AN INSTITUTION INSULTED ?

Dear friends,

Going by the deliberation on the role of Indian Judiciary today brings complete unanimity on one issue that the accountability of Judges holds key if one has to restore the faith and confidence of the common man in the Justice delivery system and uphold the esteem and prestige of the Institution. But going by the wise saying that “ only way to undo a wrong is to understand the wrong step and choke it with right policy”, in our pursuit for a clean Administration of Justice, I seek to take up few issues of the core with eminent solutions which could help in bringing judicial reforms at the grass root Level.

Sharing equal concern with the litigants over the tardy, expensive and inaccessible judicial system, I feel that today the common man avoids adopting legal course as far as possible, which surely breeds contempt for law. In plain words, instead of being a mean of redressing grievances, the courts have become the mean for crooks to evade justice. We oversee the worsening situation that if this loss of confidence and faith in the rule of Law holds ground any more it is bound to ruin the whole foundation of the institution. Therefore, the fore most duty of every person in the Judicial hierarchy is to endeavor to reduce the backlog of cases at every level and shun all cumbersome procedures and practices whereby cases are delayed and unjust decisions are thrust upon the litigants. We all should feel ashamed at the repeated incidents of attempting to commit suicide by the litigants in frustration. On 29th July,1999 an Octogenarian litigant Kishen Kumar attempted to set himself on fire in the Court room of Metropolitan Magistrate, Delhi frustrated over the granting of adjournment in his case to August, 2000.

Another important issue of concern is the corruption among Judges. While citing judicial decisions of Privy Council of British India, we completely ignore the unimpeachable integrity and honesty of the members of the Bar and Bench. Today, the system has become so abysmal that what to say of Subordinate Judiciary, serious allegations of corruption, mis-use of authority and acting under influence are being leveled against even the Judges of High Court and Supreme Court. And still people with such tainted image are appointed on the highest post of Chief Justice of India. The long drawn agitation of Lawyers against the appointment of Mr.Madan Mohan Punchhi, the then Chief Justice of India on serious charges of corruption and meddling into property disputes and purchasing disputed immovable properties in benami and influencing the court trying the cases, fell on deaf ears and the then Chief Justice of India, Mr. J.S.Verma, still recommended his name for the esteemed post. Mr.J.S.Verma, appears to have been suitably rewarded by “gifting” the post of Chairman of National Human Rights Commission. We cannot forget the role of Mr.G.C.Garg, a retired judge of Punjab & Haryana High Court who while in office tried all means, in getting a house vacated from a Lawyer in Chandigarh. The courage of the Lawyer and pressure from the Bar forced the Judge to feel sorry at his conduct. Still he remained in service for more than six months after this incident and was made the Chairperson of Central Administrative Tribunal, Chandigarh Bench, after his retirement from the High Court. Many judges at the subordinate level have been suspended or dismissed from service on the charges of gross mis-conduct or corruption. But it does not mean that all other judges are not corrupt, the law is that everybody is considered innocent until proved guilty.

The transfer policy of the Judges of High Courts and Supreme Court should be reviewed and it should be ensured that no Judge is posted in his parent State or at a place where his kith or kin is practicing. Similarly the Judges elevated from the Bar must not be transferred to a place where they had been practicing profession. It has been repeatedly seen that the Judges act under influence when their kith or kin appears before them and get a favourable decision in even undeserving cases. But in this insensitive and mock Judicial system who cares for fairness, equity and natural justice ?

Today, a judge imparts “ justice” by seeing the face of the counsel arguing the case, rather than considering the merits of the case. In a given case with similar facts and circumstances, the same judge gives one judgement when the case is argued by a known Lawyer, and another judgement when the Lawyer is an ordinary one. Even a word of protest by the Lawyer over this unethical conduct of the bench invites proceedings under Contempt of Court. If we go by the conduct of every bench in our Law Courts, every Judge commits contempt of his own court bringing insult to the judicial system. The only viable solution to this dilemma in my view is to amend the Judicial Services Protection Act by making it mandatory to record each and every proceeding of every cause in every Court through audio recorders and a Committee of eminent Jurists and Legal experts must be appointed to check those recordings and recommend action against anybody found conducting himself in an awry manner. Legal fraternity and the intelligentsia among the society must rise to the occasion and adopt some means to ensure transparency and proper enforcement of the Rule of Law if the impediments in the system have to be overcome and the dignity and sanctity of the institution restored.

Last but not the least, the Judges must treat the Lawyers with respect. There is no denial of the fact that “If the Judge will listen, he will learn.” Right to defend a client and assist the Court is a fundamental right and onerous obligation of every Lawyer and it must not be curbed by unnecessarily dragging the black laws like Contempt of Court Act etc. I was really surprised at the mis-behavior of a Judge of our own High Court when by the slip of a tongue, I did not use “My Lord” before naming another Judge of the same High Court. It seems that the words of Justice Ansari of Lucknow bench of Allahabad High Court have not reached our Learned Judges of Punjab & Haryana High Court. Justice Ansari in some context rightly said that, “My Lord” has just gone out of the door but has come back through the windows.” In my considered view, Mr.Nand Lal Balwani, Advocate needed to be understood before slapping a four month sentence by the Chief Justice of India in Contempt of Court. Mr.Balwani was accused of hurling shoes at the Chief Justice of India Mr.Justice A.S.Anand, Mr.Justice M.Srinivasan, and Mr.Justice N.Santosh Hegde of Supreme Court of India on February 26,1999. The judgment smacks of emotional driving, the way the Learned Judges reacted in a revengeful attitude. If the Lawyer had behaved in an indecent manner, what decency the bench had shown in sentencing him to four months rigorous imprisonment summarily ? These kinds of incidents certainly bring the institution to disrepute, if today it has one !

The practice of appointing retired judges in tribunals or commissions has grossly affected the impartiality of the judges while in service. Mr. J.S.Verma, before his retirement exonerated Mr.L.K.Advani and many other politicians in the Jain diary hawala case and he was “gifted” with the Chairmanship of the National Human Rights Commission. Similarly, the every Session Judge before his retirement start looking for a post in any tribunal or commission after retirement and tries every bit to please the administration and the politicians. This unhealthy practice breeds corruption in the judicial system.

Yet another issue of a hidden nexus between the Judiciary and the Police force has come to fore in this period of test. Judges at every level treat the findings and allegations of the Police as correct without even an iota of suspicion, thereby betraying the provisions of Criminal Law that the statement of a suspect before a Police officer shall not be admissible in evidence. A document called F.I.R. even if it is prepared by an uneducated and rogue police constable is taken to be gospel truth by the law courts. Even the Supreme Court does not feel shame in spoiling hundreds of pages in commenting on the veracity of the F.I.R. The whole system of Criminal Justice has been frustrated by this nexus. Today judges do not have as many Lawyer friends than Policemen. Whenever a complaint of Police torture comes before it, the Judges behave with unexpected arrogance and they would like to call the accused officer and ask the ‘true story’ before making any order on the complaint, completely eroding the faith of the victim in the justice delivery system . The case of the Custodial torture of three youth and killing of one in Village Hassanpur near Kharar in Distt.Ropar is a sad reflection on this nexus between the Judiciary and the Police. On 29.10.1999, the Kharar Police produced three young boys before Ms. Neelam Arora, Judicial Magistrate, Kharar for seeking their discharge in a criminal case. In fact the three were so badly tortured that they could not even stand on their legs. Their faces were badly injured, and petrol being applied on their annal and other private parts, besides torning apart of their legs at 180 degree. Inspite of this, the Ld.Magistrate without recording the fact of serious bodily injuries on the person of the victims, allowed the application of the Police. Later on a thorough medical examination of the victims showed many external and internal serious injuries belying the act of the Magistrate.

PLIGHT OF DALITS IN PUNJAB

Dalits have suffered the most in the era of bloodshed in Punjab for over a decade. Due to their poverty and illiteracy they lack information and social security in fighting injustice. With more than two lac dalits in the State, most of them live below poverty line and work as daily wage labourer. Over-population and domestic feuds among their families have broken their backbone. Dalit youth are the worst sufferers of discrimination in social as well as educational institutions. Government also ignore the talent and hardwork of the dalit youth in sports, art and culture fields. Society does not acknowledge the equality of Dalit with a common man. Notwithstanding all this injustice, the worst kind of crime against Dalit is perpetrated by none other than the Punjab Police. Once known for its bravery and dying spirit, Punjab police transgressed all limits of legal and human values. For extorting money from innocent people, it committed excesses on common man in the name of combating terrorism. Going by the government figures, a total 5769 terrorists were killed in Punjab by security forces in last ten years. Figures collected from both official as well as unconfirmed sources proved that out of these, around 200 terrorists were Dalits and many of them were even non-sikhs. Most of the poor and labour class dalit youth were forced to join militancy because of excesses committed upon them by Punjab police.

Even today, dalits are no better placed in the society. They have to fight for their rights themselves because they are mis-organised and not aware of their rights and source to seek redress. Common man seldoms help a dalit in distress. A dalit worker is the first suspect in a house if a burglary or theft takes place. The police gives third degree treatment to every suspect for extracting confession. If the suspect is a dalit, he will get more beating than any other person. He is forced to admit the crime and punished by the courts even in those cases where the evidence is weak or un- reliable. An independent study carried on in different jails across the State, revealed that the majority of prisoners lodged in the jails belongs to weaker sections of the society and the number of dalits is maximum.

After the Akali-BJP alliance came to power in the State in 1997, some ray of hope was seen by the dalits for their welfare. The Akali Dal had promised many financial schemes for the dalits and also promised to end police atrocities against dalits. But their promises remained unfulfilled and in the past five years, more than a dozen dalits have been killed in Police custody and more than hundred dalits have been tortured by the police in illegal custody for petty crimes. On August 30,1997 a dalit Pala Singh of village Bhai Bakhtaur in District Bathinda was tortured to death in Police custody for committing a small theft in the house of a villager. A day later on September 1, 1997 another dalit youth Jagan Nath alias Jagnoo, a resident of village Pasla in Jalandhar District died in Police custody in Police Station Goraya, District Jalandhar. Manfool Ram, a 35 year old dalit of village Bhanaur in District Ludhiana was beaten to death in Police Station Mullanpur Dakha in Ludhiana district. His offence was that he was the friend of another dalit youth who had a love affair with a girl of upper class of the same village and both wanted to marry each other. Manfool Ram helped them in getting the marriage solemnized and this irritated the upper class people of the village and bribed the police to teach both the dalits a lesson. Consequently, while his friend suffered serious injuries, Manfool Ram succumbed to his injuries on October 3, 1997. Few days later, Bhola Singh, another dalit youth of village Matti in District Bathinda fell prey to the third degree torture given by the police and died in the lock-up on October 26,1997. Barely a year later, on August 22, 1998, Karnail Singh(60) a member of Panchayat of village Jagatpura in District Taran Taran died due to beating by two Sub-Inspectors of police in the street. Jasbir Khan, another dalit of village Sohana in Ropar district died in Police Station Sohana on January 26, 1999 after he was taken to Police Station on a complaint by some shopkeeper that Jasbir Khan is suspected of a theft in the shop. Many villagers witnessed the police beating the victim for many hours in the police station. Bagga Singh, a dalit of village Naushehera Panuan was beaten to death in Police Station Naushehara Panuan in Disrict Amritsar on the intervening night of July 15 and 16 , 2000. A month later, on August 22, 2000, Sonu (22), a labourer hailing from Bihar and living in Abohar lost his life at the hands of the police because he was having a love affair with a woman of an upper class and both wanted to marry each other. Raju, another dalit youth of Ludhiana was beaten to death by the police in Ludhiana on October 13,2000.Pawan Kumar(32) a dalit youth of Hoshiarpur died in Police Custody on January 1, 2001. Police termed it to be a suicide. Jaspal Singh, a 22 year old dalit youth of village Saheri in District Ropar was beaten to death in Police Station Morinda on February 6, 2001. Maninderjit Singh(19) a resident of Kohali village in Majitha Police district was beaten to death by a school principal, teachers and the police on March 6, 2001. In most of the cases, the police claims that the victim died after consuming some poisonous substance or hanged himself in the lock-up and except few cases, all the cases have been closed as suicide and no police official has been booked. One thing which must be acknowledged is that the police atrocities are more against the dalits in the State for three reasons. First, majority of police force comes from upper Class Jat caste and they consider a dalit as sub-human. Second, the dalits do not get public sympathy due to a wide gap between the upper caste and lower caste people. Third, no dalit officer has been appointed on a high position and due to discrimination by the State agencies, dalits have been denied justice at every step. Illiteracy and lack of information about the rights of the schedule caste and tribe people may be another reason for the high percentage of crime against dalits. Caste system in India is a blot on our civilisation and the dalits are the worst victims of this vicious system branded as a sub-human in the so-called democratic country.

DISMAL STATE OF HUMAN RIGHTS IN INDIA

Even after more than five decades since India became a State party to the fundamental document of Protection and Promotion of human rights viz.. Universal Declaration of Human Rights adopted and proclaimed by the member states of the General Assembly of the United Nations on December 10,1948, what we see everyday is the rape and murder of human rights of its subjects by the State. The fundamental right to life and liberty enshrined in the Constitution has ostensibly remained an utopian idea and having regard to the changing social realities and emerging trends in the nature of crime and violence, transparency and accountability of the organs of the State have gone on a long holiday. We have forgotten that our character is the result of our conduct.

The highest duty of a ruler is to protect his subjects; the ruler who enjoys the rewards of his position is bound to that duty. The fundamental right to life and liberty is the paramount essential to human dignity and human happiness. Only the rule of Law could bring good governance in our country and it becomes the onerous responsibility of the government to strive for upholding rule of Law. The three tier Criminal justice system--- Law making process by the Parliament, investigative and enforcement process by the Police and implementation of the law by the judiciary, is an integral part of the country with good governance. But awfully all the organs have failed to come up to the expectations of the people and have become a means of self-interest rather than the common good of the people. Nobody seems to be interested to admit that “tyranny is the rule of one seeking his own interest. Oligarchy seeks the interests of the rich, democracy seeks the interests of the poor.” The result of this apathy is that the crime against humanity is today screaming to unforeseen heights. Citizens deprived of their basic human rights suffer irresistible pain and suffering, particularly in the context of political unrest and violence in Punjab, Jammu & Kashmir, Assam, Andhra Pradesh, Bihar and Nagaland. The Government of India has come under heavy fire of accusations and allegations of gross violations of human rights of its citizens from all quarters and it was made known that violence can never be extinguished by violence nor private crime be put to sleep by State crime. This forced the rulers to take steps for repairing its dented image. The Protection of Human Rights Act,1993 was enacted for securing the Protection of human rights of the citizens of India. But as the wise saying goes, that the country which has too many laws has too little justice, India has painfully became one of the most vulnerable countries where human rights violations are the highest. This act alike other laws of the country have failed to stop the Communal riots, massacre of lower class people by feudal lords, indiscriminate killings and setting fire of people belonging to minority communities, mass genocide of particular religious community and killing thousands of civilians in the name of war.

Every day, media reports about killing of terrorists, security men and people belonging to particular community in different parts of the country worries every human being. Undoubtedly, the killer of a human life can never get respect in a civilised society. But everyday Criminal elements wearing the mask of Politicians and Policemen are rewarded by the people. Is it that we have lost our sense of thinking or our yardstick for good or bad has changed ?

POINT OF VIEW

The demon of Fake Encounter

The ‘police encounter’ of November 3 at Ansal Plaza have many silimarities to hundreds of ‘staged encounters’ that took place in Punjab during the late nineties. First, the strong wall of ‘eye-witnesses’ planted by the Delhi police is quite similar to those of the ‘dare devils’ of Punjab police. The most common claim of the police force in eliminating “Pakistani terrorists” and publicity given to the action of their men by senior officers in the media for showing ‘bravery’ is also similar to the Punjab police. Thirdly, the attempt to intimidate or purchase the eye-witnesse has been borrowed from the Punjab police. It is however, a matter of time to prove that it was yet another fake encounter. They must know that truth speaks for itself. The chain of events in the Ansal Plaza encounter, reminds us of the first fake encounter of Delhi police popularly known as Cannaught Place shootout in 1992 in which the same story was created by the Delhi police, but later held to be a ‘staged encounter’, the most heinous act of police force.

The Ansal plaza incident also matches with a fake encounter in Ambala in 1992, in which three innocent citizens including a four years old child was killed in broad day light by a police party of Punjab police. On July 12, 1992, the occupants of a maruti car were signalled to stop at a naka on the National highway in Ambala and as the car stopped, the policemen opened fire from automatic weapons and shot dead the three occupants on the spot. It was announced that the police had killed a dreaded terrorist, but soon it was established that it was a staged encounter and that no firing had actually come from the occupants of the car. The three persons killed were identified as two Ambala businessmen and their four years old son. On the orders of the High Court, a CBI inquiry held the encounter to be a fake one and at present five police officers including Sumedh Singh Saini, I.G. Punjab Police are facing murder charge in the said case. There were hundreds and thousands of similar fake encounters in Punjab during the days of terrorism.

Few things must be understood to expose the wrongdoings of the police force across the country. Firstly, it is not a coincidence that a fake encounter is planned and executed near some national festival or event like Independence day or Republic day. This time, it was executed just a day before Diwali.This gives the police a golden defence of “threat to national security”. The phantom of “cross border terrorism” is also a favourite defence of a policeman to take shelter whenever caught in a situation like the Ansal Plaza incident.

To every person with prudence, it sounds bit bizzare that inspite of high alert and intelligence reports of an eminent action by the terrorists in the capital and deputing a large number of policemen, the two “terrorists” managed to reach the Ansal Plaza complex. In a fake encounter like this one, it is not surprising that not even a single empty cartridge of the arms recovered from the slain ‘terrorists’ was found from the spot, nor any point has been found where the alleged cartridge had hit. It is although an old argument, but very relevant, that not even a single shot hit the police party in the encounter and both the terrorists were shot dead while sitting inside the car. How two allegedly armed persons travelling in a car can pose threat to people’s life is a question which even the Delhi police is unable to answer ? Even if they were terrorists and had a plan to kill innocent people, why they were not warned to surrender before being shot without any provocation? As per the senior police officials, the police had prior information of the movements of the ‘terrorists’ and their plan. That being so, why they did not ambushed them at some other place ? Having declared that the killed persons were Pakistani, the police must get concrete evidence to prove it, but nothing has come out as such till date. Simply announcing the names of the slain persons which in all probability, the police seemed to have completed their duty. By not bringing the facts straight, Delhi Police is eating the pie. The intimidation and harassment to the eye-witness is equally questionable.

It is often said that this mindset of policemen in gunning down innocent people in fake encounters will never change. But human rights activists take an optimistic view. They feel that it is not impossible, though a bit difficult to check this inhuman act. Deterrence and Reforms are two factors which may help in containing human rights violations. The Judiciary, under these circumstances has the primary responsibility to make every offender accountable to the law. The judges must act strongly in a case of a fake encounter. There should be a separate and fool proof procedure for trying heinous offences like fake encounter or custodial deaths and if proved guilty, the culprit should be given exemplary punishment. Interim compensation to the next of the kin of the killed persons should be made mandatory in every such case and the amount so awarded should be recovered from the wages of the deliquent officer. Suitable compensation should also be awarded to the relatives of the deceased after conviction of the accused policemen. Last but not the least, there is urgent need of changing the attitude of the police force. It is possible by subjecting every policeman to periodical treatment in the psychiatry department where every policeman from the lower rank upto highest rank should be checked for various mental problems like mental stress, depression etc. .No body denies that the police department has hard working conditions and cruelty, rudeness and impatience is natural fallout of this uneasiness. But if a person has any ailment it must be cured before it becomes incurable. It is possible that if the demon of violence is taken out from the police force, it can really become a POLICE force(Polite, Obedient, Loyal, Intelligent, Courteous and Efficient).

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

Dear Sir,

I wish to corraborate the allegations of a victim of police highhandedness that the policemen have demanded money from the accused in lieu of ‘favour’ for obtaining bail or preparing challan. Daily in the court complex, we see policemen helping the accused out of the way for extreneous considerations.

Even after more than a dozen policemen of Chandigarh Police booked on the charges of corruption, there is no fear in the minds of the remaining ones and corruption, false implication, nepotism is writ large in the police department. Now they have come out with another dubios role to become a Judge and Jury.

In the recent past, Chandigarh Police has devised a novel method to reduce the number of filing F.I.R.’s by holding perodical Conciliation Adalat (Lok Adalat) where both the parties to dispute are called and made to compromise the matter (intimidation and taking bribe is the favourite tool of the conciliation officers). Even a complaint of civil nature or consumer dispute is entertained and the parties are harassed by calling to the police station time and again and forced to enter into a compromise. Last weekend, a Sub-Inspector of Chandigarh Police came to the residence of an old widow in Mohali at 6.p.m. and asked her to come to the police station at 7.P.M. When she talked to her lawyer who informed the policeman that no policeman can summon a lady to a police station after sunset, he threatened that he will take his son with him and then she will herself come after him. When she went to the police station at the summoned time, she was compelled to meet the complainant and redress his grievance. An old lady sorrounded by a battery of khaki clad persons shouting and threatening her of arrest in a cheating case, had little option except paying ‘compensation’ to the aggrieved party. The lady just couldn’t understand what service the police had provided to her by interferring in a consumer dispute which nowhere comes within their jurisdiction.

It is now a routine matter in the courts, that whenever the CBI or vigilance department nabs an officer of Chandigarh Police on corruption charges, a group of his ‘protectors’ in the police force sorround him to the courts complex and prevent the media from taking their photographs and even intimidates the media without fearing of any action from their superiors. Police Act, 1960 prohibits a policeman from conducting himself in a manner unbecoming of a policeman.

It is high time for an introspection for the senior functionaries of the Chandigarh Police and sincere efforts should be made to set the house in order.Annual declaration of assets and income from all sources should be made compulsory for every policeman. Strict action for any allegation of corruption or violation of huamn rights should be taken against any delinquent officer and similarly rewards in the form of promotion or cash awards should be given to personnel having good track record of public dealing. Till then, the role of Chandigarh Police will never become people friendly and all efforts to bridge the gap between the police and the public would prove futile.

 

Chandigarh.
July 30, 2001

The pathetic condition of prisoners of Central Jail, Ferozepur highlighted by a human rights organisation through a complaint in the Punjab State Human Rights Commission few days ago, have stirred a hornet’s nest against the inhuman conditions in the jails across the state. In-action of the human rights panel in the matter, even after finding prima-facie violations of human rights of the prisoners in the Jail have called in question.

Central Jail, Ferozepur with more than a thousand inmates have been in the news for quite some time due to a number of deaths of prisoners under mysterious circumstances during a period of one month. Jagjit Singh, an undertrial lodged in the jail died in June this year under mysterious circumstances. Balbir Singh, son of Basta Singh, another prisoner, also died allegedly due to non-availability of timely medical treatment in the jail on 22nd June, 2001. Similarly, Anwar, son of Fali Ram, who allegedly became ill, died on 24th June, 2001 in the jail. Vipin Kumar, an undertrial died in the same jail on 11th July, 2001 under suspicious circumstances. Rajinder Singh Negi, also an undertrial, met his tragic end under mysterious circumstances in the jail on 12th July, 2001. On learning about the recurring jail deaths in the Central Jail, Ferozepur, a non-government human rights organisation, Lawyers For Social Reforms, Chandigarh deputed a team of its investigators to visit the Central Jail, Ferozepur and to find out the reasons for a number of deaths in a short span. Mr.Shashi Sharma, the investigator of the organisation went to the jail and met the prisoners to know the truth. During the course of his investigation, besides knowing the reasons and circumstances under which five prisoners had died in one month, he came across the latest incident of torture and mal-treatment of the prisoners by the jail authorities and faxed his investigation report to the body, describing the tale of three prisoners, Balwinder Singh, Sukhwinder Singh and Mandeep Singh who were allegedly tortured and the hair of Balwinder Singh, an baptized Sikh prisoner were cut by the jail staff in order to teach a lesson for observing hunger strike in the jail. On the basis of the investigation report, the human rights body of the lawyers filed a complaint before the Punjab State Human Rights Commission, inter-alia stating that all the prisoners have been observing an indefinite hunger strike in the Central Jail, Ferozepur against the highhandedness of the jail authorities in causing the death of Vipin Kumar, a prisoner who had died on July 11, 2001 and that three prisoners were severely beaten and the head hair of one inmate were cut in order to hurt his religious feelings. The complaint sought the Commission to order a high level probe into the beating and cutting of head hair of the inmate and redressal of the grievances of the prisoners of Central Jail, Ferozepur. Considering the serious nature of allegations contained in the complaint, the Commission on 16th July, 2001 directed its Principal Secretary to visit the Central Jail, Ferozepur on 17th July, 2001 to record the statements of the prisoners or any other witnesses and to submit its report within two days. The Principal Secretary of the Commission, Mr.K.K. Bhatnagar, IAS visited the jail premises on 17th July, 2001 and held detailed investigation into the allegations made in the complaint in the presence of Deputy Commissioner, Ferozepur, Senior Superintendent of Police, Ferozepur and the Deputy Inspector General of Prisons, Punjab and other jail authorities. He recorded the statements of more than seven prisoners and learnt that the incident reported in the complaint did take place with some prisoners other than named in the complaint. One inmate Balbir Singh complained to the inquiry officer that he was beaten by the jail superintendent, deputy jail superintendent and two jail wardens at a secluded place in the jail on 11th July, 2001. He also said that he was an Amritdhari Sikh and in order to hurt his religious feelings, his head hair were cut with a crude implement by the jail staff against his wishes. Three other inmates deposed that they were also beaten by the jail staff without any reason and that they saw the head hair of Balbir Singh being cut by the jail staff. Few of them also said that they had complained to a human rights activist about the highhandedness of the jail authorities, when he had come to meet them in the jail. But the jail superintendent, Bhajan Singh alleged that Balbir Singh was a drug addict and he had himself cut his hair in order to implicate the jail authorities when they refused to give him the drugs demanded by him. He said that he himself was a Sikh so there was no question of his cutting the head hair of the prisoner in such a way. The enquiry officer, after recording the statements of the victims and other witnesses as also the jail superintendent, concluded that Balbir Singh had probably cut his head hair himself with some crude object and the allegations of misbehavior of jail staff with the inmates have not been proved beyond reasonable doubt. After holding that the chance of each prisoner who was interviewed being a party to the complaint or otherwise were found to be only 50-50,it also observed that every prisoner had taken a different line which related more to his own particular grievances rather than speaking the truth on the issue. Inspite of this finding, the enquiry officer accepted the version of the jail superintendent and concluded his report by recording that “the charge of human rightrs violation by the jail authorities in Central Jail, Ferozepur including the charge of cutting the hair of a sikh prisoner has not been proved beyond doubt.”

The complainant, an N.G.O.Lawyers for Social Reforms, challenged the findings of the enquiry officer and argued before the Commission that the enquiry report is biased and unfair. It stated that the enquiry officer had failed to consider that how a crude implement could reach the prisoner who had himself cut his head hair and how he could get the drug capsules in the jail as both the crude implement and the drug capsules are prohibited articles as per Rule 540 of the Punjab jail Manual and if at all he had possessed both these articles, why he was not booked for the jail offence ? Secondly, the counsel argued, the fact that all the jail inmates observed an indefinite hunger strike is sufficient to hold that there must be some valid reason for taking such an extreme step by all the prisoners and the agitation among the prisoners against the jail administration. It was pleaded that since the enquiry officer has miserably failed to perform his duty for which he was deputed, therefore a deeper probe is necessary into the inhuman jail conditions by a member of the Commission and prior to that the jail superintendent and other staff guilty of human rights violations should be suspended or transferred in order to ensure free and fair enquiry.
The Commission after hearing the arguments of the complainant finally held in its detailed order dated July 25,2001 that the enquiry officer was not right in holding that there has been no violation of human rights of any prisoner in the jail. The Commission also held that—

“ Balbir Singh prisoner in his statement has stated that he is an Amritdhari sikh since the year 1986/87. He is in custody since 1992. His version is also supported by other witnesses regarding his taking away from his barrack by the concerned jail officials on July 11, 2001 at 11.30 a.m. or 12.00 noon and his return to the barrack on July 13, 2001. He has leveled allegations against certain jail officials for torturing and cutting his head-hair. He being an Amritdhari Sikh, the version of Shri Bhajan Singh, Jail Superintendent, that Balbir Singh had himself cut his head-har in order to pressurise the jail administration to supply him some intoxicants, is not ex-facie logical and requires a deep probe as the report is silent regarding the procuring of a sharp edged article with which the hair could be cut. Thus, it is not ex-facie probable to expect that Balbir Singh prisoner had managed to procure some sharp edged article or an improvised knife or scissors for cutting his head-hair himself. The aforesaid report is also silent regarding the source of availability of intoxicants inside the jail.”

After saying in so many words, that the report of the enquiry officer is not correct, the Commission held that “it is desirable that an independent, deep and detailed judicial probe should be held in this matter through some retired judicial officer of the rank of Sessions Judge who should complete his enquiry and submit his report positively within a period of one month.”

The moot question which arises is that when the integrity of the officer of the rank of a Principal Secretary of Punjab State Human Rights Commission has come under cloud due to his biased report contrary to the evidence on record, should the Commission employ such officers for inquiry into cases of human rights violations any more, who does not seem to have any interest in bringing to light the truth. The erroneous enquiry report by the Principal Secretary has made a farce of a probe conducted by him. The saddest part of the story is that the Commission has also passed the buck by further delaying the matter for another month, by ordering another enquiry to be conducted by a retired Sessions Judge, inspite of categorical finding to the effect that the human rights of the prisoners have been violated in the jail. The least it could have done was to recommend the suspension or the transfer of the jail superintendent and deputy jail superintendent in order to ensure free and fair enquiry and the enquiry should have been conducted by a member of the commission, instead of a retired judicial officer. As of now, the prisoners of Central Jail, Ferozepur are left in the lurch to bear even more inhuman treatment at the hands of jail officials against whom they have deposed. No wonder, if there may be further complaints of torture and even custodial deaths in the jail. The second enquiry conducted by Mr.N.S.Saini, retired Sessions Judge, had also failed to recommend any severe measures, although he did hold that the prisoners supported their earlier statements of mis-behavior and beating by the jail staff. He, alike the earlier enquiry officer, went out of way to check or even counter-check the averments made by each prisoner and in his own way, rejected all the complaints of the prisoners, for the reasons best known to him.

Later on, when our organisation received the copy of the second enquiry report, we opposed the final recommendation of the enquiry officer that the case should be filed as incorrect and prayed that the two victims,i.e. the actual prisoners with whom the alleged incident of inhuman treatment has occured may be summoned before this Commission to ascertain the true facts. The Commission summoned the victims and recorded their statements, but inspite of getting actual information regarding the inhuman conditions of the prisoners in Central Jail, Ferozepur has fixed the complaint for final arguments by the Complainant organisation in February, 2002. The statements of the victims, recorded before the Commission have left no room to doubt that the prisoners are being terrorised, beaten and subjected to inhuman torture in Central Jail, Ferozepur. But for reasons best known to the Commission, it could not find sufficient reasons to order the recommendation to the State government for improvement of the living conditions of the prisioners in the jail.

Every concerned citizen is pained at this lackasdiscal approach of the Commission and is constrained to hold that the agenda of the Commission seems to protect everything but the human rights.

DEATH IN POLICE CUSTODY AND POLICE ENCOUNTER –
A CASE FOR JUDICIAL CONCERN

In India where rule of law is inherent in each and every action and right to life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, instances of torture and using third degree methods upon suspects during Police custody are a matter of routine these days. Use of excessive force and exceeding lawful authority by Police many a times causes Custodial death. If torture of suspects during Police custody is a serious crime, causing death by beating in Police custody is even worst crime and a most condemnable act. Indian Criminal Laws have given extra-ordinary powers to the Police which are often mis-used or abused by the men in Khaki. The force which is supposed to protect the life and liberty of the citizen when behaves inhumanly and become law unto themselves by perpetrating crime on innocent people, it is bound to encourage lawlessness and breeds contempt for law. Custodial violence is indeed a matter of great concern. Thinking of the trauma and fear that a victim might be suffering in the Police custody, the protection of the life and liberty of the victim from torture and abuse of power by the police and other law enforcing officers becomes most urgent and sacred duty of every law-abiding citizen and every organ of justice delivery system. Custodial violence including torture, death in Police custody and staged encounter, strikes a blow at the Rule of Law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law. In custodial crimes, not only the infliction of body pain is worrisome, but also the trauma and mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is third degree torture or rape in Police custody, the extent of trauma, a person experiences is beyond the purview of law. As per the reports released by National human Rights Commission, only 188 deaths in Police custody were reported in 1996-97. In the course of further twelve months, more than 888 people died at the hands of country’s guardians of the law. Inspite of clear prohibition in law from subjecting any person with torture, Complaints regarding Custodial torture and deaths in Police Custody or false Police encounters are ever increasing in the Supreme Court and different High Courts, besides National Human Rights Commission and State Human Rights Commissions across the country. During the early eightees’ when the arm of law was more powerful and every person accused of torture or custodial death was given maximum punishment, Custodial crime was in the decline, but during the period 1991 till the begining of the new millennium, with the law courts started taking a lenient view against such crimes, awarding compensation to the victims rather than punishing the guilty and there being no deterrent for the perpetrators of the custodial crime, incidents of custodial crime have increased manifold. According to a Statement placed in the Lok Sabha, in the monsoon session in August, 2000, more than seven hundred and ninety persons have been killed in Police custody. Unofficial figures goes upto 1500, which includes people killed in false encounters, and judicial custody.
The human rights commissions across the country attributes the increase in this macabre total to the fact that it had issued repeated instructions that information regarding such tragic occurrences must not be suppressed. This may be the case, but that still does not justify the unconscionably high number of extra-judicial killings that mark law enforcement in India.

In the forgotten corners of dusty police stations, lathi and roller continue to make harsh contact with flesh and bone. So secretly is this done, so discreetly, that the democratic nation which houses these modest citadels of terror can continue to believe that it is indeed a democracy. Their acts of commission, corruption and barbaric methods of torture, kidnapping and ransom, fake encounters, eliminations and custodial deaths etc. put to shame any civilised society. When corruption and greed intermingle in such a state of affairs, many of the actions of the men in uniform take the form of contract killings, extortion etc. This also includes taking possession of valuables or property, terrorising the public to discourage possible witnesses etc. all in the name of fighting the outlaws. When the Policeman transgress the very law he fights to restore, what follows is, revultion, revenge and further alienation. State terrorism can never take the place of armed conflict by certain groups of terrorists in any civilised society. Just one example would suffice to illustrate how the Police force first commits the crime and then undertake face saving exercise. On the night intervening 10-11th August, 2000, a twenty nine year old RMP doctor of Chandigarh, Amanjeet, was reportedly picked up by a Police Control Room vehicle and taken to Police Station, Sector 39,Chandigarh at about 6.P.M. and after few hours he was declared dead. His parents and wife challenged the Police theory that, under the influence of liquor, the victim had jumped out of the moving police vehicle and consequently died, while being brought back from the hospital to the Police Station. The relatives of the victim strongly refute this theory. They said that the injuries on the person of the deceased were not from any fall from the vehicle and it bore torture signs also . Amanjeet’s is just one name that figured, perhaps in that infamous list of about 1200 custodial deaths in India this year. What is at stake here is the very definition of what constitutes humanity.

It would be a grave folly to seek sovereign immunity by the Police for their unlawful acts done in the discharge of their lawful duty. And a graver folly still to grant benefit of doubt by the Law Courts, for all its excesses, and rumblings of discontent, the Police like an ordinary criminal consider itself outside the orbit of law of the land and subvert the very authority of Rule of Law and perpetrates crime on the innocent people without any fear of penal action by the Law Courts. Then the situation, which had cast a dark shadow on the lives of unsuspecting people, changed. An “avalanche” of Petitions began to be filed in the courts and Human Rights Commissions. The Law of the land began to find its grip; it girdled and grilled the rowdy police personnel who began to be arraigned. The very same instruments of the State and the institutions which had maintained a sphinx like silence when the police did what it was expected not to do, including committing alleged excesses, tortures or killings in “encounters”, also found their voice and moorings. No doubt that for many acts committed by men in uniform there cannot be any immunity. These can not also be condoned. The “guilty” must be punished. Policemen who committed excesses out of sheer greed to make money, gather awards, settle scores or teach a lesson to their enemies must be given maximum punishment, for they not only committed the crime, but also destroyed the trust and faith of the people in the uniform. The realisation that they are accountable for their deeds as much as any other mortal human being would hopefully make them think twice before doing what has virtually become a habit with them. The fear of the law should be put in the skulls of the political bosses as well who have been using the police to terrorise those not convenient to the ruling clique.

Article 5 of the Universal Declaration of Human Rights, 1948 stipulates that “No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.”

Article 21 of the Constitution of India states that “ no person shall be deprived of his life or personal liberty except according to procedure established by law.”

The UN General Assembly resolution of December, 1989 on the principles of effective prevention and investigation of extra-legal, arbitrary and summary execution says:

“Governments shall prohibit by law all extra-legal, arbitrary and summary executions, and shall ensure that any such executions are recognised as offences under their criminal laws, and are punishable by appropriate penalties which take into account the seriousness of such offences.
.......... In order to prevent extra-legal, arbitrary and summary executions, governments shall ensure strict control, including a clear chain of command over all officials responsible for the apprehension, arrest, detention, custody and imprisonment as well as those officials authorised by law to use force or fire arms.
.......... Effective protection through judicial or other means shall be guaranteed to individuals and groups who are in danger of extra-legal, arbitrary or summary executions, including those who receive death threats.”

Nobody really knows how many people have had to pay with their life for their innocence and respect for the law. There are many who have simply vanished without a trace. There are many more who have died in so-called encounters with the police. In fact, the latter eventuality was a daily routine in Punjab not too long ago and the reports about the encounters were chillingly bland and never-changing: “ The Police was taking a suspect to such and such place for recovery of arms when it was ambushed by his heavily armed accomplices. In the ensuing encounter, the suspect and five of his accomplices were killed. Three AK-47 rifles and a large cache of ammunition were recovered from them.” This was probably, the most favourite, perverted and well established method of dispensing quick justice even on mere suspicion, Article 21 of the Constitution be damned.

Disturbed at the diabolical recurrence of police torture in the country, Justice V.R.Krishna Iyer as he was then was compelled to say that “ The vulnerability of human rights assumes a traumatic, torture some poignancy when the violent violation is perpetrated by the police arm of the State whose function is to protect the citizen and not to commit gruesome offences against them as has happened in this case. Police lock-up if reports in newspapers have a streak of credence, are becoming more and more awesome cells. This development is disastrous to our human rights awareness and humanist constitutional order.”

The figures show that most of custodial deaths have been reported in the States where militancy and insurgent activities are at its peak. For example, Punjab and Kashmir tops the list of States where thousands of innocent people branding them as “terrorists”, have been killed in false police encounters. In Punjab alone, during the period 1988-95 more than twelve thousand people branding them as “terrorists” were reportedly killed in Police encounters. The killings in Kashmir have even gone higher than this. Andhra Pradesh, Tamil Nadu, Uttar Pradesh, Assam and Nagaland are also among the states where a large number of people have been killed in Police Custody. One interesting thing regarding custodial death is that in almost every case of custodial death, the Police comes with the story that the victim committed suicide by either strangulating himself or consuming poison while in Police custody. Deaths in indiscriminate Police firing on the mob are also very common. When a victim dies in Police custody, the first theory the Police usually gives is that the victim consumed poison before he could be arrested by the Police. But the Policemen completely forget that a person is held to be in custody when he is restrained from moving in any direction, no matter if he is on the road or on any vehicle or even in his house.

In order to check Police atrocities and use of third degree methods upon suspects the Punjab & Haryana High in DR.VINEETA GUPTA & ANOTHER VS. STATE OF PUNJAB & ORS. directed the States of Punjab, Haryana and Chandigarh to ensure that no third degree methods should be adopted in the Police Stations, CIA Staff offices, police posts or such other places where a suspect or criminal can be detained or taken for the purpose of interrogation. Police was further directed to remove all instruments of torture such as Ghotana, belts, Shikanjas, chain, voltage regulator or any other instruments of torture. In the complaint of illegal detention and third degree torture and death of one suspect by Police and defence of the police officer that the deceased had died of injuries suffered during the scuffle with other co-accused, High Court sentenced the police officer to R.I.for 9 months and fine of Rs.2000/-. Supreme Court on second appeal confirmed the sentence. (SHAM KANT VS. STATE OF MAHARASHTRA) ( 1992(2) Cri. 943)

A detenue Jaspal Singh was beaten with kicks and lathis in full public view in the precincts of Supreme Court by Policemen. Policemen were charged with Contempt of Court. The guilty cops were sentenced to One month’s simple imprisonment and a fine of Rs.1000/- each. (JASPAL SINGH VS. STATE OF U.P.) (1995 (3) SUPREME COURT CASES 234 )

In the worst case of human rights violation, where suspects were blinded by the police officer whilst in police custody, it was held that if an officer of the State acting in his official capacity threatens to deprive a person of his life or personal liberty without the authority of law, can such person not approach the Court for injuncting the State from acting through such officer in violation of his fundamental right under Article 21 ? Can the State urge in defence in such a case that it is not infringing the fundamental right of the petitioner under Article 21, because the officer who is threatening to do so is acting outside the law and therefore beyond the scope of his authority and hence the state is not responsible for his action ? Would this not make a mockery of Article 21 and reduce it to nullity, a mere rope of sand, for, on this view, if the officer is acting according to law there would ex-concessionis no breach of Article 21 and if he is acting without the authority of law, the State would be able to contend that it is not responsible for his action and therefore there is no violation of Article 21.
(KHATRI & ORS. VS. STATE OF BIHAR & ORS.) ( AIR 1981 SUPREME COURT 1068 )

Mysterious abduction and murder of an Advocate Kulwant Singh of Ropar in Punjab, his wife and two years old child by Punjab police in 1994 brought to light the worst kind of Police brutality in Punjab. Lawyers all over Punjab, Haryana and Chandigarh went on strike for more than two months. Writ Petition filed by Lawyers for judicial inquiry was dismissed by Pb.& Hy.High Court. On an appeal by Special Leave Petition before Supreme Court by Punjab & Haryana High Court Bar Association, directions were given for fresh investigation to be conducted by CBI to instill confidence in Public mind. CBI inquiry held Punjab police responsible for the abduction and death of the Advocate and his family. Police however, prosecuting an innocent person and made him to admit the offence at cost of his life. Supreme Court ordered his immediate release and directed the State of Punjab to pay a sum of Rs.2 lacs to him. A compensation of Rs.10 lacs was ordered to be paid by the State to the old parents of deceased Advocate. Amount of Rs.2 lacs was directed to be recovered from accused Police officers if convicted for the offence under Section 193, 194, 211, 218, IPC.
PB.& HY. HIGH COURT BAR ASSOC. VS. STATE OF PUNJAB RECENT CRIMINAL REPORTS 1996(3) 773

The death of an under-trial in Police custody due to injuries caused by Police came before the Supreme Court of India alleging violation of fundamental right to life of deceased. The Supreme Court for the first time in this case held that the Courts can entertain writ petition under Art.32 and 226 of the Constitution for compensation in case of Custodial death and directed the State to pay monetary Compensation of Rs.1.5 lacs to the widow of the deceased victim. It also held that the defence of Soverign immunity was not available to the police officers. (SMT. NEELABATI BEHRA VS. STATE OF ORISSA) (AIR 1993 SUPREME COURT 1960). A former Naik Subedar attached to Manipur Rifles in Manipur was abducted by Army officers in 1983 and since then his whereabouts were not known. A Writ of Habeas Corpus was issued against the Army directing it to produce the detenue. (SEBASTIAN M. HONGRAY VS. UOI ) ( AIR 1984 SUPREME COURT 571 ).Writ of Habeas Corpus by the mother of two boys who were picked up by the Army in Imphal and their disappearance since then was filed in the Supreme Court. The Court held that there was noo cogent evidence which could lead to show that the boys had been released from custody and held it to be a Custodial death and a Compensation of Rs.1,25,000 /- was directed to be paid by the Union of India to the parents of the boys. (SMT.POSTSANGBAM NINGOL THOKCHOM & ANOTHER VS. GEN.OFFICER COMM. & ORS.) ( AIR 1997 SUPREME COURT 3534 ) A peculiar case of its kind relating to death of 21 people in indiscriminate police firing on a peaceful meeting in a public place was filed in the Supreme Court by PUCL, a human rights organisation in the form of a Public Interest Litigation seeking a judicial inquiry into the incident, compensation to the next of the kin of those killed and withdrawl of false police case. Police in order to cover their atrocitious act started a false case against several innocent people including even some of the people who had been killed in the firing. As a working principle and for convenience, directions were given by the Supreme Court that Rs.20,000/- be paid for every case of death and Rs.5000/- for injured person without prejudice to just claim that may be advanced. (PUCL VS. STATE OF BIHAR) ( AIR 1987 SUPREME COURT 355 ) In a case of Custodial death of a detenue due to Police torture, co-accused Sub-Inspector found guilty of framing incorrect writing and record with intent to save persons responsible for beating the deceased and causing his death in Police Station (Section 218) and also found him guilty of giving false information to shield offenders from legal punishment(Section 201). The Court Sentenced him to 2 years rigorous imprisonment for each of two offences. Policemen who participated in causing injuries to the victim while in police custody, directly or indirectly, found guilty of offence under Section 304 Part II/34 IPC. (STATE OF M.P. VS. SHYAMSUNDER TRIVEDI & ORS.) (1995(4) SUPREME COURT CASES 262 )

Seven Sikhs ranging between 14 to 85 age group, were picked up from their home by a Police party of Punjab Police led by a DSP on 29th October,1991. KPS Gill, the then DGP admitted in his affidavit that the seven persons were not required by the Police and that a DSP of Pb. Police had picked them up because he thought that the brother of said 7 persons was responsible for the abduction of his own brother, and since then the whereabouts of the seven persons are not known. A case under Section 364 IPC was registered against the absconding DSP. Supreme Court while indicting the Punjab police, entrusted the inquiry to be carried out by the Director of CBI himself, into the abduction of the 7 persons and to find out the guilty police officials within 4 weeks.
(INDER SINGH VS. STATE OF PUNJAB) ( AIR 1995 SUPREME COURT 1949 )

Where a detenue was killed due to Police torture in Police Custody on 10.3.1993, the Assam Police built the story that the detenue suffered injuries due to beating by members of general public. F.I.R. registered under Section 302 IPC against unknown members of public. Hailakandi Bar Association filed a Public Interest Petition in the Supreme Court for a CBI probe. Supreme Court directed a CBI inquiry into the incident.
(SECT.HAILAKANDI BAR ASSOC. VS. STATE OF ASSAM & ORS.) (1994 CRIMINAL LAW JOURNAL 2197). In the case of death of Sawinder Singh Grover, a young person in Custody of Enforcement Directorate. Supreme Court marked a CBI inquiry. CBI inquiry held the policemen guilty of custodial death. CBI was directed by the Supreme Court to file FIR against the accused and awarded an interim compensation of Rs.2 lacs to the widow of the deceased to be paid by the Union of India and held that in case of filing of a suit for compensation, the ex-gratia compensation of Rs.2 lacs shall not be taken into account. (In Re: DEATH OF SAWINDER SINGH GROVER & ORS. VS. STATE OF WEST BENGAL) ( 1993(1) RECENT CRIMINAL REPORTS 462)

Upholding the judicial precedent of awarding interim compensation to the victim of Custodial death, the Supreme Court held that any form of torture or cruel, inhuman or degrading treatment would fall within inhibition of Article 21,whether it occurs during investigation, interrogation or otherwise-and that compensation could be granted in Writ Jurisdiction as its purpose is to apply balm to the wounds . The award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages which is lawfully available to the victim with respect to the same matter for the tortious act committed by the functionaries of the State. The relief to address the wrong for the established invasion of the fundamental rights of the citizen , under public law jurisdiction is, thus, in addition to the traditional remedies and not in derogation of them.
(D.K.BASU VS. STATE OF WEST BENGAL) (AIR 1997 SUPREME COURT 610). Another glaring example of Police highhandedness was witnessed in the case when a suspect died in police custody owing to injuries caused due to beating by police and the Investigating Officer converted the case from Sec.302 to Sec.304 IPC within hours of registration of case even without waiting for post mortem report. Case further converted into Section 323/34 IPC during the pendency of Writ Petition and SLP for transfer of investigation to CBI. Supreme Court directed a CBI inquiry for proper investitgation in the case. (KASHMERI DEVI VS. DELHI ADMN.) (AIR 1988 SUPREME COURT 1323). Death of a 9 year child because of beating and assault by police officer. The Supreme Court directed the State Govt. to pay Rs.75,000/- as compensation to the mother of the deceased and held the state liable for tortious acts of its employees and if so advised, the State may recover the damages from employees. (SAHELI VS. COMM. OF POLICE, DELHI & ORS.) (AIR 1990 SUPREME COURT 513)

The National Human Rights Commission on 4th Jan. 1999,ordered the Rajasthan Government to pay a sum of Rs.50,000/- to the next of kin of the deceased Hussain Teli, who was taken to Police Station for interrogation in connection with a murder case and during illegal detention, he was brutally tortured as a result of which he died in Police Custody. The Commission held that “this is a case of death on account of torture by the police during investigatioin and that the body was buried under unusual circumstances by the police authorities only with a view to cover up their mis-deeds.”

HIGH COURT JUDGES FACE ACTION

CHANDIGARH
July 4, 2002

In a chain of events, unprecedented in the Indian judiciary, the Chief Justice of Punjab & Haryana High Court withdrew work from three sitting judges of the High Court on July 1, 2002. The judges from whom work was withdrawn were Mr. Amarbir S. Gill, Mr.M.L.Singhal and Mr.Mehtab Singh Gill. Justice Mehtab Singh Gill was a practicing lawyer of Punjab & Haryana High Court before being elevated to the bench last year. Mr.M.L.Singhal was a Sessions Judge in Punjab and was promoted to the bench of Punjab & Haryana High Court two years ago. The ground for this historic decision are equally shocking.

On March 27, 2002, Ravinder Pal Singh Sidhu, the Chairman of Punjab Public Service Commission was caught red-handed by the Vigilance Bureau, Punjab at his residence in Chandigarh, while accepting a gratification of Rupees five lacs from Bhupjit Singh, an excise Inspector for his selection to the PCS(Executive Branch). Later on, huge sum of money worth Rupees forty million, was recovered from his bank lockers besides immoveable and moveable properties worth hundred million rupees. Very soon few of his touts also landed in the net and their interrogation created a furore in the State. Not only Senior politicians like the former Chief Minister, Parkash Singh Badal and his cabinet colleagues were found involved in the scam, but also many Judges, Senior Police Officers and IAS officers’ figured in the list of persons which got favours by “sifarish” or for “price” through Ravinder Pal Singh Sidhu. The scam that shook the entire country and commonly known as “multi-crore job-for-cash scam” brought to light unprecedented revealations that incompetent persons got selections in higher positions by adopting unfair means whereas thousands of competent and deserving persons lost the chance for lack of sufficient money to pay. It also came to light that most of the appointments during the tenure of the tainted Chairman were made on consideration other than merit.

It was the first scam unearthened by the Vigilance Bureau, Punjab in which every coming day many interesting and disgusting facts were disclosed. Two touts of Sidhu, Randhir Singh Dheera and Jagman Singh in their confessional statements recorded during their interrogation narrated the modus operandi of Sidhu in getting the “price” from the candidates for selecting them after passing in the written examinations. When these disclosures were made against the bureaucracy or politicians, nobody objected to it and took it with interest. But the day when the names of many sitting or retired High Court judges or Sessions Judges figured in the media for having obtained favours from Sidhu for the appointment of their kith and kin or known persons to the PCS (Judicial Service), undercurrents started running in the higher judicial echolons. The names repeatedly figuring in the confessional statements of both Jagman Singh and Dheera were, Justice Amarbir S. Gill for getting his mediocre daughter Amol Gill top the PCS (Judicial Examination) and then selected to PCS (Judicial Services), Justice M.L.Singhal for getting his daughter Sapna Singhal selected to allied services, Justice R.S.Mongia for recommending the name of one Balbinder Kumar for selection to the PCS (Judicial) after taking bribe from him, Justice N.C.Khicchi (retired), Justice Amarjit Chaudhary(retired), Justice J.S.Sidhu(retired), Justice Mehtab S.Gill, Dhyan Singh, former Additional Sessions Judge (retired) for recommending certain candiates for selection to PCS (Judicial Services0. After learning that their names are being published by the media with severe allegations of mis-conduct and breach of oath, almost all the tainted judges in their separate statements to the media denied having sought any favours by putting “sifarish” or getting any bribe for recommending the name of any candidates to Sidhu. Most of them surprisingly denied having known Sidhu or Jagman Singh or Dheera, notwithstanding the fact that the photographs of their kin alongwith Sidhu were published in the media. Both Justice Amarbir Gill and Justice M.L.Singhal said that their daughters got selections solely on “merit”. Justice J.S.Sidhu, whose son is a Sub-Judge in Punjab also gave the same defence. Justice Amarjit Chaudhary, Justice N.C.Khicchi, Justice R.S.Mongia(all retired) denied that they ever knew Sidhu or any of his touts and that they never recommended anybody’s name to him. One day their denials came in the newspapers, another day, the vigilance bureau produced the question papers of Amol Gill, the daughter of Justice Amarbir Gill which establish that she actually secured 75 marks in English paper but were increased to 127 and in one of the question in the Criminal law paper, she actually obtained 30 marks but it were changed to 36. These revealations belied the defence of Justice Amarbir S. Gill that his daughter topped the PCS (Judicial Examination) on “merit”.

When the tainted judges felt the heat of the disclosures made by the touts of Sidhu in which their names prominently appeared, a petition came to be filed from Ravinder Pal Singh Sidhu that the selective disclosures made by the touts that are being released by the Vigilance Bureau in the case is creating an atmosphere of bias and prejudice against him and it should be stopped and criminal case may be registered against the Vigilance Bureau. Mr.Justice K.S.Garewal, while hearing the said petition under Section 482 of Cr.P.C. passed an extra-ordinary ex-parte interim order on May 3, 2002 which reads,

“ It is in the interest of fair and impartial investigation and trial that the respondents are competely prohibited from disclosing the contents of statements of witnesses recorded under Section 161 of Code of Criminal Procedure or the contents of statements /confessions, if any, recorded of the accused in the case diaries and the contents of the case diaries themselves recorded under Section 172 of the Code. This prohibition shall remain in force until the investigating officer files the final report under Section 173 of the Code.”

This blanket ban on the disclosures in the extra-ordinary scam by the High Court was hated by not only the media, but also by the lawyer community in the State. Different Bar Associations passed resolutions seeking the ouster of tainted judges or appropriate action in the matter. The Punjab & Haryana High Court Bar Association in its extra-ordinary general house meeting held on May 6, 2002, spoke openly against the mis-conduct of the judges and condemned the said interim order and resolved to launch a stir if the names of the judges involved in the scam are not made public and strict action is not taken against those found guilty after an independent probe and the order of Justice K.S.Garewal is not set-aside and all local judges are not transferred out of state. Hari Jai Singh, the Chief Editor of The Tribune in his front page editorial titled, “ No My lord” severely criticised the blanket ban imposed upon the disclosures or confessions in the PPSC scam. He wrote, “What has prompted the honourable judge to come out with the order is baffling. Looking at the importance of information flow, the order does not stand the test of logic. It does not involve any point of law. Nor can it be justified on grounds of natural justice. Transparency and public accountability are the very essence of democracy. Why should, My Lord, the judiciary have to be afraid of transparency or the truth being brought out in full public view and under media watch ? Let us not forget the fact that only after the bank lockers were opened in the presence of the print and electronic media that the nation suddenly woke up to the skeletons in the cupboard of the PPSC Chairman.”

Agitated over this order of Justice K.S.Garewal, one social organisation, Common Cause Forum, filed a Public Interest Litigation in the HIgh Court seeking directions to the Vigilance Bureau to make public all information given by the accused or witnesses in the PPSC scam on May 8, 2002. The said petition was clubbed together with the petition of Ravinder Pal Singh Sidhu in which the interim order was passed. The Division Bench of the High Court on May 31, 2002 set-aside the interim order of Justice K.S.Garewal and dismissed the petition of Ravinder Pal Singh Sidhu and held that “there was no valid reason for imposing any restriction, much less a ban, on the publication of news items and reports on the progress of investigation being conducted by various agencies of the Punjab Government into what is being described as the Punjab Public Service Commission recruitment scam.”

Thereafter the Chief Justice of Punjab & Haryana High Court took cudgels to set his house in order and asked the Additional Director Genreal of Intelligence, Mr.A.P.Bhatnagar to assist him and give evidence of the involvement of High Court judges who had sought favours from Ravinder Pal Singh Sidhu. After a detailed inquiry and a finding some substance in the allegations of High Court judges getting their wards selected to the PCS (Judicial) through “sifarish” from Sidhu, Mr.A.B.Saharaya, the Chief Justice of Punjab & Haryana High Court ordered on July 1, 2002 to withdraw work from three sitting High Court judges, namely Mr. Justice Amarbir S.Gill, Mr.Justice M.L.Singhal and Mr. Justice Mehtab Singh Gill till further orders.

The lawyer fraternity all over welcomed the decision of the Chief Justice of the High Court and said that strict action should be taken against the tainted judges, if found guilty of breach of privilege of the office and using “sifarish” for getting their kin selected into PCS(Judicial) or allied services.

This is not the end of the matter. The names of many more sitting and retired High Court judges might have figured in the PPSC scam, but for unconvincing reasons, the whole team of Vigilance Bureau and Intelligence wing of Punjab who had unearthed the whole scam was shifted and efforts are being made to divert the investigation and to cover up the wrongs done by many more influential persons and even congress politicians and judges etc.

IMMUNITY TO THE PUNJAB POLICE ?

Many human rights activists across the region have taken strong exception to the demand of Punjab police officials accused of human rights abuses, for withdrawal of criminal cases registered against them and threat of returning their gallantary awards to the government, raised in a meeting on July 18,2001. It has given rise to many questions which needs to be urgently addressed in the context of this unpleasant controversy.

Violation of human rights of the citizens by the police force is no doubt more heinous, because it shatters the faith and trust of the people reposed in the force which is supposed to protect their rights. No law or rule permits us to condone the acts of barbarities committed by Punjab police since 1984 till today. It would be great folly to remain oblivious of the fact that when their was political failure in Punjab, shockingly, the Punjab police enjoyed unbridled powers and many times acted outside the orbit of law. Rather they considered themselves to be the law and accountable to none. There was no law and order. The state was ruled by the jungle law. Policemen felt proud in killing innocent people in the name of “combating terrorism” or “protecting national security”. Rather they considered themselves to be the law and accountable to none. Lawyers taking up the petitions of fake encounter and police excesses felt embarassed when the courts held them responsible for protecting the criminals. During this ongoing struggle against State repression, the lawyers lost five of its colleagues who were done to death by Punjab Police alongwith their families. In most of the militancy effected period, the judiciary was sent on a long holiday by the very protectors of law and they did what they like. On many occasions the courts even became oblivious at the tale of police excesses and failed to deliver justice. When the state terrorism and judicial inaction crossed all limits, the Supreme Court was made to feel about the gross abuse of human rights by the state police and the it started ordering CBI inquiries and trial of police officials who were accused of killing innocent people in staged encounter, forced disappearance and eliminating people to settle their personal score in the name of fighting terrorism.

Even today, the attitude of the courts has not changed while dealing with the cases of human rights violations. Undue leniency is being shown to the police officials accused of human rights violations and bail is granted to every policemen accused of most heinous crime in the annals of mankind. That’s why not even a single police officer facing trial in cases of human rights violations in the militancy period has been arrested. Human rights activists are at loss to understand the indifferent approach of the judiciary in the State towards cases of human rights violations. This situation if continued anymore may bring serious repercussions and may give wrong signals to the Police force who consider themselves even more powerful and free from bounds of the law and would result in the total loss of faith in the judicial system by the families of the killed persons bringing the system to be ineffective.

The efforts of the human rights lawyers in highlighting cases of police excesses showed results and soon, hundreds of policemen who did what they liked and committed gross human rights violations, were brought to the dock and punished for committing heinous crimes on innocent people. At present more than twenty senior or junior level policemen are undergoing sentence in different jails for committing murder, rape or other heinous crimes and more than two hundred policemen are facing trial for various human rights violations committed by them in the past. In this scenario, the tainted police officials started taking the matter of judicial activism seriously and launched a planned and massive campaign to malign the judiciary and human rights activists. It accused the judiciary of playing into the hands of so-called human rights activists and overlooking their sacrifice and risk they took while fighting an army of terrorists. Mr.K.P.S Gill, Mr. P.C.Dogra the former Police chiefs and now Mr. Sarabjeet Singh has claimed immunity for their men who are accused of human rights violations, but in this campaign they are using the same terror tactics of threatening to return their gallantary awards in case their demand is not met. It needs pointing notice that such an action would not only rake up many buried stories regarding the selection process and policy of rewarding policemen with monetary awards, out of turn promotions and other secret benefits which, certainly may not be in good taste.

No body claims that those brave policemen who sacrificed their lives and put their lives to great risk in fighting terrorism should not be protected for what they did in good faith. But what about those police officers who killed innocent people for plundering their wealth and forcibly possessing their properties on the one hand and bagged cash reward and out of turn promotion for killing innocent people. The suicide of Ajit Singh Sandhu, the former SSP of Taran Taran is a glaring case of a police officer becoming a man-eater and falling to his conscience, when he could not bear the burden of gross excesses committed by him, was forced to end his life in a most tragic manner. He threw himself before a running train on May 23,1997. It may not escape our mind that the case of seeking immunity by the police officers who committed some excesses in obeying the orders of their seniors, could have become stronger, if they had disclosed the names and the said orders of their superiors who directed them to commit excesses. But hiding a most important part of the genesis of the State terrorism and seeking condonation on a totally illogical and illegal argument is unacceptable.

Be it as it may, we put a good case in favour of the accused police officers facing trials for human rights offences, and suggest that the case of a police officer who confesses to have committed murder, staged encounter or other heinous crimes on the orders of their superior officers and discloses the names of the victims whom they killed and the officers who made them to do the offence, and paying compensation to the next of the kin of the victims, should be considered with leniency while awarding sentence by the courts. Otherwise, no civilised and democratic society would tolerate any leniency to a criminal in uniform who not only committed crime against an individual but also a crime against the whole civilisation.

The Lawyers For Human Rights International have taken strong exception to the demand of Punjab police officials accused of human rights abuses, for withdrawal of criminal cases registered against them and threat of returning their gallantry awards to the government, raised in a meeting of tainted police officers of Punjab police on July 18,2001. It has given rise to many questions which needs to be urgently addressed in the context of this unpleasant controversy.

Violation of human rights of the citizens by the police force is no doubt more heinous, because it shatters the faith and trust of the people reposed in the force which is supposed to protect their rights. No law or rule permits us to condone the acts of barbarities committed by Punjab police since 1984 till today. It would be great folly to remain oblivious of the fact that when their was political failure in Punjab, shockingly, the Punjab police enjoyed unbridled powers and many times acted outside the orbit of law. Rather they considered themselves to be the law and accountable to none. There was no law and order. The state was ruled by the jungle law. Policemen felt proud in killing innocent people in the name of “combating terrorism” or “protecting national security”. Lawyers taking up the petitions of fake encounter and police excesses felt embarrassed when the courts held them responsible for protecting the criminals. During this ongoing struggle against State repression, the lawyers lost five of its colleagues who were done to death by Punjab Police along with their families. When the state terrorism and judicial inaction crossed all limits, the Supreme Court was made to feel about the gross abuse of human rights by the state police and the it started ordering CBI inquiries and trial of police officials who were accused of killing innocent people in staged encounter, forced disappearance and eliminating people to settle their personal score in the name of fighting terrorism. The efforts of the human rights lawyers in highlighting cases of police excesses showed results and soon, hundreds of policemen who did what they liked and committed gross human rights violations, were brought to the dock and punished for committing heinous crimes on innocent people. At present more than twenty senior or junior level policemen are undergoing sentence in different jails for committing murder, rape or other heinous crimes and more than two hundred policemen are facing trial for various human rights violations committed by them in the past. These guilty police officials have now claimed immunity for them, but in this campaign they are using the same terror tactics as was used by them in the past, by threatening to return their gallantry awards in case their demand is not met. We strongly deprecate this decision and warn them that it would amount to an illegal act and breach of Police forces (Restrictions of Rights) Act,1966. It is an act in desperation and would also be seen as another unlawful act of a most indisciplined force. It needs pointing notice that such an action would rake up many buried stories regarding the selection process and policy of rewarding policemen with monetary awards, out of turn promotions and other secret benefits which, certainly may not be in the larger interest of Punjab police.

No body claims that those brave policemen who sacrificed their lives and put their lives to great risk in fighting terrorism should not be protected for what they did in good faith. But what about those police officers who killed innocent people for plundering their wealth and forcibly possessing their properties on the one hand and bagged cash reward and out of turn promotion for killing innocent people. It may not escape our mind that the case of seeking immunity by the police officers who committed some excesses in obeying the orders of their seniors, could have become stronger, if they had disclosed the names and the said orders of their superiors who directed them to commit excesses. But hiding a most important part of the genesis of the State terrorism and seeking condonation on a totally illogical and illegal argument is unacceptable.

Be it as it may, we put a good case in favour of the accused police officers facing trials for human rights offences, and suggest that the case of a police officer who confesses to have committed murder, staged encounter or other heinous crimes on the orders of their superior officers and discloses the names of the victims whom they killed and the officers who made them to do the offence, and paying compensation to the next of the kin of the victims, should be considered with leniency while awarding sentence by the courts. Otherwise, no civilised and democratic society would tolerate any leniency to a criminal in uniform who not only committed crime against an individual but also a crime against the whole civilisation.

Chandigarh January 13, 2003

INTRODUCTION

The northern region is in the grip of acute cold winter. Every day is more chilling than the other. The chilling icy winds and foggy nights with temperature going as low as 8 degrees, forces everybody to remain indoor. Pity for those who do not have roof.These sufferers of the poor weather conditions, lives in the slums around Chandigarh and adjoining towns. More than fifty thousand migrants from different parts of the country live in more than a dozen colonies in and around Chandigarh. For the last more than ten years, they are living in small jhuggis(small temporary hutments made of bamboo and plastic bags) built with the permissive action of the government. They have acquired ration cards(Public distribution registration card), and their names entered in the electoral list of Chandigarh for the last many years. But all the people living in these slums are the havenots’ in the society who have been deprived of basic minimum facilities of housing, water, sanitation, education and equality in employment.

During the last few days, newspapers of the city were reporting about the casualities of cold wave in the northern region. Our organisation received information from official source that the condition of people living in slums in Chandigarh is very serious. Having great concern at the pain and suffering of these poor people, the organisation decided to study the causes and extent of their pathetic condition and to give some help to the needy persons to save them from cold wave. An investigation team of LAWYERS FOR HUMAN RIGHTS INTERNATIONAL led by its President, Amar Singh Chahal, Arunjeev Singh Walia, Press Secretary and Tejinder Singh Sudan, Chandigarh Unit President, visited few slums in Chandigarh on Sunday, January 12, 2003 and met hundreds of affected persons and prepared a detailed report.

FACTS

Firstly the team went through Kumhar Colony in Sector 25, Chandigarh and saw that more than a hundred families originally belonging to Uttar Pradesh or Bihar were living under inhuman conditions. With heaps of waste and dirty water stagnating in the entire area, small children with little or no clothes on their body were seen playing nearby and few women were washing clothes near a water outlet which was flowing continuously due to missing tap and water lying scattered all over. There were few temporary jhuggis made up of wooden sticks covered with polythene sheets. These jhuggis are open from both sides and cold winds pass through it conveniently. There is no temporary lavatory or any arrangement for sanitation in the entire area.

Then the team went further to Janta Colony, Sector 25, Chandigarh. In this colony, there are around two hundred jhuggis where people from Madras, Uttar Pradesh and Bihar are living. Few Punjabi speaking people were also seen by the team. Here also the situation was no better than the Kumhar Colony. While talking to the residents, the team was informed that one young man hailing from Madras and living with his family here for the last many years had died on December 15, 2002. The team went to the jhuggi of the deceased and met his widow. Chillanama, a 22 years old widow of Raippan(30). She told that on December 10,2002, the enforcement staff of Municipal Corporation, Chandigarh demolised about hundred jhuggis in the colony in which one of the jhuggi was theirs. Due to cold weather and for lack of proper medical treatment, Raippan breathed his last on December 15, 2002 under unnatural circumstances. But neither the police conducted the post-mortem examination, nor the administration took pain in knowing the well being of the deceased’s family. Raippan is survived by his young wife and two minor sons and one daughter. He was working as a helper with the maintenance wing of Engineering department, Chandigarh Administration on daily basis. Ironically, the Supervisory Officer, Gurnam Singh of Maintenance wing of Engineering Department of Chandigarh Administration has failed to give employment to his widow. The people also told that the enforcement staff of Municipal Corporation, Chandigarh alongwith policemen use to come occassionly and threatening them with displacement.

Interestingly, there are more than five hundred earmarked plots to be allotted to the needy persons, but lying incomplete for the last two years, turning a blind eye to the inhuman and pathetic condition of the poor people living nearby.

FINDINGS

The action of Municipal Corporation, Chandigarh in not taking care of the people living in slums and providing adequate facilities for fighting intensive cold wave is an abdication of duty by the officers concerned and amounts to violation of right to housing of the people guaranteed under Article 21 of the Constitution of India. Depriving the residents of the slums with basic minimum conditions like roof,drinking water, proper arrangement for sanitation, medical facilities and free education to the havenots’ in the society, casts a slur on the face of the people of Chandigarh who behave indifferently to the poor people living in their city. Since insanitary conditions are prevailing in the slums, there is every liklihood of outbreak of some epedemic. Further the large number of unemployed youth living in the slums could be easily driven to crime by unscrupulous elements which would be detrimental to the safety and security of the people of the city.

RECOMMENDATIONS

After studying the actual living conditions of the poor people living in the slums around Chandigarh, the team is very much disappointed at the inhuman conditions prevailing there. It feels that lot of work is to be done to save valuable human lives and makes the following interim recommendations to the administration which should be followed within a specified time, failing which our organisation shall be constrained to raise the issue in a Public Interest Litigation to be filed in the Punjab & Haryana High Court at Chandigarh:

1. The widow of Raippan(deceased) should be give employment in the place of her husband so that she may fulfill her obligations towards her small children;

2. The site lying unattended for the construction of more than five hundred houses for the slumdwellers should be immediately completed and allotted to the needy persons;

3. The young persons living in the slums should be given employment or provided with self employment avenues enabling them to earn their livlihood with dignity. It would enable the police to control the crime rate in the city.

4. Proper arrangement for sanitation and drinking water should be made in all colonies situated within the periphery of Union Territory of Chandigarh;

5. People living in slums should be given adequate wood and blankets enabling them to save them from the intense cold wave;

6. Strict action should be taken against the enforcement staff or policemen who threaten or misbehave with the poor slumdwellers;

7. Right to equality and equal protection of law to these havenots’ in the society, should be ensured by the Chandigarh Administration in every matter.

IS IT JUDICIAL NEGLIGENCE ?

Chandigarh
January 27, 2003

In a case of theft against two teenaged sisters, Chief Judicial Magistrate, Chandigarh ordered bail in the sum of Rs.2000/- each with one surety in the like amount, on January 27, 2003.

Nisha(8) and Nagita(7) are two sisters who have come to Chandigarh with their mother Sibli,wife of Haroomaan. The family hails from Indore(Madhya Pradesh) and have come to Chandigarh two weeks ago. They earn their livlihood by begging in front of marriage palaces and religious places. They spend their night in the railway platform in Railway Station,Chandigarh.

Nisha and Nagita were arrested by a police party of Police Station, Sector 26, Chandigarh allegedly from outside a marriage palace on January 26, 2003, when they allegedly stole Rs.30,000/- from some guest. Nothing was recovered from their possession. They were taken to the police station and booked under section 379 and 511 of Indian Penal Code. No information was given to their mother,Sibli till the next day when people from Nari Niketan tried to find out the whereabouts of the mother from the railway station platform.

Both the girls dressed in skirt without any pullover or warm clothes on their person, were produced in the court of Mr.C.L.Mohal, Chief Judicial Magistrate, who remanded them to judicial custody till February 6, 2003 and sent to Nari Niketan under police guard. As per Section 18 of the Juvenile Justice Act,1986, a juvenile court shall order the release of the juvenile on bail with or without surety, but the duo were denied this relief. Although, as per the court record, Legal Aid Counsel was present to represent them, but in fact, no Legal Aid Counsel was physically present in the court at that time, nor the two girls recognise any counsel who represented them. Had there been any legal aid counsel to represent them, their bail application could have been filed then and there and they could have been set free by the court. Further, the two juveniles were produced in open court and not in a separate room, which is in breach of section 27(2) of the Juvenile Justice Act,1986,which reads as under:
“A magistrate empowered to exercise the powers of a Board, a juvenile court shall while holding any inquiry regarding a juvenile under this act, as far as practicable, sit in a building or room different from that in which the ordinary sittings of civil and criminal courts are held.”

Later in the day, a team of lady lawyers of LAWYERS FOR HUMAN RIGHTS INTERNATIONAL, namely, Ms.Manisha Singh and Harpreet Kaur provided free legal aid to the mother of the two juveniles and filed a bail application on their behalf stating that earlier in the day when they were produced, they were denied free legal aid and now they pray for release on bail. It was also stated therein that the juveniles and their mother hails from Madhya Pradesh and they are unable to arrange any surety, so they may be released on furnishing personal bonds. But while allowing the said application, the court ordered the juveniles to be released on bail on furnishing bail bond in the sum of Rs.2000/- each with one surety in the like amount and turned down the request of the defence counsel that the juveniles may be released on personal bonds.

Judgments where juveniles have been ordered to be released on personal bond:

1.Hussainara Khatoon vs State of Bihar-AIR 1979 SC 1360
2.Sheela Barse vs State of Maharashtra AIR 1983 SC 378

Justice eludes the victims

Chandigarh
March 21,2002

Punjab State Human Rights Commission has dismissed a complaint filed by Satnam Singh, a resident of Ropar district who had alleged in a complaint to the Commission that he was picked up by the police from Ropar on June 8, 1998 and was kept in illegal custody till June 11, 1998. In the copy of the judgment received today, the division bench of the Commission comprising Mr.Justice J.S.Sekhon and Mr.T.S.Cheema members, has held that the complainant has failed to substantiate his allegations of illegal detention and torture, as the inquiry conducted by the investigator of the Commission has held it to be an act to defend him in the trial court. In the complaint, Satnam Singh had alleged that he was subjected to inhuman third degree torture by the police from 8.6.1998 till 11.6.1998 and no information was given to his mother who had been running from pillar to post in search of her son. He further stated that he was falsely booked alongwith seven other persons in the infamous case known as “Burail jail blow up conspiracy case” by the Chandigarh police on 11 June, 1998 in which he is still undergoing trial. He had sought an independent inquiry into his illegal detention and torture, besides payment of compensation for the irreparable injuries suffered by him.

The Commission has dismissed another complaint of four other persons who had a similar grievance in respect of the same case.

POLICE EXCESSES ON A HUMAN RIGHTS LAWYER IN CHANDIGARH

Chandigarh
January 16,2003

Policing the police has always been a hot issue in the civil society. Indian State of Punjab and Union Territory of Chandigarh has remained the hotbed of police excesses in the past as well. With the latest incident of thrashing and criminal intimidation of a human rights lawyer by a police officer of Chandigarh police yesterday, the issue has once again arouse resentment among the general public.

A human rights lawyer, Arunjeev Singh Walia, practising in Punjab & Haryana High Court was assaulted and intimidated during three hour wrongful confinement by Dilsher Singh Chandel, a Sub-Inspector of Chandigarh Police, on January 15, 2003. According to the victim-lawyer, he was going back to his house on his scooter at about 5.30 p.m. and as he was passing through the road dividing Sector 23-24, Chandigarh, he saw many policemen sorrounding a young girl with a black color Ford Icon car and the girl was crying for help. He stopped his scooter and went to help the girl. On being asked about the reason for her harassment, the girl, Radhika Bhalla of Sector 38, Chandigarh told the lawyer that the policemen had been chasing her car from a long distance and inspite of showing all the documents including her valid driving licence, the policemen were not letting her go and was using abusive language. When the lawyer gave his introduction to the policeman that he was a human rights lawyer and asked him the reason for harassing the girl without any lady constable present, the head of the police party, Sub-Inspector Dilsher Singh Chandel, posted in Police Station, Sector 39, Chandigarh became furious. He asked the lawyer to mind his own business and leave the place. The lawyer insisted that the lone girl should be allowed to go after completing the necessary formalities, if any. The lawyer then gave a visiting card of his organisation, Lawyers For Human Rights International, to the girl and offered free legal aid to fight her case. He also advised the girl to write on the challan slip in her own hand that no lady police officer was present when she was booked by the policemen. On hearing this, Sub-Inspector Dilsher Singh Chandel became angry and without any provocation started beating the lawyer and abused him in public. He then dragged him into the police vehicle and asked his subordinates to take him to police post Sector 24, Chandigarh and he himself drove the lawyer’s scooter to the police post. On reaching the police post, the above named police officer again thrashed the lawyer without any provocation. He threatened that he will book the lawyer in a false case to assault a policeman and obstructing him from discharging his duty. Immediately after receiving the information of abduction of Mr.Walia from some passer by, a team of lawyer-members of LAWYERS FOR HUMAN RIGHTS INTERNATIONAL led by Tejinder Singh Sudan, Chandigarh Unit President, reached the police post and on seeing them, the erring cop fled from the scene after making a false complaint against the lawyer that the lawyer has attacked him and tore off his uniform and obstructed in discharge of his duty. As the team of lawyers came to the police post, the Incharge of the police post, Assistant Sub-Inspector Neeraj Sarna, who was a witness to the unlawful act of the policeman made the lawyer put his turban on and made him sit in another room. Then the President of the Punjab & Haryana High Court Bar Association and other senior lawyers of the High Court including Amar Singh Chahal and Navkiran Singh, President and General Secretary, respectively, of Lawyers For Human Rights International came there and called senior police officers and the medical examination of Mr.Walia was got done from General Hospital, Sector 16, Chandigarh. After three hours of detention, the lawyer was finally let off after he submitted a written complaint against the erring policeman.

All the major newspapers of the region highlighted this incident the next day and the District Bar Association, Chandigarh passed a resolution to condemn the wrongful action of the policeman and decided to abstain from work for the day. A deputation comprising of the President and members of the District Bar Association,Chandigarh also submitted a memorandum to the Senior Superintendent of Police, Chandigarh demanding the registration of a criminal case of assault, criminal intimidation and wrongful confinement against the guilty cop and his immediate suspension. But inspite of assuring the delegation that strict action shall be taken agains the cop who was prima facie found guilty of assault on the lawyer, no action has been taken by the police administration, except transferring the cop to another police station in the city and ordering the initiation of departmental inquiry against him. As per the police sources, a daily diary report has been registered against the cop for assault and criminal intimidation upon the lawyer(Sections 323/506 Indian Penal Code).

This incident has once again established the fact that even today a policeman considers himself to be above the law and fears nobody. If an experienced lawyer having a good reputation for human rights activities like Mr.Arunjeev Singh Walia can be given such inhuman treatment by the policeman for helping a lady in distress, and the erring cop is not punished for his wrongdoing, no common man would ever think of helping others in such a situation. This will undoubtedly lead to anarchy and civil society will loose its basic principle, Rule of Law. Then there will be jungle raj and eye for an eye and blood for blood would be the order of the day.

 

BEFORE THE NATIONAL HUMAN RIGHTS COMMISSION AT NEW DELHI

Complaint No.________/2003

Lawyers For Human Rights International(Regd.) Chamber No.122, District Courts, Sector 17, Chandigarh. Through its President, Amar Singh Chahal

………..Complainant

Versus

1.Chandigarh Administration,through its Home Secretary,U.T.Secretariat,
Sector 9, Chandigarh.
2.Inspector General of Police, U.T. Chandigarh, Police Headquarters,U.T.
Sector 9, Chandigarh.
3.Sub-Inspector Dilsher Singh Chandel,presently posted in Police Lines,
Sector 26, Chandigarh.

…………Respondents

COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF HUMAN RIGHTS ACT,1993

RESPECTFULLY SHOWETH;-

1. That the Complainant-Organisation is a registered non-governmental human rights organisation striving to promote and protect the human rights of the citizens. The present complaint relatest to an assault,illegal detention and criminal intimidation of a human rights lawyer, Arunjeev Singh Walia by Sub-Inspector Dilsher Singh Chandel of Chandigarh Police and seeks strict action against the erring cop in accordance with law and for suitable compensation to the victim-lawyer for the loss suffered by him.

2. That Arunjeev Singh Walia, Advocate is a member of the Complainant-Organisation. He is a known human rights activist and the respondent no.3 personally recognises him because the lawyer had filed a case against the cop on behalf of his client sometime ago.

3. That on January 15, 2003,when Arunjeev Singh Walia was going back to his house at about 5.30 P.M., he saw a police party of Chandigarh Police sorrounding a lone girl on the road dividing Sector 23-24, Chandigarh. The girl was crying for help and in order to find out the reason for her detention, Arunjeev Singh Walia stopped there and enquired from the girl about the matter. She told the lawyer with tears in her eyes that the Sub-Inspector Dilsher Singh Chandel was harassing her, hurling abuses and misbehaving with her for no reason. Around ten policemen were sorrounding the girl and the Sub-Inspector was abusing her. At this, the lawyer asked the policemen as to why they were harassing the girl and that too when no lady constable was present there. But Sub-Inspector Dilsher Singh Chandel threatened him to mind his own business. The lawyer told the girl to have courage and also told her that he is a lawyer and a member of the Complainant organisation and she may contact their organisation if she needed free legal aid in the matter. He gave the visiting card of the Complainant-Organisation for giving the address of his organisation. He also advised the girl to mention on the challan slip which was being filled by the Sub-Inspector that no lady constable was present when she was being misbehaved by the cops. This made the above named policeman angry and he turned towards the lawyer and gave him good bashing in full public glare. But nobody dared to intervene because the policemen were in good numbers. The turban of the lawyer fell down and he received punches on his face and back.

4. That thereafter the said sub-inspector ordered his men to take him into custody and he himself dragged the lawyer into the police vehicle and asked his men to take him to the Police Post, Sector 24, Chandigarh. The Sub-Inspector himself drove the scooter of the lawyer to the police post. Incidently, a colleague lawyer who was passing through, saw the policemen beating Mr.Walia and he stopped there and informed other lawyers about the incident.

5. That the police vehicle took the lawyer to the police post, Sector 24, Chandigarh. No sooner did the lawyer stepped into the police post, Sector 24, Chandigarh, Sub-Inspector Dilsher Singh Chandel again attacked the lawyer and thrashed him more seriously. Again his turban fell off and he received bodily injuries due to the beating. The policeman also threatened him to implicate him in a false case of attacking a public servant and obstructing him in the discharge of his duty. All this happened in the presence of Sub-Inspector Neeraj Sarna, Incharge, Police Post, Sector 24, Chandigarh. The Sub-Inspector Dilsher Singh Chandel made a written complaint against the lawyer of asssaulting him and interferring in his duty, on which a daily diary report was entered in P.P.Sector 24, Chandigarh.

6. That after sometime, a battery of lawyers accompanied by the President and Secretary of Punjab & Haryana High Court Bar Association, Chandigarh also reached at Police Post, Sector 24, Chandigarh. On their intervention, senior police officers of Chandigarh Police were contacted and Superintendent of Police, Mr.Baldev Singh came there and ordered to register a daily diary report on the complaint of the lawyer. Consequently, a daily diary report was registered against S.I.Dilsher Singh Chandel and strict action was assured to the Complainant-Organisation by the police.

7. That next day i.e. January 16, 2003, the District Bar Association, Chandigarh, vide a resolution of the same date condemned the action of the erring cop and decided to abstain from work. Later a deputation comprising of the President and Secretary of the District Bar Association, Chandigarh met the Senior Superintendent of Police and submitted a memorandum to the police seeking the registration of an F.I.R. for assault, illegal detention and criminal intimidation upon the lawyer by Sub-Inspector Dilsher Singh Chandel, the true copy of the resolution and memorandum are enclosed herewith for ready reference.

8. That on January 17, 2003, the Chandigarh Police transferred the erring sub-inspector from Police Station,Sector 39, Chandigarh to Police Station, Sector 26, Chandigarh, but no case has been registered against him for assault, illegal detention and criminal intimidation against the erring cop.

9. That neither the Complainant-Organigation of which the victim-lawyer is a member,nor the victim is satisfied with the mild action taken by the local police against the erring cop and the Complainant-Organisation prays before this Hon’ble Commission to call for a detailed report from the Inspector-General of Police, U.T. Chandigarh in the matter and recommend strict action against the erring cop and may award suitable compensation to the victim lawyer to be recovered from the salary of the delinquent policeman.

It is therefore,prayed that this Hon’ble Commission may intervene in the matter and hold a detailed inquiry, call for the report from the Inspector-General of Police,U.T. Chandigarh and recommend strict action against Sub-Inspector Dilsher Singh Chandel. Suitable compensation may also be awarded to the victim lawyer for the injuries and loss suffered by him.

LAWYER AMONG EIGHT ACQUITTED IN JAIL BREAK CASE

Chandigarh
January 14, 2003

Chandigarh Police received a major set back today when Balbir Singh, Additional Sessions Judge, Chandigarh acquitted eight out of ten accused in the infamous “jail break up conspiracy case” which culminated in the makeshift court room in Model Jail Burail.

Pronouncing the order in the jam packed courtroom in the jail premises, the court acquitted Jagtar Singh Hawara, Jagtar Singh Tara, Baljit Singh Khalsa, Jaswant Singh, Jaspal Singh Dhillon, a human rights activist, Daljit Singh Rajput, a local lawyer, Sitla Prasad Mishra, then Assistant Jail Superintendent and Constable Jaswinder Singh, of all charges but convicted two accused Balwinder Singh a resident of village Dekwala, Distt.Fatehgarh Sahib and Satnam Singh, resident of village Salempur, Distt.Ropar under Sections 419,468 and 471 of Indian Penal Code for furnishing wrong name to the jail authorities during interview with the prisoners. The sentence would be imposed upon them on January 15. Both were however acquitted under Sections 3,4,5 of Explosives Act and 120-B of Indian Penal Code.

The prosecution had examined 38 witnesses while the defence led 24 witnesses. The case dates back to 11 June, 1998 when the then Senior Superintendent of Police, C.S.R.Reddy had claimed to unearth a conspiracy to blow up Burail Jail to fecilitate the escape of two dreaded terrorists, Jagtar Singh “Hawara” and Jagtar Singh “Tara” who were facing trial in the case of assassination of former Chief Minister, Beant Singh. In a press conference on June 11, 1998, he had disclosed that the police has arrested Satnam Singh from outside Burail Jail on that day, while he was carrying one Kilogram of powerful explosive PETN in the form of Ladoos(Sweets) which was to be used for blowing up the jail premises. It was disclosed by the police that many persons including human rights activists are involved in the conspiracy which will be unearthed soon. Later on Baljit Singh Khalsa of Chandigarh, Jaspal Singh Dhillon, a human rights activist, Daljit Singh Rajput, a city based lawyer, Sitla Prasad Mishra, Assistant Jail Superintendent and Constable Jaswinder Singh, then posted in the jail premises were arrested by the police. Jaswant Singh and Balwinder Singh were brought from Kharar and all were tried for the offences under Sections 420,468,471, 120-B of I.P.C. and 3,4 and 5 of Explosives Act for conspiring to blow up the Model Jail, Chandigarh.

This case was taken up by Lawyers For Human Rights International on pro bono basis because from the very beginnning, this case appeared to a frame up. Amar Singh Chahal, President, Lawyers For Human Rights International provided free legal aid to all the accused. This case has become interesting in the light of the fact that the prosecution failed to produce before the court the explosive substance which was to be used for blowing up the jail, inspite of many opportunities granted to it. Further an enquiry was also conducted into the whole matter by the then S.S.P. Asad Farookhi who also found serious contradictions in the statements of policemen recorded by him. The statement of SI Balkar Singh of Chandigarh Police and other policemen proved that Satnam Singh was arrested from outside the Model Jail on June 8 and not on June 11 as alleged in the challan.

Amar Singh Chahal and Arunjeev Singh Walia, counsel for the accused stated that the accused were innocent and the prosecution has miserably failed to prove its case. According to them, it was the duty of the prosecution to produce the case property before the court and failure to produce the alleged explosive substance is a serious lapse for which the accused deserves to be acquitted. Further their own witnesses had stated before the court that Satnam Singh was arrested on June 8 and not on June 11 as alleged by the prosecution.

While reacting to the judgment, the counsel added that with the whole story of conspiracy to blow up jail have failed the judicial scrutiny, and proved that it was yet another frame up to rope in innocent persons in a concocted case. The Chandigarh Administration should take a serious view of the matter and hold a detailed inquiry as to who is responsible for framing up the case and implicating ten innocent persons who have suffered irreparable loss by facing the trial for five years. The guilty police officials should be prosecuted and dismissed from service. The persons found innocent by the court should be compensated for the agony and trauma suffered by them for five years.

Criminal experts have described the judgment as the true description of police excesses in this rotten criminal justice system where a lower rank untrained policeman cooks up a story and ropes in innocent persons and ultimately that story falls to the ground when tested to judicial scrutiny. It is not only an abuse of the process of law but also a blatant violation of fundametal rights of the undertrials who are not paid any compensation on being acquitted due to the negligence of the prosecution.

 

I will throw some light on the latest Prevention of Terrorism Act, 2002(POTA) which was promulgated throughout India on March 28, 2002.

I am reminded of a wise saying that “ A country, where there are too many laws, has too little justice”. It aptly fits for India. You would be surprised to know that inspite of Two hundred and fifty laws of civil and criminal nature, our country is ridden with menace like terrorism, communalism, corruption, racism, so on and so forth. To me, the effect of any law depends upon the will, determination and honesty of the law enforcing authorities and the faith of the whole nation in them. Every law if implemented with the object of ‘public welfare’ can prove effective. But after 54 years of our independence, I don’t feel any hesitation to say that no law has been able to do any good to our society. Be it the Constitution of India, in which, Part III corporates a lengthy list of fundamental freedoms available to every citizen, or The Dowry Prohibition Act, 1961, Indian Penal Code or even The Protection of Human Rights Act, 1993, it is a matter of common knowledge that the violators have not been punished and the victims have not been given justice. This brings us to hold that the enactment of the law simply cannot solve the problem. Firstly, the law must aim at providing preventive rather than punitive justice. Then there should be a disciplined and honest enforcement agency of the State for its effective implementation. An independent and autonomous judiciary with impartial and justice loving judges is equally essential. Sadly, all the three basic ingredients of the law are missing in India.

Having said this, now I come to discuss few provisions of the POTA and its comparison with the Terrorist & Disruptive Activities(Prevention) Act,1987, commonly known as TADA.

The POTA in its present form demonstrate imprecise deficiencies and other features which make this law draconian and an instrument of oppression at the hands of the establishment. Firstly, the definition of ‘terrorist act’ has been extended so as to cover many classes of persons. In Sub-Section (6) of Section 3 of the act, any person, who knowingly holds any property obtained from commission of a terrorist act or acquired through the terrorist funds, is liable for life imprisonment or with fine of Rupees ten lakh or with both. The word, ‘property’ includes bank account and even assets whether corporeal or incorporeal, tangible or intangible and deeds and instruments showing title or interest in such property or assets. Interestingly, this clause was not even mentioned in the TADA which was held to be draconian. For deciding as to which property comes under above definition, the investigating officer, not below the rank of Superintendent of Police has been fully vested with the power. If he has reason to believe that the said property or even amount lying in a bank account or shares etc. have been obtained from funds of terrorist organisation or from any terrorist act, he can book such person in occupation of such property under POTA and the punishment would be life imprisonment or fine of Rs.10 lac.

Further, this act applies not only to Indians living in India or outside India, but also to the citizens of other countries, no matter whether the offence has been committed in India or elsewhere and whether such act is a ‘terrorist act’ according to the law of that country or not. This gives ground to the argument that a person, committing an ordinary criminal act in his country which does not fall under the ‘terrorist act’ in that country, can be termed as a ‘terrorist’ and punished in accordance with the provisions of POTA.

PROCEEDINGS OF THE FUNCTION OF OCTOBER, 27,2001

27.10.2001

A function was organised by Lawyers For Human Rights International in association with Human Rights Law Network, Mumbai on October, 27, 2001 at Govt. Museum & Art Gallery, Sector 10, Chandigarh where Mr. Justice Zakeria Mohammad Yacoob, Judge, the Constitutional Court of South Africa and his wife, Ms.Anu Yacoob, delivered Lecture on development of human rights law in South Africa in the context of Aparthied and the activities of Truth & Reconciliation Commission of South Africa. Mr. Justice Kuldeep Singh,Retired Judge of Supreme Court of India was the Chief Guest. Besides him, Ms. Deepika D’souza, Executive Director, Human Rights Law Network from Mumbai, Mr. Balwant Singh Dhillon, Senior Vice-President, Mr. Arunjeev Singh Walia, General Secretary, Lawyers For Human Rights International, Mr.Hardial Singh Hudal, President of the District Bar Association, Chandigarh sat on the dias. The function began at 11 a.m., half an hour later than the scheduled time, with Mr. Rajvinder Bains of Lawyers For Human Rights International giving the brief programme of the function and he gave the microphone to Mr. Arunjeev Singh Walia, General Secretary who delivered the Welcome address. After that Deepika D’souza spoke something about her organisation, Human Rights Law Network and also introduced Mr.Justice Zack Yacoob to the audience. By this time, there were more than a hundred audience, including lawyers, social activists and Judges. After Deepika, Ms.Anu Yacoob spoke about the background of freedom struggle of South Africa and the role of Justice Zack Yacoob in that movement. After that Mr. Justice Zack Yacoob spoke on the development of human rights law in South Africa in the context of Constitutional framework of the South Africa and the working of the Constitutional Court of South Africa. After his wonderful speech made extempore by him for atleast one hour, Mr. Justice Kuldeep Singh, Retired Judge of Supreme Court of India spoke on the human rights situation in India. After him, Dr.Mehar Mamick spoke for 10 minutes on the plight of farmers in Punjab due to economic backwardness and indifferent attitude of the State government.

Text of the Lecture of Arunjeev Singh Walia, General Secretary, Lawyers For Human Rights International

Hon’ble Mr. Justice Zack Mohammad Yacoob, Mrs. Anu Yacoob, the Chief Guest of the day, Mr. Justice Kuldeep Singh, Deepika D’souza, distinguished guests, Ladies and Gentlemen.

I welcome you all to this function, on behalf of Lawyers For Human Rights International and Human Rights Law Network. Today, we feel honoured to have amongst us two foreign dignitaries, Justice Zack Mohammad Yacoob and his wife Anu Yacoob. Justice Zack is the sitting judge of The Constitutional Court of South Africa and is a champion of Human Rights movement. We had the privilege to meet them for the first time in the National Conference on Human Rights held last year in Maharashtra. His extra-ordinary sharp vision and clear ideology in Human Rights issues has influenced us deeply. After hearing him, I am sure you would agree with me. To sum and Substance, he is indeed the man of his words. Ms. Anu Yacoob, his wife is equally a kind and loving lady. Both of them are from Indian Origin but belong to one religion called humanity.

May I take the opportunity to say few words about our organisation, Lawyers For Human Rights International. Our Organisation is the only non-governmental Human Rights Organisation of Lawyers, which is in existence for over a decade and actively engaged in the promotion and protection of Human Rights in Punjab, Haryana and Chandigarh. We endeavor to stamp out torture in Police Custody and also render free legal aid to the poor and indigent persons. We conduct investigations into the cases of human rights violations and we also undertake research and study on overall Human Rights situation in the region. Operating from Chandigarh we have a team of committed lawyers at the district level as well who are expert in different fields and they provide free legal aid to the needy persons in their respective districts. By now we have investigated into many cases of Custodial deaths and other human rights abuses and filed a dozen of petitions in Public Interest in the High Court and Supreme Court of India and achieved desired results. I express my regrets on behalf of my President, Amar Singh Chahal for his absence today. He has gone to address a joint meeting of European Parliament later today on the Human Rights Situation in India.

The purpose of today’s function is to make the visiting Judge feel the actual situation of human rights in Punjab. And I cannot hesitate to say that the claim of the Indian Government and State of Punjab in the context of Human Rights situation is far from reality and truth must be disclosed.

The State of Punjab as we all know has suffered colossal loss in the past on account of unlimited violence for over a decade. The Punjab problem which was a political problem was treated as Law and Order problem and the basic human right to life and liberty of the people were transgressed with impunity by the State agencies. It would be difficult to say exactly, but thousands of innocent people lost their lives in the turmoil which rocked the State during the period 1984-1996. There is no denial of the fact that even today, the situation is the same, although the number of incidents of human rights violations have come down. Earlier there were a thousand Custodial deaths, today, the number goes into hundreds. But numbers cannot justify the change in the situation. After studying and investigating into the Punjab problem for over a decade, we have come to the conclusion that there was a total failure of the administrative machinery and even the judiciary in the State, which turned the situation worse. Even today, the Punjab Police have unlimited power and they follow no law an do whatever they like. Police Stations have become torture cells and the Policemen “man-eater”. Since 1997 till August 2001, more than a hundred people have lost their lives due to Police torture and even more have suffered false implications, inhuman torture and other human rights violations at the hands of Punjab Police. Going to a Police Station is an ordeal. With more than One million policemen including 4 Director-Generals, 18 Additional Director Generals, 26 Inspector Generals, 42 Deputy Inspector Generals,250 Senior Superintendents of Police and Deputy Superintendent of Police, 70,000 constables and 20,000 Special Police Officers, Rape, inhuman torture and illegal detentions in Police Station are a common occurrence in Punjab. Shamefully, the State administration inspite of having complete knowledge of the situation is turning a blind eye to the woes of the victims and even provide funds and free legal aid to the policemen who are facing charges of human rights violations. The investigating agencies including the Central Bureau of Investigation and the Judiciary too adopts a lenient attitude in favour of the guilty policemen. Judges grant bail to the policemen accused of Custodial death, fake encounter and other serious human rights violations quite frequently, while thousands of innocent people are languishing in jails for petty offences. Many policemen have even secured acquittals from the courts on the serious charge like fake encounter, custodial death and even rape. The higher judiciary has consistently failed to ensure that proper investigations and fair trial are held to bring the uniformed criminal to justice.

Human Rights activists here are seen with suspicion. Five of our brother lawyers engaged in fighting human rights abuses, paid the price with their life few years ago. We also live in tremendous pressure and intimidation, but we are determined to fight injustice at any cost.

The state sponsored Punjab State Human Rights Commission has proved every bit as cruel as monster. What to say of rendering justice to the victims, the Commission even bars the old and ill persons from using its lift for going to fourth floor. It spends more than thirty million rupees annually and decides only 250 complaints a year and that too against the victims. I am at loss to understand whether the Commission is interested in justice or camouflaging the truth.

Sir, I am saying these things because we feel that you, as a champion of human rights, will plead our case before the International community and give evidence of our plight. Understanding your constraints while in the chair, I am sure you would try every bit to highlight the plight of the people of Punjab before the World.

In the end, I once again welcome the visiting delegation on behalf of my team and invite them to come again and stay with us for more time and guide us in our struggle for the promotion and protection of Human Rights in India.

LIST OF TAINTED POLICE OFFICERS INVOLVED IN CASES
OF HUMAN RIGHTS VIOLATIONS IN PUNJAB

S.No. Name of Officer Rank Case involved In Status

1. K.P.S. Gill the then D.G.P. Molestation of a lady I.A.S. Officer Convict- On Probation
2. Daljit Singh Bhullar A.D.G.P. Triple murder Convict-Life imprisonment
3. Sumedh Singh Saini D.I.G. Abduction & disappearance Undertrial- On bail
4. Sanjeev Gupta D.I.G. Fake encounter Undertrial- On bail
5. Ajit Singh Sandhu S.S.P. Abduction & murders Deceased
6. Jasminder Singh S.S.P. Abduction Undertrial- On bail
7. S.K.Singh S.S.P. Fake encounter Convict-Life imprisonment- On bail
8. Narinder Pal Singh S.S.P. Fake encounter Undertrial- On bail
9. Harinder Singh Chahal S.S.P. Assault & Criminal Intimidation Not arrested – Retired
10. Raj Kishan Bedi S.S.P. Fake encounter No Case
11. A.P. Pandey then S.S.P. Abduction & forced disappearance No Case
12. Mohammad Mustafa S.S.P. Abduction & forced disappearance No Case
13. Mohammad Izhar Alam S.S.P. Abduction & Forced disapperance No Case
14. Dinkar Gupta then A.S.P Fake Encounter No Case
15. Anant Ram Sharma, then S.P. Abduction & forced disappearance No Case
16. Mohinder Singh Chahal S.P. Abduction & murder Undertrial- On bail
17. Madanjit Singh S.P. Fake encounter Undertrial- On bail
18. Ajaib Singh S.P. Fake encounter Undertrial- On bail
19. Khubi Ram S.P. Fake encounter Undertrial- On bail
20. S.P.S.Garcha S.P. Abduction & forced disappearance No Case
21. Sukhminder Singh Sandhu S.P. Abduction & murder Undertrial- On bail
22. Sukhdev S.Chinna then S.P. Abduction & murder Undertrial- On bail
23. Kuldip Singh then S.P. Abduction & murder Undertrial- On bail
24. S.S.Sandhu then S.P. Abduction & murder Undertrial- On bail
25. Sukhdev S.Chahal S.P. Abduction & murder Undertrial- On bail
26. Vivek Mishra S.P. Abduction Undertrial- On bail
27. S.P.S. Basra S.P. Abduction & murder Undertrial- On bail
28. Kewal Kumar S.P. Abduction & disappearance Undertrial- On bail
29. Mahinder Singh S.P. Corruption, forgery & cri.Inti. Not arrested- In service
30. Harchand Singh S.P. Abduction & forced disapperance No Case
31. Paramraj Singh then S.P. Fake encounter No Case
32. Harbans Singh then S.P Abduction & forced disappearance No Case
33. Joginder Singh Kutial then D.S.P Fake encounter No Case
34. Harnek Singh then D.S.P Abduction & Forced disappearance No Case
35. Manmohan Singh then D.S.P Abduction & forced disappearance No Case
36. Joginder Singh Kahlon D.S.P Illegal detention & torture Not arrested- In service
37. Surinder Singh D.S.P Abduction & murder Undertrial- On bail
38. Jaspal Singh D.S.P Abduction & murder Undertrial- On bail
39. Ashok Kumar D.S.P Abduction & murder Undertrial- On bail
40. Ramesh Chander D.S.P Abduction & murder Undertrial- On bail
41. Jagtar Singh D.S.P Abduction & murder Undertrial- On bail
42. Surjit Singh Garewal D.S.P Fake encounter Undertrial- On bail
43. Baldev Singh Sekhon D.S.P Fake encounter of 7 persons Convict-Life imprisonment
44. Gurdeep Singh Pannu D.S.P Abduction & murder Undertrial- On bail
45. Gurmail Singh D.S.P Rape & murder Undertrial- On bail
46. Chaman Lal D.S.P Abduction & murder Undertrial- On bail
47. Balkar Singh then D.S.P Abduction & forced disappearance No Case
48. Ashok Puri then D.S.P Rape Undertrial-On bail
49. Gurdip Singh then D.S.P Abduction & forced disappearance No Case
50. Gurcharan Singh then D.S.P Abduction & forced disappearance No Case
51. Gurnam Singh Mehra D.S.P Abduction & forced disappearance No Case
52. Amrik Singh then INSPECTOR Abduction & forced disappearance No Case
53. Balkar Singh then S.H.O Abduction & forced disappearance No Case
54. Baldev Raj then INSPECTOR Abduction & forced disappearance No Case
55. Bhupinder Singh then S.H.O Abduction & forced disappearance No Case
56. Bakhshish Singh then S.H.O Abduction & forced disappearance No Case
57. Bhupinder Singh Bhullar INSPECTOR Abduction & forced disappearance No Case
58. Joginder Singh INSPECTOR Abduction & murder Undertrial- On bail
59. Budh Singh INSPECTOR Theft & intimidation Undertrial- On bail
60. Gurmeet Singh Pinky INSPECTOR Murder Undertrial- in custody
61. Jagdeep Singh INSPECTOR Abduction & murder Undertrial- On bail
62. Sita Ram then SUB-INSPECTOR Fake encounter Convict-Life imprisonment
63. Jaspal Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
64. Satnam Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
65. Malwinder S.Malhi SUB-INSPECTOR Abduction & murder Convict-Life imprisonment
66. Jasbir Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
67. Raspal Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
68. Harpreet Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
69. Sardool Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
70. Narinder S.Malhi SUB-INSPECTOR Abduction & murder Undertrial- On bail
71. Pritam Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
72. Naginder Singh SUB-INSPECTOR Abduction & forced disappearance No Case
73. Malook Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
74. Balbir Singh SUB-INSPECTOR Abduction Undertrial- On bail
75. Arvinderbir Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
76. Gulzar Chand SUB-INSPECTOR Abduction & murder Convict-Life imprisonment
77. Rajinder S.Sohal SUB-INSPECTOR Abduction & murder Undertrial- On bail
78. Tarlochan Singh SUB-INSPECTOR Abduction & Atrocities on ST Undertrial- On bail
79. Gurmail Singh SUB-INSPECTOR Abduction & murder Undertrial- On bail
80. Bhola Singh then SUB-INSPECTOR Abduction & forced disappearance No Case
81. Nirmal Singh then A.SUB-INSPECTOR Abduction & forced disappearance No Case
82. Surinder Pal Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
83. Darshan Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
84. Kanwaljit Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
85. Paramjit Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
86. Kashmira Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
87. Karamjit Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
88. Daljit Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
89. Jagbir Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
90. Tara Chand A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
91. Massa Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
92. Harminder Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
93. Gurvinder Singh A.SUB-INSPECTOR Illegal detention & torture Undertrial- On bail
94. Surinder Thakur A.SUB-INSPECTOR Smuggling of Narcotics Undertrial- On bail
95. Shashi Atwal A.SUB-INSPECTOR Smuggling of Narcotics Undertrial- On bail
96. Nachhatar Pal Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
97. Balwinder Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
98. Bhupinder Singh then A.SUB-INSPECTOR Abduction & forced disappearance No Case
99. Hardeep Singh A.SUB-INSPECTOR Rape & murder Undertrial- On bail
100Gurcharan Singh A.SUB-INSPECTOR Rape & murder Undertrial- On bail
101Surinder Singh A.SUB-INSPECTOR Corruption Undertrial- On bail
102Naib Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
103Teja Singh A.SUB-INSPECTOR Abduction & murder Undertrial- On bail
104Bhavkhandan Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
105Balbir Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
106Bachan Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
107Ajit Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
108Amarjit Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
109Pritpal Singh HEAD CONSTABLE Abduction & murder Undertrial- On bail
110Sukhjeevan Singh HEAD CONSTABLE Abduction & murder Undertrial- On bail
111Ram Dayal HEAD CONSTABLE Abduction & murder Undertrial- On bail
112Iqbal Khan HEAD CONSTABLE Abduction & murder Undertrial- On bail
113Balwinder Singh HEAD CONSTABLE Abduction & murder Undertrial- On bail
114Balwant Singh Majitha HEAD CONSTABLE Fake encounter Undertrial- On bail
115Karamjit Singh HEAD CONSTABLE Abduction & murder Undertrial- On bail
116Tarlok Singh CONSTABLE Abduction & murder Undertrial- On bail
117Nirmal Singh CONSTABLE Abduction & murder Undertrial- On bail
118Amarjit Singh CONSTABLE Abduction & murder Undertrial- On bail
119Major Singh CONSTABLE Abduction & murder Undertrial- On bail
120Ganda Singh CONSTABLE Abduction & murder Undertrial- On bail
121Dalbir Singh CONSTABLE Abduction & murder Undertrial- On bail
122Pritam Singh CONSTABLE Abduction & murder Undertrial- On bail
123Jaspal Singh CONSTABLE Dereliction in duty Undertrial- On bail
124Balkar Singh CONSTABLE Dereliction in duty Undertrial- On bail
125Thakur Singh CONSTABLE Rioting & Criminal Intimi. Undertrial- On bail
126Ravinder Singh CONSTABLE Roting & Criminal Intimi. Undertrial- On bail
127Surjit Singh CONSTABLE Rioting & Criminal Intimi. Undertrial- On bail
128Gurcharan Singh CONSTABLE Abduction & murder Convict-Life imprisonment
129Davinder Singh S.P.O Abduction & murder Convict-Life imprisonment
130Abdul Afiz Nasse S.P.O Abduction & murder Undertrial- On bail
131Amrik Singh then CONSTABLE Abduction & forced disappearance No Case
132Avtar Singh then CONSTABLE Abduction & forced disappearance No Case
133Baldev Singh then S.P.O Abduction & forced disappearance No Case
134Bharpur Singh then INSPECTOR Abduction & forced disappearance No Case
135Balwinder Singh then INSPECTOR Abduction & forced disappearance No Case
136BirAtma Ram then S.H.O. Abduction & forced disappearance No Case
137Dharam Singh Saini S.H.O. Abduction & forced disappearance No Case
138Darshan Singh S.H.O. Abduction & forced disappearance No Case
139Dilbagh Singh A.SUB-INSPECTOR Abduction & forced disappearance No Case
140Didar Singh INSPECTOR Abduction & forced disappearance No Case
141Gurnam Singh then S.H.O. Abduction & forced disappearance No Case
142Gurnam Singh then A.SUB-INSPECTOR Fake encounter No Case
143Gurmail Singh INSPECTOR Fake encounter No Case
144Gurcharan Singh S.H.O. Abduction & forced disappearance No Case
145Gurcharan Singh S.H.O. Abduction & forced disappearance No Case

LIST OF POLICE OFFICERS REVERTED TO THEIR ORIGINAL RANK
AFTER HIGH COURT JUDGMENT DATED AUGUST 20, 2001

1. Kuldeep Singh, SP to DSP
2. Mohinder Singh, SP to DSP
3. Dilbagh Singh, SP to DSP
4. Jaskirat Singh, SP to DSP
5. Gurdeep Singh, SP to DsP
6. Gurnam Singh, SP to DSP
7. Balbir Singh Khera , SP to DSP
8. Gurmit Singh Chauhan, SP to DSP
9. Surinderjit Singh Mand, SP to DSP
10. Pargat Singh Powar,SP to DSP
11. Kamaljit Singh Dhillon, SP to DSP
12. Raghbir Singh Chahal, SP to DSP
13. Narinder Pal Singh, SP to DSP
14. Ramandeep Singh, SP to DSP
15. Satish Malhotra, DSP to ASI
16. Balwinder Pal DSP to Inspector
17. Rajinder Singh, DSP to Sub-Inspector
18. Rajinder Singh(Dasuya) DSP to Inspector
19. Ajaib Singh,DSP to Sub-Inspector
20. Baldev Singh, DSP to Inspector
21. Sant Singh, DSP to Sub-Inspector
22. Rachpal Singh, DSP to Inspector
23. Gurcharan Singh, DSP to Inspector
24. Joginder Singh, DSP to Sub-Inspector
25. Meharban Singh, DSP to Inspector
26. Ravinder Singh, DSP to Sub-Inspector
27. Jaspal Singh, DSP to Inspector
28. Malook Singh, DSP to Inspector
29. Suman Kumar, DSP to Inspector
30. Dhrampal Chabbra DSP to Inspector
31. MakhanSingh, DSP to Inspector
32. Ramandeep Singh, DSP to Inspector
33. Mohinder Singh, DSP to Inspector
34. Kashmir Singh, DSP to Inspector
35. Baldev Singh, DSP to Sub-Inspector
36. Baginde Rana, DSP to Inspector
37. Ram Millan, DSP to Inspector
38. Baljit Singh, DSP to Inspector
39. Surinder Singh Saini, DSP to Inspector
40. Ajaib Singh, DSP to Inspector
41. Harbhajan Singh, DSP to Inspector
42. Gurdial Ram, DSP to Inspector
43. Ashok Kumar, DSP to Inspector
44. Baldev Singh, DSP to Sub-Inspector
45. Vikram Chand, Inspector to Assistant Sub-Inspector
46. Jaswant Kaur, Inspector to Sub-Inspector
47. Baldev Singh, Inspector to Head Constable
48. Ramesh Kumar, Sub-Inspector to ASI
49. Swaran Singh, Sub-Inspector to ASI
50. Jasbir Singh, Sub-Inspector to ASI
51. Surjit Singh, Sub-Inspector to ASI
52. Dilbagh Singh, Sub-Inspector to ASI
53. Darshan Singh, Sub-Inspector to ASI

Source: Indian Express, Chandigarh August 31, 2001

 

HOME

TOP

MORE ARTICLES