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
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 For Human Rights International, comprising
of Mr. Arunjeev Singh Walia, Mr. Ravinder Singh, Mr. Mohinder
Kumar and Mr. Yogesh Vinayak, 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:
- Amrik Singh, father of the deceased
- Sushil Kumar, a friend of the deceased
- Amandeep Singh alias Lovely, another friend of the deceased
- Vajinder Singh, brother-in-law of the deceased
- Daljit Singh, neighbour of the deceased
- Surjit Singh, a friend of Amrik Singh( deceased’s father)
PLACES VISITED:
- Residence of the deceased
- Place of incident
- Civil Hospital, Ludhiana-mortuary
- Arti Cinema Chowk, Ludhiana(Place of Public Dharna)
NAMES AND PARTICULARS OF ACCUSED PERSONS;
- Inspector Gurmeet Singh “Pinky”, Police Lines
Moga.
- Bittu Gill, gunman of Inspector Gurmeet Singh Pinky.
- Paramjit Singh Pammi, the owner of Verma Gun House, resident
of Maharaja Nagar, Ludhiana
- Panna, the owner of Sardar Tent House, Ludhiana
- 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:-
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:-
- 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.
- 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.
- 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.
- 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.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the report to Punjab State
Human Rights Commission, Director-General Police, Punjab and other
concerned police and administrative authorities. Our organisation
provided free legal aid to the father of the victim, Avtar Singh
by assisting the prosecution in the trial court at Chandigarh
where nine accused including Gurmeet Singh “Pinky”
are facing trial. Our organisation also provided free legal aid
to the father of the deceased in the Punjab & Haryana High
Court for opposing the bail pleas of the accused and for seeking
other reliefs.The trial of the murder of Avtar Singh, deceased
is pending in the Court of Sessions Judge, Chandigarh and four
out of nine accused are in judicial custody.
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