Report II
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 :-
- Varsha,widow of deceased
- Mulla Singh, father of deceased
- Ashok Kumar, immediate neighbour of deceased
- Kusum, wife of Ashok Kumar, neighbour
- 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:-
- 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.
- 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.
- 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.
- 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?
- 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.
- 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.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the above report to the National
Human Rights Commission, Home Secretary, U.T. Chandiarh, besides
concerned police authorities of Chandigarh Police. Free legal
aid was provided to the father of the deceased Amanjeet, Mr.Mulla
Singh in filing a Civil Writ Petition in the Punjab & Haryana
High Court seeking CBI inquiry into the custodial death of his
son and for interim compensation to the tune of Rs.5 lacs. The
said petition is pending at the final argument stage in the High
Court. No response was received from National Human Rights Commission
by our organsiation or the father of the deceased.
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