Copyright (c) LAWYERS FOR HUMAN RIGHTS INTERNATIONAL
First Edition : 2001
Price : Rs. 200
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Published By:
Lawyers For Human Rights International
Chamber No.122, District Courts, Sector 17,
Chandigarh. [INDIA]
Phone : 0172-709356, 746122, 723187
Fax: 0172-747434,
E-mail: contactlfhri@lfhri.org
Preface
The violence in Punjab for over a decade caused an irreparable
loss. Thousands of people like us felt disturbed from the core
on hearing the news of killing of any person by militants or police.
When we had taken the job of compiling the events of State repression
in the State, little had we thought that it would open floodgates
of gory incidents of police brutality and illegal acts perpetrated
by Punjab police. But still we had to complete it with a stone
heart. It is astounding to learn that the acts which could not
be dreamt of even by the devils were committed by men of Punjab
police. We are sure that every objective reader would be moved,
like us on reading the brutal torture methods and modus operandi
of the police in killing hundreds of innocent people in the State.
It is said that in many villages it would be difficult to find
even a bridegroom for another decade, because no young person
is left in the whole of the village. Either they had taken to
arms or eliminated in fake encounter. No body would deny that
atrocities were committed on both sides. If the police had committed
excesses on innocent people, so did the so-called militants which
created ripples in the Hindu-Sikh brotherhood by killing men of
a particular religious community. But the pain of a mother is
beyond one's comprehension. We beg your pardon, if tears come
to your eyes or face gets red with anger, on reading few incidents
reported in this book. We have intentionally not touched the subject
of terrorist violence, for two reasons. Firstly, much has already
been said on the subject earlier. There are numerous books on
the subject, most of which had the patronage of State government.
Secondly, there is great controversy and misinformation regarding
the militancy movement in Punjab. Many believe that most of the
bloodshed was either done by the Punjab police in the name of
terrorism or by some anti-social elements affiliated to the political
leaders who today rule the state. It is a subject which needs
another book to discuss. Meanwhile, We are concentrating this
work only on the events that rocked the State during the period
1985-1995 from the human rights angle. Political actions and criticism
from political angle has been avoided to large extent, but still,
if the readers felt some political flavour in it, it is our folly,
for which we must seek pardon. That was not our intention at all.
Suggestions for making further corrections and additions are most
welcome. Lest we are accused of plagiarism, we may concede that
the present work is not our original work, but a compilation of
different thoughts and expressions of many jurists, luminaries
and other known historians who had seriously pondered over the
issue of Punjab problem in different perspective. Few chapters
are of course original, particularly the one on the role of Judiciary
in Punjab which reflects authors' anguish and frustration over
the incompetence and hostile attitude of the judiciary in the
past. We wonder if anything has changed today. Much of the information
incorporated in this book has been gathered from newspaper reports
or the true statement of accounts as given by the relatives of
the victims.This work was not possible without the active guidance
and inspiration of Colin Gonsalves who gave valuable suggestions
on various issues. Navkiran Singh, General Secretary and Amar
Singh Chahal, the President of Lawyers For Human Rights International,
respectively of which we are members, ideally brought us out of
the confusion and prevented us from going off the track and lent
good support for the work. Harshinder Singh, a crusador for human
rights from Chandigarh, also deserves gratitude for his encouragement
and valuable suggestions. Rest is upon the reader to make this
work successful.
Chandigarh. Arunjeev Singh Walia
May, 2001 Tejinder Singh Sudan
Foreword
There is no rule of law in Punjab. Thousands of innocent young
Sikhs have been extra-judicially executed since June 1984. The
uniformed brutality reached the saturation point in the last
decade of the 2000-century. Punjab Problem, which is political
in nature is being treated on only law and order problem. Mr.
Arunjeev Singh Walia and Mr. Tejinder Singh Sudan, Advocates
have authored this book in which they have documented cases
dealing with State terrorism. Some of these cases they have
themselves inquired into and also participated in the trial
before the occurs. They have also given background and genesis
of the problem. The way of presentation and lucidly documented
cases of human rights abuses by the State agencies in Punjab,
is indeed a laudable effort of these young human rights defenders.
In this book, they have rightly highlighted the illegal and
extra-judicial methods adopted by the Punjab police in committing
excesses upon the helpless subjects in the name of "containing
terrorism". They have also rightly criticized the judiciary.
In my view, if the High Court had exercised its power under
the Constitution in those days, there could have been no violation
of any Human Rights or at least violators would have been punished.
In those dark days even five advocates lost their life at the
hands of brutal police force, one former head priest of Akal
Takhat, Bhai Gurdev Singh Kaunke was tortured to death. The
authors have mentioned some cases in which even the High Court
did not intervene and failed to take appropriate action. Kulwant
Singh, Advocate of Ropar, his wife and one and half year old
son were abducted by Ropar Police on 25.1.1993. Abductors raped
his wife in CIA staff at Ropar and later killed all the three
in cold blood and threw their bodies into the canal nearby.
Lawyers from all over Punjab, Haryana and Chandigarh struck
work for about two months but the High Court dismissed the petition
for inquiry into the disappearance of the Lawyer by the CBI.
Similarly the case of molestation filed by Mrs. Rupan Deol Bajaj,
a lady IAS officer against K.P.S. Gill, the then Director-General
of Police, Punjab was quashed by the Punjab and Haryana High
Court. There are many cases where the High Court failed to exercise
jurisdiction vested in it under the law and thus the criminal
in uniform got encouraged. The government even rewarded such
officers.
It was the saddest day in the history of India when after the
assassination of Indira Gandhi, the then Prime Minister of India,
thousands of Sikhs were killed, girls raped on the roads of
Delhi and other parts of the country where Congress government
was in power. But neither the supreme court nor any High Court
took any action to stop the carrage and genocide of the Sikhs.
The present Punjab government also did not take any action to
undo the wrong done in the past and restore the rule of law.
They did not appoint any Commission to inquire into the genesis
of State terrorism inspite of promise made by the ruling party
in its election manifesto. People's Commission on Human Rights
violations in Punjab was organized by the Human rights bodies,
but the same was also opposed by the government and its functioning
was stopped by the High Court. Many police officers in Punjab
facing trial for serious human rights violations like the infamous
case of abduction and killing of Human Rights activist Jaswant
Singh Khalra were not even suspended. There are very few cases
where the police officers have been convicted e.g. three police
officers wee convicted in Siso rape case by the Additional Sessions
Judge, Chandigarh and sentenced to ten years imprisonment. Still
none of them was dismissed. These are just few examples of lawlessness
prevailing in the State of Punjab today and the authors have
done a good service in highlighted this sad part of the story.
Some cases in the book rightly depict poor functioning of the
Punjab State Human Rights Commission.
In fact Punjab is still largely a police state and justice is
denied to the victims. In this small state, there is more police
now than in the whole of British India before 1947. As per the
statistics, there are 18 Additional Director-Generals of Police,
26 Inspector Generals, 42 Deputy Inspector Generals, 250 Senior
Superintendents of Police and Deputy Superintendent of Police,
70,000 constables besides 20,000 Special police officers and
Home guard jawans posted in Punjab. More than 950 Crore rupees
are spent on the police establishment annually. In 1983 it was
only 20 Crores for the police.
I am sure this work of the boys would benefit every reader in
knowing the actual situation prevailing in those days of State
terrorism.
Chandigarh Justice Ajit Singh Bains (Retd.)
May, 2001
Frequently Used Terms
Acronyms
AISSF- All India Sikh Students Federation
ASI - Assistant Sub-Inspector
BJP - Bhartiya Janata Party
BSF - Border Security Force
CBI - Central Bureau of Investigation
CCDP - Committee for Coordination on disappearances in Punjab
CRPC - Code of Criminal Procedure
CJM - Chief Judicial Magistrate
CIA - Central Interrogation Agency
CRPF - Central Reserve Police Force
DSP - Deputy Superintendent of Police
DGP - Director General of Police
DIG - Deputy Inspector General
FIR - First Information Report
HC - High Court
IAS - Indian Administrative Services
Lt.Gen. - Lenieuant General
MLA - Member Legislative Assembly
MP - Member Parliament
NSA - National Security Act
PHRO - Punjab Human Rights Organization
SGPC - Shiromani Gurdwara Prabandhak Committee
SPO - Special Protection Officer
SAD - Shiromani Akali Dal
SMO - Senior Medical Officer
VVIP - Very-Very Important Person Glossary
Akali Dal - Sikh political party
Bhog - Sikh memorial service
Dalit - literally 'the oppressed:' refers to "untouchables
or other low Caste or tribal group
Gurdwara- Sikh temple
Harijan - literally "children of God" untouchables
Panchayat - village council
Panth - Sikh community of believers
Sarpanch - village headman
APPENDIX-II
LIST OF CUSTODIAL DEATHS
DURING 1997-2001
1. Vijay Kumar, died in District Jail, Kapurthala on 13th January,
1997.
2. Ranjit Singh hanged himself in Central Jail, Sangrur on 14th
February, 1997.
3. Kashmir Singh, a Youth of village Pandori Rukman near Hoshiarpur,
was abducted from his house along with his father Ajit Singh
by a police party headed by Sub-Inspector Gulzar Chand, SHO
of Police Station Taran Taran on 14th March, 1997 and after
dropping his father, killed him in fake encounter. Later on,
the Sessions Court at Hoshiarpur held it to be a fake encounter
and sentenced the accused policemen to life imprisonment for
the dastardly act. The National Human Rights Commission also
awarded a compensation of Rupees five lac to the next of kin
of the deceased.
4. Jaggar Singh of Kotduna village in District Sangrur, died
in Police Custody of P.S. Dhanaula, District Sangrur on July
20, 1997.
5. Amrit Singh (45), an undertrial in Central Jail, Jalandhar
died in judicial custody on the intervening night of August
14-15, 1997.
6. Pala Singh, son of Gurcharan Singh, a resident of village
Bhai Bakhtaur, District Bathinda was killed in Police Station
Kot Fatta, Distt. Bathinda on 30th August, 1997, allegedly by
consuming poison kept in the police station. The Punjab State
Human Rights Commission awarded an interim compensation of Rupees
fifty thousand to the next of kin of the deceased.
7. Jagan Nath alias Jagnoo son of Ranjha Ram, a resident of
village Pasla in Jalandhar district was killed in Police custody
of P.S. Guraya, Distt. Jalandhar on 1st September, 1997. Painfully,
the complaint filed in the Punjab State Human Rights Commission
was dismissed for no valid reasons.
8. Sham Lal son of Banta Singh, a resident of village Ajnali,
District Fatehgarh Sahib was beaten to death by a police party
of P.S. Gobindgarh on 5th September, 1997. Ironically, the Complaint
was dismissed by the Punjab State Human Rights Commission was
dismissed.
9. Babu Ram (25), a resident of Malerkotla was killed in Police
Custody of P.S. Ahmedgarh, District Malerkotla on September
12, 1997.
10. Manfool Ram, a dalit of village Dakha, District Ludhiana
died in Police custody of P.S. Mullanpur Dakha, District Ludhiana
on October 3, 1997.
11. Natha Singh, a daily wage labourer of Sangrur died in judicial
custody at District Jail, Sangrur in October, 1997.
12. Bhagwan Singh, (35) a resident of village Jhuge Lal Singh,
District Fazilka died in Police custody of P.S. Fazilka (Sadar)
on October 24, 1997.
13. Bhola Singh, a resident of village Matti in District Mansa
died in Police custody of P.S. Mansa on October 26, 1997.
14. Tirath Singh son of Narinder Singh Kler, a resident of village
Kler, District Amritsar died in Amritsar jail in November, 1997.
15. Hukam Chand died in Central Jail, Patiala on December 13,
1997.
16. Gurjet Singh, an undertrial lodged in Central Jail, Patiala
died in the jail on 25th April, 1998.
17. Baljeet Singh (24) son of Nahar Singh, a resident of village
Burj Dhilwan, District Bathinda was killed in Police Custody
of Police Station Maur, District Bathinda on 21st July, 1998.
18. Lakhwinder Singh alias Lakha (35), a resident of village
Ratoke in District Taran Taran was killed in police custody
of P.S. Sarhali, District Taran Taran on August 17, 1998.
19. Satnam Singh, a resident of Jalandhar District, died in
Police custody of P.S. Adampur, on August 16, 1998.
20. Sunil Kumar Munjal, a resident of Abohar died in Central
Jail, Ferozepur on May 12, 1998.
21. Kulwant Singh (55), an undertrial, resident of Patiala died
in Central Jail, Patiala on October 1, 1998.
22. Surinder Dass, an undertrial allegedly committed suicide
in Central Jail, Patiala on 27th September, 1998.
23. Jagdish Rail Jain (49), a resident of Bathinda died in Police
Custody of P.S. Paras Ram Nagar, Bathinda on 26th September,
1998.
24. Tarlok Singh, an undertrial lodged in Central Jail, Gurdaspur
allegedly committed suicide in the jail on 27th August, 1998.
25. Paramjit Singh, son of Pritam Singh died in Police Custody
of P.S. Dakha, Ludhiana on April 7, 1998.
26. Jagsir Singh (25), a resident of village Bilaspur, District
Faridkot died due to Police torture in P.S. Bilaspur on May
28, 1997.
27. Dr. Om Parkash Jail, an eye-specialist of Ludhiana died
of heart attack due to Police beating at his residence by an
Assistant Sub-Inspector of CIA Staff, Moga on April 25, 1998.
28. Bhil Ram, an undertrial and a resident of Ludhiana died
in Central Jail, Ludhiana on 23rd July, 1998.
29. Karnail Singh (60), a resident of village Jagatpura in District
Taran Taran died due to beating by policemen in P.S. Chabal,
Taran Taran on August 22, 1998.
30. Satnam Statti (22), a resident of village Khurdpur in District
Jalandhar died due to police torture in P.S. Kathar in District
Jalandhar on August 15, 1998.
31. Narinder Singh (18), a resident of village Fatehpur, District
Amritsar was beaten to death by the police of P.S. Amritsar
on 30th June, 1998.
32. Rajinder Singh, an undertrial lodged in Central Jail, Patiala
died in the jail on April 7, 1998.
33. Kala Singh, a resident of village Shadipur Mommian, District
Patiala was killed in police custody of P.S. Patran, District
Patiala on September 21, 1998.
34. Ravi Kumar Verma, a migrant lobourer of Ludhiana died in
Police custody of P.S. Division No. 4, Ludhiana of April 17,
1998.
35. Jasbir Khan (25), a resident of village Sohana, District
Ropar was beaten to death in Police custody of P.S. Sohana on
January 26, 1999.
36. Devinder Singh alias Bhola (21), a resident of village Hassasnpur
in District Ropar was tortured to death by policemen of CIA
Staff, Ropar on September 18, 1999. The three policemen responsible
for the gruesome killing have been sentenced to life imprisonment
by the Sessions Judge, Ropar.
37. Gurbhej Singh (21), a resident of Amritsar died in police
custody of P.S. Amritsar on December 11, 1999.
38. Joginder Singh, a resident of village Kaler Kalan, District
Gurdaspur died in Central Jail, Gurdaspur on December 12, 1999.
39. Joginder Ram, died in Bathinda Central Jail on 21st February,
2000.
40. Sonu (18), son of Hira Lal, a dalit labourer of Abohar was
tortured to death in Police custody of P.S. Abohar on August
23, 2000.
41. Bagga Singh, a resident of Naushehra Pannuan was tortured
to death in Police custody of P.S. Naushehra Pannuan, Distt.
Amritsar on the intervening night of July 15 and 16, 2000.
42. Dalip Singh (50) son of Ranjit Singh, a resident of village
Mithubasti in Jalandhar district died in Central Jail, Jalandhar
on May 25, 2000.
43. Raj Singh, a convict died in Central Jail, Bathinda on 22nd
April, 2000.
44. Darshan Singh, a convict died in Central Jail, Jalandhar
in May, 2000.
45. Surinder Singh (50), a resident of village Khankhana in
Nawanshehar who was undergoing ten years imprisonment in Central
Jail, Patiala died in jail on April 12, 2000.
46. Sangram Singh (40), an undertrial lodged in Central Jail,
Amritsar died in Jail on February 13, 2000.
47. Parvinder Singh (30), an undertrial lodged in Central Jail,
Patiala died in jail on April 9, 2000.
48. Gora Masih, son of Sohni Masih, a resident of village Sanehia
in Batala District and lodged in Central Jail, Gurdaspur died
due to TB on October 31, 2000.
49. Surinder Singh, an undertrial lodged in Central Jail, Gurdaspur,
died in the jail on November 1, 2000.
50. Balbir Singh (23), a resident of Sangrur was killed in Police
custody of P.S. Sangrur on September 2, 2000.
51. Pawan Kumar, a dalit youth aged 27 years, resident of Hoshiarpur
died in Police Custody of P.S. Model Town, Hoshiarpur on December
28, 2000.
52. Budh Singh (35), a resident of village Dargapur in District
Taran Taran died in police custody of P.S. Naushehra Pannuan,
District Taran Taran on July 15, 2000.
53. Dalbir Singh (40), a resident of Jalandhar was shot dead
in Police custody at P.P. Maqsoodan, District Jalandhar on April
29, 2000.
54. Kirpal Singh (35), convict lodged in Central Jail, Patiala
died due to TB in jail on April 6, 2000.
55. Raju, a dalit youth on Ludhiana was beaten to death in Police
Custody of CIA Staff, Ludhiana on October 13, 2000.
56. Sarwan Singh (35), a resident of village Bootan in District
Kapurthala died in Police Custody of P.S. Subhanpur, on December
2, 2000.
57. Ram Kumar, son of Sadhu, a resident of Ludhiana died in
Police Custody of CIA staff, Sirhind, Distt. Fatehgarh Sahib
on April 23, 2000.
58. Chuhar Singh, a resident of village Gogon in District Hoshiarpur
died in Police custody in P.S. Mahilpur, District Hoshiarpur
on September 9, 2000.
59. Pheera Singh (53), an undertrial lodged in Central Jail,
Ludhiana died in judicial custody on August 31, 2000.
60. On January 1, 2001 an undertrial Jagdish Singh died under
mysterious circumstances in Bhatinda Central Jail.
61. On January 5, 2001 a youth Iqbal Singh was killed in the
Police custody at Muktsar. The Police called it a suicide death,
while people alleged it to be a custodial death.
62. On January 7, 2001 an undertrial Ranjodh Singh (35), died
while in Police custody at P.S. Muktsar. According to Police,
when he was being taken for production in court, he complained
of chest pain and soon thereafter he died. But the inmates of
Muktsar jail says that the victim was hale and hearty when taken
out and he was beaten to death in police custody.
63. Surinder Pal, a resident of Batala in Distt. Gurdaspur was
killed in Police Custody on January 7, 2001. He was picked up
by Hoshiarpur police and brought to Dasuya Police Station in
Hoshiarpur and tortured due to which he died. The Police said
that he committed suicide by hanging in the police lock-up.
No One has been arrested so far.
64. On 7th January, 2001, Avtar Singh, a youth of Ludhiana was
shot dead by Inspector Gurmeet Singh Pinky of Punjab Police
under the influence of liquor for over a small issue of giving
passage to pass through the street where the Police Inspector
had his house.
65. On 2nd February, 2001, a Pakistan prisoner, Farookh was
killed in Amritsar Central Jail by other inmates.
66. On 7th February, 2001 a poor Dalit Youth Jaspal Singh of
vill. Saheri in P.S. Morinda, Distt. Ropar died in Police custody
at Morinda Police Station.
67. A dalit youth, Madan Lal (32), died in Police Custody on
15th Feb. 2001 in Police Station Kapurthala.
68. A poor mason named Rakhdev, hailing from Uttar Pradesh was
killed in a Police encounter in Ludhiana on 19th February, 2001.
69. A dalit youth Maninderjit Singh, resident of Vill. Kohali,
district Amritsar was beaten to death by the police on March
6, 2001.
70. A life convict Pardeep Singh alias Deepa (27), died in Central
Jail, Patiala on March 13, 2001.
71. Nahar Singh, a 35 year old dalit youth died in Police Custody
at P.S. Khanna, Distt. Ludhiana on March 27, 2001.
72. Malkiat Singh died in Central Jail, Patiala on May 18, 1999.
73. Gurnam Singh, an undertrial lodged in District Jail, Kapurthala
died in the jail on May 25, 2001.
74. Karnail Singh (35), died in Police Custody of P.S. Haibowal
Distt. Ludhiana on 16th May, 2001.
75. Amarjit Singh Son of Charan Singh, a resident of Moga was
tortured to death in P.S. Jagraon Distt. Ludhiana on June 2,
2001.
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