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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.
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