Investigation Report into Suicide of Bhupinder
Singh, Truck Operator
SAS Nagar, March 29, 2003
Background:
After getting information about the suicide of a young truck
operator in SAS Nagar on March 18, 2003 through local cable news
channel as well as local newspapers and repeated controversy involving
the role of local police, a team of Lawyers For Human Rights International
comprising of Arunjeev Singh Walia, Devinder Singh Kamboj and
Avtar Singh, was constituted to probe the circumstances under
which the deceased committed suicide and whether there was any
foul play in the entire incident or not. The team received valuable
feedback and technical support by S.P.Singh, an independent Forensic
expert and investigator, who runs “Center For Forensic detectives
and Investigations”. The investigation commenced on March
22, 2003 and went on till March 28, 2003.
Particulars of the victim:
Bhupinder Singh, son of Late S.Jasmer Singh, aged around 26 years,
marital status- Bachelor, qualification- 8th pass, occupation-
truck operator(driver himself) living seperately in a rented accomodation
in House No.1958, Phase V, SAS Nagar, Mohali
Places Visited:
1.Mohali Truck Union, Phase 6, SAS Nagar
2.Police Station,Phase I, SAS Nagar
3.House No.2665A, Sector 70, SAS Nagar
4.House No.1958,Phase V, SAS Nagar
5.Village Badanpur, Tehsil Kharar, Distt.Ropar
Persons interviewed:
1.Baldev Singh “Peersohana”, son of Fateh Singh,
member Mohali Truck Union,
SAS Nagar
2.Baldev Singh Teja, son of Ajaib Singh, Member, Mohali Truck
Union, SAS Nagar
3.Baldev Singh Malhi, son of Puran Singh, Member, Mohali Truck
Union, SAS Nagar
4.Darshan Kumar, clerk, Mohali Truck Union, SAS Nagar
5.Inspector Rajinder Singh Sohal, the then Station House Officer
of P.S. Phase I, SAS
Nagar
6.Sub-Inspector Madan Singh, P.S.Phase I, SAS Nagar
7.Assistant Sub-Inspector Piara Singh, P.S.Phase I, SAS Nagar
8.Pritam Kaur, wife of Late Jasmer Singh, mother of the deceased
Facts:
According to Baldev Singh Peer Sohana and other members of Mohali
Truck Union, the deceased Bhupinder Singh, son of late Jasmer
Singh, aged around 26 years, un-married was a sober man with no
bad habits. He was known in the union by the nick name of “Gorkha”.
He had purchased the truck no.PB-12-C-1348 from Mr.Ranbir Singh,
presently President of Truck Union SAS Nagar in January 2002 for
a sum of Rs.4.40 lacs. He was a member of the Truck Union SAS
Nagar, since then. However, the said truck was not transferred
in his name due to a seizure of the original registration documents
by the police, after his vehicle was allegedly involved in a road
accident in March, 2002. They alleged that the deceased committed
suicide due to the mal-treatment and mental harassment caused
by the local police at the instigation of some office bearers
of Truck Union, SAS Nagar.
The members of the truck union, SAS Nagar stated that the local
police used to make “unreasonable demands” commonly
called “Begaar” from the Union quite frequently for
police works. If the demand is fulfilled without charging any
money for the service provided then the police co-operates in
their legal or illegal activities and if the “Beggar”
(the demand) is refused, the police start harassing them and in
order to save themselves from police harassment, the Union has
unanimously decided to obey the demands of the police and whoso
ever lends his vehicle for fulfilling this “Begaar”
is compensated with small amount being paid from the Union funds.
The members of the Union are asked to perform the duty of “Begaar”
by the clerk of the Union on rotation basis and every member has
to obey this free service, if he is to remain a member of the
Union.
On March 15, 2003 at about 9.30 a.m. the clerk of the Union rang
the call bell in the compound of the Union and after all the members
including Bhupinder Singh(deceased) had gathered there, announced
the numbers and owners of the trucks being sent for commercial
job work and also announced that there is a “demand”(Begaar)
from local Police for transporting police horses from different
places in Punjab to Anandpur Sahib in connection with the Hola
Mohalla celebrations in Anandpur Sahib. At that time, two policemen
in uniform were also present there.Darshan Kumar, Union clerk
announced the registration numbers and names of owners of trucks
decided to be sent for this “Begaar” as 5324, 8745,
9765 and 1348. But as he called the last number, Bhupinder Singh(deceased)
protested at including his truck for “Begaar” on the
ground that he had already done similar “Begaar” two
months ago when he had gone to Amritsar and that now he is not
in a position to perform this “Begaar”. Thereafter,
he was called to the Union office after about 15 minutes and as
per Darshan Kumar, clerk, Bhupinder Singh refused to go on “Begaar
duty” and told him that his vehicle may be removed from
the rolls of Union and he did not want to remain as a member of
Union anymore. At this, the clerk asked the truck no.CH-01-Y-7194
to go to do the “Begaar” in the place of Bhupinder
Singh. According to some members of the truck union, the two policemen
namely Head Constable Happy Singh and another unknown constable,
who had come to the union office with the “demand”
on a white official motor-cycle, made Bhupinder Singh to sit in
the middle seat of the motor cycle and took him to Police Station
Phase I, SAS Nagar. Baldev Singh Peer Sohana, Baldev Singh Teja
and Baldev Singh Malhi alleged that they saw the policemen taking
the deceased on the said motor cycle at about 10 a.m. on March
15, 2003. Bhupinder Singh was seen coming back to the union compound
after about an hour and taking his truck outside the union premises.
According to Baldev Singh Teja, another member of the union, Bhupinder
Singh after parking his truck in front of the Police Station,
Phase I, SAS Nagar came back on foot to the union premises and
met him. He was looking upset at that time. On being asked about
the reason for his annoyance, Bhupinder allegedly told Baldev
Singh Teja that Jagtar Singh, the General Secretary of the union
insulted him in people and that he will not remain as a member
of the union any more. Baldev Singh Malhi also met Bhupinder Singh,
few minutes later and Bhupinder allegedly told him that Jagtar
Singh had got him beated from Head Constable Happy Singh and had
not considered his hard financial position. He had also told that
he had himself told the union clerk to strike off his name from
the union.
After that nobody saw Bhupinder Singh till the news of his death
reached the union on March 19, 2003.
According to Baldev Singh’Peersohana’, he had gone
to the Police Station, Phase I, SAS Nagar in the evening of March
15, 2003 in connection with some private work and when he saw
the truck of Bhupinder Singh lying parked on the road infront
of the Police Station, Phase I, SAS Nagar, he went to the Station
House Officer, Rajinder Singh Sohal and requested him to release
the truck of Bhupinder Singh. Rajinder Singh Sohal, allegedly
told him to bring Bhupinder Singh before him and also some office-bearer
of the truck union. Then Baldev Singh ‘Peer Sohana’
took along Gurdev Singh ‘Bad majra’ , the Vice-President
of the union with him to the Police Station, Phase I and then
SHO Rajinder Singh Sohal, allowed the truck to be taken back.
But the truck could not be brought back because one of its front
tyre was inflated. According to him, the truck was seen by the
union members in the union premises on March 19, 2003, but nobody
saw any person bringing the truck to the union premises, which
is about 100 meters from the Police Station, Phase I, SAS Nagar.
According to the union members, Bhupinder Singh was a sober person.
He never took any drugs, but occassionally took liquor. He was
not having any financial insecurity, as they had a flat No.2665A,
Sector 70, SAS Nagar and his monthly income used to be around
Rs.7000/- to Rs.10,000/- and he was contended with his income
and family relations. He used to live separately from his mother
for unknown reasons. But his mother denied of having any strained
relations with the deceased or extra-ordinary disturbed nature
of the deceased. There were no circumstances known to anybody
from his family or union members due to which he might have committed
suicide.
His dead body was found hanging from the ceiling of his rented
accomodation in the night of March 18, 2003. Nobody was present
in the house at that time, except the deceased.
Police Version
Rajinder Singh Sohal, the then Station House Officer of Police
Station, Phase I, SAS Nagar, stated that on March 13, 2003 he
was not feeling well and he had taken medical advice from the
S.M.O. of Civil Hospital, Phase VI, SAS Nagar, and he was advised
bed rest for three days. Although he was not on leave, but he
did not attend his office from March 13, 2003 till March 15, 2003.
He denied of having met the deceased on March 15, 2003 or thereafter.
He also denied of bringing the deceased to the Police Station,
Phase I, SAS Nagar on March 15, 2003. He also denied that the
police ever made any “Begaar”(demand) from the truck
union. He also denied of making any demand for four trucks on
March 15, 2003 from the truck union. However, he admitted that
four trucks were voluntarily sent by the truck union to Anandpur
Sahib to participate in the Hola Mohalla celebrations. He could
not given any reply to the question being asked as to the source
of the information regarding sending of four trucks to Anandpur
Sahib on March 15, 2003. According to him, the information about
the suicide of Bhupinder Singh was received in the police station
through an annoymous call on control room no.100 by some unknown
female voice at around 10 p.m. on March 18, 2003. ASI Piara Singh
of P.S.Phase I, was the first to reach the spot. Later on Inspector
Rajinder Singh Sohal, also reached the spot. The dead body was
removed to the Civil Hospital, Phase VI, SAS Nagar by the police,
the same night. According to ASI Piara Singh, the statements of
two neighbours of the deceased, deceased’s mother, his sister,
Baldev Singh “Peer Sohana” and few others were recorded
at the spot on the same night and proceedings under Section 174
Cr.P.C. were done by him. The post mortem of the dead body was
done in Civil Hospital, Phase VI, SAS Nagar according to which
the cause of death of the deceased was due to strangulation. According
to Inspector Rajinder Singh Sohal, local police had no role in
the incident of the suicide by the deceased. According to ASI
Piara Singh, all the relatives and friends of the deceased had
given similar statement to the effect that the deceased was a
habitual drug addict and was of a quarrelsome nature and he was
also having strained relations with his mother, because he was
forcing her to sell off her property and give him the money of
his share, a demand which she was not ready to accept; there was
no foul play in the suicide of the deceased and nobody could be
blamed for the incident. When we asked Baldev Singh Peer Sohana,
Pritam Kaur and Sarabjeet Kaur, mother and sister respectively
of the deceased, about their signatures on the statements recorded
by the police, they told that they were told to put their signatures
on some papers on which something was written, but they were not
allowed to read the contents of the said papers. Baldev Singh
Peer Sohana told us that he is an illeterate and cannot read or
write Punjabi and had put his signatures in Urdu without reading
the contents of those documents. Sarabjeet Kaur also told that
she had signed the statements without reading the same, because
ASI Piara Singh did not allow her to read the contents of the
letter.When we asked as to why the media and union members are
raising their fingers at the conduct of local police, Inspector
Rajinder Singh Sohal said that there is internal dissidence in
the truck union and a handful of members want to show their supermacy
by accusing the police by spreading false rumors.
The tone and tenor of the statements of Inspector Rajinder Singh
Sohal, ASI Piara Singh and SI Madan Singh to whom our team talked,
appeared to be doubtful. Total denial of all major facts by the
policemen show that they were lying, for obvious reasons.
FINDINGS:
After examining all the witnesses and circumstances leading to
the suicide of the deceased Bhupinder Singh, the team has come
to the following findings:-
1. The deceased had committed suicide due to unknown reasons,
because there is no evidence of any other extra-ordinary circumstances
between March 15, to March 18, 2003 when he committed suicide,
but the possibility of feeling of depression or humiliation in
the mind of the deceased, suffered at the hands of police personnel
on March 15, 2003 cannot be ruled out.
2. The police version is completely false. No other reason could
be found out for the Inspector’s and ASI’s false statement
to the team, except to mis-lead the team from knowing the truth.
Complete denial of making the “Begaar”(demand) from
the truck union by the local police also gives good reason for
arriving at this finding.
3. There appears to be a strong nexus of corruption in the local
police,as the “begaar” made by the police to send
the truck to far off places like(Batala, Amritsar, Pathankot)
and transport police horses to Anandpur Sahib has also come into
light.
4. The police obtained the signatures of the relatives of the
deceased and Baldev Singh “peer sohana” at Civil Hospital,
SAS Nagar without disclosing the contents of their statements
which proves the malafide intention of local police in hushing
up the matter.
5. It has also come to notice of the team that some office-bearers
of the truck union, SAS Nagar in connivance with the local police
have tried to conceal material facts which favour the police version.
6. The allegations of the members of truck union, SAS Nagar with
regard to the parking of the truck at the Police Station, Phase
I, SAS Nagar on March 15, 2003 by the deceased and the parking
of the truck with deflated tyre at the police station till the
late evening of March 18, 2003,i.e. the date of death of the deceased
are found to be correct from the statements of the members of
truck union and examination of the truck in question(photographs
of the truck enclosed).
7. The role of senior police officials of the district is also
questionable because neither any departmental action has been
initiated by the senior police officials, nor the guilty police
officials have been reprimanded for their wrongful actions. It
may be pertient to mention here that the local Superintendent
of Police is the son of the Director-General of Police, Punjab
and every effort is being made to protect the Inspector Rajinder
Singh Sohal and his staff.
Recommendations:-
1. It is recommended that an F.I.R. should be registered under
sections 306/34, 342,166, 323, 506 IPC against Inspector Rajinder
Singh Sohal and Head Constable Happy Singh and they should be
suspended immediately. Similarly, ASI Piara Singh, the Investigating
Officer of the case must be booked for destroying evidence and
fabricating false evidence as well as under section 218 of the
I.P.C.
2. It is further recommended that the illegal acts of the local
police in making “Begaar” from the truck union, SAS
Nagar amounts to an offence of extortion and it should be stopped
immediately from continuing such an offence failing which it will
breed contempt for law among the general public.
3. It is also recommended that keeping in view the past tainted
record of Inspector Rajinder Singh Sohal, he should be forthwith
dismissed from service.
4. It is also recommended that the mother and un-married sister
of the deceased should be compensated with ex-gratia grant from
the State exchequer to the tune of Rs.10 lacs as the deceased
was the only earning member of the family. His father had already
expired few years ago.
5. Keeping in view the suspicious role of local police in the
incident and improper investigation, it would be in the fitness
of things if an impartial inquiry is conducted by an independent
agency like CBI, because the case not only involves the death
of a young man, but also relates to the illegal acts of local
police in extorting the truck union to fulfill their “begaar”.
CONCLUSION:
To conclude, we must accept that a police force without any transparency
and accountability is bound to act beyond the pale of law, which
ultimately causes irreparable loss to the social order and impignes
upon the fundamental rights of the citizens. This comment appears
to be most appropriate for Mohali police which is highly condemnable.
SAS NAGAR.
March 29, 2003
(AMAR SINGH CHAHAL)
(ARUNJEEV SINGH WALIA)
(AVTAR SINGH)
(S.P. SINGH)
(DEVINDER SINGH)