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.