REPORT XI
INVESTIGATION REPORT INTO THE CUSTODIAL TORTURE OF RAJU, A POOR
HELPER BY CHANDIGARH POLICE ON SEPTEMBER 29, 2002
Chandigarh
October 13, 2002
INTRODUCTION:
The Chandigarh Newsline, Indian Express, Chandigarh dated October
8,2002 published a news item titled, “COPS BEAT MY SON TO
DEATH” in which gory details of illegal custody and third
degree torture of Raju and four other poor workers by Chandigarh
Police on September 29, 2002 due to which Raju succumbed to his
injuries on October 6, 2002. On reading this news item, Lawyers
For Human Rights International took initiative and an investigation
team was formed to investigate into the matter. The team comprised
of Mr.Tejinder Singh Sudan, President, Chandigarh unit, Mr.Mohinder
Singh, Mr.Davinder Singh and Mr.Ravinder Minhas. The team conducted
its investigation from October 9,2002 till October 12, 2002.
NAME AND ADDRESSES OF VICTIMS:-
- Raju, son of Dharam Pal, aged 20 years, bachelor, temporary
resident of S.C.F. No.6, 2 Bays, Sector 20-C, Chandigarh.(Deceased)
- Lal Yadav, son of Ram Adhar Yadav, aged around 20-21 years,
temporary resident of S.C.F. No.6, 2 Bays, Sector 20-C, Chandigarh.(
torture victim).
- Naresh, son of Jagir Singh, aged around 23 years, temporary
resident of S.C.F. No.6, 2 Bays, Sector 20-C, Chandigarh.(torture
victim)
- Vinod Sharma, son of Dinesh Sharma, aged unknown, resident
of H.No.1467, Sector 20-B, Chandigarh.(torture victim).
- Raju Yadav, son of Ram Pher, aged 16 years, resident of village
Attawa, U.T.Chandigarh, permanent resident of village Arjanpura,
Distt.Sultanpur, U.P.( torture victim).
PERSONS WHOM WE MET:
- Naresh, son of Jagir Singh
- Raju Yadav, son of Ram Pher
- Lal Yadav, son of Ram Adher Yadav
- Dharam Pal, father of Raju(deceased)
- Inspector Jagbir Singh( on telephone)
- Amrik Singh (name changed to conceal his identity)and other
shopkeepers and neighbors of S.C.F. 6, Sector 20-C, Chandigarh
FACTS:
Raju(deceased), son of Dharam Pal, aged 20 years, was working
as helper in a private canteen in M.C.M.D.A.V. College, Sector
36, Chandigarh till September 29, 2002. He was temporarily living
alongwith his friends, namely Lal Yadav, Naresh, Vinod Sharma
and others in S.C.F. No.6, 2 Bays, Sector 20-C, Chandigarh. His
father being poor man was also staying in the market of Sector
20-C, Chandigarh and is working in a Dhaba in Sector 20-C, Chandigarh.
The deceased belonged to a poor family. On September 26, 2002,
Raju Yadav, son of Ram Pher, aged 16 years, of village Attawa,
U.T. Chandigarh was picked up by Sub-Inspector Ram Kumar and one
turbaned Sub-Inspector alongwith other policemen of Crime Branch
Operations(CBO Cell) from a road near Sector 42, Chandigarh and
took him to CBO Cell, Sector 26, Chandigarh.. Thereafter on September
29, 2002, Raju(deceased), Naresh, son of Jagir Singh,Lal Yadav,
son of Ram Adher Yadav and Vinod Sharma, son of Dinesh Sharma,
were picked up by Sub-Inspector Baljit Singh alias Delhiwala,
Sub-Inspector Ram Kumar alias Pandit( in civil clothes), one uniformed
turbaned Sub-Inspector and other policemen in uniform from CBO
Cell, Sector 26, Chandigarh at 4.45 a.m. from SCF No.6, (first
floor back side) 2 Bays, Sector 20-C, Chandigarh on the suspicion
of theft committed in “YOUR CLOTH HOUSE”,SCF No.6,
2 Bays, Sector 20-C, Chandigarh and were taken to CBO Cell, Sector
26, Chandigarh in official Police vehicle. In the police station,
Lal Yadav, was kept outside while Vinod, Raju(deceased) and Naresh
were put in a room. Lal Yadav was beaten outside the room while
Raju(deceased), Naresh and Vinod Sharma were stripped and badly
tortured by Sub-Inspector Baljit Singh, Sub-Inspector Ram Kumar,
one turbaned Sub-Inspector and other policemen for continuously
three hours at about 5 a.m. till 8 a.m. After beating them, all
of them were forced to clean the police station. In the evening
at about 8 p.m. Lal Yadav and Raju(deceased) were dropped in a
scooter by Sub-Inspector Baljit Singh(Delhiwala) in the market
of Sector 20-C, Chandigarh. At that time, the condition of Raju(deceased)
was serious and he was suffering from acute pain in his stomach
and other body parts. His father being a poor man did not care
to get his proper medical treatement for five days and on October
6, 2002 when his condition deteriorated, his father took him to
GMCH, Sector 32, Chandigarh where he became psychotic out of fear.
He later on succumbed to his injuries at about 11.40 p.m. on October
6, 2002. His dead body was handed over to his father without conducting
autopsy on the request of his father.
WITNESSES STATEMENTS:
- Amrik Singh(name changed and address concealed), told us
that Raju(deceased), Vinod Sharma, Lal Yadav and Naresh were
picked up by police personnel on September 29, 2002 at about
4.45 a.m. from SCF 6(First Floor back side), 2 bays, Sector
20-C, Chandigarh in police vehicle.
- Lal Yadav(tortured victim) told us that he was picked up by
the police personnel mentioned above at about 4.45 a.m. on September
29, 2002 from SCF 6(first floor back side), 2 bays, Sector 20-C,
Chandigarh alongwith Naresh, Vinod and Raju (deceased) and bundled
into a police vehicle and taken to CBO Cell, Sector 26, Chandigarh.
Nobody from his family or next friend was informed about the
detention. In the police station, all of them were given fist
and kick blows .Thereafter, he was made to sit outside the room
and others were taken inside a room. He was badly beaten by
giving fist blows and kicks by some policemen of the police
station. After some time, he was forced to clean the police
station and was dropped alongwith Raju(deceased) on a two wheeler
scooter by Sub-Inspector Baljit Singh Delhiwala, near the market
of Sector 20-C, Chandigarh the same day at about 8 p.m. He also
disclosed that when he and Raju(deceased) was normal when they
were picked up but his condition was not well when they were
dropped by S.I. Baljit Singh. He also said that Raju had complained
of pain in stomach and other body parts, for which his father
gave him some pain killer tablets in the night, but his condition
did not improve till October 6, 2002.
- Naresh(torture victim) also gave a similar statement and told
us that he alongwith Raju(deceased), Vinod and Lal Yadav were
picked up by the police personnel mentioned above at about 4.45
a.m. on September 29, 2002 from SCF 6(first floor back side),
2 bays, Sector 20-C, Chandigarh and bundled into a police vehicle
and taken to CBO Cell, Sector 26, Chandigarh. Nobody was informed
about his detention or arrest in the case. In the police station,
all of them were given fist and kick blows .Thereafter, Lal
Yadav was made to sit outside the room and he and others were
taken inside a room. He, Raju and Vinod Sharma,were stripped
and subjected to third degree torture with wooden sticks and
by giving fist blows and kicks by Sub-Inspector Baljit Singh,
Sub-Inspector Ram Kumar, an unidentified turbaned Sub-Inspector
and some other policemen of the police station for continuously
three hours. The policemen were asking about a theft of Rupees
twenty seven thousand, a pistol and four live cartridges from
SCF 6, Sector 20-C, Chandigarh and he was being extorted to
confess that he helped Raju Yadav in the commission of the theft
by giving screw driver and hammer to Raju Yadav and others.
After 8 a.m. they were forced to clean the police station and
he was later on detained in the police station till next day,i.e.
Septemebr 30, 2002. At 2 pm. On September 30, 2002, he was produced
before the Ilaqqa Magistrate, Chandigarh and he was sent to
three day police remand. After the completion of the police
remand, he was sent to judicial custody and released on bail
by the court.
- Raju Yadav(torture victim) was interviewed in Model Jail,
Burail U.T.Chandigarh during which he disclosed that when he
was going from his house in village Attawa,U.T.Chandigarh towards
Sector 42,Chandigarh, he was picked up by some policemen including
Sub-Inspector Ram Kumar and one turbaned Sub-Inspector and others
and was taken to CBO Cell, Sector 26, Chandigarh on September
26, 2002. He was illegally detained there for three days without
informing any of his relative or next friend about his detention.
He was given extensive third degree torture by Sub-Inspector
Baljit Singh Delhiwala, Sub-Inspector Ram Kumar, turbaned Sub-Inspector
and other policemen. Big iron pipes were put between his legs
and heavy pressure was put on the legs which gave him immense
pain. Iron roller(Ghotna) was applied on his thighs. One policemen
even brought his service revolver and threatened him of life
and extorted him to confess his involvement in the theft cases
including one of stealing a Kinetic Honda. Blows of wooden sticks
were also given on the delicate part of the feet. At about 5
a.m. on September 29, 2002, Sub-Inspector Baljit Singh, Sub-Inspector
Ram Kumar alongwith other policemen brought four boys to the
police station. In his presence, the above policemen mercilessly
beat the boys amid loud cries. One policeman even gave strong
fist blows on the forehead of Raju(deceased) and due to acute
pain, Raju cried loudly. During the day, the owner of YOUR CLOTH
HOUSE, Sector 20-C, Chandigarh and another shopkeeper, namely
Mr.Sawhney had come to the Police Station and all the four boys
were again beaten in their presence. At about 8 p.m. the same
day, Raju(deceased) and Lal Yadav were taken outside the police
station. He thereafter, told that he was produced before the
Judicial Magistrate, U.T. Chandigarh and was remanded to police
custody for seven days. Later on, he was remanded to judicial
custody and is at present lodged in Model Jail, Burail, U.T.
Chandigarh. He also said that he was not provided with any Legal
Aid counsel by the police.
- Dharam Pal, father of Raju(deceased) was contacted with great
difficulty, because he was being pressurized by the policemen
and the influential shopkeepers of the market in Sector 20-C,
Chandigarh. During the interview, he refused to talk with the
team about the death of his son and said that his son could
not be brought back to life now. After much reluctance, he told
us that his son had died due to pain in his stomach and did
not suspect foul play. He even refused to accept that his son
was ever picked up by the police. (His behavior was doubtful
as if he was feeling afraid of someone. He is very poor person
and works and stays outside the shops in the market of Sector
20, Chandigarh.)
- Inspector Jagbir Singh, Incharge CBO Cell, Sector 26, Chandigarh,
was contacted by the team on telephone. On being asked direct
question as to whether Raju(deceased) was actually picked up
by Sub-Inspector Baljit Singh Delhiwala, Sub-Inspector Ram Kumar,
turbaned Sub-Inspector and other policemen, he flately denied
this allegation. He however, said that Raju(deceased) was called
to the CBO Cell to ask about one Ajay Kumar(who is at present
absconding) and was let off after sometime. He also said that
Ajay Kumar and Raju(deceased) were involved in a stabbing case
registered earlier and the police wanted to get the whereabouts
of Ajay Kumar from Raju(deceased). Ajay Kumar was reportedly
absconding after jumping bail from the court. He denied that
Raju(deceased) and other three boys named above were ever picked
up by Sub-Inspector Baljit Singh Delhiwala, Sub-Inspector Ram
Kumar, turbaned Sub-Inspector and other policemen and tortured
in CBO Cell, Sector 26, Chandigarh.
POLICE VERSION:
According to the police, no F.I.R. has been registered in the
matter of death of Raju(deceased) because it was a natural death
and was not a police case.
FINDINGS:
After examining the above witnesses and viewing the circumstances
arising in the present case, the team arrived at the following
findings:-
- It can be easily concluded that Raju (deceased) had actually
been picked up and badly tortured during his 15 hour illegal
detention at CBO Cell, Sector 26, Chandigarh by Sub-Inspector
Baljit Singh Delhiwala, Sub-Inspector Ram Kumar, turbaned Sub-Inspector
and other policemen and his death was caused due to the inhuman
treatment meted out to him by the Chandigarh Police. There is
sufficient evidence to hold that when he was taken to CBO Cell,
he was hale and hearty and his condition was not good when he
was dropped by Sub-Inspector Baljit Singh Delhiwala, on his
two-wheeler scooter alongiwth Lal Yadav the same evening near
the market of Sector 20, Chandigarh.
- The policemen of Chandigarh Police have flouted with impunity
the guidelines laid down by Hon’ble Supreme Court of India
in, D.K. BASU vs. STATE OF WEST BENGAL,reported in AIR 1997
SC 610 by not following the procedure while arresting the above
persons and also violated the order of Hon’ble Punjab
& Haryana High Court in, VANEETA GUPTA Vs. STATE OF PUNJAB
AND OTHERS, in which it was ordered that no instruments of torture
should be kept in any police station or place of detention in
Punjab, Haryana and Chandigarh.
- Ironically, the Chandigarh Police has left no stone unturned
to cover-up the entire case and shielded its officers, particularly
Sub-Inspector Baljit Singh Delhiwala, Sub-Inspector Ram Kumar
and other policemen which is highly condemnable It may be pertinent
to mention here that Sub-Inspector Baljit Singh Delhiwala, is
a tainted police officer and had earlier been dismissed from
service by the then Inspector General of Police, U.T. Chandigarh.
- The father of the deceased has been pressurized by the policemen
and influential shopkeepers of market of Sector 20, Chandigarh,
not to highlight the incident.
- Besides, torturing Raju(deceased) and others, Chandigarh Police
is guilty of keeping another juvinile, Raju Yadav, son of Ram
Pher in illegal custody for three days and subjecting him to
third degree treatment and falsely recorded his age as 19 years,
instead of his actual reported age as 16 years.
- No legal aid was provided to the victim Raju Yadav by the
police and no legal aid counsel was provided to him during his
production in the court.
- The role of market Pradhans(heads) and other persons having
acquaintance with the Chandigarh Police is also condemnable.
Some shopkeepers who had proximity with the policemen has been
pressurizing the father of the deceased and other witnesses
for keeping silence on the incident. Instead of helping the
poor victim, these persons played the role of touts of policemen
and pressurized the witnesses to hush up the matter.
RECOMMENDATIONS:
- In order to prevent the re-occurrence of custodial crime in
the police stations in Chandigarh and cover up exercise undertaken
by the delinquent police officers, it would be in the fitness
of things if Sub-Inspector Baljit Singh Delhiwala, Sub-Inspector
Ram Kumar, turbaned Sub-Inspector and other policemen who took
the law into their hands and tortured the victims should be
punished for offences under Section 342, 330, 511,199 and other
sections of Indian Penal Code and Section 29 of The Police Act,
1861. Departmental action should be taken against them. Inspector
Jagbir Singh, being the incharge of CBO Cell, Sector 26, Chandigarh
where the present incident had occurred, is equally liable for
the acts of omission and commission of his subordinates and
should be immediately sent to police lines.
- Since Raju(deceased) was a earning hand to his father, Dharam
Pal in his old age, adequate interim compensation should be
paid by the Chandigarh police to Sh.Dharam Pal.
- Raju Yadav who is a juvenile should be sent to juvenile home
and tried in accordance with the provision of Juvenile Justice
Act.
- A team comprising of senior officials of Chandigarh Police,
human rights activists and representatives of ChandigarhAdministration
should be formed to ensure the guidelines laid down by Hon’ble
Supreme Court of India and Punjab & Haryana High Court that
no instrument of torture is kept in any police station, CIA
staff or place of detention in Chandigarh and nobody should
be subjected to third degree torture while in police custody.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the above report to the concerned
police and civil authorities, besides releasing it to the press.
But no action has been taken by any authority.
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