Report IV
INVESTIGATION REPORT INTO THE CUSTODIAL DEATH OF JASPAL SINGH,
A DALIT YOUTH OF VILLAGE SAHERI, DISTRICT ROPAR ON FEBRUARY 7,
2001
CHANDIGARH
February 10, 2001
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 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
- Surmukh Singh, father of the deceased
- Surinder Kaur, mother of the deceased
- Dallan Singh, maternal grand father of the deceased
- Bibi Harbhajan Kaur, Head of Village Gurdwara in Vill. Saheri,
Distt. Ropar.
PLACES VISITED
- Place of incident ( Police Station Morinda)
- Civil Hospital, Ropar – mortuary
NAMES AND PARTICULARS OF ACCUSED PERSONS
- Sub-Inspector Tarlochan Singh, S.H.O. Police Station, Morinda.
- Constable Manoj Kumar, P.S. Morinda
- Head Constable Shingara Singh, P.S. Morinda
- Gurmeet Singh, father of Charanjit Singh, Jat Sikh of village.
Saheri.
- Jagtar Singh, Sarpanch of Village Saheri.
- Surjit Singh, of village Saheri
- Nirmal Singh of village Saheri
- 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 : -
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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 S.H.O. Tarlochan Singh,
the main accused in the murder of Jaspal 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 in Police Custody.
- Departmental action must be taken against those policemen
of Police Station Morinda who failed to save the victim from
further torture and also failed to arrest the culprits after
the incident.
- The property of the culprits must be sealed forthwith and
efforts should be made to arrest the culprits.
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 the State Government.
Human Rights organisations and activists have rightly condemned
the gruesome incident in strong words. To sum up, no words could
express the grief and sorrow of the family of Jaspal Singh, who
have lost their elder 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 S.H.O. Tarlochan Singh
and every person involved in the custodial death and bring them
to trial for the murder of Jaspal Singh. 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 above report to the Punjab
State Human Rights Commission, Punjab & Haryana High Court,
besides concerned civil and police authorities. Our organisation
provided free legal aid to the parents of the deceased and filed
a Civil Writ Petition in the matter seeking interim compensation
to the tune of Rs. 5 lacs for the kin of the deceased. The said
petition is pending in the High Court at the argument stage. The
trial of the case is yet to begin and it is still under investigation.
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