Report VI
INVESTIGATION REPORT OF BEATING OF INNOCENT VILLAGERS OF NAYAGAON,
DISTRICT ROPAR BY PERSONNEL OF CENTRAL RESERVE POLICE FORCE ON
OCTOBER 17,2001
Chandigarh.
October 20, 2001
Background
It is indeed a sad fact that incidents of Police highhandedness
in Punjab have become very common. The life and property of the
people has always remained under threat. The incidents of Police
lawlessness have contributed much to the increasing crime graph
in the State during the last four years. Newspaper stories narrating
incidents of policemen beating innocent citizens are too heartrending,
like the one which appeared in The Tribune, Chandigarh dated October
18, 2001 titled “ CRPF men storm village, assault 3”.
On reading this news report, a team of Lawyers For Human Rights
International was formed to conduct an on the spot investigation
and report about the factual chain of events. The team comprised
of Arunjeev Singh Walia, General Secretary, Tejinder Singh Sudan,
President Chandigarh District Unit, P.K.S.Gill, Manpreet Singh
Chahal, Mohinder Singh and Mohinder Kumar.
Places visited
- Village Nayagaon, District Ropar (Place of Incident)
- Police Post, Nayagaon, District Ropar
- Post Graduate Institute of Medical Education and Research,
Chandigarh
- 37 Battallion, CRPF Headquarters, Chandigarh
- Office of Deputy Superintendent of Police, Mohali, Distt.Ropar
Names and addresses of victims:
- Mr. Gaje Singh, son of Mr.Gulu Singh, Scheduled Caste, aged
around 39 years, Occupation-Tailor, Education-8th Class passed,
Marital Status- married (main victim,injured in the beating).
- Mr. Darshan Singh, son of Mr.Maru Singh, aged around 39 years,
handicapped, Occupation- shopkeeper, Education-illeterate, Marital
Status- married ( passer-by,injured in the beating).
- Mrs. Satpal Kaur, widow of Mr.Maru Singh, aged 78 years,
Occupation-Old widow, Education-illeterate, Martial Status-Widow(passer-by,
injured in the beating)
Facts:-
Gaje Singh, son of Gulu Singh, is a Scheduled Caste lower class
tailor having a small shop in village Nayagaon, District Ropar.
One Constable Ramesh Chand of 37 Battalion, Central Reserve Police
Force attached with the Security of Chief Minister, Punjab, was
his customer. He had visited his shop few days ago for getting
some alteration in the dress. On October 17, 2001 when the said
Constable in civil clothes again came to his shop in the evening
at about 5 p.m. some heated arguments ensued between the two over
the expenses for the job work which was diffused by the neighouring
shopkeepers. The Constable was allegedly beaten up by the tailor
and his neighbours. Agitated over the misbehavior, Constable Ramesh
Chand came back to his camp and informed his colleagues. Few minutes
thereafter, fiv-six more personnel of the CRPF in civil clothes
came to teach lesson to the tailor. The villagers resisted the
attack and these persons went back to their camp and came back
again with a heavy contingent of the CRPF men in uniform armed
with service weapons at around 8.15 p.m. and attacked the shop
of Gaje Singh the tailor, after cordoning off the entire market.
They went berserk and ransacked the shop of Gaje Singh as well
as other shops in the market and assaulted every person coming
in their way. Gaje Singh was mercilessly beaten with iron rods,
wooden part of the assault rifle and wooden sticks. He was also
given a blow with the knife attached with the .303 self loading
rifle by the police men. He suffered serious injuries on his head,
chest and feet. He fell un-conscious then and there. One handicapped
shopkeeper Darshan Singh, son of Maru Singh and his old mother
Satpal Kaur, who came for his rescue were also attacked with iron
rods. Darshan Singh suffered fracture on his right arm and Satpal
Kaur suffered internal injuries on her back due to the indiscriminate
beating by the CRPF personnel. Even the Police post which was
manned by Punjab Police was quite few yards away from the spot,
had only three policemen present and they also remained mute spectator
to the whole incident which lasted for about 15 minutes. The violent
police personnel of the CRPF then fled from the scene after creating
a havoc in the entire village. Later on, the injured were taken
to PGI,Chandigarh for treatment where two persons namely Gaje
Singh and Darshan Singh remained admitted till October 18, 2001.
Police Version:-
According to Punjab Police Sub-Inspector Gurmeet Singh, Incharge,
Police Post, Nayagaon, District Ropar a case under Section 452,323,506,148,149
of the Indian Penal Code has been registered on the complaint
of the victim Gaje Singh against Constable Ramesh Chand and other
unknown persons of the 37 battalion CRPF. No arrests have been
made till the filing of this report. The Deputy Superintendent
of Police, Mohali under whose jurisdiction the area falls stated
to the team on phone that more sections could be added against
the accused after receipt of Medico-Legal Report from the PGI,
Chandigarh. He also admitted that efforts are made to compromise
the matter and Punjab police would have no objection if the matter
is compromised. He stated that since the accused belongs to Central
force so prior sanction is necessary from the Central Government
for their formal arrest, but they have not applied for getting
such sanction till date.
The Commandant of 37 Battalion CRPF, Mr. S.C.Saini admitted that
not only his men had committed illegal acts, but have also disobeyed
the order of the Deputy Commandant, Joginder Singh who had restrained
them from going outside the camp to fight with the tailor. Mr.
S.C.Saini said that it was the most unfortunate incident which
has brought bad name to his force. He assured of strict action
against the erring personnel. He immediately ordered the suspension
of Constable Ramesh Chand, one Head Constable and two other Constables
involved in the incident. He even agreed to compensate the victims
by bearing their medical expenses, but refused to tell whether
the said expenses would be born by the CRPF or deducted from the
salaries of the guilty policemen. He agreed that it was a blatant
case of Police highhandedness and that his men had no business
to go to the village Nayagaon, as the village fell in Punjab and
they had no jurisdiction over the said village. He denied that
his men were armed and in uniform when they attacked the village.
His frank admission of the guilt of his men is indeed praiseworthy.
Action taken by Police:-
The Punjab police has only booked One Constable Ramesh Chand
alongwith other unknown persons of CRPF under Sections 452,323,506,148,149
of the Indian Penal Code. No body has been arrested so far. The
victims were also not properly looked after by the Police in the
hospital. The statement of the victim Gaje Singh was recorded
in Punjabi and his signatures were obtained even though he cannot
read or write Punjabi. He says that he had not read his statement
before putting his signatures on it.
Findings:-
The investigation team of the Lawyers For Human Rights International,
visited village Nayagaon on October 18, 2001 and during the course
of investigation met many persons and recorded the statements
of the victims and injured persons and also talked to the Police
officials as well as residents of the village. Facts disclosed
by the victims and the admission by the Punjab Police and the
Commandant 37 Battalion,CRPF, Mr.S.C.Saini, there hardly leaves
any doubt that:-
- The act of tresspassing into the shop, beating, assault and
causing grievous injuries by Constable Ramesh Chand and his
accomplices of 37 Battalion, CRPF attached with the Security
of Chief Minister,Punjab, with their service weapons, to the
victims, Gaje Singh, Darshan Singh and other persons of Nayagaon,
District Ropar on October 17, 2001 was wholly unjustified and
without any provocation. It is a clear case of Police highandedness
and amounts to commission of offence under Sections 330(voluntarily
causing injuries to a person with a view to compel the restoration
of some property), 307(attempt to commit murder), 326 (causing
grievous hurt with deadly weapon) and 120-B of the Indian Penal
Code.
- The in-action of the Punjab Police in preventing the CRPF
personnel from going berserk and indiscriminately beating the
victims and then booking the guilty policemen of CRPF for minor
and bailable offences and then by not arresting them is shameful.
It has given wrong signals to the common man that if the offender
is a Police man, the Punjab police will keep a soft heart towards
such criminal. The comments of the Deputy Superintendent of
Police of the area having the jurisdiction that ‘they
would have no objection if the matter is compromised amicably’,
smacks of partisan.
- The casual action taken by the Senior officers of the CRPF
by ordering the suspension of only four personnel including
One Head Constable is too short of desired action and would
not act as a deterrent for the men in the force,considering
the nature of offence committed by the persons who are posted
on a most sensitive job of protecting the Chief Minister of
Punjab.
Recommendations:-
- The personnel of CRPF involved in the incident should be booked
and arrested under Sections 330,307 and 326 of the Indian Penal
Code, besides the sections already noted. The sanction for their
prosecution should be granted by the Central Government, but
their arrest in the above case is most urgent.
- The Punjab Police must perform the duty of checking the crime
and punish the criminal instead of keeping a soft heart towards
the guilty CRPF personnel who have committed two serious offences.
The Police must act harsh, if such incidents are to be checked
in the future.
- The CRPF authorities should immediately dismiss such rowdy
and indisciplined men of their force who are so short tempered
that they go berserk without even a slightest of provocation.
At the same time, the victims who are poor shopkeepers must
be suitably compensated and full expenses for their medical
treatment should be born by the CRPF which should be later on
deducted from the salaries of the guilty personnel.
- The Security Incharge of the Chief Minister, Punjab must
do a complete screening of the personnel of Central forces attached
with the Security of the Chief Minister, and should do away
with such personnel who do not behave gently with the common
man and have a tendency to take the law into their own hands.
- The action taken against the guilty CRPF personnel should
be exemplary and made to act as deterrent for other officers
of the force, otherwise such law breakers may cause more harm
than they have done in this incident.
ACTION TAKEN BY LHRI
Our organisation sent copies of the above report to the concerned
authorities in Punjab police as well as in the battallion headquarters
of the CRPF at Chandigarh. Later on with the intervention of senior
officers of CRPF, the victims were suitably compensated by the
erring cops and the matter was closed as compromised.
The guilty cops were given mild punishment by the CRPF authorities.
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