a small house in Chandigarh in the end of April, 2000 and were leading a happy life in Chandigarh. His father is a retired govt. servant and lives at Batala, Punjab. Amanjeet, a B.A.M.S. doctor, was running a Clinic in a remote village in Distt. Ropar since January, 2000. He used to go to his clinic on his grey colored scooter no.PB-18-C-1734 at about 9 a.m. and return at about 5-6.P.M. According to the neighbours and the family members, he was a teetotaler person with no bad habits. His father and mother had came to see his pregnant wife from Batala on 30th July,2000.His mother was with him on 10th August. His father had gone to Batala to collect his pension and as per the programme reached Chandigarh on 10th August,2000.

On the ill-fated day of 10th August, 2000 the victim Amanjeet as usual went to his clinic at about 8.30-8.45 a.m. on his scooter, but never returned back home. On 11th August,2000 at about 4.A.M.a phone call came to his immediate neighbour, Ashok Kumar, from someone who informed them that their neighbour Amanjeet has met with an accident and is lying in a serious condition in General Hospital, Sector 16,Chandigarh and that his parents should reach General Hospital. As the father of the victim was attending the phone call, two policemen (One Sub-Inspector and the other, Constable) in uniform came to their house from P.S. Sector 39,Chandigarh and asked them to accompany them to General Hospital, Sec. 16, Chandigarh. However, the father, wife Varsha and immediate neighbour Ashok Kumar went of their own in the car to the hospital at about 4.25 A.M. On reaching the hospital, the name of the victim was not found entered in the register of patients and on locating the whereabouts of the victim, the trio met one policeman. He took them to Inspector Dhanraj Sharma, S.H.O. of P.S.Sector 39,Chandigarh who was standing with Sub-Inspector Neeraj Sarna of P.P.Sector 24,Chandigarh and few other policemen in plainclothes. On being asked about the welfare of Amanjeet, Neeraj Sarna asked Ashok Kumar and Varsha to wait and took Mulla Singh inside the hospital mortuary. After five minutes, Mulla Singh came back in a fit of shock with heavy heart and declared that "our Aman has gone." On listening this, Varsha who was in acute labor pain fell unconscious and she was put in the car. In the meantime, all the efforts of father Mulla Singh and neighbour Ashok Kumar to know as to how and when the victim Amanjeet died, failed as the policemen remained tight lipped. On their persistent queries, Inspector Dhanraj Sharma told Mulla Singh that Amanjeet was arrested for making nuisance under the influence of liquor in Sector 39/40,Chandigarh and booked under Section 34/5/61 of Police Act, and when he was being taken back in the truck from hospital after a medical examination, he had a scuffle with the policemen and in an attempt to jump from the moving truck fell down on the road dividing Sector 23/24 and consequently, he received head injuries which caused his death. On being taken back to the General Hospital, Sector 16,Chandigarh he was declared "brought dead"." The further queries from the police by the father of victim and Ashok Kumar failed to get satisfactory reply. After getting the identification memo signed from Mulla Singh, father of the deceased,S.D.M.(South) Gayenendra Bharti,IAS, came to do the inquest report. The Post mortem was delayed by more than 12 hours on 11th August,2000 and it was only after a board of doctors of General Hospital, Sector 16, Chandigarh comprising Dr.Tirath Goyal, Dr.K.S.Rana, Dr.Sonia, was constituted at about 5.30 P.M. that the Post mortem was done which gave the cause of death as head injury in the back of skull which could have proved fatal. Apart from this, it noted few injuries on the body which could be of some beating. Interestingly, the Postmortem includes the particulars of an earlier medical examination of the deceased carried by the emergency medical officer at about 12 a.m. on 11.8.2000(which is not ordinarily mentioned in the Postmortem report). It says that the deceased was not under the influence of liquor, but smells of alcohol. At about 5.30 P.M. the S.D.M. who was conducting the inquest proceedings called Inspector Dhanraj Sharma,from General Hospital, Sec.16,to some place and the Inspector went away at about 5.40 P.M. The dead body of the deceased without the clothes, was handed over to his father at about 7 P.M. on 11.8.2000 and was taken to Batala the same night and cremated there on 12.8.2000.

Relatives View:

The father and in-laws of the deceased as his wife were of firm belief that Amanjeet was killed in Police Custody. They strongly refuted the Police version that he was arrested while making nuisance, under the influence of liquor. According to them, the deceased had never consumed liquor, nor was in the company of any bad persons. He was never seen raising voice at anybody. His sister-in-law told that he was very sensitive person. He always used to come back directly to his house in the evening after attending to his clinic in Village Badala. Mulla Singh, father of the deceased questioned that if the deceased was arrested while making Public nuisance, where were the members of the general public with whom he was quarrelling ? He also expressed his doubts about the whereabouts of the scooter and his helmet which the deceased was driving when he had gone to his clinic in the morning of the ill-fated day. Inquiries from the residents in Village Badala, where he was running the Clinic, confirmed that he was a very nice fellow and never consumed liquor nor created any nuisance. The landlord of the shop where the victim was running his clinic said that although his immediate neighbour in the shop named Dhindsa alongwith few other mischevious persons used to consume liquor and play cards daily in their shop, Amanjeet always kept himself busy with books. The villagers also refuted the story that he was totally out of senses on the ill-fated day due to overtaking of alcohol. Mulla Singh, father of the deceased, also said that when the deceased had gone in the morning from his house, he was quite well and was wearing one gold chain, one watch and one silver ring on his right hand, but when he was shown the dead body for the first time in the mortuary, these things were missing from his person. On being asked about these things from the Police, he was told that the gold chain and Rs.900 cash were recovered from his possession is in the Police Custody. He also told that heavy police force was present in the General Hospital, Sec.16,Chandigarh when he reached there. Secondly, the Police has not been able to explain as to why it had not informed the relatives of the deceased on phone at the time of his arrest when the telephone number of his immediate neighbour was available with the deceased and that telephone call was made only at about 4.15 a.m. the next day after the deceased was dead.

POLICE VERSION;-

As per the version of S.I.Ved Parkash in P.S. Sector 39,Chandigarh, a Police Control Room Gypsy brought Amanjeet to the Police Station at about 6.15. P.M. and an F.I.R. No.57 dated 10.8.2000 under Sections 34/5/61 of Police Act was registered against the victim at about 6.25 P.M. on the complaint of HC Balbir Singh of PCR. At that time, he was out of his senses and there was great dust on his face and clothes, as if he had been lying on the loose earth. His search was made in the presence of HC Balbir Singh and a gold chain and Rs.900/- in cash were recovered from his person which were deposited with the Police. Thereafter he was made to sit in the Police Station till 10.45 P.M. when he was allegedly taken to General Hospital, Sector 16,Chandigarh for medical examination in TATA 407 No.CH-01-G-9789(Mini-truck)which was covered from top and had many handles to take support. There were allegedly two Police personnel with him, one Constable Naresh Kumar and another driver, Constable Charanjit Singh. After getting him medically examined, when he was being brought back to the Police Station, he had a scuffle with Constable Naresh Kumar and in an attempt to escape, jumped from the moving vehicle on the road dividing Sector 23/24, Chandigarh and suffered head injury. He was taken back to General Hospital,Sector 16,Chandigarh where he was declared brought dead. Constable Naresh Kumar also received minor injuries on his knees and arms in the scuffle and his uniform was also torn. As per the statement of Mr.Neeraj Sarna, Incharge P.P. Sector 24,Chandigarh, his Station received wireless message from the Police Post, General Hospital, Sector 16,Chandigarh that a person has been brought dead in the hospital who allegedly jumped from the moving Police vehicle on the road dividing Sector 23/24,Chandigarh and that they should come to General Hospital. In the meantime, the TATA 407 which was involved in the incident also came to the P.P.Sector 24,Chandigarh and informed about the incident. Neeraj Sarna, immediately went to General Hospital, Sector 16,Chandigarh and remained there till 11.8.2000 when the parents of the deceased were informed. Thereafter an F.I.R. No. 221, dated 11.8.2000, under Sections 224,332,353,309 IPC was registered against the deceased in P.S. Sector 11,Chandigarh. According to him, the deceased was allegedly under the influence of liquor and had misbehaved with two women on the road dividing Sector 39/40,Chandigarh under the influence of liquor and he was taken to P.S.Sec.39,Chandigarh. He said that DSP (South) B.D.Bector is conducting a departmental inquiry and he has recorded the statements of those two women who became complainants in the F.I.R. No.57 dated 10.8.2000. But the Police officials in P.S. Sector 39,Chandigarh denied this statement.

POLICE ACTION;-

Taking a serious view of the Custodial death, the Inspector General of Police,U.T. B.S.Bassi, immediately suspended two Sub-Inspectors and One Constable and sent the S.H.O. of the Police Station, Sector 39,Chandigarh to Police Lines, for allegedly acting with negligence in the case. Two cases have been registered against the deceased by the Police. First one was allegedly registered on the Complaint of HC Balbir Singh of PCR at 6.25 P.M. on 10.8.2000 under Sections 34/5/61 of Police Act(for creating nuisance in Public Place under the influence of liquor) and another was registered at Police Station, Sector 11,Chandigarh on 11.8.2000 under Sections 224,332,353,309 IPC after the deceased had died. No case of negligence or any other offence has been registered against the Police in the present case.

FINDINGS:-

After examining atleast twenty witnesses and collecting all the necessary information from different sources, the team is of the firm belief that Amanjeet had undoubtedly died in Police Custody and that the Police version of accidental death and scuffle while under the influence of liquor is nothing but a figment of imagination and in order to save their skin and make the concocted story look like factual, they built their own castle in the air with the help of fabricated evidence and tutored witnesses. Even obtaining false medical certificate cannot be ruled out. The detailed findings of the team are as follows:-

1. The deceased had gone to his clinic on 10.8.2000 at about 8.45 a.m. and had attended the clinic till evening, but exact time could not be ascertained. He was a very nice person and had never taken liquor in public or private. On 10.8.2000 also, he had not consumed liquor and certainly something untoward happened in his clinic on 19.8.2000,because his scooter was recovered from inside his locked clinic along with his helmet. Strangely, the immediate neighbour of the deceased's shop, namely Dhindsa, who was quite friendly with the deceased is an Ex- Policeman of Chandigarh Police and was lastly posted in Police Station, Sec.39,Chandigarh and his connection in the unfortunate incident cannot be ruled out. He used to drink and play cards with his friends, infront of their shop almost everyday. But the deceased never participated in their activities. Surprisingly, Dhindsa, who is a star witness supporting the police theory, has left the village Badala and closed his shop permanently after 10th August,2000 and now his whereabouts are not known to the villagers or his family members.

2. The Police theory that the deceased had also consumed large quantity of liquor on 10.8.2000 in the company of Dhindsa and lost senses, does not seem to be plausible as nobody among the villagers, except those tutored by the Police, said that they saw the deceased going out of his senses on the ill-fated day. Inquiries from the villagers revealed that a team of Chandigarh Police led by S.I.Ved Parkash had been visiting the village Badala on 12th and 13th August,2000 and had taken away Gurdeep Singh, Dhindsa and two more persons from the village in their seperate vehicle to the Police Station,Sec.39,Chandigarh and also produced the said persons before the S.D.M.(South) and got their statements recorded. One villager of Village Badala also disclosed that the Police had threatened him to tell the story to the people as they say, otherwise they would cause harm to him. It proves that the Police had unsuccessfully tried to circulate concocted story and planted tutored witnesses.

3. There has been gross violation of fundamental right to Life and Liberty as guaranteed under Article 19 and 21 of the Constitution of India and human rights of the deceased by the Chandigarh Police. When he was allegedly arrested at 6.15 P.M. by the PCR, it was their first duty to inform his nearest relative or friend and obtain the signatures of such person on the arrest memo, but nobody was informed of his detention till his death and even many hours after his death. The act of Chandigarh Police is also in violation of the Supreme Court guidelines in D.K.Basu Vs. State of West Bengal (A.I.R.1997 SC 610) wherein it has been made mandatory for the police to immediately inform the relative or next friend of the detenue about his arrest and also to inform him about the offence under which he has been detained. He must be given an opportunity to consult his lawyer while in custody.

4. The malafide intention of Police officials in P.S.Sector 39,Chandigarh while dealing with the deceased is writ large. It is a first case of its kind where the Police officials seem to be extra-vigilant while making out the case of accidental death and have left no loose string in their narration, but have brought it under strong suspicion. If the deceased was allegedly under the influence of liquor and was not in his senses when he was brought to the Police Station, it was necessary to get his immediate medical examination in order to get evidence in the case registered against him. But as per the police record, he was not taken for the purpose for inordinately longer period and was allegedly taken for medical examination only at 10.45 P.M. i.e. after four hours and twenty minutes. Neither the Police authorities, nor we have been able to answer the reason for this unexplained delay. Secondly, if he was allegedly taken for medical examination to General Hospital, Sec.16,Chandigarh at about 10.45 P.M. which is hardly ten minutes run from P.S. Sector 39,Chandigarh, why the doctor recorded the time of medical examination at 12 a.m. of 11.8.2000. Where was the deceased kept in between one hour and fifteen minutes ? What happened during this period ? Why he did not take a fight with the constable and try to escape or jump from the vehicle while being brought for medical examination? When he was not in senses how he took a scuffle with the Police Constable and even if he had actually done so, why he was not handcuffed in order to prevent any further attack.
5.The negligence of the Police is beyond one's comprehension. No body could believe that a detenue when brought to the Police Station was not in his senses and still he was not taken for medical examination for more than four hours and when taken to hospital which is only a run of fifteen minutes took one hour and fifteen minutes to reach there. Thirdly, as per the hospital sources, the deceased was allegedly sent back with the Police Constable of P.S.Sector 39,Chandigarh(probably Naresh Kumar) at 12.15 A.M. But they brought him dead only at 1.30 a.m. If the deceased had suffered serious head injury due to fall from the moving vehicle on the road dividing Sector 23/24,Chandigarh, he could have been rushed back to General Hospital, Sec.16,Chandigarh which is hardly two kilometers from that spot and it would not have taken more than ten minutes to rush back to hospital. It means as per the police, the deceased was allegedly made to lie on the road for more than an hour and then taken to General Hospital, Sector 16, Chandigarh where he was declared brought dead. Fourthly, if he was declared dead at 1.30 a.m. why his family members were not informed till 4.15 a.m. of 11.8.2000 ? Why it took three hours for the police to inform his neighbours on phone when Sector 32, Chandigarh where the deceased lived was not too far off ? Fifthly, if the victim had actually fallen down on the road, he must have suffered some injuries on other parts of his body like bruises or fracture etc, and his clothes must have been torn and had become dirty as according to the witnesses it was drizzling in the night and also in the morning of 11th August,2000. But when his father saw his dead body, his clothes were clean and did not show any sign of dirt or falling on the road.

6.The role of hospital authorities is also doubtful. If the deceased was in his senses at the time of his first medical examination at about 12 a.m. why the doctor on duty did not inform his relatives or friends on phone about his detention ? Secondly, While he was declared dead at about 1.30 a.m. on 11.8.2000 the Post mortem on the dead body was conducted by a three doctor board only at 5.30 P.M. on 11.8.2000 i.e. after about sixteen hours from the alleged death. Thirdly, no viscera of the deceased has been sent for Laboratory tests although it had been removed out of the body for the purpose. As per the head doctor on the panel, it's not necessary ! By not sending the viscera of the deceased for Laboratory tests,the board of doctors has not only helped the Police in getting benefit of doubt, but also acted contrary to the guidelines laid down by the National Human Rights Commission. Thirdly, the alleged first examination report conducted by the other doctor earlier to victim's death has been made part of the Postmortem report(whereas it is not ordinarily done.) Last but not the least, the Post mortem report shows some other injuries on the body of the deceased, which also gives rise to the suspicion that the police story is false. The cause of death have been opined as serious head injury.

PROBABLE REASON BEHIND THE DEATH;-

Although it's a blind case with no useful help received from any corner, our team has been able to construct three theories which are only probabilities.

First theory is that one of the Police witnesses as framed by them at Village Badala, had played important role in the elimination of the deceased for reasons known to him alone. He might have taken the deceased to Police Station Sector 39,Chandigarh himself on his vehicle on 10.8.2000,(may be after giving some intoxicant to the deceased) and there cooked up the story to eliminate him and show it a case of accidental death. With the help of police officials in P.S. Sector 39,Chandigarh he manipulated the record, but kept himself off the record and while taking the deceased for medical examination, he was alone with the deceased at the back side of the vehicle and threw him on the road or first hit him with some weapon and then threw him on the road and showed it to be a case of accidental fall and involved Constable Naresh Kumar in the incident.

Second theory is that the deceased had died in the Police Station itself due to excessive beating, and then the Police cooked up the story that the deceased had consumed excessive alcohol with Dhindsa in his clinic and was arrested from Sec.39/40 while he was making nuisance under the influence of liquor and while coming back from hospital, fell down from the moving truck and died of the injuries.

According to third theory, even if it is not a murder and the deceased had died due to fall from the moving vehicle, it is quite possible that under the influence of liquor, the deceased had a scuffle with Constable Naresh Kumar in the moving vehicle, who alone was present in the back side of the vehicle and he was pushed by the Constable Naresh Kumar out of the moving vehicle, as a result of which he fell down on the road and suffered serious head injuries which caused his death.

RECOMMENDATION;-

Since it is a case where the story of Police is suffering from many flaws and there are many circumstances and allegations of gross negligence pointing a finger of suspicion and acting with malafide intention against the Police of P.S. Sector 39, Chandigarh, besides role of hospital sources in helping the police authorities and that fabricated evidence and tutored witnesses have been produced before the S.D.M.(South)by the Police, it is a fit case where an independent probe by some independent agency should be held, preferably by the C.B.I. and in the meantime, a criminal case under Section 342,330,304-A of IPC should be registered against the suspended policemen. To sum up, it's a clear case of Custodial death with deep police involvement and doctor-police nexus and un-successful attempt to paint a different picture to show it a death by accident. Lawyers For Human Rights International strongly condemn this act of Chandigarh Police in killing a young man and then trying to scuttle every effort to unearth the truth by cooking up false story, fabricating false evidence and planting tutored witnesses.

We conclude this report with heavy heart, reminding the disconcerting note sounded by Abraham Lincoln,

"It is true that you can fool all the people some of
the time, and some of the people all the time,
but you cannot fool all the people all the time."

(AMAR SINGH CHAHAL) (TEJINDER SINGH SUDAN)
President President, Chd.Unit.

(PREET KAWAL SINGH GILL) (RAVINDER SINGH JOLLY)

(ARUNJEEV SINGH WALIA) (YOGESH VINAYAK)

(MANPREET SINGH CHAHAL) (HRIDAYPAL SINGH)

COPY OF COMPLAINT SENT BY LAWYRES FOR HUMAN RIGHTS TO NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI SEEKING A HIGH LEVEL INQUIRY INTO THE CUSTODIAL DEATH OF DR.AMANJEET BY CHANDIGARH POLICE
BEFORE THE NATIONAL HUMAN RIGHTS COMMISSION AT NEW DELHI.

Complaint No.______/2000

Lawyers For Human Rights International,K.No.115,Sector 8-A, Chandigarh. Through its President, Amar Singh Chahal.

......Complainant

Versus

1. Chandigarh Administration, through its Home Secretary, U.T. Secretariat, Chandigarh.
2. Inspector General of Police, U.T. Police Hqrs,Sector 9, Chandigarh.
3. Medical Superintendent, General Hospital, Sec.16,Chandigarh.
4. Dr.Tirath Goyal, Head Surgeon, General Hospital,Sector 16,Chandigarh.

......Respondents

COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF
HUMAN RIGHTS ACT,1993 FOR HOLDING AN INDEPENDENT
INQUIRY INTO THE CUSTODIAL DEATH OF AMANJEET, A
DOCTOR OF CHANDIGARH BY CHANDIGARH POLICE ON
10-11TH AUGUST, 2000.

RESPECTFULLY SHOWETH;-

1. That the Complainant is a registered non-governmental human rights organisation striving to secure Protection of human rights of the citizens and upholding the Rule of Law. The present complaint has been filed on behalf of the father and widow of the deceased.

2. That the Complainant read a news report in The Tribune, dated 12th August,2000 regarding the Custodial death of Dr.Amanjeet, a Chandigarh resident by Chandigarh Police on the night intervening 10-11th August,2000,the copy of news item is annexure P-1. After holding an emergent meeting of the governing body, the Chandigarh District Unit of the organisation was directed to hold a detailed inquiry into the circumstances under which the victim died in Police Custody.

3. That the team consisting of seven lawyer members of the organisation held detailed investigations and submitted its preliminary investigation report on 19th August,2000 which was released to the Press as also delivered to the Inspector General of Police,U.T and Superintendent of Police,U.T.Chandigarh. The copy of the said report is annexure P-2.

4. That as per the preliminary investigations of the organisation, the deceased had undisputedly died in Police Custody and it's a blatant case of violation of human right of the deceased which needs stringent punishment for the culprits responsible for the worst kind of human right violation of a citizen.

5. That inspite of repeated representations by the father of the deceased to the concerned authorities for holding an independent inquiry into the Custodial death of his son, preferably by C.B.I. nothing has been done to undo the wrong done to him. The Chandigarh Police has not still taken any steps to find out the truth behind the sordid incident and is making every effort to scuttle the fair and impartial investigation into the case. No case has yet been registered against any of the Policemen responsible for the crime, rather a case under Section 224,353,332 and 309 IPC had been registered against the deceased in P.S.Sector 11,Chandigarh on 11.8.2000.

6. That it is the clear finding of the organisation that the deceased had died in Police Custody, probably due to third degree torture subjected upon him in the Police Station, Sec.39,Chandigarh and thereafter when he could not bear the torture anymore and collapsed in the Police Station, a false story was cooked up and the doctor of the General Hospital,Sec.16,Chandigarh was involved in obtaining a false medical certificate that the deceased was under the influence of liquor. Interestingly, Dr.Tirath Goyal, the head of the board of doctors which conducted autopsy on the deceased refused to send the viscera of the deceased for laboratory tests, contrary to the demand of the two other doctors on the board.

7. That there is urgent necessity of an independent and impartial investigation into the Custodial death of the deceased and it would be most appropriate if a Judicial member or a Senior officer from the investigation wing of the Commission holds an on the spot investigation and the Commission may recommend appropriate relief to the next of the kin of the deceased.

It is therefore,most respectfully prayed that this Hon'ble Commission may hold an independent investigation into the Custodial death of the deceased doctor and make suitable recommendations to the Chandigarh Administration to undo the wrong done to the family of the victims.

CHANDIGARH COMPLAINANT
DATED;

REPORT-II

INVESTIGATION REPORT INTO THE KILLING OF A YOUTH OF LUDHIANA BY INSPECTOR GURMEET SINGH "PINKY" OF PUNJAB POLICE AND HIS ACCOMPLICES ON 7TH JANUARY, 2001

Conducted By:-

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

CHANDIGARH.
JANUARY 10,2001

The Criminal activities of Punjab Police personnel has been the concern of every law abiding citizen. There are numerous incidents where Punjab police have been found acting beyond the pale of law in settling personal scores, land grab and other heinous crimes in different parts of the State, but the State government has remained silent at this increasing tendency of their forces. The case of grisly murder of Avtar Singh, a youth of Ludhiana on 7th January, 2001 by an Inspector of Punjab Police and his gunmen and other criminal elements has once again brought to light the deep-rooted criminal-police nexus in Punjab police, where the common man is feeling insecured and prone to police brutality.

On 9th January, 2001 almost all the newspapers of the region including "The Times of India", Chandigarh edition, published news report titled " Cop absonding after shootout: victim dies", the true copy of which is appended herewith. The same day, a team of Lawyers representing Lawyers For Human Rights International, comprising of Mr. Arunjeev Singh Walia, Mr. Ravinder Singh, Mr. Mohinder Kumar and Mr. Yogesh Vinayak( a journalist) went to Ludhiana on a fact finding visit and conducted detailed investigation into the whole incident.Mr. Anil Sharma, a local social activist of Ludhiana, assisted the team.

Krishna Nagar, in Ludhiana where the victim lived is just near the Punjab Agriculture University, Ludhiana. It is a thickly populated area with small houses on both sides of internal streets. Most of the people living in this area are middle standard traders alike the victim's father. The area is a very peaceful residental area and has remained crime-free since long.

NAME AND ADDRESS OF VICTIM:-

Avtar Singh alias Gola, son of S. Amrik Singh, aged 21 years, resident of H.No.1651, Krishna Nagar, Ludhiana. Occupation: After completing graduation just opened a grocery shop near his house. Education- Graduate, Marital Status- had been engaged just two months ago. (Deceased)

WITNESSES EXAMINED:

1. Amrik Singh, father of the deceased
2. Sushil Kumar, a friend of the deceased
1. Amandeep Singh alias Lovely, another friend of the deceased
2. Vajinder Singh, brother-in-law of the deceased
3. Daljit Singh, neighbour of the deceased
4. Surjit Singh, a friend of Amrik Singh( deceased's father)

PLACES VISITED:

1. Residence of the deceased
2. Place of incident
1. Civil Hospital, Ludhiana-mortuary
2. Arti Cinema Chowk, Ludhiana(Place of Public Dharna)

NAMES AND PARTICULARS OF ACCUSED PERSONS;

1. Inspector Gurmeet Singh "Pinky", Police Lines Moga.
2. Bittu Gill, gunman of Inspector Gurmeet Singh Pinky.
3. Paramjit Singh Pammi, the owner of Verma Gun House, resident of Maharaja Nagar, Ludhiana
4. Panna, the owner of Sardar Tent House, Ludhiana
5. Pawan Kumar, gunman of Inspector Gurmeet Singh Pinky

FACTS:

Avtar Singh, son of Amrik Singh, aged 21 years was an unmarried clean shaven youth with no criminal background. He was the only son of his parents with four sisters. His family consists of his grandfather, parents and four sisters. He was quite social and had good number of friends. On Sunday, the 7th January, 2001 his elder sister and her husband Vajinder Singh had come to meet them from Ambala Cantt. in Haryana. There was a religious prayer function in Ludhiana on the same day in the evening and some of his friends had decided to attend that function. At about 7.30 P.M. on 7th January, 2001 about five of his friends had come to his house and took him to the function. The six friends seated themselves on two vehicles, one scooter and one motor cycle. Avtar Singh was sitting on the pillion of the scooter. While they were passing from a street nearby, at around 8 P.M., about 10-12 persons wearing civil clothes, were standing in the middle of the street consuming liquor. All of them were carrying arms with them. They had put the liquor bottles and glasses on the three cars parked outside the house of Inspector Gurmeet Singh Pinky in Maya Nagar, Ludhiana. Suddenly the motor cycle driven by Amandeep Singh stopped, Avtar Singh requested the persons standing on the road to give them way. But someone among those persons rudely asked them to change their route and go from the other street. Avtar Singh again requested that the other street is damaged and so it is the only street from where they could reach their destination. At this, Gurmeet Singh "Pinky" and his gunmen got furiated and caught hold of Avtar Singh and dragged him from the pillion of the scooter and started thrasing him with fists and kicks. Soon others also joined in. His friends ran for their safety leaving behind their motor cycle and scooter. One friend Sushil Kumar, rang Avtar's father from a nearby STD that his son is being beaten by somebody and he should come immediately. Amrik Singh, father of Avtar Singh, took his neighbour Daljit Singh, his friend Surjit Singh and his son-in-law Vajinder Singh and rushed to the spot on two different two-wheelers. Within few mintues they had reached the spot. In the meantime, Avtar Singh had been badly thrashed by those persons. After good thrashing, Avtar Singh was let-off. When Amrik Singh and others saw Avtar Singh, they went forward to save him. Suddenly, they saw that those persons had started firing indiscriminately on them. There persons were carrying A.K. 47 rifles, one was carrying 9 mm Carbine, and others were carrying pistols or revolvers. People heard sounds of AK-47 rounds as also of revolver shots. When one bullet fired by Inspector Gurmeet Singh "Pinky" from his service revolver touched the head of Amrik Singh, and injured him, Avtar Singh who had fallen on the road got up to save his father and came into the close range of Inspector Gurmeet Singh Pinky's second bullet. The bullet fired from the service revolver of Gurmeet Singh Pinky hit the forehead just below the left eye-brow of Avtar Singh and pierced through his head making a hole in the skull and going outside from the back of the head. Avtar Singh immediately fell on the road. After viewing the whole shooting for more than five minutes, Daljit Singh and Surjit Singh, friends of Amrik Singh came forward and Surjit Singh, caught hold of the AK-47 rifle of one gunman and changed its direction from vertical towards the Sky. By that time, Daljit Singh and Amrik Singh started shouting that Avtar Singh has been killed. For ten minutes, the assailants remained on the spot and continued hurling abuses at them. When they saw that the situation has worsened, they slipped away in the parked cars whose numbers were noted by eye-witness Surjit Singh as PB-08-0153 , PB-10B-1164 and one scooter no.PB-08-L-812T. The assailants were identified as Inspector Gurmeet Singh "Pinky", Panna- the owner of Verma Gun House, Ludhiana, Pammi- the owner of Sardar Tent House, Ludhiana, Bittu Gill- the official gunman of Gurmeet Singh "Pinky" and his eight other accomplices. Daljit Singh, Amrik Singh and Vajinder Singh jointly picked up Avtar Singh who was in a pool of blood and firstly took him to a nearby nursing home, and then immediately took him on a scooter to Dayanand Medical College, Ludhiana. Avtar Singh was unconscious by that time. He was immediately put on an incubator in the D.M.C. at about 9.21 P.M. on 7th January, 2001. He ultimately succumbed to his injuries at the D.M.C. on 8th January, 2001 at 5.45 P.M. His post-mortem was conducted on 9th January, 2001 at the Civil Hospital, Ludhiana by a board of doctors consisting of Dr.S.K.Sharma and Dr. I.S. Bagga of Civil Hospital, Ludhiana and the dead body was handed over to the relatives at about 2.15 P.M. The cremation of the body could not take place till 10th January, 2001 because of public outcry against the inaction of the police in nabbing the culprits.

The local police could not reach at the place of occurrence for many hours and delayed the recording of First Information report. The F.I.R. No.10 dated 8.1.2001 under Sections 307/323,336,148,149 IPC, 25/27,54/59, Arms Act was recorded in Police Station Division No.5, Ludhiana at about 4.a.m. on the statement of Amrik Singh, father of the deceased. The father of the deceased being an illeterate person failed to read the contents of the F.I.R. and apart from getting his signatures on his alleged statement, the local police allegedly got his thumb impression on few blank papers. All the accused are absconding and there has been no visible effort of the police to raid possible hideouts of the culprits and arrest them, even when four of the 12 persons involved in the shootout are police personnel.

Showing solidarity and to express their sympathies with the bereaved family, thousands of people reached the house of the deceased. All the markets in Ludhiana city remained closed on 9th and 10th January, 2001. A day long dharna was put by thousands of residents of Ludhiana on the Ludhiana-Ferozepur road near Arti Cinema Chowk on 9th January, 2001 which culminated with a harsh Lathi-Charge by the police on the unarmed and peaceful protestors including old men and women in the evening. A big protest rally was also organised at the spot of dharna during the day, where residents and leaders of the area expressed their sympathies with the family of the deceased and demanded strict action against Gurmeet Singh Pinky and his criminal accomplices.

POLICE VERSION:-

According to the First Information Report recorded by the Police in P.S. Division No.5, Ludhiana, When Avtar Singh was passing from the street alongwith his friends, Gurmeet Singh Pinky, who is working in Police department alongwith his gunmen and some private persons stopped them from going through that street. But when Avtar Singh pleaded for the way through the street, Gurmeet Singh and other started beating him. His friend Sushil Kumar informed Amrik Singh that some persons are beating Avtar Singh near Sireesh Nursing Home, and when Amrik Singh alongwith some persons reached there, Gurmeet Singh Pinky and his accomplices started firing on them. One bullet passed from just near the forehead of Amrik Singh and another shot hit the forehead of Avtar Singh, who collapsed then and there. He was taken to Dayanand Medical College, Ludhiana. He succumbed to his injuries on 8th January, 2001. The culprits slipped away from the scene and are still absconding. Search is on to nab them.

ACTION TAKEN BY POLICE:-

The Police had registered F.I.R. No.10 dated 8.1.2001 under sections 307/323,336/148,149 IPC, 25,27, 54/59 Arms Act in P.S. Division No.5, Ludhiana against Gurmeet Singh "Pinky" , Pammi, Panna and Bittu Gill, gunman and other accomplices. No visible efforts have been made by the police to trace the culprits. Gurmeet Singh Pinky was ordered to be suspended and reverted to his original rank of Havaldar by the Director-General of Police, Punjab on 9th January, 2001. The three gunmen given to him are still in service, but absconding alongwith him. The Senior Superintendent of Police, Ludhiana created a flutter of his authority when he called upon the people to trace the assailants and assured that he would certainly arrest them, knowing fully well that the Police is duty bound to search the culprits and leave no stone unturned to arrest them. From the conduct of Senior Police authorities, it has become clear that the Police is not interested at all in arresting Gurmeet Singh Pinky or his accomplices and may try to hush up the case by using the blank papers obtained from the father of the deceased. The inaction of the police in this case has irked many concerned citizens of the State.

EYE-WITNESS ACCOUNT:-

Sushil Kumar, son of Chint Ram, resident of Ludhiana is a close friend of deceased Avtar Singh. He disclosed to the team that when they were passing through the street, Gurmeet Singh Pinky and 10-11 persons were standing in the middle of the road and consuming liquor by putting the bottles and glasses on the bonnet of the cars parked outside the house of Gurmeet Singh Pinky in Maya Nagar, Ludhiana. " Avtar Singh had not raised any protest or objected to their standing on the road, but had simply requested them to give way. But Gurmeet Singh Pinky and his accomplices started beating him." Sushil Kumar further told that when he saw Avtar Singh being thrashed by the accused persons, he ran away and made a phone to Amrik Singh from a nearby STD and informed him about the beating of Avtar Singh. Thereafter he ran towards different street to save himself. But later on one of his friend, Chandan told that Avtar Singh has been injured in the shootout and he has been taken to Dayanand Medical College, Ludhiana. He also rushed to the hospital to know the welfare of Avtar Singh. He alongwith another friend, Amandeep Singh alias lovely who were with Avtar Singh at the time of beating, identified Gurmeet Singh Pinky from amongst the assailants.

Vajinder Singh, brother-in-law of deceased Avtar Singh who accompanied Amrik Singh to the spot also deposed that he heard many gunshots fired directly upon them by the assailants for more than ten minutes. He saw one bullet hitting Avtar Singh and Avtar Singh falling down on the road. He was the first person to pick up Avtar Singh alongwith Daljit Singh and Amrik Singh, father of the deceased. Daljit Singh, also a vital eye-witness said that some thing also hit him due to which he has also suffered few abrasions on his face, but he expressed his inability to identify anybody from amongst the assailants. Contrary to this, Surjit Singh, another friend of Amrik Singh who had also gone to save Avtar Singh, deposed that he identified Gurmeet Singh Pinky who had fired from his service revolver on Avtar Singh. He also said that he caught the AK-47 rifle of the gunman of Pinky and changed its direction towards the sky. He also started shouting when he saw Avtar Singh hit by the bullet of Gurmeet Singh Pinky. He was the vital witness who had noted the numbers of the cars in which the culprits escaped. He, however, did not remember the registration number of the third car which was also parked outside the house of the accused policeman. Amrik Singh, father of the deceased also stated that he had identified Gurmeet Singh Pinky and saw him firing bullet from his service revolver on his son Avtar Singh. He said that he also suffered bullet injury, but the police is not taking any interest in the case and his thumb-impressions were forcibly obtained on blank papers. He apprehends hushing up of the case by the police and shielding of the culprits by the local police.

ACTION BY STATE GOVERNMENT :-

Inspite of cold blooded killing of an innocent Sikh youth by an Inspector and his gunmen in Ludhiana, the State government has not officially minced any word to condemn or express sympathy with the bereaved family. Although, the Chief Minister, Parkash Singh Badal was present in Ludhiana on 9th January, 2001, he could not find any courtsey to spend few minutes to console the bereaved family, nor he spoke any word of sympathy for the victim's family. There has been studied silence from the State government on the ill-fated incident till date except that the guilty cop has been suspended and reverted to his original rank of Head Constable. Little courtsey was shown by the Chief Minister on his visit to Ludhiana by talking to the media people on the incident on 9th January,2001.

BACKGROUND OF GURMEET SINGH PINKY :-

A notorious criminal, Gurmeet Singh, popularly known as "Pinky" in police circles has a dubious lifestyle. He was a small time criminal during the peak of terrorism in Punjab. He was hired by few Senior Police officials to infiltrate into militants ranks and give information about their activities and hideouts. He was instrumental in the elimination of many innocent persons in police encounters during 1988-1994. He also killed many persons in the name of terrorists during the peak of militancy. He was a known "police cat", a name given by Mr. K.P.S. Gill, the then D.G.P. of Punjab. He was later absorbed as a Special Police officer and was promoted to the rank of Head Constable in Punjab Police. After some time, he got unlimited out of turn promotions and soon became Inspector and remained posted in C.I.A. Staff, Jalandhar for more than two years. During this time, he amassed huge wealth from all legal and illegal means. At present, he owns one grand bunglow No.124-A, in Maya Nagar, another house where the present incident occured also belongs to him and it is under construction. Besides this, he owns another bunglow in Ghumar Mandi, and another one in Civil Lines in Ludhiana. He also owns one Kothi in Sector 33, Chandigarh, and one big farm house on Chandigarh-Ludhiana road near Samrala. He has two living wives. He has been chargesheeted by the C.B.I. in a case of abduction of a youth of Jagraon, under Sections 364,344,347,384,120-B, IPC which is pending trial in the C.B.I. Court at Patiala since 2000. He is also accused of illegally detaining and torturing many people and interferring in property disputes. More than 10 complaints are pending against him in the Punjab State Human Rights Commission, besides four petitions in Punjab & Haryana High Court filed by different persons. In one such petition, he has been charged with obstructing in the working of the warrant officer, when four of the detainees were recovered from his illegal custody in C.I.A. Staff, Jalandhar. Interestingly, the then D.G.P. Mr. P.C. Dogra had ordered that Gurmeet Singh Pinky be provided with four gunmen with AK-47 rifles and since then he has been provided police security alongwith an escort Gypsy at State expense which is still with him. In an inquiry held by the Additional Director-General of Police, Punjab on the orders of the Punjab Human Rights Commission, the then Senior Superintendent of Police, Mr. Gaurav Yadav had defended him by giving false statement that Gurmeet Singh Pinky was posted in Jalandhar district on 5.4.1990, whereas as per one F.I.R. registered in P.S. Division No.5, Jalandhar on 6.1.1990 in some other case, Gurmeet Singh Pinky was shown posted in Jalandhar in January, 1990. He has been accused of intimidating, threatening and beating of many people of Ludhiana, Jalandhar and Moga. He is a known drug addict and keeps a small silver box with him, containing opium which he is addict of. Interestingly, he has obtained the visas of few countries and it is apprehended that he may abscond from India to another country and will never return home, unless his passport is not seized.

FINDINGS:-

The investigation team of Lawyers For Human Rights International, visited Ludhiana on 9th January, 2001 and during the course of investigation met about six material witnesses and hundreds of other residents of the area and also saw the spot of incident. Facts disclosed by the eye-witnesses and the relatives of the deceased were also recorded. The still and video film of the entire visit was prepared and retained un-edited. Joining all the facts and circumstances of the case, the team has arrived at the following findings:-

1. The present case has exposed the Police - Criminal nexus prevailing in Punjab Police. It has established beyond doubt that there are good number of Criminals turned "police cats" in the Punjab police who considers law unto themselves. He has no fear of law. Senior Police officials always try to protect people like him. Especially in the present case, there has been every effort by the Punjab police to help Gurmeet Singh Pinky from escaping the rule of Law.

2. The direct involvement of Gurmeet Singh Pinky and his three gunmen and other criminal elements has also been established beyond reasonable doubt. It has also come that it was the bullet fired from the service revolver of Gurmeet Singh Pinky which had caused the fatal wound on the person of the deceased Avtar Singh.

3. Public outcry against the dastardly killing by Gurmeet Singh Pinky has undoubtedly proved that many people were also affected due to the unlawful and terrorist activities of Gurmeet Singh Pinky. Their was a hidden fear in the minds of every citizen of Ludhiana which has come out in the form of outburst against Gurmeet Singh Pinky in the present case.

4. The board of doctors conducting the Post mortem examination tried to manipulate the record by firstly ignoring the fact as to which wound was of a firearm on the body. But later on due to public presssure, the records were corrected on the orders of the Deputy Commissioner, Ludhiana. The Ludhiana police is openly shielding the accused Police personnel and other culprits. The Senior Superintendent of Police, Ludhiana has never assured any person or even in the media that they will arrest the culprits within a specific time period, which shows that they know where Gurmeet Singh Pinky and his accomplices are hiding and every effort is being made to allow them to escape from the law. The people as also the family members of the deceased have lost faith in the Punjab police and no alternative except handing over the investigation to an independent agency like the C.B.I. is left to the State Government, if it really cares for the lives of their citizens.

5. The family of the deceased Avtar Singh is in a very pitiable condition. Avtar Singh, being the only son with four sisters was most loved one. With his demise, his old grandfather and parents and two younger sisters are the worst affected persons. He was also the breadearner of the family, so the economical aspect of the family is also to be kept in mind.

6. The role of press media in the entire incident is highly appreciable and they aptly reported the true account of the incident. However, much needs to be done by the media in highlighting the criminal- police nexus in the State police which has by now gone un-addressed to some extent.

RECOMMENDATIONS:-

1. The investigation into the present case must be handed over to an independent agency like C.B.I. on account of inaction of Punjab police and shady conduct of Senior Police authorities in protecting the culprits including Gurmeet Singh "Pinky" the main accused in the murder of Avtar Singh, deceased.

2. The family of the victim must be compensated by paying an ex-gratia compensation of Rs.10 lacs from the State exchequer, besides offering a government job in district administration, because the deceased had been killed by an officer of the Punjab Police.

3. Departmental action must be taken against those policemen of Police Station Div. No.5, Ludhiana who failed to arrest the culprits after the incident and who forcefully obtained thumb impressions of the father of the deceased on blank papers. Since the father of the deceased is feeling that his statement has not been truly recorded in the First Information Report, a supplementary statement of the father should be recorded and proper and transparent investigation must be undertaken.

4. The property of the culprits like the six houses owned by Gurmeet Singh Pinky must be sealed forthwith and efforts should be made to auction it and give the money received from the auction to the next of the kin of the deceased. Similarly, the licence granted to Verma Gun House, whose owner is a co-accused in the present case must be withdrawn and his property should be ordered to be seized.

No political party, whether ruling or opposition in the State has shown courage to share the grief of the villagers except mincing few words of anger against Punjab Police or Gurmeet Singh Pinky. Human Rights organisations and activists have condemned the gruesome incident in strong words. To sum up, no words could express the grief and sorrow of the family of Avtar Singh, who have lost their only son in the prime of his youth, for no fault of his. It is urgently required that the State government in order to restore faith of the people in the Administration of justice should order an independent inquiry into the present case preferably by the C.B.I. and should immediately arrest Gurmeet Singh Pinky and his accomplices and bring them to trial for the murder of Avtar Singh of Ludhiana. Only such action can really heal the wounds of the people, if at all the State government cares for its citizens.

CHANDIGARH. (AMAR SINGH CHAHAL)
DATED;11.01.2001 PRESIDENT

(NAVKIRAN SINGH)
General Secretary

ARUNJEEV SINGH WALIA YOGESH VINAYAK
INVESTIGATOR INVESTIGATOR

RAVINDER SINGH MOHINDER KUMAR
INVESTIGATOR INVESTIGATOR

REPORT-III

INVESTIGATION REPORT INTO CUSTODIAL DEATH OF JASPAL SINGH OF VILLAGE SAHERI,P.S.MORINDA, DISTT.ROPAR ON 7TH FEBRUARY, 2001 IN POLICE STATION MORINDA, DISTRICT ROPAR

The brutal torture methods and inhuman third degree torture given by Punjab Police to the common man has been a subject of great concern for every law abiding citizen in the State. There is a long list of incidents where Punjab police had beaten to death many innocent persons during interrogation in the torture chambers of the police stations. But neither the State government nor the Police authorities have responded aptly at this increasing tendency of using inhuman third degree methods by their forces and have awfully failed to take any action against the erring cops. The case of gruesome custodial death of Jaspal Singh, a youth of Village Saheri, P.S. Morinda, Distt.Ropar in Punjab on the intervening night of 6th -7th February, 2001 by Policemen of P.S. Morinda, Distt.Ropar has once again established the fact that Police force in Punjab has gone berserk and is using third degree methods upon every person legally or illegally picked up by them and the situation in the State has become so worse that the common man is feeling highly insecured and prone to police brutality. State of Punjab appears to have become a Police Raj. There is a total lack of Control by State administration over Police machinery and every organ of the State is mocking at the extra-judicial and barbaric torture techniques of Punjab police, at the cost of the common man, who is the ultimate victim.

On 7th February, 2001 there was a road blockade on the Morinda-Ludhiana main road since Morning. Thousands of people had gathered outside the Police Station Morinda in protest against the custodial death of a dalit/ scheduled Caste boy of Village Saheri, Distt.Ropar. The news spread like a wild fire across the region and a telephonic information was received in the headquarters of our body in the evening. The same day, a team of Lawyers representing Lawyers For Human Rights International, comprising of Mr. Arunjeev Singh Walia, Mr. Ravinder Singh Bassi, Mr. O.P.Dabla, Mr. Arvind Sandhu, Mr.Kulbir Singh Bains, Mr. Anil Kaushik, Mr. Bhupinder Singh, Mr. Tejinder Singh Sudan and a social activist Mr.Shashi Sharma of Jalandhar went to Morinda on a fact finding visit and conducted detailed investigation into the whole incident.

Village Saheri, a small village of Kharar tehsil in Distt.Ropar, where the victim lived is just few kilometers away from Morinda. It is a thinly populated area with small houses. Most of the people living in this area are poor alike the victim's father. The area is a very peaceful rural area and has remained crime-free since long.

NAME AND ADDRESS OF VICTIM:-

Jaspal Singh alias Kala, son of Surmukh Singh, aged 17 years, resident of Village Saheri,P.S.Morinda,Distt.Ropar. Occupation: He was working as a worker in a tent house in Morinda and was the breadearner of the family. Family-He has one sister and one brother, besides his parents in the house. Sister is un-married and brother is deaf and dumb minor. Education- 9th Pass Marital Status- Un-married (Deceased)

WITNESSES EXAMINED:
5. Surmukh Singh, father of the deceased
6. Surinder Kaur, mother of the deceased
3. Dallan Singh, maternal grand father of the deceased
4. Bibi Harbhajan Kaur, Head of Village Gurdwara in Vill. Saheri, Distt. Ropar.

PLACES VISITED:
3. Place of incident ( Police Station Morinda)
4. Civil Hospital, Ropar - mortuary

NAMES AND PARTICULARS OF ACCUSED PERSONS;
1. Sub-Inspector Tarlochan Singh, S.H.O. Police Station Morinda.
2. Constable Manoj Kumar, P.S. Morinda
3. Head Constable Shingara Singh, P.S. Morinda
4. Gurmeet Singh, father of Charanjit Singh, Jat Sikh of Vill. Saheri.
5. Jagtar Singh, Sarpanch of Village Saheri.
6. Surjit Singh, of Village Saheri
7. Nirmal Singh of Village Saheri
8. Billu, husband of sister-in-law of Sub-Inspector Tarlochan Singh,S.H.O. P.S. Morinda, resident of Village Saheri

FACTS:
Jaspal Singh, son of Surmukh Singh, aged 17 years is the elder son of Surmukh Singh. He belongs to Harijan caste ( schedule Caste) and worked as a helper in a tent house in Morinda. He had no criminal record or tendency to become violent. On 6th February, 2001 there was an alleged fight between Jaspal and another young boy of the same village,named Charanjit Singh, son of Gurmeet Singh who belongs to Jat Sikh caste in which Charanjit received few minor injuries. Feeling agitated, Gurmeet Singh, whose friend Billu of the same village had a close relation with the Station House Officer of P.S. Morinda, namely Tarlochan Singh demanded that Jaspal be taught a lesson for beating the son of a Jat Sikh landlord of the village Saheri. The S.H.O. firstly sent his two policemen to the house of Jaspal on 6th February,2001 in the evening to bring Jaspal, but he was not at home. Later on, two other policemen in uniform in a two-wheeler scooter accompanied by Gurmeet Singh and Billu on another scooter again came to the house of Jaspal Singh at about 9.30 P.M. and forcibly picked him up in the presence of his father Surmukh Singh and grandfather Dallan Singh. When Surmukh Singh tried to resist the forcible act of the policemen, he was also injured on his right eye-brow by the policemen. While taking away Jaspal Singh, the policemen told his parents that he is being taken to Police Station Morinda. When Jaspal Singh had been forcibly made to sit in the middle of the two policemen on the scooter, he was being beaten up and he was crying loud and high. Surprisingly, in utter violation of Supreme Court guidelines in case of arrest, no arrest memo was prepared by the police party nor any signatures of the parents of the detenu were obtained by the police men.
The father of the victim was so traumatised and shocked that he could not think of acting immediately till 4 a.m. on 7th February,2001, when he alongwith his father-in-law Dallan Singh went out of his house in search of his son. When they had reached near the turning of Bangian village, a Police gypsy came near him and stopped. He saw the S.H.O. of Police Station Morinda on the driving seat, Sarpanch Jagtar Singh and Billu in the vehicle. The S.H.O. Tarlochan Singh, asked Surmukh Singh to sit in the gypsy so that they may go to the house of Paramjit Singh of the same village. On reaching the house of Paramjit Singh another Jat Sikh resident of the same village, Surmukh Singh was told that his son Jaspal Singh has died and is in Police Station Morinda. The S.H.O. tried to forcibly take him to some place on the pretext of preparing papers with regard to the delivery of dead body of Jaspal Singh, but Surmukh Singh raised the alarm and compelled the S.H.O. and his accomplices to leave the place. It was at 6 a.m. The whole village was informed about this tragedy and one head of the village Gurdwara Bibi Harbhajan Kaur organised the villagers and a large gathering of residents of Saheri and adjoining villages as also of Morinda thronged the Police Station Morinda at about 10 a.m. on 7th February,2001. When the villagers were not shown or told about the state of health of Jaspal Singh, victim or his well being by the Police authorities they got furious and raised anti-police and anti-administration slogans. Someone from inside the police station raised a lalkara(threatening) and provoked at this unlawful act, the mob turned violent and started pelting stones at the policemen inside the Police Station, Morinda, but nobody was hurt. The villagers laid a 15 hour seize to the Police Station, Morinda and also blocked the Morinda-Ludhiana highway begining 10 a.m. till 11.30 P.M. in the night.

POLICE VERSION

According to Police, Jaspal Singh was booked for apprehension of breach of peace under Section 107/151 Cr.P.C. When he was brought to the Police Station and was being questioned, his health deteriorated and he became unconscious. When he was taken to Civil Hospital, Morinda he was declared dead. An F.I.R. No.13 dated 7th February,2001 was registered at P.S. Morinda under Section 302 I.P.C.( murder) and one Constable Manoj Kumar, Gurmeet Singh, Sarpanch Jagtar Singh, Surjit Singh, Nirmal Singh, all residents of Village Saheri were booked for the custodial death of the deceased Jaspal Singh. Ironically, the police has failed to explain as how the outsiders had succeeded in beating the deceased in Police Custody which ultimately claimed his death. Interestingly, the last sentence of the statement of the mother of deceased mentions that all the police officials present in Police Station Morinda on the intervening night of 6th-7th February,2001 are responsible for the death of the deceased.

ACTION TAKEN BY POLICE

The Ropar police has miserably failed to discharge its duty of handling the case with the required urgency and seriousness. For the whole of the day of 7th February,2001 neither S.S.P. nor any Sub-Divisional Magistrate was available in the Police Station Morinda to inform about the tragedy to the people. The situation was not properly handled due to which the people had lost their cool and resorted to stone pelting upon the Police Station. None of the persons named in the F.I.R. have so far been arrested by the Police, nor the constable Manoj Kumar has been suspended or arrested. The Police had not suspended or taken any action against the S.H.O. Tarlochan Singh till 8th February, 2001. Under public pressure, the SSP, Ropar in order to cover up his wrongs, only ordered the suspension of the S.H.O. and sent him to Police Lines, Ropar only on 8th February,2001. Till 10th February, 2001 the S.D.M. Ropar had not started any inquest proceedings and have failed to record the statement of the parents of the deceased or any other material witnesses. He has also not questioned the erring policemen about the chain of events which led them to pick the victim and subject him to so severe third degree torture.

ACTION TAKEN BY THE STATE GOVERNMENT

The District Administration also deserves dis-credit for not responding to the incident appropriately. The Deputy Commissioner, Ropar never took pains to console the parents of the deceased nor even a word of condemnation or sympathy for the bereaved family has come from the District Administration. Every organ of the District Administration including the Sub-Divisional Magistrate is shielding the erring police officials for the reasons best known to them. The Sub-Divisional Magistrate of Ropar who had the jurisdiction over the area was on out-station leave, so the District Magistrate sitting in his office at Ropar entrusted the inquiry and inquest proceedings to Sh.Devinder Singh, S.D.M. Kharar. Sh.Devinder Singh, reached Police Station Morinda at about 4 P.M. on 7th February,2001 and behaved in a very hostile manner with the general public. He refused to speak or tell anything to the parents of the deceased or any human right activist. When our team reached the Police Station, Morinda at 8 P.M. the S.D.M. was busy in tampering with the records by fabricating evidence and was hand in glove with the Police officials in the Police Station Morinda. When our team members took his photographs, he tried to hide himself and behaved in a very arrogant fashion. He simply proved to be a tool in the hands of the Local police. On the persistent inquiries by our team members, he agreed to take the parents of the deceased to Civil Hospital, Ropar to show the dead body of the deceased Jaspal Singh. When our team reached Civil Hospital, Ropar alongwith the parents of the deceased at 9 P.M. the S.D.M. inspite of sitting with the parents for more than an hour did not utter even a word of sympathy or consoled the bereaved parents. He also refused to disclose anything about his information gathered in the Police Station during his stay there for more than four hours. He categorically said that he was not told anything about the cause and time of the death of the deceased by the police. When he failed to show the dead body of the deceased to his parents till 10.15 P.M. the team members and the parents of the deceased insisted that the post-mortem and inquest proceedings should be conducted in their presence. At this, the S.D. M. Mr.Devinder Singh told them that they should make an application to him if they want the post-mortem of the dead body. Next day, on the request of the father of the deceased, the inquiry officer was changed from Devinder Singh, S.D.M. Kharar to S.D.M. Ropar as the parents had lost faith in the conduct of Sh.Devinder Singh.

EYE-WITNESS ACCOUNT:

Eye-witness Surmukh Singh, father of the deceased told that his son was picked up by two policemen in uniform alongwith Gurmeet Singh, Sarpanch Jagtar Singh, Surjit Singh and Nirmal Singh at about 9.30 P.M. on 6th February,2001. No arrest memo was prepared nor his or his wife's signatures were obtained on any memo by the police party. They were also not told about the offence for which the victim Jaspal Singh was being taken away. The victim Jaspal Singh was being beaten even in their presence and he was crying loud and high due to the beating. When he resisted the illegal action of the police and tried to prevent the forcible picking up of the victim, he was also beaten and he suffered an injury on his right eye-brow. Later on at about 4 a.m. when he tried to search his son, the S.H.O. and the above named persons in a Police Gypsy threatened him that being a Scheduled Caste person, they have no right to live in the village and they will set him right.

Other eye-witnesses, namely Surinder Kaur and her father Dallan Singh and a head of Village Gurdwara, Bibi Harbhajan Kaur, also narrated the similar account.

MEDICAL EVIDENCE:

The Post mortem examination on the body of the deceased was conducted by a board of doctors constituted by the District Magistrate. Dr. Surjit, MS, Dr. H. N. Sharma, M.S. and Dr. Tarlochan Singh, EMO, Civil Hospital, Ropar were appointed the members of the board. Besides, the father of the deceased, three of his representatives including our two team members, alongwith a Video camera man of the District Administration viewed the post-mortem examination. The whole post-mortem examination was video graphed on the orders of the National Human Rights Commission. The bare examination of the dead body from naked eyes proved beyond doubt that the victim had died due to extensive third degree torture subjected to him in the illegal Police Custody. It clearly showed marks of beating by Patta (leather belt), tying of upside down with rope, and tightening of chest by tying with chains, and beating by wooden sticks, applying of electric shock on legs and other sensitive parts of the body etc. The Post mortem examination described few external injuries which gives ample proof of the death by beating. The viscera of the deceased was sent to Chemical analysis laboratory at Patiala for proper analysis and its report. The opinion of the board of doctors regarding the cause of death is kept deferred till the receipt of report of visera to be sent by Chemical analyst.

FINDINGS :

The investigation team of Lawyers For Human Rights International, visited Morinda and Civil Hospital, Ropar on 7th and 8th February, 2001 and during the course of investigation met about three material witnesses and hundreds of other residents of the area and also saw the dead body of the deceased minutely. Facts disclosed by the eye-witnesses and the relatives of the deceased were also recorded. The still photographs of the entire investigation was prepared and retained with negatives. Joining all the facts and circumstances of the case, the team is of the considered view that : -

1. The present case has exposed the lawlessness prevailing in the police stations in Punjab. It has established beyond doubt that there are a large number of dreaded and barbaric policemen in the Punjab police who considers law unto themselves. They have no fear of law. Senior Police officials tried to protect their erring officials. Especially in the present case, there has been every effort by the Punjab police and District Administration to conceal the facts and help the accused by all means. Even the responsible officers of the District Administration like the Sub-Divisional Magistrate, Kharar appears to have been purchased for the fulfilment of this nefarious objective.

2. The direct involvement of Sub-Inspector Tarlochan Singh, S.H.O. of Police Station Morinda and his policemen and other criminal elements in the commission of murder of the victim, has also been established beyond reasonable doubt. It has also been established by medical evidence that the deceased was brutally beaten and subjected to third degree torture and he could not bear the torture and died of serious external and internal injuries inflicted on his person due to beating by police.

3. Public outcry against the dastardly custodial killing by S.I. Tarlochan Singh and his policemen has undoubtedly proved that many people had also suffered the wrath of the rowdy police force of the District Ropar. Their is a visible annoyance in the eyes of every citizen of Morinda and Saheri which came out in the form of outburst against the custodial killing of deceased Jaspal Singh in the present case. Thousands of people of Village Saheri and adjoining areas including Morinda gheraoed the Police Station, Morinda and blocked the Chandigarh-Ludhiana National highway to express their anguish at the dastardly killing. The entire Morinda sub-Division and adjoining areas witnessed complete Bandh in protest against the killing on 7th and 8th February, 2001.
4. The Sub-Divisional Magistrate, Kharar who was entrusted the inquiry and inquest proceedings into the custodial death of Jaspal Singh tried his level best to help the erring police officials. He left no stone unturned to manipulate the record. He firstly ignored the fact as to whether the police had complied with the Supreme Court guidelines before bringing the deceased to the Police Station. He also failed to see as to whether or not any arrest memo was prepared and whether or not the cause of arrest was been communicated to the victim at the time of picking him up and Whether or not the signatures of the relative or next friend of the deceased was obtained on the arrest memo by the police. He also refused to show the dead body of the deceased to the parents of the deceased on 7th February,2001. But later on due to public presssure, the District Magistrate, transferred the inquiry and inquest proceedings from this S.D.M. to S.D. M. Ropar, because the parents of the deceased had lost faith in the S.D.M. Kharar. The Ropar police is openly shielding the accused Police personnel and other culprits. The Senior Superintendent of Police, Ropar is giving unwarranted statements to save the erring S.H.O. He never claimed that the Police will arrest the culprits within a specific time period, which shows that they know where the accused persons are and every effort is being made to allow them to escape from the law. The people as also the family members of the deceased have lost faith in the Punjab police and no alternative except handing over the investigation to an independent agency like the C.B.I. is left to the State Government, if it is interested in restoring people's faith in the rule of Law.
5. The family of the deceased Jaspal Singh is in a very pitiable condition. Jaspal Singh, who was the elder son with one un-married sister and a handicapped brother, was the sole bread earner of the family and the plight of the family after his death could be well imagined. He was earning Rs.200/- daily while working as helper with a tent store. With his demise, his poor father and younger brother-sister are the worst affected persons. The family has been economically ruined due to the death of the deceased.
6. The role of press media in the entire incident is highly appreciable and they aptly reported the true account of the incident. However, much needs to be done by the media in highlighting the extra-judicial methods adopted by the police in the State which has by now gone un-addressed to some extent.
7. There is a blatant case of gross and deliberate non-compliance of the Supreme Court guidelines in case of arrest as described in the landmark judgment titled " D.K.Basu Vs. State of West Bengal and ors."(AIR 1997 SC 610). No arrest memo was prepared before picking up the victim. Nor any reason for such action was disclosed to him. The Police also did not obtain any signatures of any relative or next friend of the victim on any memo. The Police has also violated the Judgment of Punjab & Haryana High Court, reported in Judicial Reports (Criminal) 1998 Page wherein Mr.Justice R.L.Anand had ordered the removal of all instruments of torture such as Leather belts(Patta), Iron Roller (Ghotana), Shikanja( iron chain), Lathi (Wooden Stick), Electric Battery( electric shock treatment) and other instruments from every Police Station, CIA staff or any other place of detention in Punjab, Haryana and U.T. Chandigarh.

RECOMMENDATIONS:-

1. The investigation into the present case must be handed over to an independent agency like C.B.I. on account of inaction of Punjab police and shady conduct of Senior Police authorities in protecting the culprits including S.H.O. Tarlochan Singh, the main accused in the murder of Jaspal Singh, deceased.
2. The family of the victim must be compensated by paying an ex-gratia compensation of Rs.10 lacs from the State exchequer, besides offering a government job in district administration, because the deceased had been killed in Police Custody.
3. Departmental action must be taken against those policemen of Police Station Morinda who failed to save the victim from further torture and also failed to arrest the culprits after the incident.
4. The property of the culprits must be sealed forthwith and efforts should be made to arrest the culprits.

No political party, whether ruling or opposition in the State has shown courage to share the grief of the villagers except mincing few words of anger against Punjab Police or the State Government. Human Rights organisations and activists have rightly condemned the gruesome incident in strong words. To sum up, no words could express the grief and sorrow of the family of Jaspal Singh, who have lost their elder son in the prime of his youth, for no fault of his. It is urgently required that the State government in order to restore faith of the people in the Administration of justice should order an independent inquiry into the present case preferably by the C.B.I. and should immediately arrest S.H.O. Tarlochan Singh and every person involved in the custodial death and bring them to trial for the murder of Jaspal Singh. Only such action can really heal the wounds of the people, if at all the State government cares for its citizens.

CHANDIGARH (AMAR SINGH CHAHAL)
DATED:10thFebruary,2001 PRESIDENT

(ARUNJEEV SINGH WALIA) (KULBIR SINGH BAINS)
Member Member

(RAVINDER SINGH BASSI) (TEJINDER SINGH SUDAN)
Member Member
(O.P.DABLA) (ARVIND SANDHU)
Member Member

(BHUPINDER SINGH) (ANIL KAUSHIK) Member Member

INVESTIGATION REPORT INTO THE DEATH OF UNDERTRIAL IN CENTRAL JAIL, LUDHIANA ON 2ND MAY, 2001
Conducted by:-

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL
CHAMBER NO.122, DISTT. COURTS, SECTOR 17,CHANDIGARH
PH;0172-709356,746122,723187.FAX:0172-747434
E-MAIL: human@sancharnet.in

Chandigarh
3rd May, 2001

The jail conditions in Punjab have again come to the fore with another case of suicide reported in newspapers on 3rd May, 2001. The Central Jail, Ludhiana has remained in the news since long where more than eight prisoners have died due to various reasons. The latest incident of suicide by an undertrial is another black mole on the conditions prevailing in the jail.

Jeet Singh, son of Lal Singh, resident of Sidhwan Bet in District Ludhiana was arrested under NDPS few days ago and sent to judicial custody only two-three days ago. Alleged to be a drug addict, the undertrial was hale and hearty when brought to the Central Jail, Ludhiana. Suddenly on 2nd May, 2001 at about 2 P.M. he allegedly committed suicide by hanging himself in the toilet of the barrack where he was lodged. The inmates of the barrack accuse the jail administration for not giving him the required medicines which the deceased wanted to get. According to other inmates, he was neither attended to by the jail doctor nor given any medicine, particularly when he had complained of pain in his body. The jail administration while denying this allegation pleaded that the deceased was a habitual drug addict and had demanded drugs from the jail officials and when he could not get the drugs, he committed suicide. They said that since the prisoners are medically examined on Monday and Thursday, the deceased could not be medically examined as he had not reported in the jail hospital in time.

Another startling fact, which is certainly a matter of great concern, if it has any streak of credence, came to our notice that while few undertrial police officials are provided with every kind of luxarious items like wine, women and even mobile phones inside the Central Jail, Ludhiana, many poor prisoners are not even provided proper medical treatment. Their is no regular check-up of prisoners by the jail doctors. Paucity of funds, non-availability of required medicines and free flow of drugs inside the jail, adds to the plight of the prisoners. Many prisoners told that most of the prisoners suffer from sexually transmitted diseases as sodomy and unnatural acts are quite common among the prisoners.

A team of investigators of our body headed by Sh.Shashi Sharma of Jalandhar and Sh.Anil Sharma have opined that the deceased Jeet Singh has died due to the negligence of the jail officials and if his condition was not normal, the jail doctors were required to take special care to avoid any untoward incident. Our body holds the jail officials of Central Jail, Ludhiana responsible for the loss of life of the deceased and demand a high level judicial inquiry into the conditions prevailing in Central Jail, Ludhiana and to fix responsibility on the officials for this lapse and also demand from the State government that an interim compensation should be paid to the next of the kin of the deceased.

Chandigarh ( Navkiran Singh )
Dated:3rd May, 2001 General Secretary

INVESTIGATION REPORT INTO POLICE HIGHHANDEDNESS WITH AN ADVOCATE COUPLE
CHANDIGARH
AUGUST 8, 2000

The image of Punjab police has suffered yet another blow and have once again proved to be the most rowdy, indisciplined and inhuman force in the country, if the incident of thrashing a Lawyer couple of Chandigarh is any indication.

Victim, Lakhwinder Singh Sidhu and his wife Manpreet Kaur are Chandigarh based, practising lawyers and members of Punjab & Haryana High Court, Chandigarh.

On 5th August, 2000, Lakhwinder Singh and his wife Manpreet Kaur were coming in their car No.PB-23B-2755 from Fatehgarh Sahib towards Chandigarh in the evening. One Contessa Car with Red light atop, belonging to some VIP followed by a Punjab Police escort Gypsy bearing No.PB-12B-________ were also coming on the same route. When the car of Mr.Singh reached the one way main road near Sector 70 of Mohali in Distt.Ropar, at about 7. 55 P.M., the car of the VIP and the escort Gypsy slowed down. Mr. Lakhwinder Singh, who was himself driving the car decided to overtake his car from the right side of the escort Gypsy and sought side from the driver of the Gypsy. On getting the side, he drove a bit fast and his car splashed some drops of muddy water stagnanting in a small pit in the road, on the Policemen sitting in the escort Gypsy. Furiated over the spoiling of their uniform, the six Policemen sitting in the escort Gypsy, overtook the car and stopped it near the Light Point of Phase IX, Mohali and without any provocation dragged the Lawyer from his car and manhandled him. They hurled filthy abuses and one Policemen even gave a blow of the Butt of his gun on the back of the lawyer. He even expressed apology for the splashing of the water upon the Policemen by his car and said that it was wholly unintentional as he did not see the pit on the road. But all his pleadings did not convinced the rowdy Policemen and they continued beating him for more than fifteen minutes. Many passers by who had by that time come to the rescue of the Lawyer and even his wife were not spared by the Policemen,who appeared to be under the influence of liquor from what the victim understood from their language. All this happened when the VIP in the contessa car remained sitting inside and did not intervene to stop the Police highandedness. The Lawyer suffered serious bodily bruises and internal injuries,besides mental agony and frustration for getting beaten without any fault.

Aggrieved at the unprovoked assault by the men in uniform, the victim drove straight to a nearby Police Station, Phase VIII, SAS Nagar,Mohali and made a written complaint to the S.H.O. on 5th August, 2000 at about 8.20 P.M. But instead of registering the First Information Report, the Policemen at the Police Station failed to take any action against the culprits, probably because the accused belonged to their own force. Interestingly, few Policemen at the Police Station offered to bring the culprits before him within few minutes, if he is willing to compromise and not to raise this issue, but when the lawyer refused to compromise with the accused Policemen, he was told to go home and wait for some days enabling the police to hold investigations and thereafter some action would be taken.

Till date, no steps have been taken to even identify the accused Policemen even though the number of the Police Escort Gypsy was given to the Police and the occupants of the Gypsy could be easily traced from the records of Additional Director-General of Police(Security)Punjab under whose orders the security is provided to every VIP in the State. Senior District Police authorities when contacted expressed their ignorance about the incident and said that they will look into it, if brought to their notice.

The victim Lawyer has written to the Chief Justice of Punjab & Haryana, President of Punjab & Haryana High Court Bar Association, Director-General of Punjab Police, Senior Superintendent of Police Ropar seeking their intervention in getting the accused Policemen brought to books.

(ARUNJEEV SINGH WALIA)
Advocate
Investigating Officer

DEATH PENALTY-AN AFFRONT TO HUMAN DIGNITY

The Indian Constitution protects the right to life enshrined in Article 21, but for long the death penalty is being awarded by the Law courts unaware of the trauma and mental torture every awardee undergoes till he is executed. Even Section 302 of Indian Penal Code provides for punishment upto death to the convict. In 1999 the Union government proposed for extending the death penalty for the crime of rape--- a proposal that drew country wide criticism. Although the apex Law Court of India, Supreme Court of India has held on many occasions that death penalty can only be awarded in the "rarest of rare cases", yet the number of persons being brought in this category is indeed depressing. The apex court falling prey to its human tendencies have, in many cases, extended the limitation of "rarest of rare case" and awarded the most inhuman punishment of death penalty even to such cases where only one political leader was killed, but took a lenient view in cases where many persons of a particular religious community were burnt alive in riots case and commuted the death sentence to that of life imprisonment.

On the one hand, we worship the father of the nation, Mahatama Gandhi for his principle of ahimsa, but on the other hand, have simply forgotten that he gave us the golden rule of humanity, "Hate the sin, not the sinner !" When we hear about a murderer, rarely do we understand what drove him to murder; more often we wish to kill him. The feeling toward a murderer, which drives us to champion execution, is identical to the wish for revenge the murderer feels for what he believes to be the horrendous injustice in his life. We feel as murderous towards him as he do toward those he had killed. This makes a murderer, if he is imprisoned, even more murderous. Just as the murderer's murder accomplishes nothing, so too the death penalty has not in any way succeeded in preventing crime.

In plain words, if I have to define the curse of death penalty, I would say, it is a murder by the State. It certainly adds judicial murders to social murders. No Law or custom, for that matter can justify the uncivilized rule--- Blood for Blood ! Any country which still carry out such punishment are condemned as medieval. If a pre-meditated,planned murder shocks us for its cold-blooded cruelty, because of its intentional taking awy of someone's life which can never be given back. Is not judicial execution more shocking-since it is the most pre-meditated,planned and cold blooded taking of life than can ever be ? Any Law or judicial pronouncement which justifies the awarding of death sentence must and should be condemned and society's role in opposing such act takes the center stage. Each member of the intelligensia must come forward and express their concern that death penalty is not only contrary to justice, but also contrary to the law as well. It needs to be borne in mind that in one case the Supreme Court says that a sentence of death should not be given as a rule but only in exceptional cases and in another case, it does not feel hesitant to treat it as an exceptional case, without applying its mind toward the human psychology, his feelings and emotions. In the case of Kehar Singh and Satwant Singh, the alleged assassin of the former Prime Minister Indira Gandhi, the Supreme Court became a party to the political vendetta or social hysteria and saw the two accused as enemy of the deceased leader of the country and without any whims or reason ordered them to be hanged till death ! Many in India feel that Kehar Singh, and Satwant Singh were wrongly convicted and hanged. A day may come when the Supreme Court too regrets its confirmation of Kehar Singh's death sentence. But can it then give back Kehar Singh his life ? Why then persist with this pretence of infallibility which is assumed by the courts when they sentence people to death ? Be it as it may, but why did they decide to distinguish the same crime if committed by Kishori, the person who burnt alive four members of a Sikh family in the anti-sikh riots in New Delhi, and commuted his death sentence to that of life imprisonment. Was the life of those four sikhs less valuable than that of Indira Gandhi ? If the dastardly act of burning alive four innocent people can be brought out of the category of "rarest of rare case" as they call it, Why can't the apex court take such a view in all cases of murder ? A sane penal system must look at these conditions rather than to increase the weight of punishment to reduce the incidence of crime. The policy adopted by the Law courts in the country have brutalise the judicial system solving the problem of crime.

One thing we all must bear in mind that no punishment can act as a deterrent for the criminal. With the passage of time, it has been shown that the deterrent theory is not only outdated but without basis in a civilized society like ours. Had the punishment of death a deterrent, then the number of murders and serious crimes ought to have come down. Yet such number have not come down. To the contrary it is on the rise. Further, if justice means redressal of a wrong and not revenge, can the taking of a life be the answer for taking another's life ? Deterrence also means,"setting an example" so that others will not repeat the same crime. Is that ethically justifiable ? If A has commited a crime, he must be punished for that crime. But is it permissible to punish X so as to set an example that will deter Y or Z from commiting a similar crime in the future ? How can justice hold me responsible for what others may choose to do tomorrow ? Thus, the deterrence function of death penalty is surely not an argument in its favor. In fact, it is wholly unjust to regard a criminal as a born inhuman. The propounders of reformist theory have a solid argument. It is possible that by keeping a person alive and his conscience haunting him every minute of the wrong done by him, he can be cured and his criminal state of mind is reformed enabling him to become a law-abiding citizen and lead a normal life. But killing a human being in a most gruesome fashion in public gaze, lower our eyes in shame, every time a human being is hanged. To think otherwise, is only to brutalize the system of justice, which should be humane and never brutal.

To conclude, I must say that we Indians love to regard ourselves as the most civilized country in the world in terms of humane and spiritual values. Can then we continue to hang people in the name of justice when nearly a quarter of the world has already stopped doing so ? So, for the sake of civilization, we all must strive for doing away of death penalty from the Statute books, leaving life imprisonment as the maximum punishment for any crime. Let KARUNA always prevail upon every Judge while awarding sentence to the accused.

NAVKIRAN SINGH
GENERAL SECRETARY
LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

CASE HISTORY OF CUSTODIAL DEATH OF SARABJEET SINGH ALIAS SURJIT SINGH OF VALTOHA, DISTT.AMRITSAR

On Ist November, 1993, a news report, " killed once, twice....." was published in The Tribune, published from Chandigarh wherein Surjit Singh alias Sarabjeet Singh of Valtoha was shown killed twice. The Supreme Court took suo moto notice of the news item and ordered a CBI inquiry on I.11.1993. The C.B.I. inquiry held that Sarabjeet Singh alias Surjit Singh, a young boy of Village Valtoha in Amritsar district was picked up by a police party comprising Sub-Inspector Sita Ram, head constable Harjinder Singh, Constable Punjab Singh and Constable Manohar Singh on 30th October, 1993 from his house. He was badly tortured in there after shot, illegal custody and his condition became serious. The policemen thought him dead. They brought him to Civil Hospital, Patti, district Amritsar at about 9 P.M.on 30.10.1993 for a postmortem examination. But the doctors found him alive at the postmortem table. He was immediately administered glucose and he gained consciousness. His parents at Valtoha were informed about his well being by the doctors. But as soon as the news reached the police officers who had brought him, they informed Sub-Inspector Sita Ram who rushed back to the hospital, forcibly took away Surjit Singh and after few minutes brought his dead body for the post mortem. Incidently, two lawyers of Amritsar, Mahabir Singh Gill and Surinder Pal Singh Ghariala witnessed the whole sordid event and reported the matter to Satya Pal Dang, a veteran CPI leader who brought this matter in the press. On the orders of the Supreme Court, the CBI brought the four police officers to trial for abduction, torture and murder of Surjit Singh in the Court of Additional Sessions Judge, Amritsar.

After trying the four police officers for more than four years, the court of Sh.Jora Singh, Additional Sessions Judge, Amritsar finally held Sub-Inspector Sita Ram guilty of murder under Section 302 IPC and sentenced him to life imprisonment and fine of Rs.2000. He was sentenced to another 10 years of rigorous imprisonment under Section 364 IPC (abduction) with fine of Rs.2000. His three accomplices were however let off by the court vide his order dated 18.5.1997.

(ARUNJEEV SINGH WALIA)

CASE HISTORY OF FAKE ENCOUNTER OF A COUPLE IN TILJALA, CALCUTTA

On May 17, 1993, a team of senior police officers led by the then SP Bathinda, S.K. Singh alongwith DSP Sukhdev Singh Chahal, Head Constable Ram Dayal(who was later promoted as ASI), promotee head constable Sukhjivan Singh and promoted Cosntable Darshan Singh went to Calcullta without the knowledge of the West Bengal government and raided a flat in Tiljala locality in the wee hours and dragged out a couple, Mohammad Bashir Ahmad alias Lachmi Singh and his wife Sakina Begum alias Renuka, shot them at point blank range and took away their bodies. The bodies were not recovered. It was alleged that the deceased Lachmi Singh was a Punjab police deserter. The Calcutta police on coming to know of this dastardly act immediately intervened and the whole team of Punjab police was detained by the Police. It was indeed a matter of concern for the KPS Gill on whose orders the cold blooded murders were committed. The then Chief Minister Beant Singh had to assure Jyoti Basu, Chief Minister of West Bengal that in future no policeman from Punjab would step into their territory without informing the local police, before the team was allowed to go.

After few days in May,1993 a public spirited advocate of Delhi, Mr. B.L.Wadhera filed a Public Interest Litigation in the Supreme Court bringing to its notice the gory killings. The bench of Supreme Court headed by Justice A.H.Ahmadi ordered a C.B.I. probe into the incident. It also observed that : " If the facts are ultimately established, it would reveal that human life has no value to the men in uniform." On April 17,1994 the CBI submitted its report on the basis of which the apex court ordered the prosecution of five Punjab police officers named above. On May 2, 1994 the same bench directed the Punjab government to decide the sanction application for prosecution of the five officers moved by the CBI within 15 days.

The Court of Sessions Judge, Calcutta finally proved justified the observation of the Supreme Court by convicting the five police officers and sentencing them to life imprisonment in May, 2000.

(ARUNJEEV SINGH WALIA)

INVESTIGATION REPORT OF FORCED DISAPPEARANCE OF A SIKH YOUTH SARWAN SINGH OF GURDASPUR AND JUDICIAL EXCESSES

Chandigarh.
15.9.2000

The situation in Punjab during the peak of State repression under the command of K.P.S. Gill can be well imagined by hearing the case of the disappearance of Sarwan Singh, son of Gurcharan Singh, resident of Village Ladhupur, P.S. Kahnuwan, Distt.Gurdaspur, Punjab which is an eye-opener with regard to the extra-judicial powers exercised by Punjab Police and Judicial indifference resulting in grave mis-carriage of justice.

Sarwan Singh, son of Gurcharan Singh, aged 31 years, resident of Village Ladhupur, P.S. Kahnuwan, Distt. Gurdaspur, Punjab was a matric pass Sikh youth. He was the younger son of his family consisting of two brothers and two sisters. He was married and had two children, one 9 and another 11 years old. He was carrying on the business of Commission agent, besides running a small workshop and contributing in the family business of diary farming. In June, 1991, he filled his nomination papers as Independent Candidate for the Kahnuwan assembly segement, but could not contest the elections as the Central Government postponed the elections in 1991.

Except that he was a religious minded Sikh and a known political activist in the area, he had no involvement in any criminal or terrorist activities nor had any links with alleged terrorists in Punjab. On 22.7.1991, he was arrested by Punjab Police and falsely implicated in a criminal case Under Section 384/34 of I.P.C. and ¾ TADA Act after a long illegal detention, on 8.8.1991. He was later bailed out by the Court in February, 1992.

Another false Criminal case was registered against him under Section 302 IPC in January, 1993. But since he had absconded due to fear of Police excesses, his relatives and even father was picked up and harassed for making him surrender before the Police. Ultimately, the victim Sarwan Singh, surrendered before D.R. Bhatti, the then Inspector General of Police, Border Range on 31.1.1993 in the presence of his father, brother, Sarpanch Raghbir Singh and Rattan Singh, Panchayat member, besides Shiv Kanwar Singh Sandhu, a political leader of the area. The I.G. had repeatedly assured the family members about the safety of Sarwan Singh .

On 1st February, 1993, the brother of Sarwan Singh, namely Bakhtawar Singh, a Head Constable in Delhi Police alongwith his father and Panchayat members met him in Police Station, Sadar. His condition was very bad at that time, due to brutal torture subjected to the victim. He could barely stand on his feet and was unable to talk or eat anything, there were many marks of external as well as internal injuries all over his body. Sarwan Singh told his relatives that the Station House Officer, Sub-Inspector Prabhdev Singh, Sub-Inspector Malkiat Singh of P.S. Dorangla, besides Gurdial Singh Dhillon, Superintendent of Police (Detective) and Sub-Inspector Mohinder Singh, alongwith other police officials of C.I.A. Staff. had been subjecting inhuman torture upon him all the night. After all the relatives were made to leave the Police Station, after his interview, the victim was shifted to C.I.A. Staff, Dorangla at about 7 P.M. on 1.2.1993. After few minutes S.P. Gurdial Singh Dhillon, SHO Prabhdev Singh, S.I. Malkiat Singh also went inside the C.I.A. Staff premises. They came out at about 8 P.M. and the brother of the victim, Bakhtawar Singh heard them talking that although Sarwan Singh was proclaiming himself to be a big terrorist, but he could not bear even a single interrogation and died. Gurdial Singh Dhillon also instructed his subordinates to remove the dead body of Sarwan Singh. While the dead body of the victim was taken out from the C.I.A. Staff premises, his brother Bakhtawar Singh and father Gurcharan Singh stood infront of the Police vehicle and saw his brother lying dead in the vehicle. On their persistent inquiries, they were told that Sarwan Singh has become serious and he is being taken to Civil Hospital for medical treatment. All the relatives of the victim went to Civil Hospital, Gurdaspur, but failed to locate him, because he was never taken there.

The entire family was shocked to read in the next day newspapers of 3rd February, 1993 that Sarwan Singh had escaped from the Police Custody while being taken for the recovery of weapons. When contacted by the family members, D.R. Bhatti, I.G. Border Range expressed sorry and said that inspite of his clear instructions, his junior officers had made a mistake by eliminating the victim without his knowledge. All the efforts of the relatives and friends of the victim to know more about the tragic incident, failed because of volatile behavior of the police officials. When even several representations to the Senior Police and Civil officers bore no fruit, the wife of the victim with the aid of a human right organisation, Human Rights Trust, Delhi through its Chairman, T.S.Ahuja filed a Criminal Writ of Habeas Corpus in the Supreme Court of India in 1995.

POLICE STAND IN SUPREME COURT;

According to an F.I.R. registered in Police Station Dorangla, Distt. Gurdaspur on 1.2.1993 in the case, and produced before the Supreme Court of India, it has been stated that " one Sub-Inspector Malkiat Singh of C.I.A. Staff, Dorangla was interrogating Sarwan Singh, victim in the case F.I.R.No.35, Under Sections 302/307/148/149/427 IPC,25/27/54/59 Arms Act and Section ¾ TADA Act,4/5 Explosives Act, Police Station Kahnuwan. At that time, the accused (Sarwan Singh) made a disclosure statement that he had got some arms and ammunition which were brought from Pakistan and which were kept in the sack and hidden under Tusli plant, near Bridge Nemni, ahead of village Gallari and that this information is known only to him and he can get it recovered. After that a team of C.I.A. Staff comprising more than a dozen policemen went alongwith the accused for the recovery of arms and ammunition and when the Police party passed through village Sadea ahead on road near ecuplytus trees at about 10 P.M. ¾ extremists with the intention to kill, started firing on the police party and the police party also started firing in self defence for more than one hour. In he cross firing, accused Swaran Singh got away from the vehicle and ran away. After the firing stopped, the Police tried to search the accused, but he had been taken away by the attackers, leaving behind huge ammunition live and spent were recovered from the spot. Since the extremists had attacked the Police party with the intention to kill and were successful in taking away accused Sarwan Singh, therefore another offence under Section 307/224/225/31 IPC.25/54/59 Arms Act,3/4 TADA Act is committed and a seperate F.I.R. has been registered against the accused and his accomplices."

PROCEEDINGS BEFORE THE SUPREME COURT;-

In the Supreme Court, the Punjab Police in order to cover up the gravest form of human rights violation, submitted one affidavit after another to controvert the affidavits of the relatives of the victim Sarwan Singh. Ultimately, when more than three affidavits each of Gurdial Singh Dhillon, S.P.(Detective) and few other policemen with different set of statements were filed in the Supreme Court, the Court was pleased to note the flaws and contradictions in the affidavits of the police officials regarding the occurrence, and ordered vide order dated 28th February, 1997 that
" In the present proceedings the petitioner contended that Sarwan Singh was missing because he was in the wrongful confinement of the respondents and had subsequently been killed. Whereas the respondents contended that Sarwan Singh was killed when he crossed the border and went into the Pakistan territory and was fired upon by the Pakistan rangers and killed. The fact that Sarwan Singh is no more is now not disputed. The short question is whether he was killed by the respondents as alleged or by the Pakistan Rangers as contended by the respondents. Before the Court can go into the question of grant of compensation it must satisfy itself that Sarwan Singh had been killed by the respondents while he was in their custody. This satisfaction must be based on cogent material and we, therefore, think it appropriate to direct the District Judge of the area in question to inquire into the matter and submit a report to this Court. The papers will be transmitted to the Registrar of the High Court who in turn after obtaining instructions from the Learned Chief Justice of the High Court will forward the papers to the District Judge for inquiry and report to this Court. After the report is received, based on the findings recorded therein, this Court will proceed to consider the question of grant of compensation. As the matter is pending since sometime, we would like the District Judge to forward the report as early as possible but not later than six months from today."

After examining as many as six complainants witnesses and 24 defence witnesses, the District Judge,Gurdaspur, Sh.Gurdev Singh, formed his report and submitted it to the Supreme Court of India on 28.2.1998 in a sealed cover. The three judge bench of the Supreme Court comprising Chief Justice M.M. Punchhi, Mr.Justice K.T. Thomas and Mr. Justice D.P. Wadhwa after opening the sealed report of District Judge, rejected each and every contention of the counsel for the victim's relatives and from the starting of the proceedings behaved as if it had already made its mind to dismiss the petition. Ultimately, the Court dismissed the Petition vide the following order:-

THE ORDER : -

" The District Judge, Gurdaspur has sent his report dated 28th February, 1998 in a sealed cover. We have opened the seals and have gone through the Report. In his concluding paragraph the District Judge has not recorded any positive finding that the respondents had killed Sarwan Singh. The basis for grant of compensation could, if at all, only be if the Court were to be satisfied that Sarwan Singh had been killed by the respondents while he was in their custody. The term " respondents" imply herein the officers concerned in the episode, not the respondents pleaded, who are the State of Punjab and the SHO, Police Station, Dorangla, District Gurdaspur, by designation. Rather the primary question posed was whether Sarwan Singh was killed by the respondents as allged by the petitioners or by the Pakistan Rangers as alleged by the respondents. That question has solicited the answer as mentioned before. We, therefore, cannot proceed to grant any compensation to the claimants in these proceedings under Article 32 of the Constitution. They are accordingly, put to rest.Report be put back in sealed cover."

(ARUNJEEV SINGH WALIA)
ADVOCATE

ARTICLES ON VARIOUS HUMAN RIGHTS ISSUES
ARTICLE-1

A force without a soul

Arunjeev Singh Walia

Repeated incidents of Custody deaths in Punjab have not only brought the common masses to the street against the inhuman torture techniques adopted by the police, but has also highlighted the role of law enforcing agencies in checking such heinous crime against the humanity. The tall claims of the State government of restoration of rule of law have proved a farce with custodial crime becoming an order of the day. Policemen still consider themselves above the law. They have no fear of law or the Court. They know that they will be exonerated in the name of national security or maintenance of law and order. Their mindset is the same as it was during the earlier days of State terrorism. Their actions are the same. Rather, their authority have become more powerful with no action against their illegal actions. Under these circumstances, can any saner element boast of Punjab's situation as peaceful?

During the dark days of State brutality in Punjab at its helm, people were less afraid of the satan than of a policeman. It was this fear and frustration, which routed the inhuman Congress government and offered an opportunity to the largest Sikh political party in the state, Shromani Akali Dal to end the Police Raj and establish rule of law. But even after four years of the so-called popular rule in the State, the situation has not changed a wee bit. When more than seventy people have lost their lives in Police custody since the Akali government came into power, it would be great folly to call it a State ruled by law? Where the government is under bounden duty to protect the life and liberty of every citizen, loss of even a single life in Police Custody certainly casts a blur on the government, lest every organ of justice delivery system should bow down in shame. The moot question that arises is that how the situation has been mis-handled that it has became so serious that every person is feeling insecure and prone to police brutality? Is it not a failure of the government where the police force has turned man-eater and the courts and the elected representatives of the people have closed its eyes and ears? The answer to all these questions must be emphatically "betrayal of the oath".

It is an abysmal state of affairs in Punjab. Not only the government has failed to check its brutal force, but the judiciary or the human rights agencies have miserably failed to show its existence. It seems to be a matter of the past now that the judges were moved on reading the heart rending news of torture deaths in the morning day newspaper and took suo-moto cognizance of the matter. They also do not feel concerned today on learning that innocent people are being killed like animals. One wonders if they would feel disturbed on hearing the wails of torture victims in the Police stations in Punjab. Every Court granting police remand of a suspect fully knows that he is going to be given inhuman third degree treatment. It is their folly to believe that only third degree treatment could extract the truth from the suspect. It is no secret that the first thing a policeman does with the suspect in police remand is to give good bashing and then tell his fault. The title page of this book clearly exhibits the mindset of the police force in the state even today.

The study of recent cases of people being killed in Police custody and in the prisons have given a clear message that whosoever is taken into custody by police is sure to loose his life, lest he is too hard to bear the police torture, no matter, whether he is innocent or too poor to bribe the policemen. Punjab Police, known for its fake encounters, custodial deaths and other heinous crimes, received a big blow when the encounter theory of killing a youth, Kashmir Singh of Pandori Rukman in Hoshiarpur district on 14th March, 1997 came out to be a cold blooded murder. Even the Sessions Court, Hoshiarpur convicted the police party and sentenced them to life imprisonment for the offence of murder. National Human Rights Commission, also awarded a compensation of Rupees five lacs to the next of kin of the deceased. Similarly, the tale of torture methods described by the brother of Devinder Singh alias Bhola, a youth of village Hassanpur in Ropar district who was tortured to death on September 18, 1999 shook the state with grief. The accused policemen have recently been sentenced to life imprisonment for the custodial death. Many victims of police brutality have even gone un-noticed. What was the fault of Iqbal Singh of Jaitu in Faridkot when he was picked up by the Muktsar police on January 5,2001 and was so badly tortured that he died in the lock-up? But the police is so hardened liar that it claimed that the victim had committed suicide by hanging himself in the bathroom of the lock-up. Similar story was cooked up by the Police in the case of Surinder Pal who died in Police Station Dasuya in District Hoshiarpur on 7th January, 2001. The same day Avtar Singh, a youth of Ludhiana was shot dead by a militant turned Police Inspector Gurmeet Singh Pinky in Ludhiana because he objected to their drinking session at a public place. Is the life of these victims so valueless that the State government or the Police authorities could not afford to pay ex-gratia compensation to the next of the kin of the deceased killed by the Policemen ? The tragedy does not end here. Exactly a month later in 2001, Jaspal Singh, a 17 year old Dalit youth of Village Saheri in District Ropar fell to the torture methods of Punjab police and died in Police Station Morinda on 7th February, 2001. To add insult to the injury, every organ of administration including the civil and police administration in the district tried their level best to save their policemen who were responsible for the tragic death. The courts also showed little concern at this dastardly act. Another dalit youth, Madan Lal of Kapurthala was tortured to death in Police Station Kapurthala on 15th February, 2001.

One thing quite similar in all these incidents was that the police authorities and district administration failed to take necessary action against the guilty persons, unless the masses came to the street and protested by laying road blockade, dharna and even gherao the police station. In other words, the public outcries and street protests played an important role for forcing the authorities to take strict action against the erring cops.

BRIEF DESCRIPTION OF THE BOOK"GENESIS OF STATE TERRORISM IN PUNJAB" PUBLISHED BY LAWYERS FOR HUMAN RIGHTS INTERNATIONAL AND RELEASED ON 14TH JULY, 2001:-

"GENESIS OF STATE TERRORISM IN PUNJAB" , as its title speaks, describes the role of every organ of the administration in blowing to winds all laws and rules of the land and suppressing the fundamental right to life of its subjects. More particularly, it speaks volume of the unlawful and barbaric acts of Punjab Police and their modus operandi in committing excesses on innocent people in the name of fighting a proxy war against the militants. Divided into nine chapters of different topics which are inter-related with each other in the context of human rights situation in Punjab, the work is deeply influenced by the tales of excesses committed upon the people by the State agencies. It is the outcome of hard labour of few dedicated and committed members of our organisation led by its President, Amar Singh Chahal, and the work for compiling this book begun in 1991 and is continuing till date. It is the first among the many commitments of the organisation in undertaking action to undo the wrong done to the victims and try to heal the wounds left unattended by the present government.

While describing in so many words, the gory tales of human rights violations committed by various state agencies, including Police, bureaucracy, politicians and judiciary, during the period 1984 till 2001, the book has deliberately and intentionally left the issue of human rights violations committed by the armed groups during the same period, for the reason that State terrorism cannot take the place of individual terrorism and there could be no excuse for condoning the acts of omission and commission of crimes of unprecedented magnitude committed by the men in uniform that was duty bound to protect the lives of the people. Incidently, there are many books highlighting atrocities committed by armed groups (militants) and role of politicians in making the situation worse, there was no book daring to raise the issue of Police brutality in Punjab.

Chapter I and II of the book are historical in nature and gives brief information about the Sikh religion. Chapter III is the main part of the book. It explains the policies of the State government and Punjab Police, both hidden and publicly declared in the so-called fight against the militants. Chapter III also provides, details of the manner and circumstances in which thousands of people were killed by the police. In Chapter IV and Chapter IX, the authors have criticised the State government and their political actions and its failure to check human rights abuses and heal the wounds of the victims, inflicted during the decade long turmoil. In Chapter V, an attempt has been made to truly describe, the sorry state of judiciary in Punjab during those dark days. It would be a great folly to deny that judicial inaction is more heinous than the police excesses. The organ which the people trusted the most and approached it time and again to get justice, awfully acted in a very insensitive and indifferent manner that blood stained justice was being delivered every day and murder of justice was a normal occurrence in the court room. There is no desirable change even today. It is not our intention to make any derogatory remark against the judicial system, but the realities of functioning of the judiciary in this behalf cannot be ignored because the history will not forgive us, if such a blunt reality is not brought before the public. Chapter VI is the most fair criticism of the state sponsored human rights organ. It truly depicts the sorry state of affairs in the Punjab State Human Rights Commission. Even during the four years of its existence, the commission has not been able to deliver goods to the victims and that is why the people have lost faith in the commission and they would not approach it for redressal of their grievances. It would be too painful if it happens. Chapter VII narrates the events leading to the formation and putting curbs on the first ever Constitution of People's Commission on Human Rights Violations in Punjab.

The book also has two annexures. Appendix-I contains a list of 839 victims who lost their lives at the hands of Punjab police, majority of them branded as un-identified terrorist and few shown disappeared and remaining untraced. Appendix-II carries a list of people killed in Custody in Punjab during the tenure of SAD-BJP Government from 1997 till June, 2001 which leaves no room to doubt that the State is still not ruled by the representative of the people, but by the Punjab Police that is notorious for its barbaric and inhuman acts.

The only message given and the purpose of publishing this book is to document cases of police brutality and to prepare a list of all victims killed by the Punjab Police during the period 1984 - 1996 and onwards, upto date. However, the work has remained inconclusive due to various reasons. We wish that the message we have tried to convey may be spread all over. Fair comments or criticism on the facts and thoughts mentioned therein are most welcome. We hereby give a clarion call to the champions of human rights to come forward and promote the cause of human rights without fear or favour.

(AMAR SINGH CHAHAL)
PRESIDENT

BRIEF BIO-DATA OF CO-AUTHOR, ARUNJEEV SINGH WALIA

Name : ARUNJEEV SINGH WALIA
Father's Name : HARKIRAT SINGH WALIA
Age : 32 years
Male/ Female : Male
Marital Status : Bachelor
Religion : Sikh
Nationality : Indian
Address : C-25, All India Radio Colony, Sec.42-C,
Chandigarh.160036

Phone : 0172-723187, 0172- 667581, 01762-51398

Educational Qualification : 1. Postgraduate in Law ( L.L.B.)three year degree course 2. Diploma in Computer applications
Occupation : Practicing Advocate of Punjab & Haryana High
Court, Chandigarh, since 1991.

Field of Expertise : 1. Human Rights Promotion Laws
2. Consumer Protection Laws
3. Criminal Laws

Experience : 1. Eight years experience as a Practising Advocate
of Punjab & Haryana High Court, Chandigarh
in Criminal Law and human rights protection ;

2. Participated in human rights workshops
organized by Amnesty International in India ;

3. Held many fact-finding field investigations into
the cases of human rights violations ;

4.Filed many Public Interest Litigation in different
Law courts on various issues of human rights
and social reforms in the society

5.Remained associated with Punjab State Human
Rights Commission, Chandigarh for the last
three years and succeeded in getting
compensations for the victims of Custodial
deaths, Police highhandedness and other issues
of human rights violations.

EXPERIENCE:

Have practical experience of more than eight years as an Advocate in High Court of Punjab & Haryana and Subordinate Courts at Chandigarh and at different districts of Punjab;
Worked for two years with Amar Singh Chahal, a known human rights lawyer in Chandigarh and also with Navkiran Singh, General Secretary, Lawyers For Human Rights International. Besides learning criminal law, he learnt to investigate cases of police torture and providing free legal aid to the poor and indigent prisoners. He also visited numerous jails in Punjab and prepared investigation reports highlighting different problems faced by the prisoners such as overcrowding of prisons, non-payment of wages, bad quality of food and lack of proper medical care to the needy prisoners. He has filed as many as ten Civil Writ Petitions in the High Court on different issues of human rights. For instance, speedy trials, overcrowding of jails, discrimination between influential and poor prisoners, highlighting corruption in jails and seeking a judicial inquiry into killing of innocent villagers in Punjab at the hands of Punjab police few days ago. He is the Public Relations officer of the Lawyers For Human Rights International since 1992. He provides free legal aid to many poor and indigent under-trials in the subordinate courts at Chandigarh and prepared as many as fifty reports on the plight of the under-trials at the hands of the Chandigarh and Punjab Police. He has also participated in the field investigation of many cases of Custodial deaths in Punjab and prepared detailed investigation reports on behalf of the body. He has also played a role in the successful conduct of the three day Court proceedings of the "PEOPLE'S COMMISSION ON HUMAN RIGHTS VIOLATIONS IN PUNJAB" from 8th to 10th August, 1998 and placed ten cases of the victims of Police violence before the three member bench of the People's Commission;

Has also documented the events which led to the formation of the People's Commission, its functioning and impact on the political situation in the State in the form of a comprehensive book, titled " PEOPLE'S COMMISION-WHY AND FOR WHAT ? " He has written another book on State repression in Punjab during 1984-1995, titled " Genesis of State Terrorism in Punjab" which was released on 14th July, 2001 in Chandigarh. He remained associated with the Punjab State Human Rights Commission, Chandigarh ever since its constitution in March, 1997.

Filed and pleaded as many as fifty complaints before the Commission, relating to custodial deaths, illegal detentions, police highandedness, lack of education facilities and lack of proper medical care to the patients in govt. hospitals in Punjab, besides lack of supply of essential commodities to the poor rural population of the area by the fair price shops in Punjab.

Typing being an integral part of the legal profession, he owns a manual typewriter and a Pentium III Computer which he operates single-handed. He has good command over English, Punjabi and Hindi languages. He also have indepth knowledge of various international covenants and conventions including the magna carta of Universal Declaration of Human Rights. He has thorough knowledge of old and latest case law on different issues of human rights such as free legal aid, speedy trials, custodial torture, prison reforms, custodial deaths, breach of fundamental rights, handcuffing, solitary confinement and other issues of public importance.

He is also the General Secretary of a govt. registered N.G.O. Lawyers For Social Reforms, Chandigarh since 1995. As a part of this organisation, he has filed as many as sixty eight Public Interest Litigations on different topics of public importance including environment pollution, corruption by public bodies, violations of human rights of citizens by Police. He has a fully equipped and well maintained office and library of law books as well as literature on different issues of human rights protection. He regularly prepares investigation reports and write-ups on different issues of human rights violations. He has authored two booklets on the lackadaisical functioning of the Punjab State Human Rights Commission, Chandigarh. He has established formal contacts with different political leaders of Punjab and Senior officers of Administration. Participating and delivering lectures in Seminars, workshops and human rights meetings has been a source of knowledge and training for him. He had also participated in the first three-day workshop organized by Amnesty International in Jaipur (India) from 18th to 20th May, 1999.

On 10th December, 1999, on behalf of the Lawyers For Social Reforms, Chandigarh, he organized a function to mark the World Human Rights Day in Chandigarh and introduced a novel method to highlight the cases of police highhandedness by announcing awards for the corrupt, cruel and inhuman police officers of Punjab Police. The awards in the form of instruments of torture such as leather belt(Patta), Iron roller(Ghotana), Chain-pulley(Shikanja),bottle of liquor and many other instruments of torture were announced in the name of a dozen of serving and retired police officers of Punjab police.

EDUCATION, TRAINING AND TECHNICAL SKILLS:-

Mr.Arunjeev Singh Walia, is a Criminal Lawyer by profession. During his training in human rights law under Amar Singh Chahal, a known human rights lawyer of Chandigarh in the subordinate Courts at Chandigarh from 1991 to 1993 and one and a half year with Navkiran Singh, another human rights lawyer in Punjab & Haryana High Court, Chandigarh, he learnt how to investigate the cases of human rights violations and prepare detailed investigation reports, obtain medical evidence and take police version and bring all facts before the public. He also studied in detail regarding the nexus between the police and the doctors in concealing cases of police torture whenever human rights organizations highlighted police excesses. He also has knowledge of the latest law which recognizes the rights of the suspects and the lawyer's role in defending the victim of human rights violation. As an active member of a known human rights organization, he has been involved in the process of making representations and leading delegations to meet Senior Police and civil officers to seek justice for the victims of injustice. He has maintained contacts with almost all the human rights organizations in Punjab and even outside the State. He has indepth study in matters relating to attacks on minority communities in India, modus operandi of Policemen in implicating human rights defenders in cases of serious criminal offences. He has chronologically maintained all the news reports of police highhandedness and human rights violations of victims particularly in Punjab and India in general for the last three years. He feels that his knowledge and skill in human rights field, besides investigating and preparing detailed reports is an asset for him.

He has sent many complaints of Police brutality in Punjab and Chandigarh to United Nations Human Rights Commission on torture in Geneva and few among those have been taken up by the Commission at the appropriate level. Due to his vitreous stand against the State repression, he was even once illegally detained and assaulted by a Police officer,Balwant Singh Majitha, in a Police Station in SAS Nagar, Mohali, Distt. Ropar(Pb.) on 4th October, 1998, but was saved with the timely intervention of the Presidents of District Bar Association and High Court Bar Association. A Contempt petition filed by him against the erring cops is pending in the High Court for further hearing. Although he hasn't got the opportunity to visit outside India, he has extensively traveled in every part of the country for participating and organizing campaigns on different subjects of human rights promotion.

LIST OF ORGANIZATIONS HE BELONGS TO:-

1. Lawyers For Human Rights International, Chamber No.122, Distt.Courts,
Sector 17, Chandigarh.160017( Fax:0172-747434)(Ph: 709356, 781789)
2. Lawyers For Social Reforms, Chandigarh, Chamber NO.122,District Courts, Sector 17,Chandigarh.

NEED TO CURB POLICE POWER TO REGISTER F.I.R.

The words of Sir William Blackstone that " It is better that ten guilty persons escape, than that one innocent suffer" is always a guiding principle for a Judge to dispense justice. The Code of Criminal Procedure empowers the police to register a criminal case in the form of First Information Report, commonly called F.I.R. But every time, this power is mis-used and abused with impunity. In criminal jurisprudence, FIR means the first information report about the occurrence of a crime, which sets the criminal law in motion. It usually forms the basis of whole of criminal trial to ascertain the guilt of the accused. The accusation, arrest and trial based on such accusation in the FIR will certainly affect the right to personal liberty of the citizen, guaranteed under Constitution of India. It is therefore, most essential in the interest of probity and fairness that the duty to register the F.I.R. must be given to a most reliable and knowledgeable wing of the justice delivery system. Section 154 of Cr.P.C. defines the F.I.R. as "the writing of information relating to the commission of a cognizable offence". This document ultimately becomes the most important part in the framing of the charge and conduct of trial against the accused. At present the power to register the F.I.R. rests with a matric pass MHC(Munshi Head Constable/Clerk of the Police Station) who is neither a technical person lacking any legal knowledge of related laws nor a reliable authority and is ordinarily immuned to greed and fear. With this important power in the hands of incompetent and non-technical person, harassment and highhandedness by the police makes a mockery of the Criminal Justice System. Legal luminaries and Judges at lower level upto apex court waste their wisdom and knowledge to find the validity of the document called F.I.R. and go on writing lengthy judgements for and against the document, which is, in most cases badly drafted by, an under-graduate clerk having no special training or knowledge to author it.

The power to register the F.I.R. given to the Police has done more harm than good to the Criminal Justice System. Burdening the Courts with false and fabricated F.I.R.'s and then cancelling it "in Public Interest" has been seen by Legal experts as an explosive in a child's hand. Exercising discretion by the Police such as, implication of innocent people in false criminal cases on the one hand and denial to register the F.I.R. in case of Custodial crime on the other, have established beyond reasonable doubt that there is urgent necessity to curb the police power to register the F.I.R. Today the dubious role in recording false F.I.R. has certainly brought the Police force in the dock. Investigations into many criminal cases where F.I.R. had been registered by the incompetent and dis-honest policemen have brought to fore that while a person is picked up for one crime, he is booked for another crime by framing a concocted story in the F.I.R. Showing the recovery of arms or ammunition in order to book a person under arms act or planting a small quantity of some narcotic drug like poppy husk or opium for booking a person under N.D.P.S. Act is a favourite modus operandi of the Police. In most of the Punjab jails, hundreds of poor migrant labourers or villagers are languishing without trials for years, on charges of possessing few grams of opium or poppy husk, a local narcotic, simply because the courts are reluctant to order bail to the accused booked under N.D.P.S.

In December, 1998 three british Nationals on a tourist visa in India were arrested and booked under Arms Act and N.D.P.S. by Chandigarh Police. Detailed investigations and after the matter being taken by the British High Commission with the highest authority exposed the mis-deed of Chandigarh Police of falsely implicating the three youth. One D.S.P.one, Inspector and three Sub-Inspectors were suspended for their role in fabricating evidence and registering false F.I.R.

Virsa Singh, a 55 years old, baptized agriculturist of a village near Nawansheher in Punjab alleges from behind the iron bars of Central Jail Ludhiana that he was booked under N.D.P.S. by the Police simply because his wife had refused to withdraw a complaint against the Police officials in the Punjab State Human Rights Commission. While he was going in his village for some household work, he was picked up and five bags of poppy husk was planted upon him and a false F.I.R. was registered against him in Police Station Phillaur,Distt.Jalandhar on 15th February,2000. Narain Singh, another agriculturist of a village near Dera Baba Nanak in District Gurdaspur of Punjab also has a similar story to tell. According to a representation sent by him to the Director-General of Police and the Chief Minister, Punjab last year, an F.I.R. registered against him on 4.5.1999 at P.S. Dera Baba Nanak has been wrongly registered and that he has been falsely implicated in the case under Section 324/34 I.P.C. He has sought a high level inquiry into the false registration of the F.I.R. and action against the guilty police officials responsible for fabricating false document.

Not only that the accused against whom the F.I.R. is registered pleads innocence and makes out a case of false implication by the police, but the Law courts are also vigilant enough to judiciously scrutinize as to whether the prosecution case stands the litmus test of making out a case beyond reasonable shadow of doubt ? In a particular case of its kind, Ld. Additional Chief Judicial magistrate, Chandigarh Mr.Harmohinder Singh Madan, in his eight page lengthy judgement in the case of State- U.T. Vs. Head Constable Tirath Singh, Chandigarh Police, took the Chandigarh police to task. He wrote that,

" The police later on fabricated a concocted /cooked up story, got registered case FIR no.148 dated 1.1.1996 under Sec.4/5 of Noises Control Act. This demolishes the prosecution story totally and it comes out that the prosecution story is a sheer concoction without any element of truth. Their such action deserves severe condemnation, since such types of acts are not expected from responsible police officers of such ranks. Nevertheless, they can be better dealt with for such acts at departmental level, but the hollowness of the prosecution story stands exposed totally."

Another aspect of the topic that deserves attention is that, for various reasons, such as greed, Political or monetary influence over the Police, many complaints relating to cognizable offence go without registration of any First Information Report. Complaints of Custodial deaths, illegal detention and harassment of innocent people by the policemen and custodial torture are often rejected summarily and dumped into the dustbin by the concerned police officer. At the first instance no complaint is accepted from the victim or his relative and if at all the complaint is received, neither any receipt is given nor any F.I.R. is registered what to say of any action being taken on that complaint, perhaps for the reason that the offender is the man of their own force.

Kuldip Singh, a young resident of Village Geege Majra in Distt.Ropar in his complaint to the Punjab State Human Rights Commission, alleging violation of his human right to life and liberty at the hands of Punjab police has stated that he was illegally detained and subjected to inhuman third degree torture from 18.4.1999 till 28.4.1999 at Banur Police Station, a township in Distt.Patiala. But all his efforts in getting an F.I.R. of illegal detention and custodial torture, registered against the guilty police officials have failed and even the Senior Police officials adviced him to compromise with the guilty police officials if he wants to save himself from implication in false criminal cases. Harpal Singh Sahni, a computer engineer of SAS Nagar, Mohali was badly beaten and harassed during his day long illegal detention in October, 1999 by a Sub-Inspector Balwant Singh Majitha in Police Station, Phase VIII, Mohali. When he dared to bring this inhuman treatment to the Court in Ropar, he was falsely booked for a cheating case and was made to run from pillar to post for his safety. Gurpartap Singh Walia, a Chandigarh resident also faced a similar legal problem in getting the complaint of his custodial torture at the hands of Chandigarh Police registered even with the indulgence of the Court.

A large number of persons arrested and shown to be involved in cases relating to theft and dacoity and publicised through media are framed in false cases. Similarly, cases of eve-teasing in which persons are accused of eve-teasing, contain the same statement of the official eye-witness that "the accused passed particular objectionable remakrs on a female passer-by". It is highly improbable that different persons on different occasions had uttered the same words and teased the woman in the same manner. It is certainly a matter of shame for the Chandigarh Police that it has the largest number of acquittals in cases of eve-teasing.

From the above instances, the argument that the power to register F.I.R. must be withdrawn from the police, holds a solid ground . Instead, a "special cell" from among the Litigation and Prosecution department of the State administration with persons having sufficient legal knowledge only in Criminal laws should be created and power granted under Section 154 of Cr.P.C. should be delegated to this cell. The complainant should be dealt with by persons with complete legal knowledge who also understand the psychology of the complainants. If a cognizable offence is prima facie made out from the complaint, this "special cell" should register the F.I.R. and direct a Police officer not below the rank of a Sub-Inspector to investigate the complaint by recording the statements of both the parties and submit his report to the "cell". The ultimate power to order arrest and prosecute a person for any cognizable offence should rest with the "special cell" and the police officer should be empowered only to detain a person on either the order of the Court or the Special cell. In this way, not only that the cases of Police highhandedness and false implication of innocent persons could be effectively checked but transparency and responsibility to exercise one's authority could be build in the Police force. Division of power to another cell with limited role of the Police being an investigating agency and not a wild force that always transgresses one's fundamental right to life and liberty, will help to some extent in restoring the faith of the people in the already out-dated criminal justice system.

(ARUNJEEV SINGH WALIA)
Advocate

Criminalisation of Punjab Police
By Arunjeev Singh Walia

Ever since the increasing criminal activities of men in force in the State of Punjab have forced every peace-loving citizen to find a solution in taming the outlaws, various issues have come to the fore calling urgent remedial action. With more than 1700 petitions pending in different law courts against Punjab police personnel mostly of the subordinate ranks till 2000, according to an official release from the Litigation and Prosecution department of Punjab, none of Senior Police authorities have added this vital information in the annual confidential report of these tainted police men. Many policemen even after being indicted in the departmental inquiries conducted by Internal Vigilance or Crime department of Punjab Police have not been reverted or sent to Police lines, inspite of instructions issued in this respect. This undue protection from the Senior Police authorities to the illegal activities of the subordinate men have encouraged lawlessness in the Punjab Police to a large extent. Every day newspapers are filled with reports of Police highhandedness and tales of third degree torture or even custodial deaths at the hands of Punjab Police. In the year 2000 alone, there had been 19 deaths in Police lock-up and in most of the cases, the police claimed that the victim committed suicide by hanging himself or consuming Celphos tablets while in police lock-up, due to fear of arrest in some petty case. Ironically, the Courts and even the Punjab State Human Rights Commission, failed to apply its mind and blindly accepted these repeated cock and bull stories to be true and exonerated the force in most of the cases of death in police-lock up.

The worst affected areas of Criminal-police nexus in Punjab are Ludhiana and Jalandhar. Ludhiana being the hub of trading activities and Jalandhar, world known city for its hawala business have remained in the limelight for a long time. It is said that the post of a Station House Officer of a Police Station is auctioned by the Senior Superintendent of Police for more than three lacs a month and the Post of Senior Superintendent of Police fetches more than twenty five lacs to the Senior authorities. Having said that every Station House officer of a Police Station paying more than three lacs a month to his Superiors must be earning more than double this amount and the Senior Superintendent of Police must be pocketing more than fifty lacs every month, this brings us to the moot question as to who is paying this money to the policemen ? A subordinate police official for the sake of anonymity whispered that underworld land mafia, hardcore criminals, besides money lenders share the booty to a large extent with the Station House Officer who in turn passes the buck to his superiors. According to available record in the Police Stations in Ludhiana alone, there are more than ten gangs of land grabbers, and about fifty history sheeters involved in petty cases of extortion, robbery and other criminal activities. Even few policemen have been found running the business of money lending and picking the defaulter loanee without any warrant for pressurising him to pay off the debt.

The gruesome killing of Avtar Singh, a youth of Ludhiana by Inspector Gurmeet Singh alias "Pinky" on 7th January, 2001 outside his house in Maya Nagar, Ludhiana has once again forced the people to think twice before speaking to a policeman, because the policeman in Punjab has free hand to take out his service revolver and shoot anybody down without any provocation and then slip away infront of the public like a king.

COMPILATION OF CUSTODIAL DEATHS IN PUNJAB DURING THE PERIOD 1997- TILL JUNE, 2001

CHAPTER- I

TORTURE IN INDIA

In India where rule of law is inherent in each and every action and right to life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, instances of torture and using third degree methods upon suspects during illegal detention and police remand casts a slur on the very system of administration. Human rights takes a back seat in this depressing scenario. Use of excessive force and exceeding lawful authority by the police, resulting in death in custody, have become quite common. If torture of a suspect during police custody is inhuman, causing death by beating in police custody is even more inhuman. Custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. It is indeed a matter of great concern for every human being. Thinking of the pain and trauma that a victim suffers due to torture, the protection of his life and liberty from such inhuman treatment becomes the most sacred duty of every authority who cares for human rights. In custodial crimes, not only the infliction of body pain is worrisome, but also the trauma and mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is third degree torture or death in police custody, the extent of annoyance caused to the humanity is beyond the purview of law. Repeated incidents of Custody deaths in the country have not only shaken the people's conscience, forcing them to take to the street against the inhuman torture techniques adopted by the police, but has also highlighted the hostile attitude of law enforcing agencies in containing such heinous crime against the humanity. The sad part of the story is that the force which is supposed to protect the life and liberty of the citizen when behaves inhumanly and perpetrate crime it brings to fore the most crude form of violence against the whole humanity. It undoubtedly, encourages lawlessness and breeds contempt for law. The rights inherent in Article 21 and 22(I) of the Constitution of India require to be zealously and scrupulously protected.

Custodial violence including torture, death and staged encounter, strikes a blow at the Rule of Law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law. Inspite of clear prohibition in law from subjecting third degree torture upon any person, Supreme Court and various High Courts and even the National Human Rights Commission and State Human Rights Commissions across the country are over flooded with complaints of custodial torture and deaths in police custody or fake encounters. According to a statement placed in the Lok Sabha in 2000, more than seven hundred and ninety persons lost their lives in police custody in the country in the past. Unofficial figures even go upto five figures. Showing deep concern over the increasing tendency among the police officials in subjecting third degree torture upon the suspect resulting in the custodial death of the suspect and the suppression of such occurrences by the erring cops, the National Human Rights Commission issued strict directions to all the State governments and Union territories in 1993 as under:-

" In view of the rising number of incidents of custodial deaths and custodial rapes and reported attempts to suppress or present a different picture of these incidents with the lapse of time, the commission directs to all the District Magistrates and Superintendents of Police of every district in the country that they should report to the Secretary General of the National Human Rights Commission about such incidents within 24 hours of such occurrence or of these officers having come to know about such incidents. Failure to report promptly would give rise to presumption that there was an attempt to suppress the incident."

The third report of the National Police Commission in India released in 1996, expressed deep concern at the increasing incidents of custodial violence and deaths in lock-up. It took serious note of the demoralizing effect which custodial torture was creating on the society as a whole. It held that "the Protection of the individual from oppression and abuse by the police and other enforcing officers is indeed a major interest in a free society; but so is the effective prosecution of crime, an interest which at times seems to be forgotten. The quality of a nation's civilization can be largely measured by the methods it uses in the enforcement of criminal law."The Magna Carta of human rights, as it is known, 'The Universal Declaration of Human Rights', which marked the emergence of a worldwide trend of Protection and guarantee of certain basic human rights, stipulates in Article 5 that " No one shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment." Article 1 of the 'Convention against Torture and other Cruel, Inhuman or Degrading treatment or punishment', defines torture as "any act by which severe pain or suffering, whether physical or mental is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed or intimidated or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or that person acting in official capacity."

The Article 4 of the Convention says, "each state party shall ensure that all acts of torture are declared as offence under its Criminal Law. "

The apex court as also various High Courts of the country have always shed light to dispel the darkness of inhuman and brutal torture techniques which amounts to an attack on the fundamental right to life and liberty of the victim.

Justice S. Mohan of Supreme Court of India speaking for the bench in the case of "Arvinder S. Bagga Vs. State of U.P." aptly observed, "Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in authority and that too by a police officer, the mental torture caused by it is even more grave."

Justice Kuldip Singh and Justice Dr. A.S. Anand, the pillars of Human Rights movement in India observed in the landmark Judgment on Custodial crimes, titled "D.K.Basu Vs. State of West Bengal that "Custodial violence, including torture and death in the lock ups, strikes a blow at the Rule of Law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law. Custodial Violence is a matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizens. It is committed under the shield of uniform and authority in the four walls of a police station or lock-up, the victim being totally helpless. The Protection of an individual from torture and abuse by the police and other law enforcing officers is a matter of deep concern in a free society. "Torture " of a human being by another human being is essentially an instrument to impose the will of the "strong" over the "Weak" by suffering. The word "torture" today has become synonymous with the darker side of human civilization. It is a calculated assault on human dignity and whenever human dignity is wounded, civilization takes a step backward-flag of humanity must on each such occasion fly half-mast. In all custodial crimes what is of real concern is not only infliction of body pain but also the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is physical assault or rape in police custody, the extent of trauma, person experiences is beyond the purview of law." He further observed in another judgment on human rights dealing with the effect of torture in the mind of common citizen, titled " State of M.P. Vs. Shayamsunder Trivedi and others" and held that "tortures in police custody, which of late are on the increase, receive encouragement by this type of an unrealistic approach of the courts because it reinforces the belief in the mind of the police that no harm would come to them, if an odd prisoner dies in the lock-up, because there would hardly be any evidence available to the prosecution to directly implicate them within the torture. Torture in custody flouts the basic rights of the citizens recognized by the Indian Constitution and is an affront to human dignity. Police excesses and the mal-treatment of detainees /undertrial prisoners or suspects tarnishes the image of any civilized nation and encourages the men in "Khaki" to consider themselves to be above the law and sometimes even to become law unto themselves."

Historian Badriana P. Bartow also explained the trauma of torture in his own words, "Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself. "

The temple of Justice, as he is known, Mr. Justice V.R.Krishna Iyer the then Chief Justice of Supreme Court, dwelled in detail the evil of torture in a case titled " Raghubir Singh Vs. State of Haryana" and observed, "we are really pained to note that such things should happen in a country which is still governed by the Rule of Law. We cannot but express our strong displeasure and disapproval of the conduct of the concerned police officers. We are deeply disturbed by the diabolical recurrence of police torture resulting in terrible scare in the minds of common citizens that they are under a new peril which the guardians of the law gore human rights to death. The vulnerability of human rights assumes a traumatic, torture some poignancy when the violent violation is perpetrated by the police arm of the State whose function is to protect the citizen and not to commit gruesome offences against them as has happened in this case. Police lock-up if reports in newspapers have a streak of credence, are becoming more and more awesome cells. This development is disastrous to our human rights awareness and humanist constitutional order."

In an attempt to weed out the evil of torture from the Police Stations, Punjab & Haryana High Court in a Public Interest Litigation, titled, "Dr.Vineeta Gupta and another Versus State of Punjab & others" reported in Judicial Reports(Criminal) 1998 Page 561 held that no instruments of torture would be kept in any Police Station in Punjab, Haryana and Union Territory of Chandigarh and no person would be subjected to torture in Police Custody.

Dr. Martin Luther King (Jr.) in a letter to his country men once wrote, "Injustice anywhere is threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of density. Whatever affects one directly affects all indirectly."

It is a matter of common knowledge that when a complaint is made against torture, death or injury in police custody, it is difficult to secure evidence against the policemen responsible for resorting to third degree methods since they are in charge of police stations easily manipulate the record and tamper with the evidence. The courts and the judges, if we may say so with respect, exhibit a total lack of sensitivity and a "could not careless" attitude in appreciating the evidence on the record and thereby condoning the barbaric third degree methods which are still being used, at every police station, despite being illegal. They must bring a change in their attitude particularly in cases involving custodial crimes and should exhibit more sensitivity and a realistic rather than a narrow technical approach, while dealing with such cases, so that as far as possible within their powers, the guilty must not escape and that the victim of the crime has the satisfaction that ultimately the majesty of law has prevailed. Otherwise, the victim becomes frustrated and contempt for law develops.

CHAPTER-II

CUSTODIAL DEATHS IN PUNJAB -1997-June 2001

Figures shows that incidents of custodial violence and abuse of power by the police have been largely reported in the states where militancy and insurgent activities are at its peak. For example, Punjab and Kashmir tops the list of States where thousands of innocent people have been killed in fake encounters and summary executions. In Punjab, during the period 1988-1995, thousands of people were killed by the Punjab police in fake encounters, custodial deaths and summary executions. The situation is no better even today. The Police has become man-eater and resorting to extra-judicial methods is their favourite sport. There is an un-declared war against human rights by the police force. Innocent people are daily done to death in a very cruel manner which cannot be described in words. Even the women and children are not spared. The victim is tied upside down with pressure put on his head from below, heavy iron roller applied on his sensitive parts. Petrol is put on private and sensitive parts. He is mercilessly beaten with wooden stick and iron rod. The legs are torn apart at 180 degree and then pressure is put on the thighs. The nails are pulled and salt is put on the injuries. Electric shocks are given in the private parts viz.. penis and testicles. They are more brutally tortured and even killed publicly by the devils in khaki. Still every justice loving person in the country turns a blind eye to these gory details of police excesses when reported in the newspapers quite often.

Many politicians or police authorities says that the State of Punjab is now a peaceful state and the period of turbulence has gone for the good. Rule of law has been restored and human rights of the people are most respected. But the figures disclaim this theory. More than seventy five reported custodial deaths in four years and a thousand reported incidents of tortures of innocent people in police custody, casts a slur on the law enforcing machinery in the State. It will be our endeavour through this book to explore as to how far the State government and its law enforcing agencies have been sensitive to the human rights issues and respected the fundamental right to life and liberty of its subjects. Here is a fact finding report by the organisation which needs pointing attention of every justice loving person.

The tall claims of the Punjab government of restoration of rule of law have proved a farce with custodial crime becoming an order of the day. Policemen still consider themselves above the law. They have no fear of law or the Court. They know that they will be exonerated in the name of national security or maintenance of law and order. Their mindset is the same as it was during the earlier days of State terrorism. Their actions are the same. Rather, their authority has become more powerful with no action against their illegal actions. Under these circumstances, it would be foolish to claim of situation being under control. Even after four years of the so-called popular rule in the State, the situation has not changed a wee bit. The number of deaths have certainly gone down, but the killer instinct of a rowdy and inhuman policeman is still the same in the flesh and blood of the policemen. When more than seventy people have lost their lives in Police custody since the Akali government came into power, it would be a great folly to call it a State ruled by law. While the government is under bounden duty to protect the life and liberty of every citizen, loss of even a single life in Police Custody, must bring the head of every responsible officer bow down in shame. The moot reality is that the situation has been so badly mis-handled that it has become critical and every peace loving citizen is feeling insecure and prone to police brutality. Is it not a failure of the government where the police force has turned man-eater and the courts and the elected representatives of the people have closed its eyes and ears? The answer to all these questions is emphatically "betrayal of the oath".

It is a shocking state of affairs in Punjab. Not only the government has failed to check its brutal force, the judiciary and the human rights agencies have also miserably failed to show its presence. It seems to be a matter of the past now that a judge is moved on reading the heart rending news of torture death in the morning day newspaper and takes suo-moto cognizance of the matter. Today the judges also do not feel concerned on learning that innocent people are being killed like animals in fake encounters, summary executions etc. One wonders if they would feel disturbed on seeing and hearing the wails of torture victims in the Police stations in Punjab. Every Court granting police remand of a suspect fully knows that the suspect will be given inhuman third degree treatment. It is their folly to believe that only third degree treatment could extract the truth from the suspect. It is no secret that the first thing a policeman does with the suspect in police remand is to give good bashing and then tell his fault. The title page of this book showing the policemen trying to put a shikanja ( knot with a rope) on a suspect, clearly exhibits the mindset of the police force in the state even today. Hats off to Mr.Amrik Saggu, Press photographer of "Daily Jagran", Jalandhar for shooting such a secret incident.

The deep study of the pattern and modus operandi of the policemen in killing suspects in police custody vert recently have led us to hold without any iota of doubt that whosoever is taken into custody by the police is sure to loose his life, lest he is too hard to bear the police torture, no matter, whether he is innocent or too poor to bribe the policemen.

Punjab Police, notorious for its fake encounters, custodial deaths and other heinous crimes, received a blow, when the encounter theory of killing a youth, Kashmir Singh of Pandori Rukman in Hoshiarpur district on 14th March, 1997 came out to be a false one. Even the Sessions Court, Hoshiarpur held the said incident to be a cold blooded murder of an innocent youth by the policemen and convicted the police party. He sentenced all the guilty police personnel to life imprisonment for the offence of murder. A compensation of Rupees five lacs was also awarded by the National Human Rights Commission to the next of kin of the deceased. Similarly, the tale of torture method described by Sapinder Singh, the brother of a victim of Police torture, Devinder Singh alias Bhola, a youth of village Hassanpur in Ropar district who was tortured to death on September 18, 1999 shook the conscience of every justice loving person with grief. According to the eye-witnesses who were also tortured during illegal custody,the victim was tied upside down with pressure put on his head from below, heavy iron roller was applied on his sensitive parts. Petrol was put on his private and sensitive parts. He was mercilessly beaten with wooden stick and iron rod. His legs were torn apart at 180 degree and then pressure was put on the thighs. The nails were pulled and salt put on the injuries. Electric shocks were given in the private parts viz.. penis and testicles. Not bearing the inhuman torture, the victim succumbed to his injuries then and there. The accused policemen who were arrested and brought to trial, have recently been sentenced to life imprisonment for the custodial death. Many victims of police brutality have even gone un-noticed. What was the fault of Iqbal Singh of Jaitu in Faridkot when he was picked up by the Muktsar police on January 5,2001 and was so badly tortured that he died in the lock-up? But the police is so hardened liar that it claimed that the victim had committed suicide by hanging himself in the bathroom of the lock-up. Similar story was cooked up by the Police in the case of Surinder Pal who died in Police Station Dasuya in District Hoshiarpur on 7th January, 2001. The same day Avtar Singh, a youth of Ludhiana was shot dead by a militant turned Police Inspector Gurmeet Singh Pinky in Ludhiana because he objected to their drinking session at a public place. Is the life of these victims so valueless that the State government or the Police authorities could not afford to pay ex-gratia compensation to the next of the kin of the deceased killed by the Policemen ? The tragedy does not end here. Exactly a month later in 2001, Jaspal Singh, a 17 year old Dalit youth of Village Saheri in District Ropar fell to the torture methods of Punjab police and died in Police Station Morinda on 7th February, 2001. To add insult to the injury, every organ of administration including the civil and police administration in the district tried their level best to save their policemen who were responsible for the tragic death. The courts also showed little concern at this dastardly act. Another dalit youth, Madan Lal of Kapurthala was tortured to death in Police Station Kapurthala on 15th February, 2001.

One thing quite similar in all these incidents was that the police authorities and district administration failed to take necessary action against the guilty persons and even left no stone unturn to save the erring policemen. No action was taken against any of the guilty policemen, unless the masses came to the street and protested by laying road blockades, dharnas and even gheraoed the police station. In other words, the public outcries and street protests played an important role for forcing the authorities to take strict action against the erring cops.

Another thing noticed in the case of prison death being quite common was that in every case, the jail authorities cook up the theory of the victim committing suicide in a fit of depression. It is not amazing that in about twenty five cases of prison deaths reported to the Punjab State Human Rights Commission, almost all the cases have the same theory of suicide either by hanging or consuming some poisonous substance in the cell. Still, the Commission failed in its duty to take such liar jail authorities who not only killed the prisoners, but also attempted to conceal the truth from the Commission. Although compensations have been awarded to the next of kin of the victims, no criminal proceedings have been initiated nor any jail official arrested or tried for murder, who was found prima facie guilty of negligence in performing his duty which resulted in the death of the prisoner.

(NAVKIRAN SINGH )
General Secretary

LIST OF DEATHS IN POLICE CUSTODY
w.e.f. JANUARY 1997- TILL JUNE, 2001

1997

1. March 14, 1997: Kashmir Singh, a Youth of village Pandori Rukman near Hoshiarpur, was abducted from his house in the village alongwith his father Ajit Singh by a police party headed by Sub-Inspector Gulzar Chand, SHO of Police Station Taran Taran(City) and after dropping his father, killed him in fake encounter. Later on the Sessions Court at Hoshiarpur held it to be a fake encounter and sentenced the accused policemen to life imprisonment for the dastardly act. Similarly, the National Human Rights Commission awarded a compensation of Rupees five lac to the next of kin of the deceased.

2. April 7, 1997: Paramjit Singh, son of Pritam Singh died in Police Custody of P.S.Dakha, Ludhiana.

3. April 17, 1997: Ravi Kumar Verma, a migrant labourer of Ludhiana died in Police custody of P.S.Division No.4, Ludhiana.

4. May 28,1997: Jagsir Singh(25), a resident of village Bilaspur, District Faridkot died due to Police torture in P.S.Bilaspur.

5. June 30, 1997: Narinder Singh(18), a resident of village Fetahpur, District Amritsar was beaten to death by the police of P.S.Amritsar.

6. July 20, 1997: Jaggar Singh of Kotduna village in District Sangrur, died in Police Custody of P.S.Dhanaula, District Sangrur.

7. July 21, 1997: Baljeet Singh (24) son of Nahar Singh, a resident of village Burj Dhilwan, District Bathinda was killed in Police Custody of Police Station Maur, District Bathinda.

8. August 15, 1997: Satnam Singh alias Satti, a resident of Jalandhar district, died in Police custody of P.S. Adampur.

9. August 30, 1997: Pala Singh, son of Gurcharan Singh, a resident of village Bhai Bakhtaur, District Bathinda was killed in Police Station Kot Fatta, Distt.Bathinda. He allegedly by consuming poison kept in the Police Station. The Punjab State Human Rights Commission awarded an interim compensation of Rupees fifty thousand to the next of kin of the deceased.

10. September 1, 1997: Jagan Nath alias Jagnoo son of Ranjha Ram, a resident of village Pasla in Jalandhar district was killed in Police custody of P.S. Guraya, Distt. Jalandhar. Painfully, the Punjab Human Rights Commission, dismissed the complaint into his death for no valid reasons.

11. September 5, 1997: Sham Lal son of Banta Singh, a resident of village Ajnali, District Fatehgarh Sahib was beaten to death by a police party of P.S. Gobindgarh. Ironically, this Complaint also met the same fate in the Punjab State Human Rights Commission.

12. September 12, 1997: Babu Ram(25), a resident of Malerkotla was killed in Police Custody of P.S. Ahmedgarh, District Malerkotla.

13. September 21, 1997: Kala Singh, a resident of village Shadipur Mommian, District Patiala was killed in police custody of P.S.Patran, District Patiala.

14. October 3, 1997: Manfool Ram, a dalit of village Dakha, District Ludhiana died in Police custody of P.S.Mullanpur Dakha, District Ludhiana.

15. October 24, 1997: Bhagwan Singh,(35 ) a resident of village Jhuge Lal Singh, District Fazilka died in Police custody of P.S. Fazilka (Sadar).

16. October 26,1997: Bhola Singh, a resident of village Matti in District Mansa died in Police custody of P.S. Mansa.

1998
17. April 7, 1998: Paramjit Singh, son of Pritam Singh, a resident of Ludhiana died in police custody of Ludhiana police.

18. April 25, 1998: Dr.Om Parkash Jail, an eye-specialist of Ludhiana died of heart attack due to Police beating at his residence by an Assistant Police Inspector of CIA Staff, Moga.

19. August 22, 1998: Karnail Singh(60), a resident of village Jagatpura in District Taran Taran died due to beating by policemen in P.S. Chabal, Taran Taran.

1999

20. January 26, 1999: Jasbir Khan(25), a resident of village Sohana, District Ropar was beaten to death in Police custody of P.S.Sohana.

21. August 15, 1999: Lakhbir Singh alias Lakha (35), a resident of village Ratoke in District Taran Taran was killed in police custody of P.S.Sarhali, District Taran Taran.

22. September 18, 1999: Devinder Singh alias Bhola(21), a resident of village Hassanpur in District Ropar was tortured to death by policemen of CIA Staff, Ropar The three policemen responsible for the gruesome killing have been sentenced to life imprisonment by the Sessions Judge, Ropar.

23. September 26,1999: Jagdish Rai Jain(49) a resident of Bathinda died in Police Custody of P.S. Paras Ram Nagar, Bathinda.

24. December 11,1999: Gurbhej Singh(21), a resident of Amritsar died in police custody of P.S.Amrtisar.

2000

25.January 4, 2000: Gurdev Singh(42), resident of village Uggi, District Jalandhar was beaten to death in police custody at P.P. Uggi, Distt. Jalandhar.

26.January 11, 2000: Hargobind Singh, a resident of Sirsa died in Police custody at P.S. Tapa, District Barnala. The National Human Rights Commission has awarded a sum of Rupees five lac as interim compensation to the next of kin of the deceased, while the Punjab State Human Rights Commission failed to take cognizance of the incident, inspite of being approached by the aggrieved party.

27.April 23, 2000: Ram Kumar, son of Sadhu, a resident of Ludhiana died in Police Custody of CIA staff, Sirhind, Distt.Fatehgarh Sahib. Painfully, the complaint seeking inquiry into the tragic death was dismissed by the Punjab State Human Rights Commission and adding insult to the injury, refused by the Punjab & Haryana High Court.

28.April 29, 2000: Dalbir Singh(40), a resident of Jalandhar was shot dead in Police custody at P.P.Maqsoodan, District Jalandhar.

29. July 15, 2000: Budh Singh(35), a resident of village Dargapur in District Taran Taran died in police custody of P.S.Naushehra Pannuan, District Taran Taran.

30. July 15 and 16, 2000: Bagga Singh, a resident of Naushehra Pannuan was tortured to death in Police custody of P.S.Naushehra Pannuan, Distt.Amritsar.

31. August 23, 2000: Sonu(18), son of Hira Lal, a dalit labourer of Abohar was tortured to death in Police custody of P.S.Abohar.

32. September 2, 2000: Balbir Singh(23), a resident of Sangrur was killed in Police custody of P.S. Sangrur.

33. September 9, 2000: Chuhar Singh, a resident of village Gogon in District Hoshiarpur died in Police custody in P.S. Mahilpur, District Hoshiarpur.

34. October 13, 2000: Raju, a dalit youth of Ludhiana was beaten to death in Police Custody of CIA Staff, Ludhiana.

35. December 2, 2000: Sarwan Singh(35), a resident of village Bootan in District Kapurthala died in Police Custody of P.S. Subhanpur.

36. December 14,2000: Gurdev Singh, a resident of village Samana in District Patiala
was beaten to death in P.S. Samana, Distt. Patiala.

37. December 28, 2000: Pawan Kumar, a dalit youth aged 27 years, resident of Hoshiarpur died in Police Custody of P.S. Model Town, Hoshiarpur.

2001

38. January 5, 2001: Iqbal Singh(35), died in Police custody at P.S. Muktsar. The Police called it a suicide death, while people alleged it to be a custodial death.

39. January 7, 2001: Surinder Pal, a resident of Batala in Distt. Gurdaspur was killed in Police Custody. He was picked up by Hoshiarpur police and brought to Dasuya Police Station in Hoshiarpur and tortured due to which he died. The Police said that he committed suicide by hanging in the police lock-up. No One has been arrested so far.

40.January 7, 2001: Avtar Singh, a youth of Ludhiana was shot dead by Inspector Gurmeet Singh Pinky of Punjab Police under the influence of liquor for over a small issue of giving passage to pass through the street where the Police Inspector had his house.
41.February 7, 2001: A poor Dalit Youth, Jaspal Singh of village Saheri in P.S. Morinda, Distt. Ropar died in Police custody at Morinda Police Station.

42. February 15, 2001: A Scheduled Caste Youth, Madan Lal, aged 32, died in Police Custody in Police Station Kapurthala.

43. February 19, 2001: A poor mason Rakhdev, hailing from Uttar Pradesh was killed in a Police encounter at Ludhiana.

44. March 6, 2001: A dalit youth, Maninderjit Singh(19), resident of village Kohali, District Amritsar was beaten to death by the police.

45. March 27, 2001: Nahar Singh, a 35 year old dalit youth died in Police Custody at P.S. Khanna, Distt.Ludhiana.

46. May 2, 2001: Karnail Singh(50), a resident of Haibowal, Distt.Ludhiana was thrashed to death by the police in P.S.Haibowal, Ludhiana.

47. June 2, 2001: Kulwinder Singh(20), son of Amarjit Singh, a resident of village
Kokari Kalan, District Moga, was beaten to death in P.S.Mehan Kalan, Jagraon,
Distt. Moga.

LIST OF PRISON DEATHS IN PUNJAB w.e.f. JANUARY 1997-TILL JUNE, 2001:

1997

1. January 13, 1997: An Undertrial, Vijay Kumar, died in District Jail, Kapurthala.

2. February 14, 1997: An Undertrial, Ranjit Singh hanged himself in Central Jail, Sangrur.

3. August 14-15, 1997: Amrit Singh (45), an undertrial died in Central Jail, Jalandhar.

25. October, 1997: Natha Singh, a daily wage labourer of Sangrur died in at District Jail, Sangrur.

26. November, 1997: Tirath Singh son of Narinder Singh Kler, a resident of village Kler, District Amritsar died in Amritsar jail.

27. December 13, 1997: Hukam Chand, an undertrial, died in Central Jail, Patiala.

1998

7. April 7,1998: Rajinder Singh, an undertrial died in the Central Jail,Patiala.

8. April 25, 1998: Gurjet Singh, an undertrial died in Central Jail, Patiala.

9. May 12, 1998: Sunil Kumar Munjal, a resident of Abohar died in Central Jail, Ferozepur.

10. July 23, 1998: Bhil Ram, an undertrial and a resident of Ludhiana died in Central Jail, Ludhiana.

11. August 27,1998: Tarlok Singh, an undertrial lodged in Central Jail, Gurdaspur allegedly committed suicide in the jail.

12. September 27, 1998: Surinder Dass, an undertrial allegedly committed suicide in Central Jail, Patiala.

13. October 1, 1998: Kulwant Singh (55), an undertrial, died in Central Jail, Patiala.

1999

14. May 18, 1999: Malkiat Singh, an undertrial, died in Central Jail, Patiala.

15. December 12, 1999: Joginder Singh, a resident of village Kaler Kalan, District Gurdaspur died in Central Jail, Gurdaspur.

2000

16. February 13, 2000: Sangram Singh(40), an undertrial lodged in Central Jail, Amritsar died in the jail.

17. February 21, 2000: Joginder Ram, an undertrial, died in Bathinda Central Jail.

18. April 6, 2000: Kirpal Singh(35), convict lodged in Central Jail, Patiala died due to TB in the jail.

19. April 9, 2000: Parvinder Singh(30), an undertrial lodged in Central Jail, Patiala died in the jail.

20. April 12, 2000: Surinder Singh(50), a resident of village Khankhana in Nawanshehar who was undergoing ten years imprisonment inCentral Jail, Patiala died in the jail.

21. April 22, 2000: Raj Singh, a convict died in Central Jail, Bathinda.

22. May, 2000: Darshan Singh, a convict died in Central Jail, Jalandhar.

23. May 25, 2000: Dalip Singh(50) son of Ranjit Singh, a resident of village Mithubasti in Jalandhar district died in Central Jail, Jalandhar.

24. August 31, 2000: Pheera Singh(53), an undertrial lodged in Central Jail, Ludhiana died in the jail.

25. October 31, 2000: Gora Masih, son of Sohni Masih, a resident of village Sanehia in Batala District and loged in Central Jail, Gurdaspur died due to TB.

26. November 1, 2000: Surinder Singh, an undertrial lodged in Central Jail, Gurdaspur, died in the jail.

27. December 12, 2000: Joginder Singh(85), an undertrial lodged in Central Jail, Gurdaspur, died in the jail due to non-provision of timely medical aid.

2001

28.January 1, 2001: Jagdish Singh, an undertrial, died under mysterious circumstances in Central Jail,Bathinda.

29.January 7, 2001: Ranjodh Singh(35), an undertrial, died while in Police custody of
Muktsar police. According to Police, when he was being taken for production in
court, he complained of chest pain and soon thereafter he died. But the inmates of
Muktsar jail says that the victim was hale and hearty when taken out and he was
beaten to death in police custody.

30.February 2, 2001: A Pakistan prisoner, Farookh was killed in Amritsar Central
jail by other inmates. No case has been registered except transferring three lower
class employees of the jail.

31.March 13, 2001 :A life convict Pardeep Singh alias Deepa (27), was found dead in Central
Jail, Patiala.
.
32. May 25, 2001: Gurnam Singh, an undertrial lodged in District Jail, Kapurthala died in the jail.

DISMAL STATE OF HUMAN RIGHTS IN INDIA

Even after more than five decades since India became a State party to the fundamental document of Protection and Promotion of human rights viz.. Universal Declaration of Human Rights adopted and proclaimed by the member states of the General Assembly of the United Nations on December 10,1948, what we see everyday is the rape and murder of human rights of its subjects by the State. The fundamental right to life and liberty enshrined in the Constitution has ostensibly remained an utopian idea and having regard to the changing social realities and emerging trends in the nature of crime and violence, transparency and accountability of the organs of the State have gone on a long holiday. We have forgotten that our character is the result of our conduct.

The highest duty of a ruler is to protect his subjects; the ruler who enjoys the rewards of his position is bound to that duty. The fundamental right to life and liberty is the paramount essential to human dignity and human happiness. Only the rule of Law could bring good governance in our country and it becomes the onerous responsibility of the government to strive for upholding rule of Law. The three tier Criminal justice system--- Law making process by the Parliament, investigative and enforcement process by the Police and implementation of the law by the judiciary, is an integral part of the country with good governance. But awfully all the organs have failed to come up to the expectations of the people and have become a means of self-interest rather than the common good of the people. Nobody seems to be interested to admit that "tyranny is the rule of one seeking his own interest. Oligarchy seeks the interests of the rich, democracy seeks the interests of the poor." The result of this apathy is that the crime against humanity is today screaming to unforeseen heights. Citizens deprived of their basic human rights suffer irresistible pain and suffering, particularly in the context of political unrest and violence in Punjab, Jammu & Kashmir, Assam, Andhra Pradesh, Bihar and Nagaland. The Government of India has come under heavy fire of accusations and allegations of gross violations of human rights of its citizens from all quarters and it was made known that violence can never be extinguished by violence nor private crime be put to sleep by State crime. This forced the rulers to take steps for repairing its dented image. The Protection of Human Rights Act,1993 was enacted for securing the Protection of human rights of the citizens of India. But as the wise saying goes, that the country which has too many laws has too little justice, India has painfully became one of the most vulnerable countries where human rights violations are the highest. This act alike other laws of the country have failed to stop the Communal riots, massacre of lower class people by feudal lords, indiscriminate killings and setting fire of people belonging to minority communities, mass genocide of particular religious community and killing thousands of civilians in the name of war.

Every day, media reports about killing of terrorists, security men and people belonging to particular community in different parts of the country worries every human being. Undoubtedly, the killer of a human life can never get respect in a civilised society. But everyday Criminal elements wearing the mask of Politicians and Policemen are rewarded by the people. Is it that we have lost our sense of thinking or our yardstick for good or bad has changed ?

PUNJAB - DARK CLOUDS OF STATE REPRESSION

Even after fifty years of India's Independence and ter-centenery celebrations of the Khalsa Panth, the State of Punjab suffers the wrath of Police brutality and indifference of State machinery towards the economic and political development of its subjects. The Problem which started with the religious fundamentalism in the forefront, attack on the supreme religious temple, Sri Darbar Sahib, Amritsar by the Indian army and killing of thousands of Sikhs across the country in November 84'anti -Sikh riots, mass genocide of Sikhs at the hands of butcher brigade of Julio F.Riberio, K.P.S. Gill and commanders like Ajit Singh Sandhu in Punjab and continuing onrush of Security forces have burnt the soul of every peace loving citizen. The nature burdened the people with so many tragedies that their eyes lost tears and they find no words to explain their grief and sufferings. Many torch-bearers of human rights and social activists paid the price of fearlessly treading the path of political justice with their lives. Grief stricken subjects cursed the foe that made their mother-land a bloody-battle field where the life lost its sanctity and every day either you or I could have fell to the prey of mis-deeds of the devils in uniform, the Punjab Police.

Whereas the official figures put the total number of "persons" killed in Punjab during the period 1985 till December, 1996 in their fight against so-called terrorism in the State, as 15,000 , various investigating agencies and N.G.O.'s after taking details of persons "missing" from their homes and counter-checking it with the Police records, describe the elimination of more than twenty five thousand Sikh Youth of Punjab by the Punjab Police as the most sordid event in the history of the country. No other state in the Republic of India, have suffered such a loss. The Congress Govt. under the draconion leadership of Beant Singh, the slain Chief Minister of Punjab, lent free hand to the Police force headed by "Super Cop" K.P.S.Gill which created a situation where even the subordinate level of police functionary became the Judge, jury and the executioner. Boys were picked up from their houses or fields and taken blindfolded to isolated places and asked to run and a burst of AK-47 rifles culminated their story in the next day's newspaper which reported, " The police was ambushed by a gang of militants led by the Chief of ABC (Sikh militant organisation) and in the ensuing encounter five militants were killed and 4 AK-47 rifles and a large catche of arms and ammunition was recovered from them." But no body dared to ask as to why not even a single bullet hit the Policemen in the cross-fire. Hundreds and thousands of policemen got out of turn promotions, monetary rewards and postings of their choice for their "heroic" deeds. One feels sad that the State and the Judiciary abets this crime in uniform by remaining silent.I felt ashamed as a human being when the High Court of Punjab & Haryana used to dismiss hundreds of Habeas Corpus petitions filed by parents of the "missing" Youth after receiving the Police report that on such and such date the detenue was killed in an encounter or that the detenue is not in their custody. Even a Writ Petition filed by the Punjab & Haryana High Court Bar Association, Chandigarh in the High Court of Punjab & Haryana for seeking inquiry into the alleged "Killing" of a fellow Lawyer and Human Rights Activist, Kulwant Singh of Ropar and his wife and two years old child at the hands of Ropar Police was dismissed with objectionable comments against the Lawyer community for observing a month long strike against the dastardly killing. Later on, the Supreme Court passed unprecedented strictures on the High Court and ordered a C.B.I. inquiry into the alleged killing. The C.B.I. in its report submitted to the Supreme Court held the Ropar police responsible for the heinous crime of killing the Lawyer,his wife and two years old child, which ultimately resulted in the trial of One D.S.P. and four police inspectors of Punjab Police.

It is another story that now all the police officers are roaming scot free and intimidating witnesses with impunity.

To sum up, Police acts of commission, corruption and barbaric methods of torture, kidnapping and ransom, false encounters, summary executions and custodial deaths put to shame any civilized society, but the State Government had gone on a long vacation with its eyes and ears closed to the unending tale of woes of the victims. Police terror was breaking the backbone of the State , On the one hand, whereas poor economic condition of the agriculturists due to indifference of State Government in meeting their demands of adequate water and fertilisers on subsidy on the other hand ,besides rampant corruption, mal-treatment of weaker classes, mis-administration of Govt.departments, Landed this State into a situation where rule of baton replaced the Rule of Law. The assassination of the Chief Minister, Beant Singh on 31st October,1995 paved a way to the end of corrupt and inhuman Congress Rule in the State. The Shromani Akali Dal-BJP which had been in the forefront of inciting the village folk across the State against the Congress regime, jumped into the election fray and decided to fight the by-elections jointly , held in January,1997. They promised the end of "Police Raj" and justice to the victims of State terrorism, besides releasing all the TADA detainees lodged in different jails in Punjab . Establishment of corruption free administration, respect of Human Rights of the subjects and giving loans and facilities to the farmers were the prominent issues on which the Shromani Akali Dal contested the elections. Expectedly, the SAD-BJP alliance got a sweeping majority by routing the Congress with only four seats in the State Assembly. With the Akali Dal-BJP govt. coming to power on February 12,1997 came the recognition that the State needed a new type of police force, one which would protect the citizens against crime and ensure their rights were not violated. The People of the State heaved a sigh of relief and hoped for a better tomorrow without any Police brutality and corruption-free administration.
But all their hopes have turned to ashes. After assuming the reigns of the State, the first thing which the Chief Minister of Punjab and the President of the Shromani Akali Dal ,Mr. Parkash Singh Badal, did was to order the withdrawal of C.B.I. enquiry against his confidant, Mr. Bikramjit Singh and the withdrawal of TADA cases against thirty one politicians including himself. Not even a single police officer was condemned for his acts of vandalism. No corrupt civil servants were taken to task, rather a new policy of hiding every wrong in the administration gathered force. The farmers already burdened with the financial crunch and lack of farming facilities were denied free water or electricity and the situation was made to reach a point where hundreds of farmers under the fear of debt committed suicide with the State not even showing any pity on their conditions. In Bhatinda District alone as many as seventy farmers reportedly committed suicides due to failure to pay off their debts. The plight of the families of such helpless citizens could be well imagined. Gurdaspur Distt.with largest number of suicides described the pathetic conditions of the agriculturists in the State.

The illiteracy level of the State saw a considerable decline owing to indifference of the State machinery in maintaining govt. school buildings and posting of adequate teaching staff in the rural areas. As per the report submitted by the Secretary Education, Punjab, on a Petition filed by our Organisation, Lawyers For Social Reforms in the Punjab State Human Rights Commission, Chandigarh , it has been awfully admitted that there are only 649 School buildings in the State which are in dilapidated condition. Only 2003 schools of primary, middle and Senior Secondary level Lack teaching staff and more than 10 million rupees are required for providing basic amenities such as drinkable water and toilets in the school buildings. As per our initial investigations, majority of children in rural areas of Punjab prefer doing labour then going to school. Increasing problem of unemployment is one of the reason for this situation. At present, there are more than two lakh educated unemployed and equal number of illiterate unemployed youth in Punjab. Brain drain and extremist movement is another piquant question remains to be answered. No body seems to be worried about the country or the State, and rampant corruption and free-for-all policy has further aggravated the deteriorating law and order in the State.

The Punjab police even today maintain private goons, patronize criminals ,grab lands belonging to poor and weak, uses muscles to crush opposition. Everyday excessive use of baton with an occasional dangling of a carrot is made in most of the Police stations in Punjab. It is quite often said here that when policeman could not solve the problem, he himself becomes part of the problem. Today, the State has "bestowed" awesome powers to the Police force. Tragically, the perspective, value and ideals in life which makes him responsible are lacking. In the forgotten corners of dusty Police stations, lathi and roller continue to make harsh contact with flesh and bone. The devils in uniform have sat in judgment over their own case and made the judiciary redundant. This violates the principles of natural justice and subverts the very basis of the Rule of Law. Only the innocent people of the State who daily undergo the traumatic agony of police brutality can tell that a policeman is more ferocious than the wildest animal. If today people hesitate to go the Police station and their eyes get pale color on seeing a Policeman, much of its credit goes to the Punjab Police.

What is more shameful for the citizens of the State is that inspite of speaking loud and high about upholding the Rule of Law and giving opportunity to the released militants to bring them into the national mainstream and rehabilitate themselves, by the Chief Minister of the State, the Director-General of Punjab Police, Mr. P.C.Dogra and his brigade is picking up Ex-militants from their homes and planting cases of explosives and other arms and ammunition and claiming in widely publicised press conferences that these terrorists were arrested while attempting to Kill V.V.I.P.'s of the State and their family members. And the Chief Minister of Punjab have turned a blind eye towards the plight of the citizens who had voted him to power. No body says that Crime should not be controlled, but when the basic Human Right to life and liberty of the citizens on a mass scale are eroded by the State forces, then no words of condolence can heal the wounds. Even the Lawyers, Human Rights Activists and media men are being targetted and implicated and provoked by the D.G.P. himself when he shouts that " Eye is being kept on Human Rights bodies" and
"Most Human Rights bodies funded by militant organisations abroad" and the slogans of the like.

The Chief Minister of the State had declared on 2nd October,1997 that the cases of all those prisoners who are languishing in jails under TADA and other crimes would be considered and they will be released within a short period. But the declaration was forgotten soon thereafter and even till today, there are more than 20,000/- Sikh youth who had nothing to do with the militant activities and they are languishing in jails as it was in the Congress regime in 1992-96. I do not find any words to differentiate this government with the Congress Government of Beant Singh . Now the Chief Minister of the State have also started making provocative statements by saying that " Peace would be maintained in the State at all Costs." But for the sake of humanity, Let me advice the rulers of the State that the people of the State wants peace in the State but not at the cost of lives of innocent people who have nothing to do with the Crime or any criminal activity. And the peace of the State must be restored , but not by nailing the innocent citizenry of the State but by bringing to justice all those Police officers who have committed atrocities on the human beings taking themselves to the the Judge, Jury and the Executioner.
I cannot do anything except striving for the upholding of the Rule of Law in this land of the Saints and praying to the almighty to give senses to the Rulers of the times enabling them to respect the Human Rights of the Citizens and do full justice to each and every subject of the State.

(ARUNJEEV SINGH WALIA)

"4 cops sentenced to Life Imprisonment in Custodial death case" -- A positive analysis

Chandigarh.
17th May, 2001

The judgement of a Sessions Court at Ropar sentencing 4 Punjab police personnel to life imprisonment in a case commonly known as "Hassanpur Custodial death", on 15th May,2001 has assumed significance for more than one reason. Human rights activists term it as a landmark judgment in the human rights era of the country.

Devinder Singh alias Bhola, son of Gurmukh Singh aged 21 of Village Hassanpur in District Ropar (Punjab) was picked up from his house, along with his younger brother Sapinder Singh and two of his friends, Inderjit Singh and Karnail Singh of the same village by a police party headed by Inspector Didar Singh,SHO Police Station, Anandpur Sahib, Distt. Ropar and consisting of Sub-Inspectors Malvinder Singh Malhi, Gurcharan Singh and Constable Manjeet Singh and Special Protection Officer, Devinder Singh on the ill-fated day of 18th September, 1999 at about 4. a.m. and taken to CIA Staff, Ropar where all of them were subjected to inhuman third degree torture by the above named police officers, besides one retired Assistant Sub-inspector Sant Singh, whose services were taken only for subjecting third degree methods upon the suspects. All the four were suspected of keeping an assault rifle in the fields of the village. While Sapinder Singh, Inderjit Singh and Karnail Singh suffered serious bodily injuries due to extensive torture, but survived, Devinder Singh could not bear the torture and succumbed to his injuries in the CIA staff, Ropar in the evening of 18th September. His dead body was brought to Civil Hospital, Ropar by Sub-Inspector Malvinder Singh Malhi of CIA Staff, Ropar at about 8.35 p.m.

When the villagers of the village and the relatives of Devinder Singh raised great hue and cry and even laid a road blockade outside the Civil Hospital, Ropar, the police authorities reluctantly booked four policemen for the custodial death. A team of Lawyers for Human Rights International and Lawyers For Social Reforms, Chandigarh, also conducted an on-the-spot investigation and found that not only the police officials but the doctors conducting the post-mortem examination and the civil administration tried its best to save the guilty policemen. A strange fact was brought to light by the lawyers that one retired cop, named Sant Singh had tortured the deceased and other victims, whereas he was not shown posted in the CIA Staff. It was revealed that he was employed only for torturing the people in the CIA staff, and was given the salary in the name of some inexistant person. The lawyers bodies released its investigation report in September,1999 holding Inspector Didar Singh, Sub-Inspectors Gurcharan Singh, Malwinder Singh Malhi, Constable Manjeet Singh and SPO Davinder Singh besides retired ASI Sant Singh, responsible for the custodial death of Devinder Singh and also expressed displeasure over the role of doctors as well as judicial magistrate, Kharar,Distt.Ropar in helping the accused policemen.

Succumbing to public pressure and expose of its mis-deeds by the Lawyers bodies, the Ropar Police registered a murder case against Inspector Didar Singh, Sub-Inspectors Malvinder Singh and Gurcharan Singh, retired Sub-Inspector Sant Singh, Constable Manjeet Singh and SPO Davinder Singh. They were arrested and sent to judicial custody. Later on, retired ASI Sant Singh was got discharged by the police and all the remaining police officers named above except Sant Singh, were brought to trial for the murder of Devinder Singh alias Bhola in the Court of Mr.Maghar Khan, Sessions Judge, Ropar. While all other accused except Sub-Inspector Malvinder Singh Malhi were enlarged on bail, Malhi was lodged in Central Jail, Patiala.

It is a first case of its kind where few strange things had happened. Firstly, the role of retired cops like ASI Sant Singh in torturing the suspects in the CIA staff, came to light. Secondly, its' the only case where the police had registered the FIR relating to the death of the deceased on the statement of Sub-Inspector Malvinder Singh Malhi, and later on booked the same police officer for the murder of the deceased. It proves that the police left no stone unturned to manipulate the records. but had to follow the rule of law when cornered by the people and the Laywers body. Inspector Didar Singh, the SHO of the Police Station, who had claimed innocence was also charged for the first time in the murder case alongwith other policemen which is also not a normal thing. Another strange event has been highlighted in the present case for the first time which is not ordinarily heard in Punjab. It was alleged that even after his detention in jail, Sub-Inspector Malvinder Singh Malhi was roaming outside the jail, on the pretext of getting medical treatment in civil hospital and visiting the village of the complainant and he threatened the witnesses of dire consequences in case they deposed against him. On the complaint of the father of the deceased Devinder Singh, the Ropar police booked him once again for intimidation and threatening the witnesses. Then it was also strange that Sub-Inspector Malwinder Singh Malhi had accused the men of his own force, with torturing him while in judicial custody. In a separate complaint filed in the Punjab State Human Rights Commission, Malhi has alleged that he was picked up from the civil hospital, Patiala by a police party of Ropar Police and was tortured in the presence of SSP, Ropar at the instance of Inspector Didar Singh, because he had dared to expose the mis-deeds of the senior police officers. This is not the end of the surprises. This is also for the first time, that the Punjab State Human Rights Commission, who was approached by the father of the deceased recommended to the State government to pay a sum of Rs.2.50 lacs as interim compensation to the next of the kin of the deceased and Rs.50,000/- to each victim who were subjected to third degree torture.

Interestingly, Gurmukh Singh, father of the deceased and the complainant in this case, had also approached the High Court, seeking transfer of the trial from Ropar to some other place, with the apprehension that the accused police officers may tamper with the evidence or put pressure on the witnesses. But later on the said application was ostensibly withdrawn, even though Sub-Inspector Malwinder Singh Malhi also expressed similar apprehensions and demanded the transfer of the trial to Chandigarh. For unexplained reasons, the trial of the case remained stayed during the pendency of the matter before the High Court.The accused police officers succeeded in purchasing the two eye-witnesses. Inderjit Singh and Karnail Singh the two prime witnesses who were also tortured by the accused policemen, surprisingly turned hostile by denying that they were ever tortured. But the brother of the deceased namely Sapinder Singh and complainant Gurmukh Singh, besides other witnesses stood to truth and supported the prosecution story. It was also for the first time, that the prosecution of the State had conducted the prosecution of the policemen sincerely and impartially and aptly assisted the court in getting the accused punished. Otherwise, in every case of custodial death, the prosecution conducts the case in a manner which ultimately result in the acquittal of the accused.

On the top of it, Mr.Maghar Khan, the Sessions Judge, Ropar also acted contrary to what was expected of him and behaved in a totally indifferent manner and acquitted Inspector Didar Singh, who was held to be leading the police party when the deceased was picked up from his house, inspite of solid testimony of the witnesses against him.

Be it as it may, the Lawyers For Social Reforms, express its satisfaction at the final result of the case. The guilty people have been finally punished. Its' a day when one feels really obliged to the rule of law. The judgment has reposed the faith of every law abiding citizen in the law of the land. Even though the acquittal of Inspector Didar Singh in the case is unfortunate, but it has certainly sent appropriate signal to the rowdy police force in the state that whosoever will take the law into his own hands, would have to pay for his excesses one day.

(ARUNJEEV SINGH WALIA)
General Secretary
Lawyers For Social Reforms, Chandigarh.
Chamber No.119, Distt.Courts,
Sector 17,Chandigarh. Ph: 0172-723187, 01762-51398
E-mail: waliars@glide.net.in

INVESTIGATION REPORT OF JETHU KE'S POLICE FIRING

Chandigarh: Feb.7, 2000

During a violence incident between the villagers of Jethu Ke, Distt.Bhatinda and police during the agitation against overcharging of fare by local bus operators, two dalit youths were killed in police firing and twenty people including a woman and fifteen policemen on 31st January,2000, at Village Jethu Ke, District Bhatinda. Over 60-70 villagers are still reported missing.

Information collected by a team of Lawyers For Social Reforms,Chandigarh from the villagers of Jethu Ke in District Bhatinda, revealed that for the past many days people were agitating under the banner of Bhartiya Kisan Union(Ekta) against the overcharging of fare by local mini-bus-operators. Inspite of bringing this illegality to the notice of Senior Civil authorities, when the culprits were not booked for cheating the people, the villagers laid a dharna on the railway line near the Railway Station on 30th January, 2000. On the intervention and assurance given by the Senior authorities including Deputy Commissioner, Phul, that a meeting of transporters and the village leaders would be called and the grievances would be amicably settled, the dharna was lifted. In the absence of Deputy Commissioner, the Additional Deputy Commissioner, Sh.Ajaib Singh Bhatti called a meeting of transporters and leaders of Bhartiya Kisan Union on 31st January, 2000. After about two rounds of talks when no result was in sight, the leaders of Bhartiya Kisan Union including its Distt.President Jhanda Singh, Buta Singh Burj Gill, Ruldu Singh Vice-President, Thaba Singh and Shingara Singh Gidar, walked out of the meeting in protest. Immediately on their coming out of the office of Additional Deputy Commissioner, the police arrested them and when the villagers sitting near the railway line learnt of this, they again sat on dharna on the railway line. On receiving information, heavy contingent of police force led by S.P.(Operations) Bhatinda, Sh.M.S.Chinna reached the spot. During this period, the U.V train coming from Tapa railway station also came near Jethu Ke railway station. Protestors stopped the train from going further. All the efforts of the Civil and Police authorities to pacify the protestors and lift the dharna failed and the villagers threatened to continue the dharna till their leaders are released. Villagers allege that the police at first fired tear gas shells and then resorted to heavy lathi charge. After this when the people started dispersing in small groups, then police followed them and fired at them as a result of which two Dalit youths namely, Des Pal Singh alias Desa, son of Buta Singh and Gurmit Singh son of Mithu Singh were killed whereas Bhola Singh, Bogha Singh, Bhalwant Singh and Jasvir Kaur were seriously injured. Deceased Gurmit Singh was the father of two small children and Des Pal was still bachelor. Local MP Comrade Bhan Singh Bheora and members of opposition showing the empty gun shells in the houses of the villagers alleged that the policemen intruded into the houses of innocent villagers and during indiscriminate firing killed two youth and injured many others. He demanded the registration of a criminal case against the officer on whose orders indiscriminate firing was resorted to and a judicial inquiry into the incident besides compensation to the next of kin of the deceased and injured .

According to Police, a large mob had assembled led by the leaders of Bhartiya Kisan Union (Ekta) and on the instigation of the union leaders the violent mob attacked Senior Civil authorities and policemen present on duty.Sh.Jatinder Jain, Senior Suprintendent of Police Bhatinda who was present in Civil Hospital, Rampura Phul had reportedly told the press correspondents that on the provocation of leaders of Bhartiya Kisan Union , the villagers attempted to torch the train, but the police acting swiftly prevented them from doing so and sent the train back to Tapa railway station. He also told that in the presence of Duty Magistrate, the villagers were warned through public address system to lift the dharna, but instead, the violent mob attacked the police with brick-bats and fire-arms. As a result, 14 policemen including Sh.M.S.Chinna, S.P.(Operations) Bhatinda and Sh.Surjit Singh, D.S.P.(Operations) Bhatinda, Sh.Surjit Singh, D.S.P.Phul and Sh.Mohinder Kumar S.H.O.Rampura Phul, were injured. After firing tear gas shells, the police fired in the air in their defence. In the darkness two dalits were killed. The Police chief accused the leaders of Bhartiya Kisan Union of spoiling the atmosphere only for the sake of their political gains. He said that the village panchayat has also condemned the union leaders for spoiling the situation. In this regard, Railway police has registered an F.I.R. in Police Station Bhatinda under Sections 307, 382, 333, 506, 188, 148, 149, 427,353,186 IPC, 25,27,54,59 Arms Act, 146,147 and 174 Railway Act. Injured policemen have been admitted to Civil Hospital, Rampura Phul. The postmortem of the two youth killed in the incident was also conducted by the doctors in Civil Hospital, Rampura Phul.

It may be worth mentionable here that the Lok Sabha M.P. from Bhatinda, Comrade Bhan Singh Bheora, Distt.Secretary of C.P.M. Com.Darshan Singh Mahiraj, Zonal leader of Bhartiya Kisan Union(Ekta) Sh.Gurdev Singh Dradi, Distt.President of Kisan Sabha Sh.Kartar Singh Mandi Kalan, Distt.President of Khet Mazdoor Sabha, Com.Gama Ram and other leaders while condemning the unprovoked firing on innocent villagers termed it as uncalled for. They accused that the police by intruding into the houses of the villagers not only killed two innocent dalit youths, but also injured Jasvir Kaur, sister-in-law of deceased Gurmit Singh and Bhola Singh, Bhoga Singh, Kulwant Singh etc. Com.Bhora showed three live and three used cartridges found from the house of the deceased Gurmit Singh. He said that the two killed youths had no affiliation with the Bhartiya Kisan Union. One was a labour and another a worker with an agriculturist. He also said that the police did not allow the villagers to participate in the cremation of the two deceased and allowed only five men and women to attend the last rites. After holding a prayer meeting in the village, a large gathering of villagers led by Com.Bhora and few other leaders reached the cremation grounds and paid their last respects to the killed youths. It is appropriate to mention here that the police had laid siege to the cremation ground and entire village besides sealing the Railway Station. The village was turned into a police contonment. Com.Bhora and leaders of different political parties have demanded immediate suspension of the officer who ordered indiscriminate firing on innocent villagers and registration of a murder case against him . A judicial inquiry, besides the payment of interim compensation of Rs. 1 lac each to the next of kin of the deceased and Rs.10,000 to the injured in the incident has also been demanded. Expressing fear of torture and elimination of "missing" villagers in police custody, the people have also demanded their immediate release.

Deputy Commissioner, Bhatinda assured the team members that a magisterial inquiry would be held into the incident. He lauded the role of police in using restraint. He said that two youths lost their valuable lives only for a rupee and injured at least two dozen policemen. When asked about the administrative officers who were not available on the fateful day, he said that he himself was on leave. A.D.C. Ajaib Singh Bhatti said that he had gone to make arrangements for transporting the railway passengers to their destinations.

In our considered view, it is a blatant case of State Excesses committed by the very people who were supposed to protect the citizens and being the Chief of the District Police, the S.S.P. Bhatinda is squarely responsible for this dastardly act. After finding enough proof and eye-witness account of Indiscriminate Police Firing by intruding into the houses of the un-armed villagers, we could not find words to express the anguish and grief the poor residents of Village Jethu Ke have been undergoing. It would be most appropriate if the State Govt. itself orders the registration of Criminal Case against the guilty police officials including the Senior Superintendent of Police, Bhatinda for playing with the lives of the villagers and ordering an interim compensation of Rs. 1 lac each to the next of kin of those killed and Rs.10,000/- each to the injured persons.

(ARUNJEEV SINGH WALIA)
General Secretary

INVESTIGATION REPORT INTO THE ILLEGAL DETENTION AND TORTURE OF RANDHIR SINGH OF LUDHIANA BY PUNJAB POLICE

CONDUCTED BY;-

LAWYERS FOR SOCIAL REFORMS, CHANDIGARH
CHAMBER 119, DISTRICT COURTS, SECTOR 17,CHANDIGARH

Ludhiana
23.3.2001

Another case of Police torture in CIA Staff, Ludhiana has raised a serious question about the role of Punjab police in continuing human rights violations of innocent citizens.

Randhir Singh, son of Bhan Singh, aged 22 years is a resident of H.No.2011, Street No.3, Abdullapur Market, Ludhiana. He is an under graduate with diploma in Computer sciences. His father is a daily wage mason. The family is a middle class family with no extra money to indulge in expensive litigation. The family had a civil litigation with an industrialist named Kishan Singh who is also the President of a Local Gurdwara and maintains good relations with senior political leaders of the ruling party in Punjab. A civil court had given a stay order in favour of the family of Randhir Singh way back in 1983 restraining the parties not to dispossess them from their land.

With a view to pressurize the family for handing over their industrial property to Kishan Singh, he got Bhan Singh implicated in a false case of attempt to murder in Police Post Bus Stand, Ludhiana in 1999. Bhan Singh was later acquitted of all the charges by the court. After his acquittal, he filed a civil case in a court against the Punjab State and Kishan Singh and others which is still pending.

In order to settle his score, Bhan Singh was again abducted by Chain Singh, Station House Officer of P.S. Model Town, Ludhiana on 10th December, 2000 at the behest of Kishan Singh. He was subjected to inhuman third degree treatment and threats to life of his family members if he failed to hand over the disputed property to Kishan Singh. His son Randhir Singh, knocked at the doors of Punjab & Haryana High Court and a Warrant Officer was appointed by Punjab & Haryana High Court which found Bhan Singh in the illegal custody of Police officer. He secured the release of the detainee. The Habeas corpus petition in that connection is still pending in the High Court.

Few days later in January, 2001, Kishan Singh using his political connection with one local leader Amarjit Singh Bhatia, President of Akali Dal (Badal) got Randhir Singh implicated in a false case under Narcotics Drugs and Psychotropic Substances Act through Inspector Narinder Bedi, Station House Officer of Police Station CIA Staff, Ludhiana. He was picked up from his house on 6th January, 2001 and taken to CIA Staff, Ludhiana. No information was given to him or his family member about the offence he was allegedly accused of. No Complaint or F.I.R. was registered against him at that time. In the CIA staff, he was made nude and subjected to inhuman third degree torture. His hands were tied at his back with a piece of cloth and with the help of a rope, he was lifted upside putting all pressure of the body on his tied hands. His legs were stretched apart at 180 degree and given good beating. He was repeatedly asked to withdraw his petition in the High Court regarding the abduction of his father and also to stop all legal battles against Kishan Singh. On his refusal to do so, he was threatened of being falsely implicated in a case for possessing narcotic drugs. He was also forced to name his father in the offence of drug peddling which he refused to do. After subjecting him to inhuman torture, he was at last booked in the false case under NDPS Act and produced before the Judicial Magistrate, Ludhiana who remanded him to judicial custody. From the jail, he sent complaints to the Chief Justice of Punjab & Haryana High Court, Director-General of Police, Punjab, Punjab State Human Rights Commission and National Human Rights Commission describing the wrong done to him. He was later granted bail by the Court on 25th January, 2001, but due to apprehension of further implication and torture at the hands of the police, his parents did not submit the bail bonds and he remained in judicial custody till 15th March, 2001. During the period of his detention in jail, his parents remained out of their house because Kishan Singh had been threatening them of more harassment if they followed their cases in the High Court against him and the police. On 15th March, 2001, the son of Kishan Singh rang the father of Randhir Singh and threatened him that they will not sit silent and will try to cause more harm to his family. Randhir Singh moved the Punjab & Haryana High Court for adequate protection of his life and liberty from Kishan Singh and policemen. He has been provided two official Personal Security Guards at State expense on the orders of the High Court. But still, his family members have not returned back and are living under constant fear of Police and their opponent Kishan Singh. Interestingly, one local Akali Leader Amarjit Singh Bhatia is repeatedly calling Randhir Singh at his house to withdraw all cases against the Policemen and Kishan Singh as they are close to him failing which Randhir Singh would be further implicated in other false cases. But Randhir Singh has shown exemplary courage and is committed to take the culprits to the court and get them punished.

(ARUNJEEV SINGH WALIA) GENERAL SECRETARY

WORLD HUMAN RIGHTS DAY-10TH DECEMBER, 1999

To coincide with the commemoration of the millenium's last "World Human Rights Day", falling on 10th December, 1999 a function is being organised by Lawyers For Social Reforms,Chandigarh and Ahsaas, Human rights organisations at District Courts complex, Sector 17, Chandigarh at 12 p.m. where Policemen who committed human rights violations in the name of their contribution towards restoration of peace in the State of Punjab during the past as well as presently will be awarded by cash prizes and other awards. The organisers invite nominations from people from all walks of life proposing the names of Police officials who they think deserve the award, highlighting the acts of omission or commission while discharging their duty or otherwise. Proof of such cases may also be sent. The persons whose nominations bagged awards would also get 3 cash prizes of Rs.5000/-, Rs 2000/- and Rs.1000/-. The nominations must reach at the Registered Office of the organisation at Chamber No.122, Distt.Courts, Sector 17, Chandigarh not later than 5 p.m. of 5th December,1999. All the members of general public, press, police forces are invited to grace the occasion on 10th December, 1999.

Gentlemen, offended at the outbursts of the worthless-Supercop, Mr.K.P.S.Gill that the "men in uniform have been denied their right, we decided to honor the men of his ilk from the dias of human rights organisations. Comparing the acts of omission and commission committed by officers of Punjab Police with other police forces across the country, unanimity evolved over honoring only Punjab police men today, notwithstanding a record of numerous cases of human rights violations by uniformed men in other parts of the country. The purpose of this function is two folded. In the perspective of human rights situation in the state, it will drive home the message to the dreaded Policemen that the masses are agitated over the transgression of their human rights by the Police and if it is not stopped, the situation may go out of control and the people will come out on the street against Police highhandedness. But differently for the police, this function is to honour all those policemen of Punjab Police who committed excesses upon innocent citizens with impunity and in the name of restoring peace in the state even cold bloodedly killed hundreds if not thousands of innocent youth in fake encounters.

The awards have been divided into eight categories without any discrimination of rank or pay among the nominees. The eight categories are :-

1. Most inhuman Police officer
2. Most cruel Police officer
3. Most corrupt Police officer
4. Most dreaded Police officer
5. Most notorious Police officer
6. Most hated Police officer
7. Most condemned Police officer
8. Most indispensable Police officer

Nominations were invited from the Policemen and general public on 1st December, 1999. Till 7th December, a total one hundred and ninety nominations were received under different categories. Interestingly, none of the police officers dared to file their nominations. Almot all the nominations have been filed by the victims of the nominated police officers on their behalf, highlighting their atrocities under different categories. The following is the exhaustive list of the nominations under different categories.

Most Inhuman Police Officer Most Cruel Police Officer
1. K.P.S.Gill,former D.G.P. 1. Ajit Singh Sandhu,former SSP(Posthumously)
2. J.F.Riberio,former DGP 2. Didar Singh,Inspector
3. Sarabjit Singh, DGP 3. Balwant Singh Majitha, Sub-Inspector

Most Corrupt Police Officer Most Dreaded Police Officer

1. S.P.Singh,Dep.Suptd. Cent.Jail,Patiala 1. Fateh Faqir Singh, ASI
2. Amarjit Singh, Supt.Central Jail, Gurd. 2. Raj Singh, Inspector
3. Balwant Singh Majitha, Sub-Inspector 3. Surjit Singh Grewal, DSP
4. Satish Malhotra, Sub-Inspector

Most Notorious Police Officer Most Hated Police Officer

1. Budh Singh, Inspector 1. Balwant Singh Majitha, Sub-Inspector
2. Didar Singh, Inspector 2. Jaspal Singh,Deputy Superintendent of Police
3. Malvinder Singh Malhi, Sub-Inspector

Most Condemned Police Officer Most Indispensable Police Officer

1. K.P.S.Gill, former D.G.P. 1. Sant Singh, Inspector(Retd.)
2. Capt.S.P.Singh, Depy.Suptd.,Cent.Jail 2. Balwant Singh Majitha, Sub-Inspector
Patiala. 3. Rajinder Singh, DSP(Re-instated)
3. Pritam Singh, DSP 4. Malvinder Singh Malhi,Sub-Inspector

The above list is conclusive and more than three Police officers have been nominated in more than one category finding their dubious role in committing human rights violations. The role of each nominee in specific cases of human rights violations was highlighted in the glittering award ceremony. Awards in the form of Instruments of Torture such as Wooden Sticks, Iron Roller, Shikanjas, Patta, Dynamo operated electrical battery, Ghotana etc. were announced to the deserving police officials, besides cash prizes of Rs.5000/-, Rs.3000/- and Rs.2000/-. The persons whose nominated officer is awarded the prize, also received a cash prize of Rs.5000/-, Rs.3000/- and Rs.2000/- respectively. There were no runners-up and only one prize per category was announced. The process of filing nominations for the millinnium's Worst Police Officers' awards completed on 8th December,1999. A total One hundred nominations were received out of which seventy five nominations were rejected for want of sufficient proofs and other technicalities. After scrutiny, only twenty five nominations under eight categories have been finally selected for scrutiny by a panel of five judges on 9th December, 1999.

A panel of Judges headed by Mr.Amar Singh Chahal, Advocate, scrutinised the nominations on 9th December, 1999 and announced the final awards on the basis of contribution made by each nominee. Besides giving awards to the winners, special cash prizes were also declared to be given to the persons whose nominations bagged the awards.

Out of the above nominations, the awards in each category goes to :-

Most Inhuman Police Officer Most Cruel Police Officer
K.P.S.Gill,former D.G.P. Ajit Singh Sandhu,former SSP(Posthumously)

Most Corrupt Police Officer Most Dreaded Police Officer
Balwant Singh,Sub-Inspector Surjit Singh Grewal, DSP

Most Notorious Police Officer Most Hated Police Officer
Didar Singh,Inspector Balwant Singh Majitha, Sub-Inspector

Most Condemned Police Officer Most Indispensable Police Officer
K.P.S.Gill, former D.G.P. Sant Singh, Inspector(Retd.)

ARUNJEEV SINGH WALIA
General Secretary
Lawyers For Social Reforms,
Chandigarh.

INVESTIGATION REPORT INTO THE POLICE IN-ACTION IN THE CASE OF MURDER OF A YOUTH OF PANCHKULA.

CHANDIGARH
15.6.2001

With heavy heart, the Lawyers For Human Rights International, expresses concern at the murder of Sandeep Kumar(21), son of Karam Chand, a city resident on May 21, 2001.

The investigation into the murder of Sandeep Kumar, a 21 years old youth of Chandigarh in Panchkula on May 21, 2001 was conducted by a team of Lawyers For Human Rights International, consisting of Tejinder Singh Sudan, District President of the Chandigarh Unit, Arunjeev Singh Walia and Yogesh Kumar Vinayak.

The deceased Sandeep Kumar, aged around 21 years, was living with his parents and younger brother at House No.695-B, Sector 46-A, Chandigarh. He was the elder son of Karam Chand and Kaushalya Devi. He was supervising the construction work of his aunt's house at H.No.537, Sector 19, Panchkula. On May 20, 2001 he went to H.No.537, Sector 19, Panchkula at about 7.30 a.m. But did not return back. On May 21, 2001, his mother was informed through telephone by the Panchkula police that the dead body of her son Sandeep Kumar was found lying on the railway track near Sector 19, Panchkula. Her younger son Rakesh Kumar went to the spot alongwith one of their neighbour. They found that the dead body of the deceased bore injuries on the head, face, knees and heels of his feet and from every angle it was looking like a cold blooded murder. The broken buttons of his trousers and blood oozing out from his mouth and other parts were indicative of forcible act with him. But the police did not take any action on the ground that it was a suicide. The parents of the deceased suspected the involvement of one of their relative Chanchal (her sister's son) into his murder. It was learnt that the deceased had taken drinks alongwith Chanchal and one person called Pardhan in House NO.537, Sector 19, Panchkula till 11 p.m. on the ill-fated night, but how and who killed him is yet to be investigated. But the Panchkula police closed this case as a suicide and have even failed to register the F.I.R. of murder. The mother of the deceased is a distressed lady as her husband had become mentally retarded few years ago in a road accident and their is no male member to look after the entire family. She has made many representations to Senior Police authorities inclduing the Director-General of Police, Haryana seeking their indulgence in getting the truth behind the cold blooded murder of her son, Sandeep Kumar. The body strongly recommend that the Panckula police should register an F.I.R. under Section 302 IPC against the guilty accused after thorough investigation into the offence.

CHANDIGARH ( TEJINDER SINGH SUDAN )
DATED;15.6.2001 President, Chandigarh Unit

(ARUNJEEV SINGH WALIA) (YOGESH KUMAR VINAYAK)
Member Member

People's Commission, Banned:

I wish to come on record by calling the Judgment banning People's Commission on human rights violations in Punjab as arbitrary, vindictive and a slur on the institution. It would not be unjust to say that this document is the worst gift from the Punjab & Haryana High Court to the new millennium. The judgment has baffled many human rights organisations associated with the activities of the People's Commission.

The human rights activists were not surprised at the decision of the High Court. What surprised them the most was that the judgment came after a gap of nine months after it was reserved for pronouncement on 13.3.1999. It has also brought to fore that not only the trial of the cases are delayed but the judgments are also delayed for reasons best known to the bench. This could by no stretch of imagination be blamed to the Lawyers or the Judicial system as such.

The issuance of a Writ banning People's Commission, a private institution run solely by non-govermental organisation has made a flutter of the judgment. Earlier a Writ could be issued by the High Courts only against the Government or a body run by the Government. The judgment in a way widened the scope of Public Interest Litigation, although no Public Interest was sought to be protected by the Petitioner except that the People's Commission has tried to denigrate the Law Courts and established a parallel judicial system to even raise a finger at the orders of the Law Courts where injustice was writ large. Thirdly, the purpose of the People's Commission has been vindicated by the said judgment. The Co-ordination Committee on disappearances in Punjab which constituted the People's Commission was trying to un-earthen the mass scale human rights violations in Punjab during the last over a decade, and in the process lost many precious human lives including that of Jaswant Singh Khalra, Kulwant Singh Advocate, his wife and two month old Child and many more, but by banning the People's Commission from carrying on its avowed objects, the High Court has confirmed in ice-cold words that human rights have no place in our society, where even High Court and Supreme Court Judges are driven by money, bias and relationships. It has also exposed its stance that nobody would be allowed to speak against the atrocities and brutality committed upon them by the Law enforcers. One cold question of law which makes me frighten still remains un-answered, Whether we are living in a civilised society ? Is our civilisation too narrow-minded and trashy that even freedom of Speech and expression could be denied in the name of upholding the dignity of the Law. After going through the lengthy judgment, every man with prudence fails to understand as to what offence or wrong the People's Commission would have committed if it had been allowed to function. The judgment is another blot to the Indian Judicial System and voice of the people for a total reform in the institution and accountability for the Judges now hold more solid ground than ever before.

(Arunjeev Singh Walia)
General Secretary
Lawyers For Social Reforms,
Chandigarh.

A MERE LIP SERVICE ?
Lackadaisical functioning of Punjab State Human Rights
Commission irks victims

RELEASED BY : -

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL
Chamber No.122, District Courts, Sector 17, Chandigarh.
Ph:0172-709356,781789,746122,723187
Fax: 0172-747434, Email: human@sancharnet.in

PART I

WHAT THE COMMISSION CAN DO

In exercise of its powers under The Protection of Human Rights Act, 1993, the Commission can do any or all the following things:

1. It can frame its own procedure for rendering effective, speedy and inexpensive justice to the victims of human rights abuses; (Sec.10)
2. It can take suo moto notice of any human rights violation reported by the media or any organisation or individual; (Sec.12)
3. It can hold an independent inquiry into the complaint of violation of human right only against a public servant (including policeman, government servant or even Minister) filed by any victim, individual or organisation on behalf of the victim. (Sec.12)
4. It can even hold an inquiry into the role of public servant for its negligence in prevention of violation of human rights; (Sec.12)
5. It can issue summons or warrants against any public servant for ensuring his/her presence before the Commission in relation to any complaint received by it against such public servant; (Sec.16)
6. It can inspect any jail or place of detention where any person is lodged or detained for the purpose of treatment, reformation or protection; (Sec.12)
7. It can study the living conditions of the prisoners lodged in jails and suggest remedial measures to improve the condition of the jail; (Sec.12)
8. It can hold study or review the factors leading to the acts of terrorism or armed struggle and make suitable recommendation to prevent further breach of fundamental rights of the citizens; (Sec.12)
9. It can make recommendations to the State government for the strict implementation of the International treaties and international covenants and conventions at every level of administration; (Sec.12)
10. It can undertake and promote research work in the field of human rights; (Sec.12)
11. It can publish literature, hold functions, start campaigning in order to spread human rights literacy among public servants and general public. (Sec.12)
12. It can involve or get involved in the human rights education and promotion movement initiated by it or any non-governmental human rights organisation and can encourage non-governmental human rights activists or organisations by highlighting their work in particular field; (Sec.12)
13. It can employ any number of persons from the investigation agency of the Central Government or State Government for conducting inquiries and investigation on its behalf; (Sec.17)
14. It can provide free legal aid to the victim of human rights violation at State expense;
15. It can maintain a reasonable distance between the State government and its functioning;
16. It can dispose of the complaints filed before it in a speedy manner and without calling the complainants before it on each and every date of hearing;
17. It can recommend to the State government or authority for initiating proceedings for prosecution or such other action against the concerned person or persons or for the payment of such immediate interim relief to the victim or the members of his family;(Sec.18)
18. It can submit its annual report or special reports on issues of human rights violation to the State government which in its opinion is of such urgency or importance that it should not be deferred till submission of annual report;

PART- II

WHAT THE COMMISSION CAN'T DO

1. It cannot inquire into any complaint of human rights violation after expiry of one year from the date of which the act is alleged to have been committed;(Sec.36(2))
2. It cannot entertain or deal with any complaint of human rights violation against a private individual; (Sec.12)
3. It cannot pass any order directing the State government or any particular public servant to do or to desist from doing anything. It can simply make a recommendation of advisory nature suggesting to do anything; (Sec.18)
4. It cannot conduct a surprise raid on any jail or place of detention including Police Station without giving prior intimation to the State government; (Sec.12)
5. It cannot initiate any contempt proceedings or haul up any public servant if he fails to respect or comply with its recommendation;
6. It cannot entertain or deal with any complaint whose subject matter is sub-judice in a criminal or civil court;
7. It cannot utilise the services of any person or organisation for investigation into any case of human rights violation except the investigation agency of the Central Government or the State Government;

PART -III

WHAT THE COMMISSION DOES NOT DO

1. It does not summons the concerned public servant against whom specific allegations of human rights violation are made;
2. It does not provide free legal aid to the indigent and poor victims of human rights violations to draft the complaint and plead their case before the Commission;
3. It does not keep follow up action on its recommendations and fails to ensure strict compliance of its recommendations;
4. It does not approach any court for compliance of its recommendations nor intervenes in any proceedings where the human rights of the people have been violated;
5. It does not ensure fairness in the investigation conducted by its investigation wing. Many a times, it accepts the report of the investigator for dismissing the complaint, inspite of unimpeachable evidence available on record to the contrary;
6. It does not hold on the spot inquiry by a member of the Commission into offences of serious nature like custodial deaths or Police tortures etc.;
7. It does not believe the statement of the victims even if given on oath and accepts the Police version of a bare denial of the complainant's allegations as gospel truth;
8. It does not doubt the integrity of the investigation wing, unmindful of the fact that its investigators belong to the agency against whom serious allegations of human rights violations have been alleged and every investigation report aims at exonerating the policemen allegedly involved in the human rights violation;
9. It does not maintain transparency in its functioning. It has failed to publish its annual report since its constitution in 1997. It has not submitted any special report to the State government regarding human rights violations in the State. It does not allow the general public to inspect its judicial record, nor it issues press statements highlighting its achievements;
10. It does not provide speedy, effective and inexpensive redressal of grievances of the victims; It gives any number of adjournments for awaiting report from the State government;
11. It does not provide sufficient material/literature which could help the victims in drafting the complaints and assisting the commission in dispensation of justice;
12. It does not encourage or involve any non-governmental human rights organisation in its activities;
13. It does not conduct surprise check in the jails nor ensure better living conditions for the prisoners by keeping a follow-up action on its recommendations;
14. It does not act as a deterrent for the erring public servants who feel pride in violating the human rights of the poor people;
15. It does not expose those policemen in the media, who have been repeatedly held guilty of human rights abuses by it;
16. It does not reprimand or indict a particular public servant of gross violation of human rights and suggest appropriate punishment for such offence;
17. It does not ensure that the amount of compensation awarded, (if any) by the Commission to the victim is actually recovered from the delinquent public servant after he is held guilty of the offence;

PART-IV
WHAT THE COMMISSION MUST DO

1. It must summon the concerned public servant against whom specific allegations of human rights violation are made;
2 It must provide free legal aid to the indigent and poor victims of human rights
violations to draft the complaint and plead their case before the
Commission;
3. It must keep follow up action on its recommendations and ensure strict
compliance of its recommendations;
4. It must approach the High Court for compliance of its recommendations and
should intervene in any proceeding where the human rights of the people
have been violated;
5. It should ensure fairness in the investigation conducted by its investigation
wing. It should not accept the report of the investigator for closing the case,
and should fairly consider the unimpeachable evidence brought on record
to the contrary;
6. It should hold an on-the-spot inquiry by a member of the Commission into a
case of serious nature like custodial death or Police torture etc.;
7. It should believe the statement of the victims if given on oath and should not
accept the Police version of a bare denial as gospel truth;
8. It should check the integrity of the investigation wing, after finding sufficient
reasons to doubt its investigation;
9. It must maintain transparency in its functioning. It must forthwith
publish its annual report and place it before the State assembly for
a discussion and action taken report on the recommendations of
the Commission. It must allow the general public to inspect its
judicial record, and should highlight its achievements through
press statements and other literature;
10. It should provide speedy, effective and inexpensive redressal of
grievances of the victims;
11. It should provide sufficient material/literature which could help the
victims in drafting the complaints and assisting the commission in
dispensation of justice;
12. It must encourage or involve various non-governmental human
rights organisations in its activities;
13. It must conduct surprise check in the jails to ensure better living
conditions to the prisoners by keeping a follow-up action on its
recommendations;
14. It should act as a deterrent for the erring public servants who feel
pride in violating the human rights of the poor people;
15. It should expose those policemen in the media, who have been
repeatedly held guilty of human rights abuses by it;
16. It should reprimand or indict a particular public servant found guilty
of gross violation of human rights and suggest appropriate
punishment to such offender;
17. It should ensure that the amount of compensation awarded, (if any)
by the Commission to the victim is actually recovered from the
delinquent public servant after he is held guilty of the offence;

PUNJAB POLICE---SHATTERING ITS IMAGE
Arunjeev Singh Walia

The unlawful activities and heinous acts of Punjab police even during the peace time have re-iterated the fact that they have scant respect for the law. The Senior police authorities had defended their men in the past for fighting terrorism and counter insurgency operations. For the sake of argument, let's presume it a valid defense. But would anybody tell why the men in Khakhi are committing human rights violations even today, when the police itself claims that the militancy has been flushed out for all times to come ? The former Police chief KPS Gill and Mr.P.C.Dogra had strenuously and studiously sought clemency for their men for their extra-judicial acts done by them during the days of militancy in the State on the ground that the people they were fighting knew no law, so they could only be tackled in the extra-judicial manner. But it would be a great folly to put such an argument which costs thousands of innocent lives for eliminating few hundred outlaws. Can any disciplined force in the country, afford its men to become terrorist and adopt the same methods as were done by the armed groups in the name of eliminating terrorism ? This precisely happened in Punjab during the days of State terrorism in Punjab. The tragedy has not ended. The same policemen sitting in the Police Station with more free hand to maintain peace at any cost, are committing more human rights violations than in the past. More than seventy nine custodial deaths in four years of popular rule, and thousands of complaints of Police highhandedness and custodial crime filed in the law courts are ample proof of the lawlessness prevailing in the Punjab Police. The involvement of a number of policemen in heinous crime of murder and custodial torture during the recent days have brought the force to disrepute. It is more shocking to learn that many ex-militants after their absorption in the police force, are showing their colours and committing terrorist activities in the garb of uniform. The murder of Avtar Singh in Ludhiana by an ex-terrorist and a Police informer, Inspector Gurmeet Singh "Pinky" in January and the cold blooded murder of an NRI girl Jaswinder Kaur Jassi by another ex-militant turned Head Constable Joginder Singh in Jagraon few days ago and torture of an innocent person by Inspector Manvinder Singh Bedi in Ludhiana, have exposed the criminal elements in Punjab Police. It is a matter of shame for the entire force that two of their Senior officers have been accused of molestation.

It is the result of judicial apathy and inaction of law enforcing machinery that today Police stations have become a place for illegal detention, torture and harassment of innocent people. To every accused, Police remand means a period where the Police is authorised to use third degree methods, like giving thrashing with Leather belts, tying upside down and applying heavy iron rods on legs and sensitive parts, giving of electric shocks on private parts and applying of petrol on vital organs. People feel afraid of going into a police station and quite often a hale and hearty person going to a police station has to be brought out on a stretcher due to injuries inflicted during Police Interrogation. No one including the State Human Rights Commission or the High Court has the courage to take suo moto notice of the inhuman treatment subjected to the victims in the Police Stations. It is because of this lackadaisical attitude, that in the last three years more than twenty five policemen have been booked for criminal offences committed by them. It is a matter of serious concern for the people at this sensitive juncture to save themselves from the Police highhandedness ? We have seen that the police fears nobody in this state of lawlessness. But public outcry and pressure built up by human rights organisations certainly puts the police in a difficult situation and they are forced to bow before the people's demand. In more than one incident of Police highhandedness, while Senior Police authorities were earlier openly shielding their men, but they were forced to book the guilty Policemen bowing to public pressure and street protests by the residents of the area.

Be it as it may, here I wish to highlight the three incidents of Police highandedness where three different lawyers were illegally detained, mis-behaved and mal-treated by the Station House Officer of different Police Stations in Punjab.

The first incident happened with Arunjeev Singh Walia, a human rights activist and a lawyer of Punjab & Haryana High Court on 4th october, 1998 when he had gone to Police Station Phase VIII, SAS Nagar, Mohali on court orders for meeting his client during Police remand. When he objected to the third degree treatment given to his client by the Police, he was illegally detained for more than four hours, mis-behaved, abused and assaulted by the Station House Officer, Assistant Sub-Inspector, Balwant Singh Majitha. The lawyer was saved after few lawyers accompanied by the President of the Punjab & Haryana High Court Bar Association forced the policemen to restrain from taking the law into their own hands. Later on a Petition was filed by the lawyer against the policeman in the High Court which was treated as Contempt of Court petition, but no effective hearing has taken place for more than two years. Ironically, inspite of the matter being brought to the notice of the then DGP, Punjab, Mr.P.C.Dogra, the erring cop remained posted in the same police station and recently he has been promoted as the SHO of a bigger police station.

In the second incident, Gurpal Singh Bains, a young lawyer of Chandigarh was falsely implicated in a case of abduction by the SHO of P.S. Kharar, Mr.Gurbinder Singh on 27th March, 2000. He was charged with conspiring to abduct a minor girl alongwith a boy with whom that girl had married against the wishes of her parents. It was later on revealed that the girl was major and had married with the boy of her own free will and was never abducted or raped. Then the police filed an application in the court for discharge of the lawyer in the said case. Interestingly, the main person who allegedly abducted the girl was not arrested but the lawyer was arrested and sent to judicial custody for two months. The SHO had threatened the lawyer that he will abduct his sister in the same manner as he had conspired to abduct another girl. The complaint filed by the Lawyer in the Punjab State Human Rights Commission is gathering dust since August, 2000 and the erring policeman is still serving at the same post with same lawlessness.

The third incident relates to the illegal detention and mis-behavior of Mr.Rajesh Kumar Sharma, a young lawyer of Chandigarh by the Station House Officer of Police Station Phase VIII, SAS Nagar, Mohali, Mr.Sukhwinder Singh on 4th March, 2001. He had gone to the Police Station alongwith another lawyer colleague to inquire about a complaint filed in the Police Station against the brother of a lawyer. Instead of showing the complaint, the S.H.O. started mis-behaving with the lawyer and threatened him that if he will not produce the accused before him, he will also be implicated in the false case which will be registered against the accused. They were allowed to go home only after they tendered written apology under force to the Policeman.

These incidents sufficiently prove that an open rivalry between the human rights lawyers and the police force in the State is inevitable where the lawless police force keeps upper hand as far as the question of free hand is concerned. Because most of the policemen are in the dock due to strenuous efforts of the human rights lawyers, they find the whole lawyer fraternity as their enemy and try to implicate or harass them in legal or illegal manner. If the Senior Police authorities and the law courts do not intervene at this crucial time, there could be very unpleasant situation with more lives to be lost at the hands of brutal Punjab Police.

Report of Judicial anarchy in protecting tainted police officers of Punjab Police

PUBLISHED BY;-

LAWYERS FOR SOCIAL REFORMS, CHANDIGARH
CHAMBER NO.119, DISTRICT COURTS, SECTOR 17,
CHANDIGARH

Chandigarh
3.4.2001

In a very surprising but sad judgment in the era of human rights awareness, Justice K.S.Grewal of the Punjab & Haryana High Court today granted regular bail to three senior police officers of Punjab police who are accused in a case of abduction and forced disappearance of an alleged militant, Sukhdev Singh alias Sukha. The three police officers are DSP Ramesh Chander(then SHO Police Station Sohana,Distt.Ropar), DSP Jagtar Singh(then SHO Police Station Ropar) and S.P. Mohinder Singh Chahal .

Mrs.Kamaljit Kaur, wife of Sukhdev Singh alias Sukha had filed a Writ Petition in the High Court in 1996, seeking a CBI probe into the disappearance of her husband in 1993. The High Court considered the gravity of the allegations made in the petition and ordered a CBI inquiry in 1998. The CBI had registered a First Information Report on September 29, 1998, under Sections 364,365,344 and 34 of the Indian Penal Code against DIG Sanjeev Gupta, the then SSP Ropar, DSP Ramesh Chander and DSP Jagtar Singh, the then SHO of P.S.Sohana and S.P. Mohinder Singh Chahal, Ropar and started a thorough probe into the allegations levelled in the Petition.

The CBI inquiry revealed that Sukhdev Singh alias Sukha was called to Police Station Sohana by the then SHO Ramesh Chander to meet the then SSP Sanjeev Gupta on 18th March, 1993. Sukha alongwith his friend Jaspal Singh, the Sarpanch of Village Raipur, Distt.Ropar, had gone to the Police Station Sohana, but only Jaspal Singh returned back, while Sukhdev Singh was detained in the Police Station Sohana till March 29, 1993. Thereafter he was shifted to CIA Staff, Ropar but brought back to Sohana on April 29, 1993 and was kept there till July 4, 1993. Surjit Singh, younger brother of Sukhdev Singh used to visit him daily to provide food, clothes etc. However, Sukhdev Singh was again taken to CIA staff, Ropar after July 4, 1993 by the then SHO Ropar, Jagtar Singh and thereafter his whereabouts are not known. The CBI after conducting detailed investigation filed a chargesheet in the Court of Sh. Jaspinder Singh Heyer, Special CBI Judge, Patiala on February 1, 2001.

The DIG Sanjeev Gupta who is an accused in the case applied for anticipatory bail in the case and Sh.Birinder Singh, Additional Sessions Judge, Patiala stayed the arrest of the police officer till February 19, 2001 which was extended till February 26. On this date, the Judge while staying the arrest of the officer till March 4, ordered him to surrender before the Special CBI Judge and apply for regular bail on February 28. Thereafter the accused moved a regular bail application before Sh.S.N.Aggarwal, Sessions Judge, Patiala. The Sessions Judge Patiala granted regular bail to Sanjeev Gupta on March 2. Similarly SP Mohinder Singh Chahal, DSPs Jagtar Singh and Ramesh Chander also applied for interim bail before Sh.Birinder Singh,Additional Sessions Judge, Patiala. The Judge while staying their arrest on March 15, till March 21 directed them to surrender before the Special CBI Court and apply for regular bail. They did so, but the Special CBI Judge, Mr. J.S.Heyer dismissed their applications on March 16. They moved the Sessions Court, Patiala but were declined bail by even that court on March 21. Aggrieved by that order, the trio had moved an anticipatory bail application before the Punjab & Haryana High Court which was allowed by Justice K.S.Grewal vide his order dated 3rd April, 2001.

In his order, the Judge recorded that "since the incident is eight years old and the wife of Sukhdev Singh kept silent for four long years, therefore, there is no possibility of accused misusing the concession of bail. The evidence is circumstantial in nature and the police officers have not absconded and there is no likelihood of their absconding from the process of law. They are allowed the concession of bail on the condition of furnishing bail bonds in the sum of Rs. 1 lac each with one surety of the like amount and they should deposit their passports with the trial court forthwith".

According to Criminal law experts, few strange thing have been witnessed in this particular case. It's the only first case where the anticipatory bail applications of the accused were repeatedly rejected, but the magistrate or even the Sessions Judge failed to order their arrest in custody after their so-called surrender. At the top of it, the High Court overlooked the fact that in the event of dismissal of their anticipatory or regular bail applications, the accused should have been in judicial custody in consonance with the provisions of Section 439 of the Code of Criminal Procedure. But none of the accused undergone even a day's custody, inspite of their prayer for bail being declined more than once. The ground made by the High Court is itself unwarranted. If the time gap between the incident and the launching of prosecution is material for considering the concession of bail, then thousands of poor undertrials under NDPS Act or TADA Act deserves to be given similar concession. And if delay in approaching the court seeking justice is also considered an important factor in the eyes of law, then almost all the police officers facing trial in the cases of fake encounters, summary executions and forced disappearances also deserves to be released forthwith, because the CBI had taken many years before launching prosecution against the police officers. That's why not even a single police officer accused of human rights violations in the militancy period has been arrested. Human rights activists are at loss to understand the indifferent approach of the lower and even the Higher judiciary in the State. Orders like this will certainly have serious repercussions and give fuel to the fire in the sordid situation being returned again in the State. Nonetheless it has given wrong signals in the Police force where policemen will consider themselves even more powerful and free from the law.

Arunjeev Singh Walia

INVESTIGATION REPORT OF CONTINUING POLICE BRUTALITY IN PUNJAB

CHANDIGARH
JUNE 13, 2000

"Punjab Police at your service". The Catchline of Punjab Police aimed at projecting the force as most polite and people friendly is belied on hearing the horrific experience narrated by the victims of Police brutality in Punjab even today. Instances of Punjab Policemen acting beyond the pale of law in the name of "Containing terrorism" does not seem to be a thing of the past, going by the instances of Police highandedness reported even today in a most blatant fashion and the Policemen becoming the Judge, Jury and the Executioner in settling private property disputes, which is evident from the tale of woes and injuries present on the body of Shashi Parkash Sharma, a businessman of Jalandhar.

Shashi Parkash Sharma, a young transporter of Jalandhar was having litigation over a rented property, No.770,Mota Singh Nagar,Jalandhar, owned by the wife of a Punjab Superintendent of Police, Mr.Gurcharan Singh who is currently posted in Assam. Inspite of having Stay order from the Civil Courts, Shashi Sharma was implicated in a false case of tresspassing into the said premises by the Police of P.S.Div.No.6,Jalandhar, in 1998. After he obtained bail, the police started using unlawful methods and even attacked him in order to force him to vacate the premises. The matter became worse in the year 2000 when he and his employees were unlawfully kidnapped and kept in illegal detention by a Police informer (CAT) turned Inspector, Mr.Gurmeet Singh alias "Pinky", Incharge of CIA Staff, Jalandhar. During this illegal detention, Mr.Sharma was subjected to third degree torture, given electric shocks on his private parts and made to lay naked on ice-slabs for hours. All this was done by Inspector Gurmeet Singh "Pinky" in the presence of Mrs.Manjit Kaur, the landlady(wife of Gurcharan Singh, SP, Punjab Police) between 4.2.2000 till 8.2.2000. He was later thrown on a garbage dumping point in Jalandhar when his relatives approached Punjab & Haryana High Court and search warrants were issued against the Police. Even after that he was constantly harassed and threatened of more serious consequences, if he did not left the premises of the Superintendent of Police. He even made several representations to every concerned authorities and even met Chief Minister, Punjab, and continued suffering the wrath of Punjab police even after getting assurance from the Chief Minister. Thereafter his cousin brother Anil Sharma, who had to give evidence in his favour before the Punjab State Human Rights Commission, at Chandigarh was kidnapped and threatened with false implication in criminal cases if he dared to give evidence against Inspector Gurmeet Singh "Pinky".

While the inquiry relating to above violation of his human right is pending in Punjab State Human Rights Commission, he was caught unaware on 16th May, 2000 at 11 a.m. in the office of Indo-Canadian Transport Company, Jalandhar where he had gone for business dealing, when a police party headed by Station House Officer of Division No.4, S.I.Nirmal Singh and eighteen other policemen picked him up at gun-point and even arrested his two official gunmen without informing him about the ground of the arrest. He was taken to the Police Station where he was told that since he had jumped bail in a case pending against him, he should furnish fresh bail-bonds if he wants to get released. In the evening his Uncle gave his surety and sought his release from the Police custody. But instead of freeing him and his gunmen, the Policemen handed them over to the SHO of another Police Station Sadar,Jalandhar who told them that a case had been registered against them in his police station and he has to arrest them. He was taken by Inspector Gurmeet Singh "Pinky" illegally to Police Station Div.No.4 where in the first floor of the Police Station, he was brutally tortured and was threatened with life if he did not agree to withdraw all his cases against Gurmeet Singh "Pinky". He was made naked and given severe beating on each and every sensitive part of the body. His only offence was that he was not ready to vacate the tenancy premises under Police pressure and refused to withdraw court cases against Gurmeet Singh "Pinky". Later on when he became un-conscious, he was shifted to the lock-up and implicated in two false cases at the instance of Gurmeet Singh Pinky. Even one case has been filed against Shashi Sharma by the SP in Guwahati (Assam) using his influence over local police.

This was not the end of his suffering. His cousin brother Anil Sharma was also subjected to similar treatment. He was picked up from a hospital in Jalandhar where his sister was struggling for her life in an accidental burn case. He was taken to Police Station Division Sadar and booked in the same case with Shashi Sharma. He was also badly tortured and was even forcibly made to consume poison as a result of which he became ill and even collapsed in the Court room and sensing his serious condition, he was shifted to Civil Hospital, Jalandhar and had to be given emergency medical treatment. He is still struggling for his life in the jail hospital in Central Jail, Jalandhar. Even the gunmen of Shashi Sharma were not spared. The two gunmen were also arrested, their arms and ammunition snatched and put behind the bars for no fault of theirs. They were simply performing their duty of protecting Shashi Sharma as per the orders of Punjab State Human Rights Commission, but the Punjab Police of Jalandhar even did not care to spare their men and implicated the two gunmen also, in false cases with Shashi Sharma.

The moot question that remains to be answered is, if such treatment is given by Punjab Police today, to a highly resourceful person like Mr.Shashi Sharma, what good an ordinary citizen could expect from these "butchers" in Khaki ? Importantly enough, isn't this behavior of the Police that forces a peace loving citizen to take to gun rather than adopting the path of law that "takes its own course", as the cliched phrase goes. Its' high time, that the rulers of the times and the concerned authorities in the Punjab Police must sternly deal with Police officers like Gurmeet Singh "Pinky", if they want to restore normalcy in the State, otherwise, the most probable prediction that Punjab would again be ruled by the gun and not the law, will become a reality.

(NAVKIRAN SINGH)
General Secretary

PUBLISHED BY:-

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

The role of Central Bureau of Investigation in investigating cases of human rights violations in Punjab has been most shady to shield the guilty policemen. It has acted in an appalling manner, making a mockery of the entire criminal justice system. With the poor quality of investigation and serious lapses committed by it during preparation of challan, it has experienced embarassing situation more than once, when the courts granted bail to the accused policemen or even acquit them for lack of evidence. In many cases, it simply filed untraceable reports, showing its incompetence thereby betraying the confidence reposed in it. Its prosecution is too favourably disposed towards the offender. Even the tale of police excesses in Punjab have failed to make the agency sensitive and diligent enough to investigate and prosecute fairly. Resultantly, the CBI has come out as merely a toothless, diseased paper tiger whose roar is more effective than its maul. How lackadaisical is the CBI conduct can be gauged from the fact that in all cases filed by CBI against the police officers in Punjab, bails have been granted to the accused policemen. Terribly enough, very lenient sections of Indian Penal Code are framed against the police personnel accused of most heinous crime of fake encounter, forced disappearance and summary execution enabling them to easily go out of the bounds of law. The Lawyers for Human Rights International feel that most of the challans presented by the CBI in the courts relating to fake encounter or disappearance of innocent people by the Punjab police may not be able to stand the acid test of judicial scrutiny because of the faulty investigation done by the CBI bringing the agency under a cloud. Another tragedy is that in most complicated cases the CBI is being represented by counsels who are not effective enough to handle such serious, cumbersome and complicated cases. The victims have now lost faith in the agency. It has proved to be another organ of the government trying to hide the truth and fabricating evidence resulting in the failure of the investigation process. If the CBI has the interests of the victims at hearts, as it claims, it should come up with more effective, less cumbersome and sound proof investigation.

We are sure that the study of case history of following cases will bring home the above referred observations regarding the CBI.

CASE STUDY:

1.State Versus 1. Assistant Commandant, BSF Dilbagh Singh
2. Om Parkash 3. Jagdish 4. Mohan Lal
5. Mange Khan 6. Jaimal Singh
7. Kuldip Singh 8.Mukhtar Singh
9. Joginder Singh 10.Sukhjinder Singh

The background of this case will make a normal human being feel like hearing a fairy tale. However, it is a factual story in which a very common family has made a mark of historic importance. The above referred police officers are being tried for murder of Sube Singh, a school teacher of Village Talwandi in District Gurdaspur in 1984. He was called to the Police Station on 2nd October, 1984 and eliminated the next day in a fake encounter, by Assistant Commandant, BSF, Dilbagh Singh and his party. His wife Surinder Kaur, who was a young lady of about 25/26 years at that time, took courage to file a private criminal complaint in a court at Gurdaspur soon thereafter. The accused police officers were summoned by the Court. Few of them appeared, but one of the accused Jaimal Singh, who was Inspector at that time, failed to appear before the Court, inspite of bailable and non-bailable warrants of arrest being issued. Ultimately he was declared a proclaimed offender and was arrested only after his retirement about 10 years later. He even rose to the position of Superintendent of Police and remained in service all these years, but could not be arrested on account of his clout over the police force. On the application of accused policemen, the Punjab & Haryana High Court transferred the case of their trial to Chandigarh on the ground that the fear of militants would not ensure fair trial. The trial of the case is pending at the stage of Complainant's evidence in a court of Additional Sessions Judge, Chandigarh. Ironically, while Surinder Kaur, the hapless victim inspite of finding too difficult to make both ends meet, is fighting the legal battle against the police officers at her own expense whereas unlimited funds from the State treasury are being placed at the disposal of the undertrial police officials for defending their case in the court.

2. C B I Versus 1.DSP Surjit Singh Grewal(then Inspector)
2.ASI Amarjit Singh( Retd.)
3.SI Birbal Dass (Retd.)
4.ASI Gurcharan Singh
5.HC Nikka Ram
6.ASI Chanan Singh
7.Constable Dayal Singh

Kulwinder Singh alias "Kid", the only son of a well placed Principal of Khalsa Higher Secondary School, Kharar, Tarlochan Singh was picked up by a police party of Punjab police headed by Inspector Surjit Singh Grewal, the then Incharge of CIA Staff, Patiala alongwith another boy on 22nd July, 1989. Both of them were later shown killed in a fake encounter. All the efforts of the father and other respectables having failed, a writ petition was filed in the Punjab & Haryana High Court and a judicial inquiry was marked into the incident. The Sessions Judge, Chandigarh who conducted the enquiry, held that "Surjit Singh Grewal and his party had forcibly taken the victim." After a clear finding to that effect, the High Court referred the case to CBI for further investigation. The CBI registered a case under Sections 120-B, read with Sections 302/364/218 IPC and nominated above referred accused in addition to placing the names of six more police officers in column no.2 so as to summon them through the court concerned. Interestingly, even though the CBI also held that Kulwinder Singh "Kid" was killed by enacting a fake encounter, still it did not arrest any accused. On filing the challan in the court, the accused were summoned by the court and they were given bail by the High Court without any reluctance, irrespective of the heinous crime with which the accused had been charged.

3.C B I Versus 1. DSP Jaspal Singh
2. SI Arvinderbir Singh
3. Inspector Amarjit Singh
4. ASI Darshan Singh

This case relates to the killing of Kulwant Singh, Advocate of Ropar, his wife and 2 years old son. When Kulwant Singh and his family members did not return home on 25th January, 1993 from the Police Station at Ropar, his father Jagir Singh lodged a report at Police Station, Ropar. At the same time, lawyers all over Punjab, Haryana and Chandigarh showed concern at the disappearance of the lawyer and his family. They even represented to the State government to get an inquiry into the disappearance. Inspite of long drawn strike by lawyer community and public outcry, the State government did not order any inquiry. On the other hand, the Ropar police falsely implicated one Harpreet Singh alias Lucky for allegedly murdering the lawyer and his family and launched prosecution against him under Section 302 IPC. A writ petition was also filed in the Punjab & Haryana High Court, which was dismissed by a five judge bench in a most unfortunate manner. The matter went over to the Supreme Court, and the apex court made certain hard observations about the judgment of the High Court, like holding that " the high court was wholly unjustified in closing its eyes and ears to the controversy which had shocked the lawyer fraternity in the region. For the reasons best known to it, the High Court became wholly oblivious to the patent facts on the record and failed to perform the duty entrusted to it under the Constitution. After giving our thoughtful consideration to the facts and circumstances of this case, we are of the view that the least the High Court could have done in this case was to have directed an independent investigation/inquiry into the mysterious and most tragic abduction and alleged murder of Kulwant Singh Advocate and his family."

The Supreme Court directed the CBI to hold inquiry into the disappearance of the lawyer and his family members. In that inquiry, it was found that Harpreet Singh was falsely implicated and being prosecuted, but actually Kulwant Singh was not killed by him. The CBI was directed by the Supreme Court to prosecute the accused police officers. For no valid reasons, the CBI charged the accused under only Sections 193/194/211 and 218 IPC and not under Section 302 IPC. One of the accused police officers, went to the Supreme Court challenging their prosecution. The Supreme Court apart from ordering the prosecution of the accused on the basis of a complaint under the above referred sections, also ordered the CBI to file a separate challan against them for murder of the lawyer and his family. Thereafter, a complaint was filed against these policemen in the Court at Ropar and a separate challan under Section 302 IPC has been filed by the CBI in a court of Additional Sessions Judge at Chandigarh. The proceedings in both these cases being sub-judice, need not be commented, but the most shocking and shameful thing for the CBI is that it investigated the case in a totally faulty manner. It tried to help the police personnel by filing a challan under Sections 193/194/211/218 IPC so that there may not be any charge against them with regard to the murder of the lawyer and his family. It was only after the supreme court made a clarification that the challan for murder of the lawyer was filed against the police officers. Another shocking matter is that inspite of committing such a most un-civilised and heinous crime by the very protectors of law, the CBI did not arrest any accused. The accused were allowed bail by the High Court without taking note of the gravity of the offence.

4.CBI Vs 1.DIG Sanjeev Gupta(then SSP)
2.SP Mohinder Singh Chahal
3.DSP Ramesh Chander (then Inspector)
4. DSP Jagtar Singh(then Inspector)

Kamaljit Kaur, wife of Sukhdev Singh alias Sukha had filed a Writ Petition in the High Court in 1996, seeking a CBI probe into the disappearance of her husband in 1993. The High Court considered the gravity of the allegations made in the petition and ordered a CBI inquiry in 1998. The CBI had registered a First Information Report on September 29, 1998, under Sections 364,365,344 and 34 of the Indian Penal Code against DIG Sanjeev Gupta, the then SSP Ropar, DSP Ramesh Chander and DSP Jagtar Singh, the then SHO of P.S.Sohana and S.P. Mohinder Singh Chahal, Ropar and started a thorough probe into the allegations levelled in the Petition.

The CBI inquiry revealed that Sukhdev Singh alias Sukha was called to Police Station Sohana by the then SHO Ramesh Chander to meet the then SSP Sanjeev Gupta on 18th March, 1993. Sukha alongwith his friend Jaspal Singh, the Sarpanch of Village Raipur, Distt. Ropar, had gone to the Police Station Sohana, but only Jaspal Singh returned back, while Sukhdev Singh was detained in the Police Station Sohana till March 29, 1993. Thereafter he was shifted to CIA Staff, Ropar but brought back to Sohana on April 29, 1993 and was kept there till July 4, 1993. Surjit Singh, younger brother of Sukhdev Singh used to visit him daily to provide food, clothes etc. However, Sukhdev Singh was again taken to CIA staff, Ropar after July 4, 1993 by the then SHO Ropar, Jagtar Singh and thereafter his whereabouts are not known. The CBI after conducting detailed investigation filed a chargesheet in the Court of Special CBI Judge, Patiala on February 1, 2001.

The DIG Sanjeev Gupta who is an accused in the case applied for anticipatory bail in the case Additional Sessions Judge, Patiala stayed the arrest of the police officer till February 19, 2001 and the Judge while staying the arrest of the officer till March 4, ordered him to surrender before the Special CBI Judge and apply for regular bail on February 28. Thereafter the accused moved a regular bail application before Sessions Judge, Patiala and was granted regular bail on March 2. Similarly SP Mohinder Singh Chahal, DSPs Jagtar Singh and Ramesh Chander also applied for interim bail before Additional Sessions Judge, Patiala. The Judge while staying their arrest on March 15, till March 21 directed them to surrender before the Special CBI Court and apply for regular bail. They did so, but the Special CBI Judge dismissed their applications on March 16. They moved the Sessions Court, Patiala but were declined bail by even that court on March 21. Aggrieved by that order, the trio had moved an anticipatory bail application before the Punjab & Haryana High Court which was allowed vide order dated 3rd April, 2001.

In his order, the Judge recorded that "since the incident is eight years old and the wife of Sukhdev Singh kept silent for four long years, therefore, there is no possibility of accused misusing the concession of bail. The evidence is circumstantial in nature and the police officers have not absconded and there is no likelihood of their absconding from the process of law. They are allowed the concession of bail on the condition of furnishing bail bonds in the sum of Rs. 1 lac each with one surety of the like amount and they should deposit their passports with the trial court forthwith".

According to Lawyers For Human Rights International, few extra-ordinary things were witnessed in this particular case. It's the only first case where the anticipatory bail applications of the accused were repeatedly rejected, but the magistrate or even the Sessions Judge failed to order their arrest after their so-called surrender. Even the arrests were stayed to enable them to approach the High Court.At the top of it, the High Court overlooked the fact that in the event of dismissal of their anticipatory or regular bail applications, the accused should have been in judicial custody in consonance with the provisions of Section 439 of the Code of Criminal Procedure. But none of the accused undergone even a day's custody, inspite of their prayer for bail being declined more than once. If the time gap between the incident and the launching of prosecution is material for considering the concession of bail, then thousands of poor undertrials under NDPS Act or TADA Act deserves to be given similar concession. And if delay in approaching the court seeking justice is also considered an important factor in the eyes of law, then almost all the police officers facing trial in the cases of fake encounters, summary executions and forced disappearances also deserves to be released forthwith, because the CBI had taken many years before launching prosecution against them.

5. CBI Versus SSP Ajit Singh Sandhu ( deceased) and others

Jaswant Singh Khalra, a well known human rights activist and the General Secretary of human rights wing of Shromani Akali Dal was kidnapped from outside his house in Amritsar on the morning of September 6, 1995, by the armed commandos of Punjab police. A bench of the Supreme Court chaired by Justice Kuldip Singh treated a telegram from Gurcharan Singh Tohra, President of Shromani Gurdwara Prabandhak Committee, about the abduction, as a Writ Petition of habeas corpus and issued notice to the Punjab authorities. The then SP Sukhdev Singh Chhina of Amritsar city filed affidavit to claim that Khalra was neither wanted in connection with any case nor had been arrested by the police. Other officials also filed affidavits to maintain that the Punjab authorities were making all efforts to trace Khalra, contending at the same time that he might have become a victim of inter gang rivalries. SSP Ajit Singh Sandhu of Tarn Taran also filed a statement to deny that he had ever threatened Khalra. On 15th November 1995, Punjab's Advocate-General M. L. Sareen suggested that the court should hand over the investigation of Khalra's abduction and disappearance to the Central Bureau of Investigation. Accordingly, the court directed the CBI inquiry. On 30 July 1996, the CBI submitted its report on Khalra's abduction and disappearance, holding nine officers of the Punjab police under SSP Ajit Singh Sandhu responsible. At the CBI's request the Supreme Court directed their prosecution on charges of conspiracy and "kidnapping with intent to secretly and wrongfully confine a person". The court also directed the Chief Secretary of Punjab to sanction their prosecution within three weeks of the order. The Sanction Order dated 19 August 1996 elucidated the CBI's findings that established the criminal conspiracy to abduct Jaswant Singh Khalra. The Sanction Order pointed out that on 24 October 1995, eighteen days after his abduction, Khalra was found illegally detained at Kang Police Station, by one Kikkar Singh, who was also detained there illegally. The Sanction order mentioned that Kikkar Singh witnessed the injuries on Khalra's body, the evidence of his custodial torture. It went on to say that Kikkar Singh helped Khalra to eat before he was taken away from the Kang police station, never to be seen again. Kikkar Singh's illegal detention from 14 October to 11 November 1995, as elucidated in the Governor's Sanction Order, was independently corroborated by an inquiry conducted by the Chief Judicial Magistrate of Chandigarh, which the High Court of Punjab and Haryana relied on to grant him monetary compensation. The evidence on record in the Governor's order of sanction confirmed serious offences under sections 302, 364, 346, 330, 331 and 120 of IPC. However, the offenders were arrested only under section 365 of IPC which is "kidnapping with intent to secretly and wrongfully confine a person", a woefully insufficient charge in the face of evidence which proved kidnapping with the intent to murder, illegal confinement, custodial torture and custodial murder. Subsequently, former Special Police Officer Kuldip Singh, who was attached to the Kang police station, came forward and told that Khalra was tortured and then shot dead in the night of 24 October 1995. His dead body was quartered and thrown in river Sutlej near Hari Ke Pattan. The court, which presumed Khalra to be still alive, when it ordered the prosecution of the officials on 30 July,1996 was not aware of these facts. On 7 August 1996, the court also directed the Punjab government to pay ten lac rupees as interim compensation to Mrs. Khalra. The court's order said: "The fact remains that the abductors are keeping Khalra away from his family since 6 September 1995. Kidnapping of a person whose family is totally in dark about his whereabouts - even about the fact whether he is alive or dead - is the worst crime against humanity. In the facts and circumstances of this, we direct the Punjab government through the Chief Secretary, Punjab to pay a sum of Rs. 10 lacs as interim compensation to Mrs. Paramjit Kaur, wife of Mr. Jaswant Singh Khalra. In case, the police officers are convicted the State of Punjab can recover the amount from the police officers…"

6. CBI Versus 1. Inspector Dharam Singh
2. Inspector Tarsem Lal

This case speaks volume of extra-judicial methods adopted by Punjab police in eliminating innocent youth. Kashmir Singh's son Daljit Singh of Khalyala Khurd in District Amritsar was picked up alongwith his two brothers Rajwant Singh and Baljeet Singh on 13th December, 1992 by Inspector Dharam Singh, the then Station House Officer of Police Station, Lopoke, District Amritsar. The two brothers were let-off after a day, but Daljeet Singh was tortured and later on shown killed alongwith one Jagir Singh alias Jagira in a police encounter on 29th December, 1992. Kashmir Singh approached the High Court and a CBI case was registered against Inspector Dharam Singh for staging a fake encounter and killing Daljeet Singh and then cremating him as un-identified, even though he had disclosed his identity before his death. CBI registered the case on 5.3.1997 on the orders of the Supreme Court dated 26.12.1995. The CBI inquiry clearly held the Inspector Dharam Singh and SI Tarsem Lal and SI Swaran Singh responsible for killing Daljeet Singh and then cremating him as unidentified even though they were aware of his identity. In order to seek bail, Inspector Dharam Singh and Tarsem Lal moved the Sessions Judge, Patiala in October,2000. The trial court while rejecting their bail application categorically held that "in case the accused police officers were enlarged on bail, a fair trial cannot be expected and there is every chance that they may either threaten or try to win over the prosecution witnesses". But surprisingly, two weeks time was granted to them to obtain fresh bail orders from the higher court. Inspite of the categorical finding by the High Court that "by dismissing the bail application, the Sessions Judge had become 'funtus officio' and ought not to have stayed its own order' and that "the petitioners being police officials, the possibility of their attempting to influence the complainant cannot be ruled out", still the accused were granted bail by Justice S.S.Nijjar on Ist February, 2001.

The question arises, if the accused had committed such a heinous crime and the Sessions Judge, Patiala had passed the extra-ordinary order of not arresting them(after dismissal of their bail application), can it be justifiably held that the High Court also committed grave error in giving undue favour to the accused police officers ?

7. Mohinder Singh Versus CBI

This is a case of CBI's failure to deliver goods and betraying the trust reposed in it by Mohinder Singh, the victim of police excesses. Jagraj Singh, the only son of Mohinder Singh was picked up alongwith his Maruti van from Mohali on 14th January, 1995 by Punjab police personnel. Later on the same police party picked up another youth Sukhdev Singh of Mohali. Few days later, two terrorists were shown killed in an encounter in Beas Police Station in which the maruti van of Jagraj Singh was shown involved. Mohinder Singh got suspicious that his son might have been killed in that encounter. He approached the High Court and a CBI inquiry was marked in 1996. But the CBI in a biased manner filed the report holding that Jagraj Singh was not picked up by Punjab Police but was killed in an encounter in Police Station Beas on 15.1.1995. Inspite of Mohinder Singh's repeated pleas before the High Court for re-investigation into the abduction of his son Jagraj Singh and raising a question on the conduct of DSP S. Prasad of CBI, the High Court accepted the faulty CBI report and dismissed his plea by observing that " the petitioner, therefore, has failed to substantiate the allegations made in the petition against the Investigating Officer or the CBI. The report is exhaustive, investigation is sincere and meaningful. No fault can be found with the enquiry report".

It would not be wrong to say that the CBI by shielding the Punjab police, caused even more grievous hurt to the distressed victim, that has eroded his faith in the entire criminal justice system. Would any body sitting on a seat of authority be able to heal the wound of people like Mohinder Singh is only a hope in the wilderness.

The conclusions on the basis of above referred cases are :

1. The guilty police personnel have been granted bail in most heinous crimes by the courts whereas in ordinary murder cases, the accused are languishing in jail for the last over 5 to 6 years during trial and even after conviction, having not been given the bail in majority of the cases. There are only few cases where bail has been granted. But in cases where police personnel are involved, all have been granted bail.

2. The CBI did not investigate the cases honestly and even did not arrest the accused inspite of seriousness of the crime. It has been seen that in cases having lesser punishment like in corruption cases, where the punishment has not been awarded for more than three years R.I. the accused were arrested and they remained in jail for more than 2 years. Whereas the latest law is that a complainant can assist the prosecution but in these cases, the prosecution hardly takes any assistance from complainants.

3. It is even a known fact that all the police personnel facing such like trials are being provided unlimited funds by the State to defend themselves in cases involving human rights violations. No such example or instance is available to the civilised system that the state is to fund the defence of any accused. It is a total negation of the system as a whole. On the other hand, the accused police personnel are mis-using their high positions in victimising and harassing the witnesses and tampering with the evidence. They are enjoying the facilities of their ranks, vehicles, security etc. Where can be the fair trial under such circumstances?

It would be great folly to deny that there was no law and order during those days in Punjab and the State was being ruled by the jungle law. There was no question for the state to come forward to get the protectors of law to be punished for glaring human rights violations. Policemen felt proud of killing the innocent people in the name of "combating terrorism" or "protecting national security". The judiciary was sent on a long holiday by the very protectors of law and they did what they like. On many occasions the courts even became deaf and dumb at the tale of police excesses and failed to deliver justice. Even today, this perverse attitude has been adopted by the courts while hearing the cases of human rights violations. Undue leniency is being shown to the police officials accused of human rights violations and bail is granted to every policemen accused of most heinous crime in the annals of mankind. That's why not even a single police officer accused of human rights violations in the militancy period has been arrested. Human rights activists are at loss to understand the indifferent approach of the lower and even the Higher judiciary in the State towards cases of human rights violations. This mindset of judges if continued anymore may bring serious repercussions and may give wrong signals to the rowdy Policemen who will consider themselves even more powerful and free from bounds of the law and total loss of faith in the judicial system by the families of the killed persons making the system to be a Qazi like one.

THREE YEARS OF MIS-RULE

Putting a cursory glance over the policies and functioning of the SAD-BJP Government in Punjab during the three years of its mis-rule, one could easily hold that the Badal-SAD govt. has proved to be another regime that could prove every bit as monstrous. After seeing the present government, no difference between the Congress Govt.headed by Beant Singh and SAD-BJP Govt. led by Parkash Singh Badal comes to sight.Both the governments have proved anti-people, anti-human rights and a government promoting one's family interests. With a record number of scams, scandals and cases of rampant corruption in the Administration and even at Ministerial level and first ever situation of total bankruptcy in the state since the SAD-BJP Govt. took charge, Parkash Singh Badal has exposed his intentions and backed out from the pre-poll promises made to the people of the State. Tragic indeed, People were once again befooled, but this time by their own men. Badal's whimsical style of functioning has alienated the faith of the people. The tale of blunders committed by the Badal Govt. in the last three years is a case of total betrayal. Even the repeated warnings of "Perform or perish" given by the people in the form of volatile mandate against the Badal Govt. in assembly election in Adampur in 1998 and Parliamentary elections in 1999 also failed to bring him closer to reality. It would not be gainsaying the fact that the next two years may bring a revival of terrorism of unimaginable magnitude in the State and the everlasting downfall of the Shromani Akali Dal and the Badal family.

On the basis of pre-poll promises of withdrawing all cases under TADA and release of detenues languishing in jails, end of Police Raj, holding inquiries into the causes and effect of terrorism in the State, punishing the guilty police officials and a government free from corruption and self interest, the Sharomani Akali Dal bagged over-whelming majority in 1997. Had the Akalis been sincere to their commitment from the begining, withdrawl of TADA cases against all the detenues who are languishing in jails would have been ordered. But instead, TADA cases were withdrawn only against 31 politicians including the Chief Minister himself and former SGPC President,Gurcharan Singh Tohra in March 1997 much to the disenchantment of poor prisoners. The cause of human rights in the State has been kept in abeyance since the day Mr.Parkash Singh Badal took oath as Chief Minister of Punjab while tainted police officers toy with crisis of their own creation. The Chief Minister even went out of his way to emphasize his debt to the cruel men of his force and exonerated all policemen responsible for killing hundreds of innocent Sikh youth in false police encounters, summary executions and even made them dis-appear for ever. He stirred a hornets' nest by giving the slogan of "the past ought to be forget and buried" which evoked strong protests from every corner, especially the human rights lobby. Agitation and mass movement was built to force the party to fulfill pre-poll promises made by it. But not even a single policeman in Punjab has been brought to book during the long spell of three years of Akali rule. This soft stance of Badal encouraged the ruthless Punjab policemen to continue with their onrush of atrocities on poor people, resulting in more than fifty custodial deaths in 1997, seventy two in 1998 and thirty two in 1999. The Punjab State Human Rights Commission constituted by the State govt. under tremendous pressure from the human rights activists also failed to make their presence felt. The lackadaisical approach of the Judges of the Commission made its functioning redundant. It always accepts the police version as a gospel truth and dismisses complaints of victims on flimsy grounds. Many cases of custodial deaths were simply dismissed for lack of evidence.

Kith and kin of the Chief Minister and his favourite Akali leaders found special favour from the government for pocketing various political posts. The trend was set into motion by the Chief Minister himself when he succeeded in inducting his son Sukhbir Badal as Industries Minister in the Centre in 1997, followed by his nephew Manpreet Badal, as MLA and recently his son-in law Adesh Partap Singh Kairon as Cabinet Minister in his ministry. His brothers-in-law Gurpreet Singh and Inderjit Singh were made Sarpanches of two panchayats after carving out a new panchayat named Bhai Harjoginder Nagar. Toeing the path, Mr.Sikander Singh Malooka, a Cabinet Minister got his son Gurpreet Singh, Balwinder Singh Bhunder, an M.P. got his son Balraj Singh Bhunder ,Baldev Singh Khaiala, a Cabinet Minister got his son Nirmal Singh Khaila inducted as director of Central Co-operative Banks. Senior Akali leader Jagdev Singh Talwandi got his son Ranjit Singh as Chairman of Punjab Mandi Board, which he continued to occupy even after his conviction for life in a murder case. Even the younger son of Jagdev Singh Talwandi was gifted with Chairmanship of another corporation. Dissention started brewing within the party for distribution of all political posts to the near and dear ones of the Chief Minister. In 1998 even Harsimrat Kaur, the daughter-in-law of Chief Minister, and wife of Sukhbir Badal, created a flutter in administrative circles in Faridkot, when she summoned and misbehaved with deputy commissioner and other senior police officials. According to media reports, Badal's putra-moh was one of the reason for the miserable defeat of SAD in the Parliamentary elections in 1999.

Political interference in religious matters of the Sikh community by the Akalis witnessed many unpleasant happenings in the last three years. Meddling into the religious affairs, the Chief Minister stirred a hornets' nest when he got his first opponent Gurcharan Singh Tohra removed from the Presidentship of Shromani Gurdwara Prabandhak Committee followed by the sacking of Bhai Ranjit Singh, the daring Jathedar of Akal Takht on April 28,1998 and installation of Giani Puran Singh as the new Jathedar on February 15,1999. These events furiated not only the two leaders, but also the entire Sikh community, who took it as an attack on their religious freedom and saw a traitor in Badal. This development ultimately led to the un-precedented loss of vote bank of Akalis in the rural areas. Gurcharan Singh Tohra had rightly warned Mr.Badal of revolt from within if he continued with his policy of self-interest. After routing almost all the Parliament seats in the General elections in 1999, Mr.Badal or his loyalists may blame Tohra or Bhai Ranjit Singh for their defeat, but for the masses, it was a fatwa against unwarranted interference by politicians in their religious affairs. Lowering the sanctity and respect of the highest temporal Institutions by installing Bibi Jagir Kaur and Bhai Puran Singh as the President of S.G.P.C. and Akal Takht respectively in a most obtrusive manner, raking a controversy during the ter-centenary celebrations of the Khalsa at Anandpur Sahib in April, 1999 by dividing the Sant Samaj, also evoked strong public resentment. More than a hundred crore rupees have allegedly gone down the drain and ostensibly distributed among the corrupt politicians and religious leadersfor bringing a new life to Anandpur Sahib. What good all this tantara did to the people, is any body's guess. Putting Baba Darshan Singh of Dhakki Sahib Dera in Distt.Ludhiana in jail for months and the failure of the State Govt. in arresting the accused persons who set the dera on fire in December, 1999 gave a blow to the reputation of Shromani Akali Dal .

It was perhaps, for the first time in history that the State exchequer became empty and bankruptcy was deckared in the State in December 1998. This grim fiscal scenario badly affected the wheels of development in the State. So tight is the situation that even the Govt. has no money to pay salaries to its employees and funds for running essential services like Transport ,education and medical services. Among the many reasons for this state of bankruptcy as explained by the experts were, slow infrastructural development, increasing direct and indirect subsidies to many sectors, falling rate of growth of tax and non-tax revenues and abolition of important local taxes in order to please the business class. The employees did not get their salaries for months, state transport buses failed to come on road due to non-availability of oil, Schools came on the brink of closure with teachers without salaries and buildings in dilaphilated condition, pensioners cried for their pension. Even the High Court of Punjab & Haryana made it clear that a total restrain order on the payment of salary to the employees of higher strata would be passed unless the State govt. pays salary to its Class IV employees. Inspite of this crisis, it was informed by Finance Minister of Punjab in the Vidhan Sabha that a total sum of Rs.12 crore is incurred every month for maintaining the vehicular and security needs of the Ministers and MLA's. On account of State's failure to pay salary to its employees and creditors for many months, the state govt.found itself in a quandary with many govt. buildings and moveable properties brought under court attachment. The MARKFED, Punjab even decided to mortgage their building in order to clear off their debts. Inspite of Court's order for one car-one officer policy, every corporation and department of the State still keeps more than four cars putting heavy burden on the State exchequer. The Cavalcade of the Chief Minister, himself included about a hundred govt. cars in the Parliamentary elections in 1999 during election rallies at Faridkot in support of his son Sukhbir Badal. The expenses incurred by his loyalists on their travelling could be well imagined.

Trapped in a precarious debt, hundreds of farmers committed suicide across the state, leaving a trail of suffering to the bereaved families. A recent study based on the detailed investigations conducted by two eminent social scientists, Dr.Mehar Singh Mamick and Dr.K.Gopal Iyer, into the circumstances which led the poor farmers to commit suicide in Punjab, tells a disturbing story. During their investigation stretched upto twelve villages in Sangrur and related belt, it was found that of the 80 farmers who committed suicide, 62.5 % were cultivators, 31.25% were agricultural labourers and rest 5.25 % were engaged in non-agricultural occupation. A majority of farmers were small landless agriculturists who could not even pay off the lease money to the landowners and the bank loans due to less crop produce and insignificant price of the produced crop. Ironically, the State Govt. did not even found a word to console the bereaved families. Instead, the policy of the govt. in levying huge taxes, octroi and increase in the price of the fertilizers, diesel and other items virtually broke the back of the farmers. The policies of the State Govt. including that of free electricity to agriculture sector, benefited only big landlords and proved to be a curse for the small agriculturist. The common man was the worst sufferer with increased bus fares, black-marketing of essential commodities and rampant corruption at every level of the government affecting their right to life. Today, Govt. jobs are available at a price and transfer and promotions have become a source of income for the Ministers and even the kith and kin of the Chief Minister. From a Village Patwari to a Minister of cabinet rank in Punjab Govt. and even the Chief Minister, his son and wife have been accused of amassing huge wealth through corrupt means. The agenda of the SAD promising a corruption free-government seems to have been kept in abeyance by the very persons who promoted it tooth and nail. Every govt. servant blames the system in which a subordinate pays bribe for getting a job and demands bribe in return. No body appears to be interested in finding a solution to the question that, what's the fault of a common man who approaches the administration for getting justice?

The level of education in government institutions has reached a rock bottom level with inadequate funds for appointing qualified teachers and constructing buildings. According to a report submitted by Education Secreatary of Punjab in the Punjab State Human Rights Commission during the hearing of a complaint of human rights violation of govt.school students in Punjab, more than five hundred and eighty five school buildings have been declared unsafe and at present more than two thousand vacancies of teachers, head masters and other staff exist in govt.schools. Inspite of so many vacancies, thousands of ad-hoc teachers were shunted out by the Punjab govt. which furiated them and even one teacher sacrificed his life during the three month long agitation in Chandigarh. The decision of Punjab govt. in de-recognising Registered Medical Practitioners also evoked great public annoyance and agitation. The problem of un-employment would have been easily overcome by accomodating qualified teachers in govt. schools where vacancies already exist, but the State govt. appears to be more interested in becoming a part of the problem rather than finding a solution.

There has not been any change in the law and order problem in the State. Roaming in a public place with yellow turban and loose beard is seen with suspicion even today. There is no change in the attitude of the Punjab police towards the sikhs. About two thousand youth have been falsely implicated in militancy-related crimes since the Akali rule. This statement is corraborated by the report of Additional Director General of Police, Punjab attached with the Punjab State Human Rights Commission. The then D.G.P. of Punjab police Mr.P.C.Dogra had ordered that all the human rights activists and other persons highlighting their misdeeds should be implicated in the case of attempt to kill VVIP's in the State. Even today, newspapers prominently quote police officers saying as having busted a suicide gang of militants attempting to kill the Chief Minister or other VVIP's and show recovery of huge quantity of RDX and other explosives. After investigation by different human rights groups, all these claims prove to be a figament of imagination and total failure of control over corrupt police force in the State. Mr. P.C. Dogra even went to the extent of claiming that certain terrorists groups had planned to put cyanide in the water supply in the State, without realizing that Cyanide when mixed into water becomes harmless. While the Chief Minister aptly visits the house of every soldier of Punjab killed in the Kargil conflict in Kashmir, he has no time to say even a word to console the bereaved families of innocent people killed in police custody or false encounters. His govt. has to cough out at least fifty lacs rupees in compliance of the orders of National Human Rights Commission for killing or torturing innocent citizens in police custody. Awefully, the murder of justice saw no bounds in this state of saints and the every member of the jumbo ministry of Shromani Akali Dal-BJP, mocking at it unmoved from every loss of life in the State.

Mis-use of official machinery during Parliamentary elections in the State broke all records of even Beant Singh led Congress regime. Perhaps, it was also the reason why the people rejected the Shromani Akali Dal during every subsequent election in the State. The people had expected a government free from corruption, and a government which would heal their old wounds by punishing all those police officers responsible for killing their near and dear ones. Releasing all innocent people detained under TADA for long, adoption of people-friendly policies and giving a transparent governance are the burning questions of the time which do not fall in the govt.'s agenda for the moment. But the explanation of Mr.Badal after his tragic defeat in Parliamentary elections in 1999 that "people had more expectations from his government" is a statement born out of desperation. His claim of a government with a "mission" and "vision" has proved to be an illusion. From what has gone in the State during the three years of mis-rule, one could aptly judge that the mission of the Shromani Akali Dal is to promote self interest, grab as much money as one could and to put every person behind bars who dares to speak against the wrong policies of the govt. Making Sikhs enslaved and poor to the majority class , by hitting economically is the vision of the Shromani Akali Dal today. Mr.Badal has forgotten that his guide viz.. Atal Bihari Vajyapee and L.K.Advani won't be able to sail him out of this critical situation and the people of the State are prepared to write the obituary of Shromani Akali Dal in the elections at the cost of peace and prosperity in the State.

(ARUNJEEV SINGH WALIA)

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