CHAPTER THREE
BLOOD STAINED PAST
Unhen sadiyon na bhoolega zamana,
Yahan jo hadse kal ho gaye hain.
(Let the world not forget for centuries, the holocaust that ripped
this land)
The tragedy of Punjab is very difficult to express. Every objective
writer finds his pen dipped with tears of hundred and thousands
of grief stricken eyes of kin of those killed in the State by
the police for over a decade in the name of "fighting terrorism".
The task of lauding the role of Punjab Police in tackling the
so-called "extra-ordinary situation" in the State was
dutifully performed in many ways, courtesy, lavishing Press conferences
and cocktail parties thrown open to the press by the Punjab Police
led by "Supercop" KPS Gill, the then Police Chief of
the State. However, the most important aspect of the Punjab problem
relating to official lawlessness and root of militancy movement
in the State was intentionally not touched till now, which we
endeavor to undertake in this chapter.
It would remain a history that the armed movement in Punjab,
is in many ways different from other armed movements in the country.
It is different, because it was fought with religious zeal and
zest. It started because the heart and soul of every Sikh was
wounded by the attack on their highest temporal seat, the Akal
Takht by the Indian Army and they had started believing that Indian
Government is their enemy. It is also different, because the movement
was driven out of hatred against the government which had done
injustice to the Sikh community since independence. The Sikh militants
were also different in many ways. Every true militant, popularly
known as "Baba" (elder one) was a baptized Sikh with
high character and exemplary courage. They became militants because
they were pushed to the brink by the circumstances created by
the Indian State. Because it was the behavior of the security
forces towards them and their families that finally drew them
into the struggle for freedom. It was forced upon them, which
proved to be a life-taking pill, and culminated into a long battle
for the right to self-determination. It was a matter of honor
to resist. Because they had lost faith in the Rule of Law and
took to gun in order to get justice for themselves and other people.
Operation Blue Star and Wood Rose were attacks on the Sikh sense
of honor. Particularly the attacks on amritdharis simply because
they were Amritdhari, caused outrage. It was only they who were
arrested, intimidated and killed. Likewise, entering the house,
removing the women and taking daughters and sisters to police
stations offended their sense of honor. The outrage to the Panth
and the outrage to innumerable families merged. The dishonored
families' experience motivated them to fight to remove the existing
system.They were known warriors and social reformers. They forced
the people to shun unrealistic rituals like spending money on
the marriage ceremony, dowry system and discrimination among lower
and upper class. People used to call them to settle their domestic
disputes. The young and the old admired them. While Sikhs loved
their presence, Hindus felt afraid of them. Even few Hindu youths
joined the militancy because of excesses committed upon their
near and dear ones by the police. Although these militants never
attacked or killed innocent people, Hindu fanatic leaders and
media dubbed them as terrorists indulging in indiscriminate killings.
In the earlier days of militancy in the State, only those policemen
or police informers were killed who were allegedly responsible
for committing excesses on innocent people or passing over any
information to the police about militants' movements. Acts like
killing of S.S.P. Gobind Ram of Batala in a bomb blast in his
own office and two unsuccessful attempts on the life of the then
Police Chief J.F.Riberio in PAP, Jalandhar were enough to establish
the command of militants in the State and to demoralize the force
to a large extent. Both Gobind Ram and J.F.Riberio, like many
other Police officers, were considered responsible for ordering
the persecution of many innocent Sikhs. Such was the fear of militants
in Police circles that many subordinate rank and even Senior Police
officials liked to maintain cordial relations with top ranking
militants. Many policemen used to tell them that such and such
informer passed over information about their activities. Even
after receiving written warnings when the informers did not mend
their activities, they were killed and their families were warned
of similar punishment if they continued doing so. There was no
restriction on the movement of militants in the State during the
peak of militancy.
J.F.Ribeiro, the then DGP of Punjab Police, became frustrated
on seeing this situation and was unable to bear the parallel government
being run by the militants. He decided to apply the same strategy
in tackling the situation in Punjab as he had successfully carried
out in Goa from where he was brought to Punjab. After getting
a nod from the Central government of Congress, he was very clear
in his policies and programs. He recognised neither the Indian
Constitution nor the State machinery. During the period 1985-88,
he declared that in Punjab "police accountability is to itself."
He prepared and got published a hit list of 38 "top terrorists"
of A category and 400 of B category to be eliminated by the police
and promised financial rewards, out of turn promotions and other
benefits. He also introduced many other entirely illegal and indefensible
terror tactics. He openly inducted in the police force criminals
who were reportedly involved in incidents of theft, extortion
and dacoity. This practice had many motives. Firstly, many third
rate and petty criminals infiltrated into the militant ranks and
every act of killing, extortion, theft was blamed on the militants,
this badly affected the image of the militants and people started
thinking ill of them. Secondly, it was to create in the rural
areas a class of individuals and families that should, apart from
becoming unsympathetic to the cause of the militants, become hostile
to them, thereby creating at the village level factional divisions.
The third objective was to create at the village level informers
who, out of a feeling of revenge, should supply information to
the Administration, partly also serving their factional interests
thereby. The militants trapped into this sinister strategy, were
forced to wipe out the criminal elements from inside their cadre
which led to inter-gang bloodshed in the State.
This gave a golden opportunity to the Police to settle their own
score and kill any body they liked and the blame would come on
the militants. Organizations like "Black Cats" were
floated and undercover agents were made to operate in the garb
of militants and sometimes police. The Police used to pick up
few militants and declare them dead to "mislead their gang
members" but actually they were used as "Cats",
a euphemism for a militant turned undercover police agent. In
1986 when reports of creation of "Black Cats" first
came into media, since some police backed vigilantes were identified
as being involved in a dacoity and murder in the Chowk Mehta area
of Amritsar District, the then SSP, Mohd.Izhar Alam strongly denied
the existence of any such force. Vipul Mudgal, of the India Today,
gave a lead story on these under cover "Cats", wherein
he mentioned that the government was "recruiting policemen
with criminal tendencies for a special task force to be constituted
along the lines of the Dirty-Dozen.... And now inquiries are pending
against at least a dozen police-backed vigilantes, bounty hunters,
undercover operatives over serious charges of corruption."
The Hindustan Times also reported that under cover agents continued
to operate in the State and were using weapons provided by the
police to kidnap local people and extort money from them. According
to intelligence reports, these "Cats" consisted of a
band of dismissed policemen and terrorists-turned approvers. Their
squads were let loose, no questions were asked, they were fully
armed with arms and ammunition to match those of the terrorists.
They started their own loot and plunder in the name of militants.
The more they killed, the more they were hailed, never mind whom
they were killing. Most of the incidents of indiscriminate killings
of bus passengers, members of minority community, small children
and even women were the handiwork of these elements. This policy
was extensively re-used by the Punjab Police during their post-1991
anti-terrorism drive. In fact, Senior Police authorities now admit
that the "Cats" also formed the pivot of the then Punjab
DGP KPS Gill's post-1991 anti-terrorism strategy. He used to catch
few petty criminals who had infiltrated into militants' ranks
and after offering them immunity, high rewards or jobs in the
force, made them work for him(Police). He started the practice
of assuring the captured criminals or militants that they wouldn't
be killed in a fake encounter but let off or just sent to jail
if they opt to be a "cat". If they agreed, they were
shown to be fugitive or to have been killed in an encounter, in
the police records. They were then given false identity and such
people served the police in many ways. This was a pressure tactic
to make even an unwilling and hardcore militant work as a "Cat".
Secondly, declaring a hardcore militant "dead" leads
to demoralization among the militants. It also helps maintain
the anonymity of a militant turned "Cat" and his efficacy
in neutralizing others. In fact, this strategy of Punjab Police
was neither legitimate nor permissible under police rules. If
the view of KPS Gill is correct that there is no illegality in
using a criminal to catch another one, it is also true that making
a killer out of a criminal in the garb of "Cat" is illegal.
The Police Cats were nothing but police vigilantes hired for bounty
killings. There are still many "Cats" who have got many
criminal cases pending against them, and they are working in Police
department. According to intelligence reports, more than three
hundred "Cats" were on the rolls of KPS Gill, who were
given monthly allowance, police guards and even police vehicles
and at the end of 1993 out of these only forty "Cats"
were found alive. The incidents of "Cat" creating a
reign of terror, came to light in 1987 when one of the dismissed
policemen Dalbir Singh who had been given double promotion and
a free hand as he pleased. After his dismissal from police, he
had been reemployed. He was known to have committed numerous crimes,
including bank robberies, dacoities, murders etc. He became a
favourite of Ribeiro, when he helped the police in nabbing some
militants. He gained police loyalty when he gunned down "A"
grade militant Surinder Singh alias K.C. Sharma in Chandigarh.
He was given two out of turn promotions, a jeep and two guards
armed with stenguns. Posted in Patiala, with no official daily
routine, his secret jurisdiction extended to the whole of Punjab
and even nearby states. Once he was found raiding banks and looting
money. He was summoned by the area S.P. and was asked to either
share his exploits with the police or stop his activities. He
reportedly picked up a revolver lying on the table and shot the
S.P. Baldev Singh Brar. The SSP, Sital Das came running from the
next door office to pacify the vigilante. But Dalbir Singh shot
him too and then shot himself. Another notorious member of the
"Cat" brigade was Santokh Singh Kala who mainly operated
in Jalandhar area. Constable Basant Singh, of Village Amargarh
in Sangrur district was also a known "Cat" and had committed
many crimes including abductions, killings and collected more
than Rs 5 crore for his superior officials. He was the gunman
of SHO Darshan Singh of Sidhwan Bet police station. He had even
paid Rs.15 lakh to the then SSP Jagraon, who ordered SHO Darshan
Singh to kill Basant Singh in order to get Rs. 5crore from him.
On his orders, SHO Darshan Singh and SPO Sarabjit Singh killed
Basant Singh and threw his body in a canal near Dardeke village.
It was later learnt that Basant Singh used to commit crimes in
the name of militants. The murder of Akali activist Balraj Singh
Gill by one time militant turned police "Cat" Balwinder
Singh Bhapp in Ludhiana in March, 1997 has once again called into
question the very system of the "cats" being used by
Punjab police in its fight against crime. It was later revealed
that both Balraj Singh Gill and Balwinder Singh Bhapp were earlier
police "cats" and had some duel over some trivial issue
and in the ensuing altercation, Gill was shot dead by Bhapp who
later surrendered before the Magistrate and confessed to the crime.
According to Police record, Harpreet Singh alias Happy, was declared
"dead" in an "encounter" by the Amritsar Police
in 1992. He was allegedly wanted for 150 killings and carried
a reward of Rs.10 lakh on his head. But actually he is still alive
and produced himself in the Punjab & Haryana High Court, Chandigarh
in December 1995 alleging that he was kept in police custody in
1992 and after his escape in September, 1992 he had been living
as an anonymous person all these years. According to him, no such
encounter took place. The Police claimed that it was a case of
mistaken identity. Interestingly, more than ten such militants
have appeared before the Courts who have been declared "dead"
in police records. The policy behind these cases was that most
of the militants declared "dead" were made to work as
"Cats" who used to create terror and commit every kind
of crime in the name of militants. A young Babbar Khalsa and Khalistan
Commando Force militant, Fateh Singh was a proclaimed offender
in police records. He was made to act as a "cat" in
1991 and for five-six years he aided the police in nabbing and
killing many high rank militants, of course for heavy rewards.
But today, he regrets for what he did, because now leading a normal
life is even more dangerous than remaining a proclaimed offender
in police records. The story of Amar Pal Singh of Ropar is no
different. An absconder in police records, he was actually captured
in 1991 on charges of terrorism and made to act secretly as "cat".
But Ropar Police, not knowing of the switchover, continuously
harassed his family. Unidentified gunmen later killed him. Kulbir
Singh (name changed to conceal his identity)was also a known "Black
Cat". His wife , a lady police officer in Punjab told that
they lived in a civilian locality under undisclosed names. Kulbir
had a van, and in addition to his official Mauser pistol, he was
given four AK-47 guns that were captured from the militants. He
along with his gang of "Black Cats" travelled dressed
in civilian clothes and often had flowing beard to make them appear
like Sikh militants. They kept their police identification with
them, just in case the regular police accidentally picked them
up. Receiving any information on militants, they would get verbal
orders from the SSP to abduct those persons if possible and bring
them to the police station for interrogation and torture. If they
were unable to abduct someone, then they had orders to shoot and
kill.Kulbir, according to his wife, had assisted the police in
the abduction of Satwinder Singh (Toto), Harpal Singh Babbar and
Kanwaljit Singh. He had also helped to kill Bhinda Kamoke, Lakha
from Malaikpur, Kashmir Singh(Maulvi) and Balwinder Singh. According
to the intelligence agencies, "Cats" were used for varying
tasks. One way was to use them as spotters. Another was to make
them infiltrate the terrorist gangs and provide information about
their strength, hideouts and modus operandi. Yet another and deadly
category was of "cats" who were armed and operated independently
in the guise of terrorists, tracking down wanted terrorists and
knocking them off. Many persons like, Kabal Singh 'Fauji' were
kept in the CIA staff premises and deputed for killing the militants
and then they returned to the CIA staff,Ropar. Kabal Singh Fauji
was declared a hardcore terrorist in the press. In January, 1993,
he was sent along with a revolver by the SSP Ajit Singh Sandhu
of Ropar to Delhi where he was shown arrested from Delhi Police
in an encounter and the press reported about the arrest of a hardcore
terrorist of Punjab who had come to disrupt the Republic Day function
in the capital. Later on, as planned, the Punjab police got his
judicial custody from the Delhi court for interrogation in other
cases of terrorism in Punjab and brought him to Punjab and showed
'escaped from police custody' whereas actually he was again living
in CIA Staff, Ropar.
Such kind of hardcore criminals after showing exemplary courage
and killing many top rank militants were inducted into police
force. Sukhvir Singh, a wanted terrorist of Khalistan Commando
Force till 1991 and Gurmeet Singh alias Pinky, a known criminal
turned "cat" are now in the Punjab police. Many incidents
were reported in the villages that during the night few "militants"
used to take shelter and get food from one or the other house
and leave in the wee hours. During the day, heavy contingent of
police used to surround the entire village and arrest each and
every person present in the house for allegedly harboring militants.
Many persons identified these so-called militants in the police
team who had visited them at night as militants. Gurmeet Singh
alias Pinky who got out of turn promotion as inspector had become
so out law that he shot a young boy, Avtar Singh of Ludhiana for
objecting to his drinking session on a public road, on 7th January,
2001. Avtar Singh alias gola was passing by the house of Pinky
when he requested the drunkard policemen and his companions to
give way and that angered the policemen and Pinky shot the boy
on his head at point blank range from his pistol and remained
fugitive for more than a fortnight before being apprehended and
booked for murder.
Ribeiro had also issued clear orders that any Sikh who raised
his voice against Police brutality or professed extremism should
be eliminated. He directed his men to pick up the relatives and
friends of the militants to force the militants to surrender,
and if they did not, to kill their relatives. He propounded the
theory of "bullet for bullet" and virtually ruled the
state with direct instructions from the Centre. The sordid picture,
which brought to fore the horrible crimes committed by men in
uniform and the tale of hundreds and thousands of victims is sure
to make a powerful impact on the mind of mankind. The Punjab Police
under the butcher brigade of officers like J.F.Ribeiro and K.P.S.Gill,
the then Director-General of Punjab Police was frittering away
their gains in a continuing onrush of official lawlessness. In
its pursuit to achieve success at any cost and in the battle against
their own countrymen, the Police in the State left behind scars
that no penultimate tactical success will be able to heal. If
the bombs and bullets of militants have wounded the People of
Punjab, so too have they been injured by the methodical brutality
of their protectors-the Police that often choose to enforce the
law by breaking it. In an increasing number of instances, the
Punjab Police was found subverting the process of law by stalling
inquiries and shoving those indicting them under the carpet. Hundreds
of innocent people were killed as "suspected terrorist"
in fake encounters.
It is said that when the distinction between the law-breaker and
the law-enforcer blurs, the state looses its authority. Exactly
it so happened in the State during the black era in its history
beginning 1987. In this turmoil the truth was the main victim.
Many cases of militants being killed in police encounter, reported
by the press were plain misinformation. Seething resentment was
born each time the police jackbooted innocent but went unheard
due to pressure of Police over print media. The Punjab Police
had been acting beyond the pale of law time and again, and often
in a most blatantly callous fashion. The statistics in Punjab
are numbing and yet, the story they tell is impossible to ignore.
During the last decade, more than 25,000 people had been killed
by Punjab police branding them as "terrorists"-many
more than killed in the 1965 Indo Pak War. Entire families were
wiped out or the men were killed and the women were spared, or
the parents were killed and the children were left, or the children
were killed and the parents were left. After a point, death lost
its sanctity. It became a matter of morbid humor. The period witnessed
a particularly galling display of wanton, often barbaric police
violence. The humanity was deeply disturbed by the diabolical
recurrence of police excesses resulting in a terrible scare in
the minds of common citizens that they were under a new peril
when the guardians of the law drove human rights to death. The
vulnerability of human rights assumed a traumatic, torturesome
poignancy when the violent violation was being perpetrated by
the very arm of the state whose function is to protect the people
and not to commit gruesome offences against them as was happening
in Punjab. The police-lock up, if reports appearing everyday in
the newspapers, had any streak of credence, had become more and
more awesome cells. This distressing situation proved to be disastrous
to the human rights movement and humanist constitutional order.
These were not lone aberrations, murders, rapes, torture, and
excesses committed by the Police did not occur in the hinterland
where policemen treated themselves to be the Judge, Jury and the
Executioner. Illegal detentions and non-judicial killings became
the order of the day. Relatives of the militants who had even
disowned their kin were picked up and tortured. Even women and
children were not spared. Anybody who went to secure their release
was asked to produce the militant and when they could not do so,
the badly tortured dead body of such victim was handed over to
them. Sheltered by law that made them virtually unaccountable,
the police was gradually becoming part of an evolving system in
which the law grovels before authority instead of the other way
around. Authority, clad in uniform, baton in hand, revolver at
the hip, lost legitimacy-the moral mooring of the State-when it
rose above the constitution. Because the police continued with
its arbitrary ways, driven variously by greed, revenge, corruption,
performance yardsticks and the need to cover up, it became the
most dreaded force and proved to be its own enemy. In July, 1990
police claimed that there were only 1026 terrorists in the State.
And by that time, newspapers had already reported that more than
2500 militants had been killed in police encounters. It means
that there were still 1300 militants at large. In their lust for
money and promotions, the policemen started killing even innocent
people, or anybody whom they suspected to be known to some militant,
in fake encounter, and operating a bloated and unaccounted "secret
service fund" running into crores of rupees in an arbitrary
and dangerous fashion. The rush for claiming cash rewards had
turned them into uniformed mercenaries. Besides the rewards for
killing listed militants, the department gave "gallantary
awards" for killing unlisted militants. Every week, the Inspector-Generals
of various ranges used to send their lists to Additional Director-General.
The amount of reward varied from Rs.40,000 to 5 lakh. There was
money even in seizing arms. A circular issued by the Police headquarters
in 1992 reads : "Rs.7,500 for every General purpose machine-gun
captured, Rs.5,000 for an AK-74 or an AK-47 and Rs.3,000 for a
Sten gun."
During thosedays, the police had very few theories on their tips
regarding police encounters. Most favorites among those were,
....... on receiving a tip off, a police party was holding a Naka
on a road, when the vehicle was signaled to stop at the Naka,
the occupants of the car opened fire on the police party and in
the cross-fire two occupants of the vehicle were killed and three
others managed to escape under the cover of darkness leaving behind
heavy cache of arms and ammunition including two AK-47 and pistols
etc.
....... So and so terrorist was being taken in police vehicle
for the recovery of weapons when the police vehicle was ambushed
by militants and in the cross-fire the arrested militant managed
to escape or got killed and others managed to escape.Huge quantity
of weapons were shown recovered from the encounter site.The story
of an un-identified terrorist committing suicide by consuming
cyanide before being caught was also not uncommon during those
days. But the police stories came out to be bare faced lie when
one asked a question that why it was always the militants who
were killed in the ambush and no policeman ever suffered any scratch
in that encounter. This was one among the many reasons of prolonged
militancy in the state. It was very easy to kill anybody those
days. Pick up a person, put a label of terrorist on him and then
extract as much money from his relatives as one could and even
after receiving the price, kill him in an 'encounter' and get
another reward from the police force. Or at the least show him
'escaped from police custody'. Over the years the government evolved
new modes of custodial killings. There were numerous reports giving
instances of the kind, where encounter and cross-shooting had
allegedly taken place but the only person dead or injured was
the so-called terrorist, who was found with duly implanted ammunition
and weapons. Sometimes the injured or the escaped person was the
one who had been held handcuffed by the police. Reports of killing
of 'unidentified' terrorists also became an order of the day.
New theories of defining custodial deaths were evolved. These
included 'suicide death by consuming cyanide', 'killed by other
militants', 'unidentified militant found dead' or 'escaped from
police custody'. The brunt of the police atrocities was borne
by mostly the Sikh population that had no ray of hope of seeing
the end of their sufferings. The reports published in magazines,
newspapers about police repression contained innumerable cases
of torture of innocent persons. Such incredible stories and explanations
were advanced which were too ridiculous or irrational to believe.
On June 8, 1992 the Punjab police reported that 9 militants belonging
to Bhindranwale Tiger Force had been killed during a 28 hour long
encounter in Village Behla of district Taran Taran. According
to eyewitnesses, few villagers namely Niranjan Singh, Sakattar
Singh, Sukhchain Singh and a mason were constructing a room at
their tubewell just outside the village. Suddenly a heavy contingent
of Punjab police and CRPF surrounded the whole village and ordered
these five men to come along with them to the house of Manjinder
Singh, a local Akali leader. On the way Bhupinder Singh and one
more person of the village were forced to join the party. At the
house, the security forces put the men in front of them and told
them to open every room and ascertain that no militant was hiding
inside. After searching almost all rooms they directed the men
to stand by the stairs along with a few police and CRPF men. Other
security personnel went upstairs. All of a sudden there was a
burst of gunfire in which five or six persons including one constable
were killed. Actually the house was occupied by one Surjit Singh
Behla, the so-called deputy chief of Bhindranwale Tiger Force
of Khalistasn. Earlier to the encounter, his four sisters had
also been brought to persuade Surjit Singh to surrender but he
refused. The police, according to the villagers, kept the house
under fire for 28 hours. After the encounter, the SSP of Taran
Taran, Ajit Singh Sandhu, claimed that Surjit Singh Behla, deputy
Chief of the BTFK, Madan Singh Maddi, Niranjan Singh, advisor
to the militant outfit, Sakattar Singh an area commander of the
outfit and five other unidentified militants had been gunned down
while no civilian had been killed or injured. Newspersons who
visited the spot immediately after the incident, found the police
story quite baseless. Actually, it was found that innocent persons
were used as human shields and 7 of them had been killed. According
to the reports, the official version of the encounter was false.
It was established that only two, perhaps four, among the killed
were hardcore militants. Inspite of huge uniformed force laying
siege to the house, the police reportedly resorted to the utterly
revolting and indefensible ploy of using innocent civilians as
shields from behind which they fought the besieged militants.
Versions may vary and the security forces might deny using these
men as shields, but the sinister manner in which innocent civilians
were entered in the police records as unidentified terrorists
killed in encounter has given their game away. This is the sort
of blatant misinformation, which makes nonsense of police claims
on the number of militants killed in Punjab everyday. The posthumous
conferment of militanthood on persons rendered lifeless by police
bullets had become a routine practice and a cruel joke. The people
of Punjab were the optionless victims of this inhuman exchange
of fire and falsehood. It has been an enduring boast of Mr. KPS
Gill that his forces while not succeeding in bringing down the
number of innocents killed by the militants, had succeeded in
killing a large number of militants. If the Behla encounter is
any indication, the people know what to make of this claim.
During 1988, KPS Gill, the Director General of Police, Punjab
released a list of 53 'terrorists' which read: "Reward for
apprehension/liquidation of wanted terrorists/extremists as mentioned
against the name are hereby sanctioned....". The word "liquidation"
was later on deleted, after a Public Interest Litigation was filed
in the Supreme Court questioning the policy of the Punjab police
in encouraging extra-judicial killings.
On December 8,1990 there was a robbery in the Putlighar branch
of the New Bank of India in Amritsar. A few days later, the police
claimed to have arrested the five accused involved in the crime.
Later on, the police declared all the five accused dead in an
encounter. Actually, the real story that came out later is different.
All the five suspects were taken to isolated fields and shot in
cold blood. An inquiry into the false encounter conducted on the
orders of Senior authorities by DSP Dharam Singh, also established
evidence of killings. He recommended the registration of murder
case against the police party headed by ASI Ashok Kumar. But on
the orders of Sanjeev Gupta, the then SSP of Amritsar, the inquiry
was hushed up, inspite of the fact that the inquiry officer had
recommended the registration of murder case against the police
officials. Even the relevant file went missing from the police
records. However, when a senior officer came to know about it,
he ordered the file to be reconstructed and ordered appropriate
action against the police officials. "It was a shameful case
for the force" admitted the said officer.
Three militants - Sahib Singh, Dalbir Singh and Balwinder Singh-were
"killed in police encounter" on September 13,1992 when
they were allegedly ambushed by militants while being taken by
the police for recovery of weapons near Thardhe village in Majitha
Police district. Later, the body of another militant was found
at the encounter site along with an AK-47 and some ammunition.
But, the police officials at Amritsar admitted that there had
been no ambush and all the four were already in police custody.
Probably, they were also summarily executed.
In another telling case, on June 1,1992, Paramjit Singh along
with his father, two brothers, sister-in-law and 18 month old
nephew, were picked up from their home in Mohali, near Chandigarh
on the charge of harbouring a militant, Amrik Singh kauli who
was arrested from their house. Over one month, the police produced
Paramjit Singh before at least six judicial magistrates in Ropar
and Chandigarh to get a long term police remand, but the request
was turned down. On July 4,1992 his mother, Pritam Kaur filed
a petition in the High Court pleading the safety and security
of Paramjit's life and that she would accept him being in jail
even "in fetters and chains". On asked by the court,
the police said that when Paramjit Singh was being taken for the
recovery of some seditious material on June 27,1992 the vehicle
had a punctured tyre on the Bhakhra main canal bridge near Rangilpur.
Finding the police party busy changing the wheel, the accused,
who was chained to the belt of a constable, jerked himself free
and jumped with handcuffs into the canal and could not be traced
thereafter. Police sources in Chandigarh however, confirmed that
Paramjit Singh was still in police custody. The fact that no action
was taken against the constable concerned, also belies the official
story. Paramjit Singh is still missing and his parents are still
hoping for his return some day.
On February 6,1991 Dalbir Singh Banka was arrested by the Ropar
police from his village, Bahlolpur for illegal possession of arms.
Two days later, he was brought back to the police station after
"recovery of weapons". However, the following day his
family members were told by the police that he had escaped during
the previous night. After Banka's relative moved the high court,
the Ropar Sessions Judge was deputed to look into the incident.
A year later, the judge in his report dismissed the police version
as false and held them responsible for Banka's disappearance;
he was probably killed or held in the illegal police custody.
Sarwan Singh, son of Gurcharan Singh, a political activist of
Village Ladhupur, in Gurdaspur District was booked in a murder
case by the Gurdaspur Police, because he had unsuccessfully contested
the assembly elections from Kahnuwan Constituency in 1992 against
the Congress candidate and was inimical to congress people. He
was made to surrender before the police after his old father and
brother were illegally detained and tortured for two months in
1993. The then IG Border Range, D.R. Bhatti had assured his family
members and village panchayat that he would not be killed in fake
encounter. But only two days after his surrender, on 3.2.1993,
the police in a press statement declared that he had escaped from
police custody when the police party was ambushed by militants,
while he was being taken for the recovery of weapons. His wife
moved the Supreme Court and Sessions Judge, Gurdaspur was directed
to conduct an inquiry into the disappearance and the Sessions
Judge, discounted the police version and held that the police
story that the victim had escaped from its custody was not at
all plausible and that the victim was in the illegal custody of
CIA Staff, Gurdaspur. But the police officials manipulated the
case and no order was passed against any police officer for the
crime.
Another case related to the cold blooded murder of four villagers
who were travelling in a white Maruti Car on July 12,1992 near
Ambala (Haryana) highlighted the inhuman behavior of the Punjab
police. The occupants of the car were signalled to stop near Ambala
by some jeep-borne policemen in plainclothes. The victims had
mistaken the policemen in mufti for terrorists and sped away,
but were chased by the police party and all the four including
a small child were killed in the police firing. The police claimed
that they were given wrong information that the men travelling
in the car were dreaded terrorists, including Nirvair Singh Nindi,
a top terrorist carrying a reward of Rs. 10 lakh on his head.
But when the real identity of the victims were disclosed by the
villagers who had protested at the police action by blocking traffic
on the Delhi-Chandigarh highway, that those killed were an Ambala
businessman Jaswinder Singh 28, his 4 yrs. young son and brother-in-law
Jasbir Singh, the police realised its mistake. But still no action
was taken against the police party for shooting down four innocent
persons. However, on the orders of the High Court, a murder case
was registered against the policemen including the then Senior
Superintendent of Police, Mr.Sumedh Saini and all the police officers
are facing a murder trial in a court at Ambala.
Shamefully, inspite of great public outcry and protests by the
people, the government was not prepared to institute fair and
independent inquiries into alleged police excesses, after few
of them indicted some police officers, as in these two cases;
The first involved a truck driver, Sukhwinder Singh of Chohan
Village in Hoshiarpur Distt. The police version is that on November
8,1990 a police party led by ASI Manjit Singh signalled a truck
to stop at a naka in Kapurthala district. Instead of stopping,
the truck tried to run over the party, and its occupants started
firing. In the chase both vehicles lost balance and plunged into
the fields. Two terrorists escaped after killing the truck's driver,
Sukhwinder Singh. Contradicting the police story, the villagers
claimed that Sukhwinder Singh was on his way to Delhi after visiting
his family and was shot dead by the police after he was accused
by another villager of ramming his truck into his shop. On a complaint,
the then governor asked the then Jalandhar Commissioner, N.K.Arora,
to look into the matter. Arora found some incriminating evidence
against the ASI and recommended an inquiry by a gazetted officer
besides a compensation of Rs.50,000/- to the driver's wife. But
the DSP who conducted the inquiry, exonerated the ASI. It was
only in June,1992 that the Home department, on the orders of the
Chief Minister, directed the State Police Chief KPS Gill to file
a case of murder against the ASI. But the police refused to comply
with its orders.
In the second case, on April 28,1992, Karnail Singh, a driver
in the Customs and Central Excise department at Amritsar, was
detained by the police following some altercation with somebody.
Accompanied by some local customs employees, his wife went to
the Sadar Police Station where they met him in the lock-up. But
the next day the police told that he was not in their custody.
Later, the police corrected themselves by saying that Karnail
Singh was let off on May 29. And after S.P. Srivastava, regional
customs collector, approached the Chief Minister, Beant Singh,
the official version came: "Inquiries have revealed that
Karnail Singh was killed by terrorists on May 1." It is another
point that the inquiry conducted by Intelligence wing of Punjab
police into the disappearance of Karnail Singh, had revealed just
the contrary. SP Gian Singh, a Chandigarh based officer deputed
to conduct the inquiry held that he was picked up in an inebriated
state by a DSP and later interrogated by the Sub-Inspector Rajinderpal
Singh of Police Station Sadar, Amritsar and his staff. "Due
to toture or mishandling, he died on the night of the arrest.
His body was taken away and thrown into a nearby drain" was
the ultimate finding given by the Senior Police officials. But
still no action was taken in the matter.
There were many such cases where the victims died in police custody
and their dead bodies were thrown into the canal water without
keeping any record of such elimination and without doing any inquest
proceedings, which are mandatory under the criminal law. It was
only after the recovery of hundreds of dead bodies from the waters
of Bhakhra main line and Sirhind canal, that the Rajasthan Government
made a formal protest to the Punjab government regarding recovery
of a large number of dead bodies of Sikh youths, with their hands
tied at their back.
Similarly in another case, Balbir Singh of village Shahpur in
Patiala district was dragged into a police vehicle by CIA Staff,
Nabha on July 27,1996. On reaching the CIA staff, the family members
and village panchyat saw Balbir Singh being tortured by policemen.
On July 28,1996 at about 4.30 p.m. residents of Thuhi village
saw a police van standing on the Sirhind Canal bridge and the
body of Balbir Singh was thrown into the canal. The whole village
started looking for the body and it was fished out the next morning.
Balbir Singh's post mortem report showed multiple injuries, burn
marks and a fracture on the neck. In the High Court, the police
took the plea that Balbir Singh had escaped from the police vehicle
and jumped into the canal and died. Refusing to admit police story,
the High Court ordered CBI inquiry into the incident.
Those days, when a person went missing, it was believed that he
had been picked up by the police. But the police outrightly denied
having heard of such person. Sometimes they were technically right
because the person was picked up by police party from outside
district. No information was given to any of the relative till
one read in the newspaper about the death of the detenu in some
police encounter.
Ram Singh Biling, a Sangrur based journalist and human rights
activist was picked up by the police from Bhogiwal village in
Sangrur on January,3, 1992 in the presence of villagers. But the
police denied having taken him into custody. However, a senior
police officer posted in Chandigarh admitted that he died at the
police's hands, apparently from torture. His whereabouts are not
known since then. The matter went to Supreme Court and also to
National Human Rights Commission, who ordered the State of Punjab
to pay Rs. 5 lakh as compensation for killing Biling in Police
custody. But the guilty policemen were not harmed and are serving
in the police department without any punishment.
A political leader and Member Parliament, Jagdev Singh Khudian
was kidnapped from his village on December 28,1989. Later on his
dead body was recovered from the Rajasthan Feeder canal on January
3, 1990. The police alleged that he committed suicide. His family
members doubted this explanation and on their representation,
the Punjab Governor appointed Justice Harbans Singh to inquire
into the circumstances under which Mr.Khudian died. Justice Harbans
Singh in his report submitted in April 1990 rejected the police
account saying, "The presence of ante-mortem injuries, sufficient
to cause death in the ordinary course of nature, established that
he died of violence." The Judge further held that,"
inspite of family's suspicion of some foul play, the investigating
officer adopted a line inappropriate to the situation. Even if
the investigating officer or somebody higher to him was of the
view that Khudian had committed suicide, the other possibility
that he might have been murdered should not have been ignored.
When the attitude of the investigating agency in the matter of
death of an elected MP was so indifferent, what could an ordinary
resident of Punjab expect of them? "
Another glaring example of police brutality was the elimination
of the entire family of Sadhu Singh of Bagga Village in Majitha
police district. On October 29,1991 a police party led by DSP
Baldev Singh Sekhon who was posted at Dera Baba Nanak Police Station
and his brother Head Constable Balwinder Singh picked up Sadhu
Singh, his son and five grandsons in order to settle personal
enmity and kept them in his custody. They were implicated in the
kidnapping of a relation of the DSP. Since then there whereabouts
were not known. DSP claimed that he had released them. But the
fact is, that since no case was registered against them, he took
them along when he was posted out of Majitha and killed all of
them in extra-judicial manner. Later on the Supreme Court ordered
a C.B.I. inquiry which found the DSP and eight others responsible
for the liquidation of these people and on the orders of the Supreme
Court, the DSP and eight others were booked for murder and finally
sentenced to life by the Sessions Judge, Amritsar in March, 1997.
On November 21, 1986 C.R.P.F. jawans shot dead Sukhwinder Singh
of Village Khyali in Amritsar district, simply because the taxi
he was travelling in did not immediately respond when asked to
stop. According to the driver of the taxi, Sukhwinder Singh and
his 18-year old friend Ajeet Singh were gunned down as they alighted
from the taxi a hundred yards from a C.R.P.F. picket. The police
tried to pass it off as an encounter, until angry villagers organized
demonstrations and road blockades. The matter was later, hushed
up by the senior police officials.
On August 23, 1987, Sardool Singh, a 35 years old contractor of
Amritsar was going on his scooter when he hit an old woman, but
failed to stop. Unfortunately for him, Superintendent of Police
Baldev Singh's car happened to be passing by. The officer's escort
jeep overtook and overpowered Sardool Singh. According to eye-witnesses,
C.R.P.F. jawans beat up Sardool Singh and in the melee a jawan
accidentally pressed the trigger of his sten gun killing another
policeman. This enraged the policeman who vented his frustration
by spraying Sardool Singh with a burst of gun-fire. Later on,
the police claimed that Sardool Singh was a wanted terrorist who
was carrying a country-made pistol and that he had killed the
C.R.P.F. jawan. But the inquiry report of S.D.M, Mr.S.P. Mahajan
refuted the police story and held the deceased contractor innocent.
He recommended compensation to the next of the kin of the deceased.
S.P.Mahajan was, however, transferred from Amritsar soon after
his report.
In its policy of making the State into a Police Raj, Punjab police
crossed all limits of lawlessness and its officers treated themselves
to be above law. The DGP Punjab, Mr.K.P.S. Gill himself became
so mad that he lost control over his lust for women and even slapped
a woman IAS officer, Rupan Deol Bajaj, on her posterior in a dinner
party on July 18,1988. He was found to be under the influence
of liquor. Later on he was booked for eve-teasing and ultimately
convicted for the offence and fined.
In Amritsar, a police party arrested four women on the charge
of pick-pocketing in 1992 and tattooed their forehead by inscribing
"jebkatari" (pick-pocketer) on it. This inhuman crime
was viewed seriously by the High Court and the Punjab police was
again brought to dock for its inhuman acts of torture. The police
officials were sentenced to imprisonment and each of the victim
was awarded compensation and free medical treatment for surgery
on the forehead.
On August 16,1991 Santokh Singh (40) of Ladhowal in Ludhiana district
was picked up by a police party and brutally tortured, on account
of which he died. The police concocted the story that he had died
due to snake bite. The High Court awarded a compensation of Rs.2.5
lakh to the widow of the deceased, besides ordering criminal proceedings
against the guilty police officials.
In March, 1993 Bagicha Singh, son of Hazoora Singh, a young granthi
in a gurdwara in Village Sahungra in Hoshiarpur district was picked
up by a police party led by Inspector Lakha Singh, SI Harpal Singh,
HC Harbhajan Singh and Surinder Singh etc. and eliminated in extra-judicial
manner. His father approached the High Court, and a judicial inquiry
was held by Sessions Judge, Hoshiarpur who held that the "police
story of escape of Bagicha Singh from police custody while being
taken to Bariana Choe for the recovery of sten-gun is inherently
infirm and too unnatural and improbable to be believed as correct
and it seems to have been put forward with a view to justify the
non-production of Bagicha Singh before the Court of Ms.Manju Bala,
Judicial Magistrate, Hoshiarpur, on 8.3.1993, on the expiry of
police remand and in all probability, Bagicha Singh was eliminated
by the police party." After holding the trial of the nine
policemen involved in the crime, the Sessions Judge, Hoshiarpur
finally convicted and sentenced them to seven years imprisonment
for killing Bagicha Singh.
Maninder Singh alias Dalli was arrested by Haryana Police on March
2, 1993 and handed over to Punjab police on 5th March, 1993. But
after obtaining his police remand for more than a month in different
cases, he was ultimately declared "escaped from police custody"
on April, 24,1993. The Police story was that "when the accused
was being taken for recovery of arms and ammunition, the police
party was fired at by some unknown persons and in the ensuing
exchange of fire, which continued for about half an hour, Maninder
Singh had escaped from police custody under the cover of darkness."
The High Court marked a judicial inquiry into the incident and
the Sessions Judge, Patiala held eleven policemen responsible
for liquidating Maninder Singh in the area of Village Majhi in
Bhawanigarh in district Sangrur on April 24, 1993. The policemen
are still facing murder trial in a Patiala Court.
Avtar Singh Shatrana, an elder brother of a militant was picked
up by the police from Shatrana village in Sangrur district in
1991 in order to secure the surrender of his militant brother.
His badly tortured dead body was handed over to his family few
days later. The police story was that he was killed when a police
party escorting him to recover weapons was fired upon by militants.
But his body had no bullet injuries. Instead, it bore the marks
of third degree torture.
Three brothers, Nishan Singh, Sukhdev Singh and Jagjit Singh of
village Briyar in Gurdaspur district were picked up from their
house on December 7,1992 and since then nobody heard of them.
Their mother approached the Supreme Court where one person gave
a statement that he had seen the three brothers in the custody
of Kapurthala police. Supreme Court ordered CBI inquiry and the
CBI found one Sub-Inspector guilty of liquidation of the three
brothers and one Superintendent of Police guilty of destroying
vital record of the case to save the policemen. The said policemen
are still facing trial in CBI court in Patiala.
In 1993, the Car of the then Senior Superintendent of Police,
Chandigarh Sumedh Saini was blown off in a bomb blast, but he
escaped with minor injuries. A Sikh Police Constable Manjit Singh
was suspected of aiding the militants. He was picked up on 16th
August, 1993 and kept in police station Sector 26, Chandigarh.
No body was allowed to meet him. On 17th August, he was handed
over to his parents in a very serious condition. Inspite of every
possible medical treatment, he succumbed to his injuries inflicted
during third degree torture by the Chandigarh Police within few
hours. Immediately after his death, his widow Karamjit Kaur filed
a petition in the court asking for a fair postmortem examination
and for restraining the police from cremating the body. The post
mortem report established that there were many external injuries
and muscle injuries on the deceased due to which he died. An inquiry
was held into the alleged custodial death.
Another glaring case of police brutality in the state came to
light when a young boy Surjit Singh alias Sarabjit Singh of Valtoha
in Distt.Amritsar was abducted by a police party on October 30,1993
and after badly torturing him, he was brought to the Civil hospital,
Patti as dead. When his post-mortem was being conducted, the doctors
found him alive. He was immediately administered glucose and he
gained consciousness. When the Sub- inspector Sita Ram, who had
abducted and beaten him came to know of his being alive, rushed
back to the hospital and forcibly took him away and brought his
dead body for the post-mortem after sometime. Two advocates who
were incidentally present in the hospital were witness to all
this inhuman act. Next day, newspapers reported this incident
in bold print and Supreme Court for the first time took suo moto
notice of the news item " Killed once, twice..." and
ordered a CBI inquiry into the incident. CBI chargesheeted Sub-Inspector
Sita Ram and the Sessions Judge, Amritsar finally convicted and
sentenced him to life imprisonment for abducting and killing Surjit
Singh in police custody.
A teacher, Swaran Singh of Village Mohpur in Ludhiana district
was similarly picked up from his house by Payal police in Ludhiana
district on 5.7.1993 and subjected him to inhuman torture, because
he was contesting the assembly elections in Payal constituency
on Akali Dal(Mann) ticket against the Chief Minister Beant Singh.
He was done to death and his whereabouts are not known since then.
In 1990, Nirmal Singh, Sarpanch of Gram Panchayat Hothian in Goindwal
Sahib Police Station was kidnapped by Punjab police and since
then his whereabouts are not known. His wife approached Supreme
Court and a CBI inquiry was ordered into his disappearance. CBI
found evidence of kidnapping and liquidation against 13 police
officials and filed chargesheet in the court.
It must be borne in mind that the above mentioned cases are among
those cases which were highlighted in the media and the victims'
families were able to get some justice from the courts of the
land. Otherwise, there are thousands of similar cases which failed
to evoke any response from any quarter. In many cases, the people
opted to compromise with the time and decided to bury their tragic
stories in their heart and turned cold on being asked about any
such incident. There are very few people today, who dare to come
forward and challenge the police version of police encounter.
Recently a Co-ordination committee on disappearances in Punjab
held field survey of such victims and documented more than nine
hundred cases of forced disappearances, fake encounters and summary
executions. Still many others have not come forward or even did
not remember the details like, when their relative was picked
up or killed and who is responsible for his death. A chart containing
the details of the 'missing' persons as reported by the Committee
in its interim report released in 1999 is given in Appendix I.
Kulwinder Singh, son of Ajaib Singh was rounded up by a Police
party of Amritsar on December 20,1991. Later on nobody heard of
him. His father ran from pillar to post to get some information
about his son, but ultimately when he could not get justice from
any corner, he committed suicide on July 7,1997 by consuming insecticide
in the Parikarma of Golden Temple, Amritsar under frustration.
Kulwinder Singh, according to the police was arrested on a police
naka while he was going on a scooter with Parminder Singh Sona,
a hard-core militant. But police is silent about his whereabouts.
Surjit Singh of Dulokalan village in district Ludhiana was kidnapped
by Sub-Inspector Gurmail Singh and SI Darshan Singh on March 17,1993
when he was returning to his village on his tractor. He was later
shown to have been killed in encounter. Both the officers demanded
Rs.1.60 lakh from his brother as a price for his release, which
was not paid. Senior authorities on being approached by his brother
conducted inquiry and held the two policemen responsible for killing
Surjit Singh and a case was registered against them.
Gurbaj Singh alias Baja, a Patiala district resident was picked
up by the Patiala police on March 5, 1993 and is missing since
then. His mother then filed a Petition in the High Court and a
judicial inquiry held by Sessions Judge, Patiala confirmed that
Gurbaj Singh was killed in a fake encounter, the Police claimed
that he had escaped from police custody while being taken for
the recovery of weapons. The High Court while ordering a compensation
of Rs. 1.5 lakh to the mother of the victim, observed that "It
appears as if the police in this part of the country is playing
the game of poaching holocaust i.e. eliminating human species.
It is not a question of suppression of terrorism. The fact in
this case clearly establish the attitude of the police, that wanted
to take personal revenge against those people who had not compromised
with them."
In 1992 one young Sikh Paramjit Singh of Bathinda, was picked
up by a police party by branding him as terrorist and made him
disappear for ever. The SHO Inspector Gurjeet Singh of Mansa gave
the same pet story that Paramjit Singh had escaped after firing
on the police party while being taken for the recovery of weapons
near Chumbhewali village. His father was given a compensation
of Rs. 1.5 lakh by the High Court, but on the orders of the Supreme
Court, murder case against Inspector Gurjeet Singh and 10 other
policemen was registered and they are facing trial in a CBI court.
Bhai Gurdev Singh Kaonke, the former Jathedar of Akal Takht was
an Amritdhari (Baptised) Sikh. He was a religious minded person.
Since 1984, he started taking active part in religious and political
affairs of Sikhs. On 20 Jan 1986, he was appointed acting Jathedar
of Akal Takht. He was arrested on 30 April 1986 from Golden Temple,
Amritsar. When he used to go on tour for delivering religious
discourses, often, the police used to surround that particular
Gurdwara and used to ask him not to go on his preaching rounds.
On 20 December, 1992, at 4 A.M., a police party consisting of
10-15 policemen came to his residence and told that they intend
to arrest Gurdev Singh and take him along with them. The police
took him along and released him in the afternoon. On 25th December
(1992) at 5.30 A.M., the Police party in a Gypsy and led by Inspector
Gurmeet Singh came home and asked for Gurdev Singh. Family members
told them that he had gone to the local Gurdwara. The police went
to the Gurdwara and asked him to accompany them to the police
station. Bhai Gurdev Singh told them that he would go home and
then accompany them. He then came home, followed by the whole
village. He took his bath and then the police party took him along
to Sadar Police Station Jagraon. His younger son Hari Singh, and
Mohinder Singh went to the Police Station with food but were turned
away by the police. Since then his whereabouts are not known.
According to press reports appearing in January, 1993 it was alleged
that Bhai Kaonke had escaped from police custody on January 3,
1993 when he was being taken by the police to a suspected hideout
of terrorists for the recovery of arms and ammunition. An ex-serviceman
Darshan Singh had disclosed in 1998 that he had seen his dead
body in the Jagraon Police Station. Very recently, one convict
Amarjit Singh, a resident of Ludhiana has made hair raising revelations
about the cold-blooded killing of Bhai Gurdev Singh Kaonke. He
says that on 30th December, 1992, he was detained in Police Station,
Sadar, Jagraon in a case pertaining to narcotics smuggling. In
the evening he saw four police gypsies entering the police station
around 6.30 p.m. from which senior police officers came out. They
went to another vehicle following them from which they dragged
out a critically injured man whose face was badly bleeding and
clothes were soaked with blood. He was thrown out of the Gypsy
and the entire force surrounded him while the police officers
started interrogating him. They continued with the torture but
when they went inside to discuss something, he offered a few drops
of water to the injured man, who was Bhai Gurdev Singh Kaonke.
During this period, the victim told him that the police had threatened
to eliminate him. And before he could reveal anything more, the
police officers came out and all of a sudden fired shots at point
blank range at him, killing him. Two other people' along with
Amarjit Singh also witnessed this gruesome murder and the police
all of them of implication in a false murder case if they revealed
anything about the incident to anybody. Amarjit further disclosed
that after half an hour, a police vehicle reached there and he
was asked to load the Jathedar's body into the van, which he did.
People's belief that he was tortured and killed in fake encounter
has been certified by the eye-witness account. After great public
outcry, high level inquiry by Mr.BP.Tewari, ADGP was ordered by
the Punjab Chief Minister to pacify the angry villagers and the
inquiry also found that the Jathedar was killed in cold blood
by the police. But the inquiry report is gathering dust in the
police records, never to be brought in public.
Gurmail Singh of Village Akkanwali in Mansa district was abducted
in January, 1993 by Inspector Gurjeet Singh, Chuhar Singh and
some other policemen of P.S. Mansa and killed in fake encounter.
The Police showed him "escaped from police custody".
On an inquiry being ordered by High Court, the Sessions Judge
Bathinda held the policemen responsible for the disappearance
of Gurmail Singh and on his report, the High Court ordered the
registration of murder case against the two policemen.
Kulwinder Singh alias Kid, a young boy of Mohali, near Chandigarh
was kidnapped from his house in Mohali on July 22,1989 by a police
party headed by the then Inspector S.S.Grewal, SI Birbal Dass,
ASI's Amarjeet Singh and Chanan Singh, HC's Gurcharan Singh and
Nikka Ram, besides constable Dayal Singh and later on during the
night intervening July 23 and 24,1989 killed him along with another
person, in a false police encounter in a field near village Tangori,
Distt.Ropar. His father approached the High Court seeking judicial
inquiry into the elimination of his son in fake encounter. A Judicial
inquiry was marked and the Sessions Judge Chandigarh was deputed
to hold the inquiry. He found the police version of police encounter
palpable lie and held that "Kid" was killed in cold
blood by the police. On his recommendation, the High Court ordered
C.B.I. to file chargesheet against all the above named police
officials and after obtaining sanction for their prosecution,
the CBI has now presented challan against them in the court at
Chandigarh.
Dalbir Singh, son of Shiv Ram was picked up by Ropar police from
his house on March 11,1992 and since then his whereabouts are
not known. The police declared him dead in a fierce police encounter
on March 13, 1992. On the orders of the High Court, Sessions Judge,
Ropar held an inquiry into the disappearance of the boy and held
the police guilty of killing him in fake police encounter. In
a very similar way, Harjit Singh of Taran Taran was picked up
by a police party of Taran Taran in October, 1992 and later on
shown to have been killed in an encounter. His father also knocked
at the door of the High Court and a warrant officer was appointed
to find out the boy in police custody. The warrant officer found
Harjit Singh in the lock up, but the police whisked away the detenu
to an unknown place. Later on Sessions Judge Amritsar was asked
to conduct the inquiry into the disappearance of the boy. He did
not give any clear finding and asked for a detailed probe into
the matter. Thereafter the matter was sent to CBI for investigation.
Kuldip Singh, son of Sukha Singh a young boy of Kalanaur in District
Gurdaspur was picked up by the Gurdaspur police on May 21, 1988
from his residence and since then his whereabouts are not known.
Sixty-five years old Baldev Singh from Amritsar had retired from
9 Punjab Regiment of the Indian army. His youngest son Pragat
Singh (25), earned his livelihood from a dairy farm. The police
began to harass him, picking him up for interrogation and torturing
him in illegal custody. Unable to put up with the harassment,
Pragat Singh went away from the house but was arrested on 19 September
1990. On 5 November 1992, newspapers reported Pragat Singh's death
in an armed encounter with the police near Raja Sansi, a suburb
of Amritsar. Baldev Singh talked to an employee at the General
Hospital in Amritsar where the post-mortem of the dead body had
been conducted. The employee's description of the body matched
Pragat Singh's. Baldev Singh reached the Durgiyana Mandir cremation
ground in the nick of time even as the police had just lit the
pyre. The head was already burning, but the rest of the body was
still intact. His son Pragat Singh was burning. Although Baldev
Singh was allowed to carry the ashes for the last rites, the abduction
and the illegal cremation remained officially unacknowledged.
Lakhwinder Kaur from Tarn Taran in Amritsar district was the mother
of 35 years old Hardev Singh, a farmer and a member of the All
India Sikh Students Federation. Hardev Singh disappeared after
the police kidnapped him from the house of a colleague on 28th
September 1992.
Baljit Kaur, also from Tarn Taran in Amritsar district, was married
to a head constable of the Punjab police. Her brother Balwinder
Singh, the elected head of the village council of Chabal Khurd,
had been vocal against the police abuses and therefore had become
an eyesore for the authorities. On 8th March 1993, Balwinder Singh
was picked up from his house by Balbir Singh, officer in-charge
of Chabal police station. The next day, a group of police officials
brought Balwinder Singh to his village and thrashed him there
publicly until he fell unconscious. Later, he was taken back to
the CIA interrogation center in Tarn Taran. Baljit Kaur's husband
learnt through his police contacts that his brother-in-law was
later killed there and his body secretly disposed of.
Fifty-five years old Dilip Singh, hailing from Amritsar city owned
a dairy farm and was an active member of the right wing Hindu
Bharatiya Janata Party. His twenty-six years old son Jaswinder
Singh was a college student and also worked in a pharmaceutical
shop. Earlier, he had been arrested under Terrorist and Disruptive
Activities (Prevention) Act. Released on bail for lack of evidence,
Jaswinder's trial was still pending. On 19 August 1992, Jaswinder
Singh attended the special court at Faridkot and pleaded for an
expeditious disposal of the case so that he could concentrate
on his studies. The court fixed the case for final disposal the
next day. The same evening, Jaswinder was abducted by armed commandos
of the Punjab police when he was boarding a return bus to Amritsar.
Approached by Dilip Singh for help, then Minister for Public Works
in the Punjab government, Joginder Singh Mann talked to SSP Jasminder
Singh of Faridkot on telephone and confirmed that Jaswinder was
indeed in his custody. Joginder Singh Mann gave Dilip Singh a
letter introducing him to the SSP. The letter mentioned their
telephonic talks about Jaswinder and requested him to meet Dilip
Singh and to release his son. Dilip Singh met the SSP, who promised
to let the boy go in some days. Later, he denied the custody.
In early 1993, Vidya Sagar Sharma, SP of Faridkot, told Dilip
Singh that Jaswinder Singh was alive and was being held in a CRPF
camp. There has been no further information about Jaswinder's
whereabouts.
A retired Naib Subedar Charan Singh of Village Goslan in District
Ludhiana was taken away by the Jagraon Police on May 17,1994 for
leading the police party to one of his neighbour Amarjit Singh.
After that there was no information about him. Later on the police
reported in the press that both Charan Singh and Amarjit Singh
of village Goslan were killed in an encounter on May 20, 1994.
On November 21, 1991 Gurmukh Singh of village Manupur in District
Ludhiana was taken away by SHO Joginder Singh of P.S.Khanna from
his house. He was also not found later. His family members read
about his death in a police encounter in a newspaper on 2nd December,
1991. Harvinder Singh, a member of Sikh Students Federation was
picked up by a police party led by DSP Madanjit Singh from Patiala
Bus Stand on March 29, 1993 and thereafter his whereabouts are
not known. Another member of Sikh Students Federation, Darshan
Singh of village Goslan in Ludhiana district was arrested by SHO
Jaswinder Singh Mangat of P.S. Morinda from Gurdwara Gur Sagar,
near Chandigarh on October 24, 1993. He was also seen by his family
members in Police Station Morinda on November 17,1993, but the
police flatly denied having taken him into custody. Later on he
was shown to have been killed in an encounter. Amrik Singh of
village Amargarh in Sangrur district was abducted by Punjab police
from a bus when he was returning to his village in the evening
of October 1, 1992 and since then there is no information about
him. Randhir Singh alias Dheera of village Gunnopur in district
Gurdaspur was arrested from a Gurdwara in Chandigarh by a Punjab
police party of P.S.Kahnuwan on 18th February, 1993 and was shown
to have been killed in a police encounter on 13th March, 1993
along with another militant. He was declared as the area commander
of Khalistan Liberation Force.
Jagjit Singh, son of Harjit Singh of Karimpura Bazar, Ludhiana
was picked up along with his friend Pritam Sharma from Shimla
Bus Stand on September 4, 1992 and was taken to Faridkot where
they were seen alive till November 1992. But after that there
was no information about them.
Sohan Singh Buttar of Dan Singh Wala village in Bhatinda district
was picked up from his house on 29th January 1993 by a group of
officers led by Assistant Sub Inspector (ASI) Surjit Singh of
Jaito police station in Faridkot district. Many villagers and
the family members witnessed the abduction. No one saw Sohan after
that. His father Phoola Singh believes that he was killed in a
fake encounter staged on 29th February 1993, along with Ranjit
Singh Behla. He believes this on the basis of information that
a constable at Jaito gave him informally.
Amarjit Singh, an electrician with the Punjab State Electricity
Board, was a resident of Jalal Usman village in Baba Bakala subdivision
of Amritsar district. He was arrested from his office in Majitha
on 14th September 1991, by SHO Pritpal Singh of Fatehgarh Churian
police station. His colleague Santokh Singh first informed the
family about the abduction. The next day, one Shori Lal, son of
Munshi Ram from Pabanrali village visited the family to tell them
that he had seen Amarjit in the lock up of Fatehgarh Churian the
previous night. Amarjit's father Arjan Singh went there and met
his son. When he went to the police station again on 16 September
91, he was told that Amarjit had been transferred to the custody
of DSP Dera Baba Nanak, Baldev Singh Sekhon. When Arjan Singh
went to DSP Baldev Singh Sekhon, he denied the custody. Although
no one from the family has seen Amarjit again, they hope of seeing
him alive.
Manmohan Singh (32) was an Ayurvedic doctor who lived at Thermal
Colony, Bhatinda. He had his clinic in the town. As a baptized
Sikh, he used to take active part in the religious activities,
but had no political connections. However, his fervent religiosity
brought him under suspicion . On 10th May 1992, around 1:30 p.m,
a team of police officers led by SHO Kahan Singh of Paras Ram
Nagar police post raided the clinic and took Manhoman into custody.
Inspector Sukhdev Singh Chahal and several other police officials
were along with the SHO who told Ranjit Singh that his son would
be released after interrogation. On his scooter, Ranjit Singh
father of Manmohan Singh followed the police vehicle until it
reached the Kotwali police station. Later that evening, he led
a delegation to Inspector Sukhdev Singh Chahal who said that Manmohan
Singh had been detained on the SSP's orders. The delegation met
the SSP to ask if Manmohan was in his custody and what he proposed
to do with him. The SSP answered them evasively. A habeas corpus
petition before the High Court, filed by the relatives yielded
no result. On a later date, SSP Anil Kumar Sharma told Ranjit
Singh that he should carry out the last rites of his son. This
indicated that Manmohan had been killed and his body disposed
of in a clandestine manner.
Jatinder Pal Singh alias bunti (17) and Manjit Singh (22) , both
residents of Mohali were members of All India Sikh Students Federation,
a hardliner Sikh youth organisation of Punjab. On 16th January,
1988, both of them were picked up from the house of Manjit Singh
at about 7 a.m. by a dozen policemen in plainclothes in un-numbered
vehicles. After tying their hands at their back with their turbans,
they were bundled into the vehicles and taken to unknown place.
Since then their whereabouts are not known. Next day, three more
friends of the duo were picked up from Mohali, in similar manner.
Amongst them was one brother of a boy who was the member of All
India Sikh Students Federation. The policemen had warned the relatives
that if they wanted the release of those boys, they should produce
the member of A.I.S.S.F. before the Station House Officer of CIA
Staff, Patiala. The relatives of Jatinder Pal Singh, Manjit Singh
and other boys immediately sent telegrams to Chief Minister,Punjab,
DGP, Chief Justice of Punjab & Haryana High Court and Union
Home Minister. The relatives of these boys also met the SHO and
pleaded for the release of the boys, the SHO Surjit Singh Grewal
acknowledged their arrest and assured that they will be released
within few days. But he released only three boys and refused to
tell anything about Jatinder Pal Singh and Manjit Singh. The released
boys informed that both of them were lastly seen in the Interrogation
Center, Mai Ki Serai, Patiala where they were badly tortured.
After the Chief Secretary of Punjab referred them to the Director-General
of Police, Punjab Mr.J.F.Riberio and the latter refusing to tell
anything about the two, a Habeas Corpus Petition was filed in
the Punjab & Haryana High Court seeking the release of the
detainees in 1988. But the Petition was summarily dismissed after
the Senior Superintendent of Police filed the affidavit that the
boys were neither wanted nor in the custody of the Punjab Police.
Interestingly, the Punjab Police had already declared Jatinder
Pal Singh as a Proclaimed offender way back in 1987 in a case
of alleged attempt to murder registered at P.S.Mohali and was
in his search. Isn't it a mischievous game plan of the Senior
Police authorities of the Punjab police in filing false affidavit
in the High Court regarding non-requirement of the boy when he
had already been declared P.O. and wanted in a criminal case ?
This case was taken up by many National and International Human
Rights bodies such as Amnesty International, Human Rights Watch
and Punjab Human Rights Organisation. But inspite of great efforts
and pressure built by Amnesty International upon the Indian Government,
the whereabouts of Jatinder Pal Singh and Manjit Singh are not
known till today. Though the boys could not be saved, yet the
Punjab police was put in a fix with almost all the national and
international newspapers prominently carrying the story of illegal
detention and elimination of the two youth by the Punjab police.
The role of High Court in treating the Habeas Corpus petitions
very casually and dismissing the same without getting the detainees
released or even without holding a preliminary inquiry into the
disappearance, also came under attack. But the situation was so
alarming that every organ of the law proved non-existent and failed
to perform its duty to establish the rule of law.
Balwinder Singh, 22, a taxi driver living in Chandigarh was picked
up by a police party in plainclothes on 17th January,1988 and
taken to undisclosed place. Since then his whereabouts are not
known. He was also lastly seen by some other detainees in Interrogation
Center, Mai Ki Serai, Patiala, but the Senior Superintendent of
Police, Patiala denied having taken him into custody.
Dr.Joginder Singh (28), a prominent medical practitioner of Ludhiana
with no political or criminal background was an eyesore in the
eyes of Punjab Police because one of his friend was a listed militant
and had escaped from the police dragnet. He was picked up by a
police party from near his clinic on 2nd May, 1992 and taken to
Interrogation Center, Faridkot. There he was subjected to inhuman
third degree torture for many days and was lastly seen in the
Interrogation Center for more than six months. He was being asked
to prescribe medicines to the other detainees who suffered injuries
due to excessive torture. After that his whereabouts were not
known and he was declared missing by the Police.
There are hundreds of similarly abducted boys in Punjab who have
been done to death either by torturing them or shown killed in
fake Police encounter. But no court, civil administration or other
authority dared to call it a cold blooded massacre of Sikhs.
Twenty-four years old Ranjit Singh alias Kala, a clean shaven
Sikh from village Bhambri under Khamano police station of Fatehgarh
Sahib district was a daily wage labourer who supported his parents
and three young brothers from his meager wages. Unconnected with
any political or militant activity, he had no previous police
record. Early in the morning of 10 July 1991, armed policemen
led by ASI Balvir Singh, the Station House Officer of Bhadson
police station, raided his house. The family was still sleeping.
The policemen manhandled everyone, particularly Ranjit and his
younger brother Pritpal before taking both of them away to Bhadson
police station. At the police station, the brothers were segregated.
Pritpal Singh was questioned under torture, but was allowed to
return home the next morning. Ranjit did not return home, nor
was he seen or heard of again. On 13 July 91, the newspapers carried
a news which said that Ranjit was killed in cross firing between
unidentified militants and team of police officers who were taking
him to recover arms. His father Swaran Singh along with village
elders went to the Bhadson police station to ask for the dead
body. But the abusive officials shooed them away and the family
could not find out where, when, how and by whom Ranjit was cremated.
Fifty-five years old Santokh singh was a small farmer from Village
Behla under Tarn Taran city police station in Amritsar district.
His youngest son Sukhdev Singh Ladi had joined the ranks of militants
and had been killed in a supposed armed encounter with the police,
reported to have taken place some time in 1992 near their own
village. The police harassment of the family became very intense
after this incident. In February 1993, SHO Narinder Singh Malhi
of Police station Doburji in Amritsar picked up Santokh and his
son Kuldip, who was employed by the Punjab Electricity Board.
Few days after the abduction, the head of the village council
of Sanghna was able to persuade the SHO Malhi to release Kuldip.
But the SHO demanded a bribe of Rs. 50,000 for Santokh's release.
The family was not able to raise this money, and Santokh was taken
away to the CIA interrogation Center at Tarn Taran. Santokh was
seen alive for the last time at the CIA interrogation Center in
Tarn Tarn in March 1993 when Amrik Singh, son of Gurmej Singh
from Behla village went there, along with Malook Singh, a member
of the village council, to persuade SSP Ajit Singh Sandhu to release
him. The SSP said that Santokh's interrogation was still continuing.
They went back to the SSP few weeks later, when the SSP said that
he had already released Santokh. His whereabouts are not known
since then.
Forty years old Nirmal Singh, a small farmer from Hothian village
under Goindwal police station in Khadoor Sahib subdivision of
Amritsar district, was elected head of his village council. On
25 October 1992 afternoon, ASI Balbir Singh from the police post
of Fatehabad raided Nirmal Singh's village house and took him
into illegal custody. The same day, all the other members of the
village council along with the family members met the DSP of Goindwal
who admitted the custody and promised to release Nirmal Singh
after his interrogation. Nirmal Singh was held for interrogation
at police post of Fatehabad where the family members were allowed
to see him. He was being interrogated along with Rashpal Singh
from village Bhoian and Gurdeep Singh, son of Wasan singh, also
of village Hothian. Nirmal Singh was seen in this police post
for the last time on 14 November 1992. When the family members
came thereafter to meet him, the policemen refused to let them
in. They went on to meet DSP Bhupinder Singh of Goindwal and SSP
Ajit Singh Sandhu of Tarn Taran several times to beseech help.
But they neither helped nor gave any information. It is not clear
what happened to Nirmal Singh. The family assumes that he was
killed in custody and his body disposed of in a clandestine manner.
Thirty-five years old Baldev Singh was a farmer from Patti Bhan
ki in Kairon village under Patti subdivision of Amritsar district.
Baldev was himself unconnected with militant political activities.
But his brother Gurbaksh had reacted with great emotion to the
army operation against the Golden Temple and had presumably taken
to arms after becoming a fugitive in late 1984. He was subsequently
killed supposedly in an armed encounter with the police. For this
reason, the police began to raid the house and harass the family
members to find out Gurbaksh's whereabouts. Baldev had also been
illegally arrested and tortured in custody for information. On
24 November 1992, Baldev along with his wife Narinder Kaur, and
his cousin Amarjit Singh, went to his sister Kuldeep Kaur's house
in the Radha Swami colony in Fazilka. Early in the morning of
25th November, around 5 a.m., a police party led by Naurang Singh,
incharge of Kairon police post, raided Kuldeep Kaur's house after
scaling the walls. Both Baldev and Amarjit were immediately nabbed.
Naurang Singh tied their hands to their backs and forced them
into a vehicle before driving away. Naurang Singh demanded a payment
of Rs. 200,000 for the release of Amarjit and Baldev. The family
managed to raise Rs. 135,000, which was handed over to Naurang
Singh. Meanwhile, both Amarjit and Baldev had been brutally tortured
in the custody. The information was conveyed to the family by
local police constables that their condition was serious. After
paying the bribe of Rs. 135,000 to Naurang Singh on 30 November
1992, the family persuaded him to allow a private doctor to examine
them. Naurang Singh also assured them that both Baldev and Amarjit
would be released the following day. Early next morning, the family
received the message from an acquaintance that the police had
taken their dead bodies for post mortem to the Patti Civil hospital.
All the women relatives, including Narinder Kaur, immediately
rushed to the hospital, which had been cordoned off by a large
number of policemen under Naurang Singh. When they tried to enter
the hospital, the policemen beat them up on orders from Naurang
Singh. They were forced to go back. Two Punjabi newspapers, Ajit
and Punjab Kesri dated 2 December 92, reported that the police
had killed two militants in an armed encounter. One of them was
identified as Amarjit Singh belonging to the Panjwar group of
the Khalistan Commando Force and the other militant killed was
called unidentified. The next day, the family members went to
the Patti cremation ground where they found the half burnt bodies
of Baldev Singh and Amarjit Singh on separate pyres. They purchased
more wood and arranged for their proper cremation.
Twenty-five years old Dalbir Singh was a small farmer who along
with his father Sardool Singh, mother Gopal Kaur, his wife Satwant
Kaur and their two young daughters Varinder Kaur and Satinder
Kaur, now fifteen and twelve, lived in village Varpal under Jandiala
police station in Tarn Taran subdivision of Amritsar district.
On 4 June 1984, Dalbir's elder brother Lakhvir Singh had been
arrested from the house on suspicion of his links with Jarnail
Singh Bhindranwale. Lakhvir never returned and his whereabouts
remain unknown. Over the next years, the police continued to raid
the house, damaging the property and holding Dalbir and other
members of the family for interrogation under torture. Very early
in the morning of 4 July 1986, Jandiala police raided Dalbir's
house once again and abducted him in front of all the relatives.
The same evening, he was shown to have been killed in an armed
encounter. The next day's newspapers carried the news. Nineteen
months after Dalbir's abduction and his reported killing in an
encounter, on 5 February 1988, the police again raided the house
to pick up Dalbir's father Sardool Singh. He also disappeared.
Nothing is known of his whereabouts.
Dalbir Singh was a farmer living in village Khela under Goindwal
police station in Tarn Taran subdivision of Amritsar district.
He was a baptized Sikh and an old member of the Sikh Students
Federation and was a politically active person. He had become
locally popular as the Secretary of the Fatehabad Cooperative
Society. After the Operation Blue Star, Dalbir was very vocal
in protesting against the "army invasion". In 1985,
Sub-Inspector Anokh Singh of Fatehabad police post abducted Dalbir
from his house and after his illegal interrogation under torture
sent him to jail on a trumped up charge of indulging in arson.
When he applied for bail, the government arrested him under the
National Security Act. But the NSA was withdrawn three months
later, and Dalbir came out of jail on bail. After his release,
Dalbir decided to shift to Jalandhar where he opened a dairy farm.
The business was successful, so he remained occupied. The police
also did not come to arrest him again for the next three years.
In 1988, SSP Gobind Ram of Batala police district led a force
to raid Dalbir's house in Baldev Singh Colony in Jalandhar. On
that day, one friend of Dalbir named Kanwaljit Singh, alias Waheguru,
from Gurdsaspur was visiting him. The police under Gobind Ram's
instructions started torturing Dalbir Singh, his wife Lakhwinder
and their friend Kanwaljit right there in the house to demand
the weapons they had supposedly hidden. But the thorough search
yielded nothing. Gobind Ram took all the three into custody. The
four young children, who were continuously screaming while their
parents were being tortured in their presence, were left alone
to fend for themselves. The three were taken to Beeco joint interrogation
center in Batala and tortured. Lakhwinder was released after three
days. Kanwaljit was killed in custody. However, a newspaper report
said that he died in an armed encounter. Dalbir was arrested under
TADA and sent to Amritsar jail. Again, he managed to come out
on bail and returned to his dairy farm business in Batala. In
1989, Dalbir singh's father Jassa Singh died. Following this,
Dalbir closed down the business in Jalandhar and returned to his
village to look after his agricultural farm. The police never
harassed him until the beginning of 1992 when Dalbir had an altercation
with the owner of a pesticide shop in Fatehabad, who happened
to be a relative of ASI Tarlochan Singh Walia. After this incident,
the police from Fatehabad, Goindwal and Tarn Taran began to raid
Dalbir's house again. Fearing torture and murder in custody, Dalbir
began to stay away from the house. But the police kept up the
pressure by repeatedly arresting and torturing his relatives.
His younger brother Balkar was repeatedly tortured very severely,
and asked to produce his brother before the police. During one
of the frequent raids, the police also damaged the house, breaking
all the window panes, other household things and demolishing the
kitchen. The family estimates the value of the destroyed property
to be more than Rs. 30,000. In June 1992, ASI Dalbir Singh, in-charge
of Fatehabad police post, abducted Balkar Singh again and brutally
tortured him to find out Dalbir's whereabouts. Unable to suffer
the torture, Balkar Singh revealed that his brother was staying
with his in-laws in Fatehpur Badeshan. Early next morning, a police
force under ASI Dalbir Singh, accompanied by Balkar Singh, raided
the house of Dalbir's in-laws. It was 4:30 in the morning and
every one was sleeping. The police scaled the walls of the house
to go inside. Dalbir was taken into custody in front of his wife,
his father-in-law Gurbakhsh Singh, mother-in-law Swaran Kaur,
his brother-in-law Nirmal Singh and his wife Paramjit Kaur. Dalbir
and his brother Balkar Singh were taken back to Fatehabad police
post where Surinderpal Singh, SHO of Goindwal police station,
supervised Dalbir's torture. Balkar was locked up in a separate
room. After some time, Balkar was taken out of the lock up into
the courtyard of the police post. Dalbir, who had been chained
to a tree and also handcuffed, was profusely bleeding. ASI Dalbir
Singh asked Balkar Singh to say his final good-bye to his elder
brother, and taunted him to find out where his brother wanted
the memorial of his martyrdom built. Dalbir remained defiant and
told the ASI, who was continuously hitting him with a rod, to
do whatever he wanted. Later that evening, ASI Dalbir Singh released
Balkar after instructing him to come back with Rs. 60,000 within
some hours if he cared to see his brother alive. Balkar Singh
himself was in a critical condition from his torture. He went
back to the village and fell down on a cot outside a neighbor's
house. He was unable to speak from exhaustion, physical pain and
mental anguish. Some hours later, SHO Surinderpal Singh and ASI
Dalbir Singh again raided the house and informed the family members
that Dalbir had escaped from their custody. A report published
in Ajit and Jagbani on 5 October 1992 said that a militant named
Dalbir Singh had been killed in an armed encounter with the police
near village Behla on 3 October.
Baldev Singh, 25 years old was Majhabi Sikh.He was a casual labourer.
On 6 July 1990, Baldev Singh along with his wife and his father
went to village Bhikhiwind to call on his in-laws. That day Bhikhiwind
police along with CRPF units raided the village and rounded up
all unidentified young men at the village Gurudwara for screening.
Baldev was one of them. The entire village, including the headman
of the village council, witnessed the operation. The police force
was being led by Paramdeep Singh Teja, DSP. Baldev was detained
at police station Bhikhiwind. Since then Baldev Singh's whereabouts
are not known. The family believes that he got killed and his
body cremated or disposed of in some other way illegally.
Eighteen years old Kuldip Singh of village Fatehabad in Amritsar
district had only finished his primary school. He came from a
poor family which sustained by running a small eatables stall.
It was a family of devout baptized Sikhs. On the morning of 8th
April 1991, a group of policemen raided his house and took him
and his younger brother Hardip Singh into custody. Later that
evening, Hardip was released. He had been severely tortured; also
instructed to keep silent about his experiences. For the next
ten days, the family did not hear anything about Kuldip except
some rumors that he had already been killed. SHO Tarlochan Singh
Walia of Goindwal police station denied the custody, but later
demanded a bribe of Rs. 15,000 to release him. After receiving
the money, SHO Walia asked the family members to reach SSP Ajit
Singh Sandhu's house where they were told that Kuldip would reach
home the same evening. Kuldip did not return home. The family
now believes that he has been killed and his dead body secretly
disposed of.
Twenty-one years old Sukhwant Singh alias Sukha was a trained
electrician, but later became an apprentice driver under his father
who owned a truck. He was a baptized Sikh. On 28th April 1992
morning, when Sukhwant and his father Kashmira Singh were returning
to their village after reporting at the Truck Union's office at
Goindwal, they were stopped at a police check post that had been
set up at the railway crossing outside Goindwal. The policemen
at the check post, led by SHO Goindwal Surinderpal Singh, became
suspicious of Sukhwant after seeing his yellow turban and his
ritual 'kirpan' that he was wearing on the outside. The police
ordered Sukhwant to get into their Maruti jeep and ordered his
father to go away. Kashmira had no option. He saw the police jeep
going towards Fatehabad. Back in the village, Kashmira reported
the incident to the village elders who went to Goindwal police
station where they saw Surinderpal who, however, denied having
taken Sukhwant into custody. Kashmira became very agitated, but
SHO Surinderpal Singh abused him and forced him and other village
elders to go away. The next day, Kashmira and his wife Jasvir
Kaur went to the SSP's office at Tarn Taran who met them only
to announce that their son was a hardcore militant and that they
should not expect mercy. They went on pleading and touched SSP
Ajit Singh Sandhu's feet. The SSP got them physically thrown out
of his office. Later with help from a sympathetic policemen they
went to the CIA staff interrogation center and bribed an officer
there to see Sukhwant who was in a bad shape from physical torture.
Sukhwant told them that they should pay any amount of money demanded
by the officers. Otherwise, he would be killed. Kashmira met his
son for the last time on 4th May 1992. Thereafter, there has been
no news about his whereabouts. Policemen, told them that Sukhwant
had been killed. But Kashmira Singh still believes that his son
is alive and will come back home one day.
Ranjit Singh of Mangat Kaler village under Majitha police station
in Amritsar was a helper in the Punjab Roadways. He was unmarried.Early
morning of 12th September 1992, a team of police officers picked
him up from the outskirts of his village. The police officials
informed his father Sewa Singh that they were taking him to SSP
Ajit Singh Sandhu for interrogation. On 13th September, Sewa Singh
met the SSP who said that his son Ranjit would be released after
interrogation. However he has not been released till date. His
father does not believe a report in daily Ajit of 22nd September
1992, which said that Ranjit was killed in an "encounter".
He maintains that his son is still under illegal detention of
Punjab Police.
Kashmir Singh, a young farmer of village Sathiala in Beas Police
Station in Amritsar district, was the only bread winner of his
family. On 29th August 1992, a police team led by DSP Amar Singh
Chahal from Kapurthala and SHO CIA staff Kapurthala Joginder Singh
Ghora and Tirath Ram also of Kapurthala CIA staff raided the house
and took Kashmir away in front of his entire family. No one knows
what happened to Kashmir, whether he is alive or dead and, if
dead, how and where his body got cremated.
Kashmir Singh Bhullar lived at House No. 102, 9th Street in Jagdambe
Colony under Vijay Nagar police Station in Amritsar district.
Kashmir along with his brother Dayal Singh. They were baptized
Sikhs, very devout, but otherwise not involved in any kind of
politics. They had never been arrested earlier. On 3rd November,1990
morning, a group of uniformed policemen from B. R. Model School
Interrogation Center, Amritsar raided the house and took Kashmir
into custody. They had already arrested Sukhchain Singh of Nehru
colony in Amritsar. Dayal Singh requested SI Balbir Singh, in-charge
of the Interrogation Center and an acquaintance, to help. Finding
out that the police wanted to arrest him also, Dayal stayed away
from the house that night. In his absence, the police took away
his wife and her brother Balwinder Singh to the interrogation
center. Fearing that they might get tortured, Dayal surrendered
himself before the Police. On his surrender, his wife and brother-in-law
were released. Few hours later, Dayal was taken for interrogation
to a room in which Kashmir, Sukhchain and Resham Singh alias Pappu
of Jagdambe Colony in Amritsar were being interrogated. They were
all handcuffed and shackled. SI Balbir was himself conducting
the interrogation. He asked them about Dayal's involvement in
militant activities. All the three said that they did not know
anything. Apparently unsatisfied with the answer, the Sub-Inspector
started physically torturing Dayal to compel his confession. After
some time, he was shackled and left in that room along with others.
Dayal observed that Sukhchain's physical condition from torture
was bad. He also noticed that both Kashmir and Resham had also
been tortured, although less severely. All four were held in that
room for the next eighteen days in the course of which they used
to be separately taken out to another room and subjected to severe
torture. Dayal alone was spared from torture. On 22nd November
1990, Dayal and Resham were separated from the rest, blindfolded
and transferred to another location, which they later found out
to be the "B" Division police station in Amritsar. Four
other young men, whom they did not know, were already detained
in the cell. After four days, Dayal and the other four in the
cell were framed in a TADA case and produced before a magistrate,
who committed them to the high security prison in Amritsar. Meanwhile,
SI Balbir had been transferred from the BR Model School to the
"B" Division Police Station. Chaudhary Gurmeet Chand
had taken over the charge of the Interrogation Center. Dayal could
not find out what happened to his brother Kashmir and the other
prisoner Resham Singh who had also been to B Division police station.
Ninety days later, Dayal, his wife and his brother-in-law were
released on bail when the prosecution failed to submit a charge-sheet.
Dayal persuaded his father-in-law to talk to SI Balbir to find
out what happened to Kashmir. SI Balbir told him that he had been
formally arrested and held in prison, either at Hissar or Sirsa
jail. Along with his sister and other relatives, Dayal went to
Hissar jail. There was a prisoner named Kashmir Singh, but his
father's name did not match and the prison officials refused their
application for an interview. Dayal went back to SI Balbir who
suggested that they should try to find him in Sirsa jail. In that
jail there was nobody under the name of Kashmir Singh. They also
went to Nabha jail. Again, there was no prisoner under that name.
Their investigations had come to a dead end. SI Balbir Singh refused
to entertain further inquiries. Kashmir Singh's whereabouts remain
unknown. No one has seen him after 22nd November 1990. Dayal had
to sell off all the buffaloes of his dairy farm to sustain the
efforts to locate his brother and to pursue the legal cases that
had been framed against him and his family members.
Kulwant Singh, alias Kanta, was a constable with the Punjab Home
Guards, and was posted at Police Post Khuali in Tarn Taran subdivision
of Amritsar. He lived with his parents at Raja Taal, under police
station Sarai Amanat Khan of Tarn Taran subdivision in Amritsar
district. On 29th November 1992, soon after Kulwant left his house
to report on duty, ASI Balkar Singh Chheena and Inspector Dharam
Singh of Khuali police post came to his house to tell his mother
Balbir Kaur that her son had deserted his post along with his
rifle. They took her and her second son Harpal Singh into custody
as hostage to compel Kulwant to turn in. Balbir Kaur got in touch
with Kulwant and made him surrender to ASI Kashmir Singh, incharge
of police post Sarai Amanat Khan. Several village elders were
present when Kulwant singh surrendered to Kashmir Singh and the
latter took him into custody. Thereafter Kulwant disappeared.
The family members tried to find out about his fate by repeatedly
approaching the officials at Sarai Amanat Khan and Lopoke police
stations who said that Kulwant got transferred to Mal Mandi Interrogation
Center for questioning. Balbir Kaur, however, believes that her
son is alive and held incommunicado.
Kesar Singh, alias Bapu, was a resident of village Pandori Rehmana
under Jhabal police station of Tarn Taran subdivision of Amritsar
district. In June,1992 he was charged under TADA and sent to Amritsar
jail. One year later, in May 1993, while he was still in Amritsar
jail, the Jhabal police obtained a judicial warrant to interrogate
him in connection with some terrorist offence. Five days after
taking him, the police declared him 'escaped from the police custody'.
However, the family members received a letter from him disclosing
that he was still under illegal detention at Verowal police station.
Reports on his supposed escape was carried by many Punjabi newspapers
of 13th September 1993. Later his other relatives, Baba Charan
Singh and five other male members of his family were taken away
by Ajit Singh Sandhu, the then SSP of Taran Taran in 1993 and
since then their whereabouts were not known. His wife Surjit Kaur,
approached the High Court which ordered a judicial inquiry from
Sessions Judge, Amritsar. Sessions judge in his report ruled that
it had not been conclusively proved that Baba Charan Singh and
his five relatives, Baba Meja Singh, Baba Gurdev Singh, both brothers
of Kesar Singh, Gurmej Singh, Baba Charan Singh's brother-in-law,
Gurmej's son Balwinder Singh, Meja Singh's brother-in-law Lakha
Singh, were indeed picked up by the then SSP of Taran Taran or
his men. But the court considered the plea that six male members
of one family could not have evaporated and that the State was
duty bound to provide information about their whereabouts as right
to life is the basic human rights. It held that "it is a
matter of grave concern that six male members of one family are
reported missing and nothing has been done to trace them or furnish
any reliable information regarding them as to whether they are
alive or dead. The State cannot escape its responsibility."
The High Court ordered a CBI inquiry into the incident and the
CBI has filed a chargesheet against the erring cops in the court.
Boor Singh, a seventy years old farmer was a blind person. His
youngest son Arjan Singh, was suspected by the police of having
terrorist links. The family lived at village Sehnsra Kalan, under
Jhander police station in Ajnala subdivision of Amritsar district.
The police had been routinely raiding the farm house and harassing
the family members because of their suspicions about Arjan, so
they began to live elsewhere. On 5th March 1992, Arjan Singh was
arrested from the Anandpur Sahib Gurudwara in Ropar district by
a police party led by SHO Wassan Singh of Jhander Police Station.
The next day, Arjan was shown killed in a supposed armed encounter
that was allegedly orchestrated near village Sehnsra Khurd. The
body was not handed over to the family. The cremation itself was
traced to Amritsar cremation ground and the family collected the
ashes. This was not the end of the story. On the night of 27th
August, 1992 a large group of policemen raided the farmhouse when
Boor Singh was alone. The police opened heavy fire on the farm
house and later took the blind old man into custody. The next
day, members of the family along with village elders went to Police
Station Khatrai Kalan. However, no official there listened to
them. They went on to meet the IG Bhatti and begged him to get
their totally blind and innocent father released. In stead of
help, the police conducted one more raid to demolish the house
and also to confiscate all household belongings. Boor Singh could
not be located thereafter and there has been no news about him
till date.
Forty years old Gurpal Singh, alias Pala, and his wife Kamaljit
Kaur were employees of the Punjab State Electricity Board at Hamira,
Distt.Amritsar. Their family comprised Gurpal's old father and
mother, and their two young children. They lived in village Gagrewal
under police station Verowal in Khadur Sahib subdivision of Amritsar
district. On 9th April 1992, Gurpal along with his wife Kamaljit
Kaur were cycling down to Gagrewal Bus Stand from where they used
to catch a bus to Rayya to go to work. On that day, they wanted
to help Gurpal's brother-in-law in purchasing some household things
and were waiting for him outside a hardware shop when SHO Wassan
Singh of Beas police station drove up in a jeep and directed Gurpal
to come to him. As Gurpal Singh came close to the jeep, some policemen
jumped out and dragged him inside the vehicle, and sped away.
His wife Kamaljeet Kaur, who witnessed the abduction, immediately
informed his family and also the Electricity Board office at Rayya
on telephone. SHO Wassan Singh was approached, who acknowledged
the arrest and promised to release him after interrogation. On
10 April 1992, several members of the family again met SHO Wassan
Singh who said that Gurpal was yet to recover from the injuries
inflicted upon him during the torture. He promised that Gurpal
would return home as soon as he became better. On 15th April 1992,
the SHO said that Gurpal had been taken to Kapurthala for further
questioning. But DSP Mann told his wife, that they should not
waste any more time as he had been killed. He also suggested that
she would receive compensation that her husband had been kidnapped
and killed by terrorists. The family members of Gurpal approached
every authority to get an FIR registered regarding Gurpal's abduction.
But the police refused to register the same.
Bupinder Singh, alias Toti, was a post-graduate student of geography
at Punjabi University, Patiala. He was a baptized Sikh and was
deeply involved in the Sikh problem and sordid situation in Punjab.
He used to organize religious and quasi-political functions for
the students in the university, and was well known for his activities.
Bhupinder's father Joginder Singh, a teacher in a government school,
and other members of his family lived in village Alipur, under
Nabha Sadar police station of Patiala district. Inspector Surjit
Singh Grewal disliked Bhupinder's extracurricular activities,
and had picked him up a number of times for interrogation. Grewal
had also accused Bhupinder of distributing sweets in the university
campus after Rajiv Gandhi got assassinated in. But he could not
do much as the University authorities, including the Vice Chancellor
protected him being a brilliant student, and got him out of illegal
custody whenever Grewal took him in. Although Grewal was later
transferred to the Punjab Armed Police center at Bahadargarh in
Patiala, he had developed a personal enmity with Bhupinder Singh.
Once Grewal called some students of the Patiala University, including
Maninder Singh Kaku, a student of law and now a lawyer, to his
house. Grewal asked them to bring Bhupinder to his house, so that
he could advise him to avoid trouble with the police. On 20th
August 1992, Maninder Singh Kaku, Advocate took Bhupinder and
his elder brother Balwinder to DSP Grewal's house. Balwinder waited
outside, while Bhupinder and Kaku went in. After some time, Kaku
came out to say that the officer wanted a private talk with Bhupinder
and had promised to do him no harm. Kaku and Bhupinder went back,
but Bhupinder never returned. The next day, the police picked
up Bhupinder's father Master Joginder Singh and tortured him severely
at the CIA staff interrogation center in Patiala. He was illegally
detained there and tortured for eight days. DSP Grewal personally
warned him not to make any hue and cry about his son; otherwise,
he would also be eliminated.
Jaswant Singh alias Jassa, a resident of Village Kaleke in Amritsar
district was picked up by a police party from his residence on
November 8,1992 and shown killed in a fake encounter on November
16, 1992. In 1995 the Supreme Court ordered a CBI Inquiry and
the inquiry revealed that the police story of an encounter was
a cock and bull story and S.P. Balkar Singh, SI's Paramjit Singh,
Satwant Singh and Sukhdev Singh and ASI Narinder Singh had indeed
killed him in police custody. The trial of the case is awaiting
the sanction of the State government for the prosecution of the
guilty policemen.
Tarlochan Singh was a young farmer of village Sehke near Amargarh
in Malerkotla subdivision of Sangrur district. The police suspected
him of being involved in the militancy movement. On 10th February
1993, his father Jagjit Singh and other village elders went to
SSP Raj Kishan Singh Bedi of Khanna police and got Tarlochan surrendered,
to stop the harassment to his family in future. Tarlochan was
implicated in a TADA case and sent to Nabha jail. On 13th March
1993, DSP Sukhdev Singh Brar of Malerkotla police obtained his
police remand in connection with some other matter. The next day
itself, he was declared 'escaped from police custody'. Nothing
was heard about him after that.
Amandeep Singh was a young student at Guru Nanak College in Batala,distt
Gurdaspur. His father Balraj Singh was a teacher in the government
primary school and lived in Madre village under Batala subdivision
of Gurdaspur district. In December 1990, Balraj Singh was mugged
on his way to the school by a group of young Sikh boys, presumably
militants, who snatched his motorcycle (Registration Plate Number:
PIA 135). Some days later, the Border Security Force recovered
the stolen motorcycle, and deposited it at Dhariwal police station.
Amandeep was taken into illegal custody and his father was asked
to prove that he had purchased the motorcycle, and that it had
actually been robbed. Amandeep was released from the illegal custody
after eight days when Balraj Singh satisfied the authorities that
he was the genuine owner and that he had been mugged. On 18th
March 1991, Amandeep and Jasbir Singh, a fellow student from his
own village, left for their college in Batala by a Punjab roadways
bus No. PBN 1119. On the way, SHO Makhan Singh and ASP Gurmel
Singh stopped the bus and picked both of them. Many natives of
village Madre, including Master Shiv Singh and Kashmir Singh,
were travelling in the same bus and witnessed the arrests. Both
were taken back to their village Madre where the officers searched
Jasbir's house. Later they were taken away by the Police. On 20th
March 1991 a Hindi newspaper, reported two separate incidents
of police encounters in which five 'militants' had been shown
killed. The first incident had allegedly occurred at Sakoda village
in Gurdaspur district when some 'militants' reportedly attacked
a joint patrol of the BSF and the Punjab police, who fired back
in self defence and killed three militants identified as Jagbir
Singh, Hardev Singh and Satnam Singh. Jagbir had been arrested
along with Amandeep. The other two were also from the neighboring
villages. The second incident was reported to have taken place
in Pathankot district. The newspaper story said that some militants
attacked the police team to rescue Kamaljit Singh, who was being
taken to village Lamiri to recover weapons. Kamaljit and one unidentified
militant were killed when the police fired back in self-defence.
The newspaper reporting of the incidents was based on a press
briefing the SSP had held on 19 March. The same evening the SSP
had told Balraj Singh that Amandeep's interrogation was in progress.
Balraj Singh suspected that the unidentified militant reported
to have been killed in the second incident might be Amandeep.
But SSP Goyal had told him that the interrogation was continuing.
On 27th March,1991 a Punjabi paper identified the second person
killed in the 18th March encounter at Pathankot as Amandeep Singh
of Madre village. Once again, SSP Goyal had briefed the press
to clarify the identity. By then the police had already carried
out the cremation. Balraj Singh went to Pathankot and met the
father of Kamaljit Singh, the supposed militant Amandeep had reportedly
tried to rescue from the police custody. Kamaljit Singh's father,
a priest of the local Gurudwara, told him that he had attended
the cremations and had also collected the ashes of the second
person, reported unidentified, who had been killed along with
his son. The old man was unable to give a coherent description
of the body.
Amrik Singh, alias Mangu, a young man of Ghanauri Kalan village
under Sherpur police station of Dhuri subdivision in Sangrur district.
On 31st May 1992, SHO Darshan Singh of Dhuri police station led
a police team to arrest Amrik from his shop. At that time Amrik's
younger brother Darshan Singh was also present there. Nothing
was heard about Amrik after that.
Forty years old Major Singh was the head of his village council
Hathur under Jagraon subdivision of Ludhiana district. On 3rd
May 1993, SHO Rachhpal Singh of Nihal Singhwala police station
in Faridkot district led a team of officers to raid Major Singh's
house and took him into illegal custody along with his two brothers-in-law
Balbir Singh and Jagtar Singh, and his nephew Amarjit Singh. One
week after these arrests, SHO Ajaib Singh of Hathur police post
came with another team of police men to destroy the house and
to carry away all the valuable goods. After this incident, when
the family members and other village elders went to SHO Rachhpal
Singh of Nihal Singhwala police station, he allowed them to meet
Major Singh who was in the lock-up and under interrogation. The
family members continued to meet him there till 13th May 1993.
The SHO was demanding two hundred thousand rupees to release Major
Singh, one hundred and fifty thousand rupees each for the release
of Balbir and Jagtar. The family members had no choice but to
raise the amounts of bribe money, being demanded from them. They
also handed over the truck which was, however, used subsequently
to implicate Amarjit's brother-in-law Hardeep, his nephew Amarjit,
one Nachhatter Singh Fauji from Daudhar village and two others
in a supposed terrorist act. Major Singh was not released inspite
of paying the bribe and his whereabouts were not known thereafter.
On a petition being filed by the family members in the Supreme
Court, an inquiry was ordered to be conducted by Sessions Judge
Amar Dutt. The inquiry report supported the police claim that
Major Singh had been killed in an incident of armed combat between
militants and the police force.
Manmohan Singh (35), was employed at Guru Nanak Dev Rice Mills
in Jagraon. He was the breadearner of his family consisting of
three young children, his wife and 70 years old mother, who all
lived in Jagraon. Manmohan had no political or criminal involvement,
and had never been arrested before. On 3rd May 1993, he was taken
from his house by a police party led by SI Joginder Singh and
other policemen from Jagraon's CIA staff office. Two days after
his abduction, the police officials brought Manmohan back to the
house to search for his bank papers. They also forced him to withdraw
150,000 rupees from his account. Thereafter, the police claimed
that Manmohan escaped from their custody. The news about his escape
was carried by daily Ajit on 7th May 1993 on the basis of press
note issued by the Punjab police.
Daljit Singh, alias Jeeta, was a farmer of Jhawan village under
Tanda police station of Hoshiarpur district who also sang religious
hymns at Gurudwaras during festivals. Daljit had been detained
illegally a number of times for interrogation on the suspicion
of having links with militants. But he was never formally charged
of any offence though in early 1990 his brother-in-law Joginder
Singh, son of Mehar Singh from Kulara village in Hoshiarpur district
was killed in a fake incident of armed encounter. On 23rd October
1990, Daljit along with his wife Baljinder Kaur, went to Behram
village to see a relative. That night Daljit was taken into custody
from the house of Bhajan Singh in Behram village by Inspector
Joginder Singh Ghora of the CIA staff Hoshiarpur during a raid
in the house. Daljit has been missing since then with no news
of his whereabouts.
Forty years old Saroop Singh, of Nangal Khunga village under Tanda
police station in Dasuya subdivision of Hoshiarpur district, was
an ex-serviceman. He was engaged in farming business. He was also
a member of the Akali Dal and had taken part in the Sikh agitation
and had courted arrest on many occasions. He had also been arrested,
in early 1989, on the charge of sheltering a terrorist. But he
was released on bail in March 1989. On 30th April 1989, a police
party led by Inspector Sardul Singh of Dasuya police station came
to the village to arrest Saroop Singh, who was not at home. The
police officials humiliated his family members and other village
residents, telling them that they will all be killed unless Saroop
was handed over to the police. On 26th May, a delegation of village
elders accompanied Saroop Singh to the Dasuya police station,
where he was taken into custody. Few days later, the police also
picked up his father Preetam Singh and also interrogated him at
Dasuya police station where he saw his son. Saroop had been badly
tortured and could not even stand up. Ajit Singh Sandhu was the
DSP of Dasuya. Preetam was released after the illegal detention,
after seven days. On 25th May, he met his son Saroop Singh again
at Hajipur police station where he had been shifted for further
interrogation. The next day, it was announced that Swaroop had
escaped from the police custody. Although his whereabouts remain
completely unknown, Inspector Sardul Singh told a local politician
that Saroop was being held in a secret place and would eventually
got released. The police had also arrested Vikram Singh son of
Jaswant Singh from village Khudda in Hoshiarpur Distt, along with
Swaroop. Vikram has also disappeared.
Harpinder Singh (20), was a student and lived with his family
in village Phool of district Bathinda. The police used to harass
Harpinder Singh and his family for his association with All India
Sikh Students Federation. Harpinder left his home and became a
fugitive in September 1991.On 21st January 1992, Amandeep Kaur,
sister of Harpinder Singh was shot dead outside their house by
two unidentified gunmen believed to be the agents of SSP Bhatinda.
It is said that the motive was to silence her from speaking about
her custodial experiences. Harpinder himself was killed in a supposed
armed encounter, as reported in the newspapers dated 26th and
27th June, 1992. His Father Jaswant Singh claims that the so called
encounter was fake. Harpinder was shown killed along with Darshan
Singh Kotli and Jasbir Singh Latala. All were cremated by the
police at Bhatinda cremation ground as unclaimed and unidentified
dead bodies. According to father Jaswant Singh, the police had
also picked up Gurjant Singh Joga from Gurudwara Gurusar on 15th
September, 1991 and killed him in another fake encounter the next
day. According to him, Surinder Pal Singh of Sarhali police station
abducted Baba Hardayal Singh and his daughter Baljit Kaur and
later killed them.
Gurdeep Singh(19), a resident of village Kurali of Ropar district,
was a student at the local ITI. On 5th February 1993, Gurdeep's
mother Manjit Kaur was taken into illegal custody by Ropar CIA
and badly tortured for their links with militants. SHO Avtar Singh
of Kharar police station personally tortured her for getting information
about Jagtar Singh Panjaula, supposedly a member of the Babbar
Khalsa, who was their relative. Manjit Kaur did not know his whereabouts
and could not give any information. She was released after one
week following pressure from the residents of the locality. On
March 6, 1993 morning, SHO Avtar Singh raided the house of Manjit
Kaur's parents in Kubaheri village in Ropar district and took
Gurdeep into custody. When village elders along with Manjit Kaur,
went to the Kharar police station later that day, they found Gurdeep
in the police lock up. He had already been tortured very badly
and was bleeding. SHO Avtar Singh told them that Gurdeep Singh
would be released after his interrogation in some days. On 11th
March, Manjit Kaur along with elders of the village. They were
asked to meet SSP Sanjeev Gupta. When they went to meet him, SSP
Gupta ordered his subordinates to take Manjit Kaur into custody.
At his command, Manjit Kaur was detained again for fifteen days
at CIA staff interrogation center in Ropar and later Kharar police
station and again tortured during interrogation. Her father Dharam
Singh and mother Gurdial Kaur were also arrested and held in Kharar
police station with the view to terrorize them. While Manjit Kaur
was being illegally detained at CIA Satff office in Ropar, she
claims to have seen the police administer cyanide to two separate
groups of six young Sikhs, after brutally torturing them. Manjit
Kaur's brother Bant Singh Aujla was also arrested and interrogated
at Chamkaur Sahib police station where he saw Gurdeep Singh on
7th April, 1993. SHO Avtar Singh released Manjit Kaur and her
parents fifteen days later after receiving a bribe from her family.
The tale of her woes was published in the English Tribune dated
27-9-1995 and in the Punjabi Ajit on 17-12-1995. Gurdeep Singh
was neither released from the custody nor he was seen or heard
of after this incident. Manjit Kaur's brother met him in Chamkaur
Sahib police station on 7th April, 1993. On 18th August, 1997,
Manjit Kaur filed a petition in the Punjab and Haryana High Court
which was disposed of with the observation that the petitioner
was free to file a criminal complaint in the local court of competent
jurisdiction.
Balwinder Singh(22), was a truck driver from Jalalabad village
under Verowal police station in Khadur Sahib subdivision of Amritsar
district. On 14th March 1992, Balwinder came to the house after
parking the truck at its owner's place in the city. He took a
bath and was relaxing when some police officials in uniform along
with four soldiers from the 4 Sikh Light Infantry raided the house
and took Balwinder into custody. The police officials refused
to identify themselves and said that they wanted Balwinder Singh
for questioning. On the evening of 16th March, the same police
officials took Balwinder and another boy Gurbachan Singh to Mand
area for some search operations. The same evening, Balwinder's
father Charan Singh was also taken into custody when he was returning
home after grazing his cattle. All the family members witnessed
the arrest and also saw Balwinder who had apparently been tortured.
Charan Singh was taken to Fatudhinga police station and held there
for a night. Balwinder was taken away to some unknown place. In
the police lock-up, Charan Singh found out from a constable that
Balwinder was being taken to Sultanpur in Kapurthala district
and that the officer responsible for his arrest and interrogation
was one DSP Chahal. That was the last time Balwinder was seen
alive. Charan Singh was let off the next day when he went to Sultanpur
and Kapurthala to trace his son. But the officials there denied
Balwinder's custody. On 17th March 1992, Punjabi newspapers reported
that one Balwinder Singh has been killed in an armed encounter
with the police. The dead body of Balwinder was not returned to
the family. Father Charan Singh reports that after this incident
the police abducted and killed at least five other persons from
his village. He mentions the names of Swaran Singh, Sodhi Lakha
Singh, Sakattar Singh, Gurmeet Singh and Dalbir Singh Maddu, all
from his village.
Harjit Singh(19), a first year student at the Punjabi university,
Patiala, used to live with his parents at Village Janherian, under
Sadar police station Patiala. He was a baptized Sikh, a budding
sportsman .He never had any trouble with the police before. On
7th April 1991, he went to the university to take private tuition
from a professor, but did not come back home. Around 10.30 that
night, SHO Harbhajan Singh from Sadar police station came to the
house with other policemen to ask about Harjit. His father Jarnail
Singh told him that he had gone to the university in the morning,
but had not come back home, that the family was worried because
of that. On hearing this, SHO Harbhajan Singh asked him to come
along to the Sadar police station. On 3rd May,1991, Jarnail Singh
read a statement issued by SSP Muhammad Mustafa of Ropar, which
said that two terrorists, Nishan Singh Saifdipur and Harjit Singh
Janherian, were killed in an encounter with the police near village
Manakpur Kaler under police station Sohana. After reading the
newspaper report, Jarnail Singh met the SSP of Ropar in his office
who told them that Harjit Singh had been killed in an encounter.
Concrete evidence of Harjit Singh having been killed in custody
emerged only one year later, when the family organized a religious
ceremony to mark the first anniversary of Harjit's death. One
Baldev Singh from village Baran in Patiala also came to attend
the ceremony. He told Jarnail Singh that Sub-Inspector Balwant
Singh Kauharia of Ropar CIA had raided his house on 1st May 1991.
During the raid, both Harjit Singh and Nishan Singh Saifdipur
were also in the police custody. Balwant Singh's mother, who was
present in the house during the raid, also saw Harjit Singh and
Nishan Singh. Balwant Singh was arrested and taken to the CIA
Interrogation Center in Ropar along with Harjit and Nishan. Later
that night, the three of them were segregated. Balwant Singh,
who had now come out on bail, was sent to prison after ten days
of illegal custody. Later on, Deputy Commissioner of Ropar ordered
an enquiry into the incident, entrusting the investigation to
one officer Dalip Singh of Ropar. When Jarnail Singh met him to
pursue the inquiry, this officer told him that he was under police
pressure and, for that reason, was opting out of the inquiry.
Dalip Singh asked him to pursue the matter with the Deputy Commissioner
of Ropar. Finding out few days later that the inquiry had been
transferred to the Sub-Divisional Magistrate of Kharar, Jarnail
went the SDM's office to find out. There a lady clerk showed him
the file and told him that the SDM would not be able to complete
the inquiry because of the police pressure that was coming from
very high levels.
Sewa Singh, 48, was a member of the Akali Dal from village Gharuan
Uchand under Kharar subdivision in Ropar district. He was a baptized
Sikh . After the Operation Blue Star, the police began to harass
him and his family, picking them up arbitrarily, holding them
in illegal detention for long periods and torturing them during
interrogation. The police also used to regularly abduct Sewa Singh's
twenty-two years old nephew Jagjit Singh, son of Hardial Singh,
and torture him during interrogation. On 6 May 1987, Jagjit was
arrested formally under TADA and sent to jail where he remained
for ten months, securing release on bail thereafter. But the police
continued to illegally detain and torture him. Fed up by the harassment,
Jagjit left his house and joined the ranks of militants. The police
began to harass the family much more after Jagjit became a fugitive.
In 1989, Sewa Singh was implicated in a case under the Arms Act
and sent to Patiala jail. He secured release on bail after three
months. Meanwhile, Jagjit had been killed in an armed encounter,
along with four others, that had supposedly taken place on 28th
October 1990 between a group of militants and the Ludhiana police
near village Ucha Pind. Even after his death, the police continued
to harass the family, regularly detained Sewa Singh illegally,
and questioning him under torture about his militant connections.
On 16 August 1992, Sewa Singh was again picked up by the DSP H.
P. Singh Kalewal of Kharar and tortured severely at CIA staff
office in Ropar for a month. When on 17th September 1992, he was
brought back home by his brothers, Nasib Singh and Hardial Singh,
his physical condition from custodial torture was very critical.
He was unable even to walk. Exactly two days later, early in the
morning of 18th September 1992, a strong police force led by DSP
Gurcharan Singh of Mohali again raided Sewa Singh's house. He
was physically lifted and thrown into a waiting vehicle and driven
away. The entire neighborhood and the family members, including
Hardial Singh, his wife Charan Kaur and Sewa Singh's wife Ajaib
Kaur witnessed the abduction. Nobody heard of him after that.
Arur Singh,55, of Manochahal Kalan village under Jhabal police
station in Tarn Taran subdivision of Amritsar district was an
employee of the SGPC and was also related to the militant leader
Gurbachan Singh Manochahal. On 12th December 92, he was called
to the police post as the police wanted to ask him some questions
regarding his tractor which some unidentified persons had taken
away on 31st June 1992. Arur Singh returned home on 15th December
and immediately went to the Manochahal police post along with
few other persons of the village. In the evening, he was seen
in the Police Post. He had visibly been tortured very badly. He
was not able even to eat. Early in the morning of 17th December,1992,
Jasbir Kaur went to the police post again. Arur Singh had been
taken out of the lock-up to for going to toilet. Jasbir Kaur saw
him walking back from the toilet to the lock-up. Both his hands
were hanging limp. They had been fractured. Arur Singh told her
to pursue his case vigorously. "Otherwise, I would be killed,"
he told her. Later he was shifted to unknown place and the relatives
were turned down by the police. On 28th December,1992, Jasbir
Kaur met SSP Ajit Singh Sandhu at his office through someone who
was close to him and paid Rs. 150,000, which he had demanded for
Arur Singh's release. SSP Sandhu told her to collect Arur Singh
from Jhabal police station the next day morning. When Jasbir Kaur,
accompanied by several relatives, went to Jhabal police station
on 29th morning, the SHO there told them that there was no one
with that name in their lock-up. He also told them that as an
armed encounter had taken place on the Canal road near village
Dode, they should go to the Civil Hospital in Tarn Tarn to find
out if Arur Singh is among the killed. By now someone had seen
the newspapers that reported an armed encounter in which three
identified and one unidentified militants had been killed near
Dode. Arur Singh's name was in the list of the identified terrorists.
Immediately, Jasbir Kaur and other relatives went to the Civil
Hospital in Tarn Taran where the Jhabal police brought four dead
bodies for post-mortem. Jasbir Kaur was not allowed to go near
them, but she was able to identify Arur Singh's body from a distance.
The family members did not dare to demand the body for cremation.
They were afraid. Jasbir Kaur went back to the village to persuade
the village elders to accompany her to claim the dead body for
the cremation. But they also refused to oblige. The police carried
out the cremations at Tarn Taran Cremation grounds. The other
two, who had been identified, were Ram Singh from village Sur
Singh and Resham Singh from village Kuharka.
Gurmej Kaur, 64, was the mother of Gurbachan Singh Manochahal,
a so-called "A" category terrorist and the head of the
Bhindranwale Tiger Force. She lived at the family village house
at village Manochahal Kalan of Amritsar district. She had four
sons. The first two had been killed by the police. Like other
members of the family, Gurmej Kaur was being constantly harassed
for the reason that she was Gurbachan's mother. She had already
been detained and tortured a number of times. To avoid further
torture, she had been shifting her residence and, at the time
of her abduction, was living at the house of Surjit Singh at Katra
Sher Singh in Amritsar. On 15th September 1992, DSP Gurmeet Singh
Randhawa from the Tarn Taran CIA staff raided the house of Surjit
Singh in Amritsar and took Gurmej Kaur to the CIA staff office
in Tarn Taran. Apparently, she was detained and tortured there,
and later on shifted to other police stations. Gurmej Kaur was
seen alive for the last time on 16th March 1993, at Verowal police
post by her sisters, in illegal custody. Later it was found that
Gurmej Kaur had been killed after the capture of Gurbachan Singh.
Her dead body was thrown into the river near Harike Pattan.Tarlochan
Singh Manochahal, his younger son met the SSP Ajit Singh Sandhu
few days later to find out what happened to his mother. Ajit Singh
Sandhu said: "We intend to liquidate the entire Manochahal
family. I do not know how you managed to escape! Anyhow, now you
should forget the past, and concentrate on the future." Tarlochan
Singh, in his Incident-Report, gives the following list of people
belonging to the family and other associates, who got abducted
and killed in illegal police custody :
1. Father Atma Singh
2. Brother Nirvail Singh Manochahal
3. Cousin Balwinder Singh Manochahal
4. Cousin Mahinder Singh Manochahal
5. Cousin Harjinder Singh Manochahal
6. Arur Singh Manochahal
7. Balwinder Singh from village Pandori Golan
8. Dial Singh from Chohla Sahib
9. Nirmal Singh, alias Nimma, from Pandori Golan
10. Tarlok Singh Bhullar from Karam Singh Wala
Sarpanch Major Singh, 37, was a farmer and a transporter in Burj
Kalara village under Hathur police Station in Jagraon subdivision
of Ludhiana district. In the evening of 3rd May 1993, Rachpal
Singh, SHO of Nihal Singh Wala police station, raided Major Singh's
house along with other policemen and took him, his two brothers-in-law,
Balbir Singh and Jagtar Singh, and his nephew Amarjit Singh into
custody. All of them were taken to Nihal Singh Wala police station.
Immediately, the family members went to the police station where
SHO Rachpal Singh demanded Rs. 1,50,000 to release Major Singh,
Rs. 2,00,000 to release his brothers-in-law, and his truck. The
family members gave him the money as also the truck that he demanded.
But SHO Rashpal Singh used the truck to show an encounter in which
Amarjit Singh, a relative of Major Singh and four other unidentified
persons were shown killed. Later on, newspapers reported Major
Singh's own death in a supposed encounter. But the body was not
handed over to the family, nor were they given any information
regarding the place of cremation. Major Singh's mother Mahinder
Kaur filed a petition before the Supreme Court who ordered an
inquiry by Chandigarh's Session's Judge.
On May 18, 1992, Amritsar police picked up Param Satinderjit Singh,
a student of Guru Nanak Dev University, from the university campus
in Amritsar. He was forced to identify suspected sympathisers
of the separatist cause within the university, who were also picked
up. The police brought Param Satinderjit Singh to the university
campus several times for this purpose. The university students
held a demonstration to protest against the abduction, and his
father went on a hunger strike. But Param Satinderjit Singh was
not released. There was no trace of him thereafter.
Twenty-five years old Gurnam Singh was a young Sikh man from village
Dabwala Kalan under Ghaniye Ke Bangar police station in Batala
subdivision of Gurdaspur district. He was a baptized Sikh and
active in Sikh religious and political activities. After the Operation
Blue Star in June 1984, when Gurnam was being regularly picked
up illegally by Batala police and tortured brutally in their custody
and harassed all his family members he got fed up with this constant
harassment, and left his house and became a militant. Gurnam's
becoming a militant invited unceasing troubles for the rest of
the family. Batala police began to pick up other members of the
family, including his father Shingara Singh, his mother Mahinder
Kaur, his brothers Avtar Singh and Rachhpal Singh, Rachhpal's
wife Harjit Kaur and several other relatives. They were kept regularly
in illegal custody and tortured for information on Gurnam's whereabouts.
His father Shingara Singh, and his brothers Avtar Singh and Hardial
Singh were implicated in cases under TADA on charges of harboring
terrorists. Later, they were acquitted after trial by special
courts. In November 1988, Inspector Santa Singh of CIA staff and
SHO Gurpal Singh of Batala Sadar Station picked up Gurnam's third
brother Rachhpal Singh and his wife Harjit Kaur. First, both of
them were brutally tortured in front of villagers. They were beaten
up with canes. Harjit Kaur was publicly humiliated and tortured
with a thick wooden roller pressed on her thighs by four policemen,
and by other methods. After their public torture in the village
itself, Rachhpal Singh and Harjit Kaur were taken to the Sadar
police station. There again, they were tortured brutally under
the supervision of Anil Kumar Sharma, SP (Head Quarters), but
were finally released after one week at the intervention from
the village council. Throughout this period, the family members,
including their women, suffered extreme brutality. On 13th December
1988, the family got to know that Batala police from village Umarpura
had arrested Gurnam. The family members found out that Gurnam
Singh was tortured at Beeco Interrogation Center and in the night
of 21st January 1989 he was shot dead near the bridge of village
Jagle, in a so-called armed encounter, along with Sukhdev Singh
from village Khode. Gurnam was described as an unidentified terrorist.
Punjabi newspaper, Ajit carried a report on the so-called encounter
in its issue dated 23 January 1989. The encounter was reported
to have taken place between a group of militants and Batala police
officers led by SP (Operations) Harbhajan Singh. The body was
not returned to the family and was cremated by the police at an
unknown place. Gurmej Singh, a former police constable who had
been lodged in jail after his arrest for helping the militants,
corroborated the information. He revealed that he had been lodged
at Beeco Interrogation Center along with Gurnam Singh from 11th
December 1988 till 21st January 1989. That night the police had
taken Gurnam Singh out of the lock up and killed him in a supposed
encounter. According to him, Gurnam Singh had been tortured brutally,
before his murder, by SSP Gobind Ram, SP (Head Quarters) Anil
Kumar Sharma and Inspector Santa Singh.
Many International human rights organizations like Amnesty International
also reported several cases of false encounters in Punjab during
1986-1989. One such case as reported in the Amnesty report in
1989 reads as under:-
"Rajinder Pal Singh Gill, an Assistant Professor in Horticulture
at Punjab Agriculture University, Ludhiana, was reportedly arrested
on January 25,1989 in Chandigarh by the Ludhiana Police. The police
refused to give any information about the arrest or whereabouts
until February 15, 1989 when the Ludhiana police announced that
he had been killed an encounter with the police, together with
two others on the night of January, 26, 1989 at Khehra Bet, Ludhiana.
He had reportedly been seen in custody at Sadar Police Station
on 25 and 26 January, 1989." The omnibus description of 'encounter
deaths' covered a hundred brutalities on the part of the police.
The State terrorism of this kind unleashed by Ribeiro and KPS
Gill resulted not only in the liquidation of 'identified' and
'unidentified' militants in fake encounters but was also responsible
for liquidating the families of the militants and their sympathizers.
Their houses were set on fire. Their womenfolk were taken into
custody and molested. Brutal torture at Batala of two young women,
Gurdev Kaur and Gurmeet Kaur by SSP, Gobind Ram with a view to
force them to produce their husbands missing for several years,
led to a lot of public outcry. The two women were rendered incap-acitated.
The house of a militant Balwinder Singh Jattana in Village Jattana,
near Chandigarh was torched by Punjab police in 1991 and four
members of his family included his 95 years old grand-mother and
three children were burnt alive, in retaliation of an unsuccessful
attempt allegedly made by his group to blow off the vehicle of
the then SSP of Chandigarh, Mr. Sumedh Saini.
Amrik Singh, an automobile mechanic of Village Patran in district
Patiala and his brother Bhagwant Singh was picked up by a police
party led by SHO Jaspal Singh and taken to police station. There
Amrik Singh was brutally tortured at the behest of one police
informer, Surjit Singh Sarpanch and his condition became very
serious. The next day, both were shifted to Shutrana Police Post
where Amrik Singh was again beaten, but he succumbed to his injuries.
The police alleged that he had committed suicide. The mutiliated
body of the deceased was handed over to the parents after getting
some blank papers signed from them. His mother filed a petition
in the Supreme Court in 1995 and a CBI inquiry was ordered which
indicted the police officers and they are still facing trial in
the court at Patiala.
Gamdoor Singh, a dalit youth was among many persons of district
Sangrur picked up by the Railway Police in November, 1995. On
November 23,1995 he was handed over to his relatives in a serious
condition. He was rushed to hospital and given medical treatment
but he succumbed to his injuries within hours. His post mortem
showed four broken ribs and 18 other serious bodily injuries.
The Punjab & Haryana High Court ordered the registration of
a case against a DSP and Police Inspector for the crime and they
are still undertrials in the case.
After Ribeiro was made Advisor to the Governor of Punjab, KPS
Gill, an Assam cadre IPS officer with shady antecedents, was made
the DGP of the State in 1988. This signalled the unleashing of
state repression on an unprecedented scale. Gill had already earned
notoriety in Assam for his cold-blooded policies. During this
time, Corruption in police force grew to giant proportions. Gill
asserted that a police officer's performance would be judged solely
on the basis of his success in neutralizing the militants. He
had a very strange logic that " the police were dealing with
people who did not believe in any laws and so unless the police
too was lawless it could not really fight against them."
He allured his men to kill anybody they liked and to hold press
conferences to make their "catches" public. Planting
of misinformation helped him to make indiscriminate arrests and
indulge in extra-judicial killings. The difference between suspicion
and sure knowledge having been blurred by the catch-all provisions
of TADA (Terrorist and Disruptive Activities Prevention Act),
the police often arrested and killed people to please their bosses
with the largest number of 'catches' or to settle old scores.
Amnesty International reports 1988-92 listed innumerable cases
of killings and deaths in custody. A report presented to the American
Congress on January 19, 1993 contained a specific description
of encounter killings:
"In Punjab there were credible reports that police in particular
continued to engage in fake encounter killings. In the typical
scenario, police take into custody suspected militants or militant
supporters without filing an arrest report. If the detainee dies
during interrogation or is executed, officials deny that he was
ever in custody and claim that he died during an armed encounter
with the police or the security forces. Afterwards the bodies
reportedly are sometimes moved to distant police districts for
disposal, making identification and investigation more difficult".
The stories go on and on. The thousand and one tales of tragedy.
It requires volumes for the entire tale of killings and tortures
to describe exhaustively. This may be a tip of an iceberg. Such
cases are no aberration-it was too patterned and widespread to
merit that conclusion. The macabre state in which the people of
Punjab were, is heart wrenching. The State-sponsored terrorism,
violence due to retributive emotions, the interrogations which
leave people mentally and physically crippled etc. all these add
up to a never ending spiral of revenge and violence and this has
taken a heavy toll on the psyche of the people. Government records
regarding hundreds of inquiries into false encounters are still
kept secret, manipulated or even destroyed. The media information
in this regard had been casual, censored, politically manipulated
and arithmetically distorted. There was substantial evidence that
the government and official agencies have made special efforts
to cover-up human rights violations and prevent the police and
security forces from being punished. The government seldom released
the names and lists of the victims of state violence. For more
than a decade, the Punjab police assumed the charge of the State
and killed thousands of Sikhs branding them as "terrorists".
Hundreds of thousands more were arbitrarily arrested and whisked
away to undisclosed place or just made to disappear and yet more
have been put to such tortures and tyrannies which put to shame
the horror stories and make a mockery of the fundamental rights
guaranteed in the Indian Constitution. Extra-judicial executions
of the suspected militants and sympathizers were carried out as
part of a deliberate shoot-to-kill strategy conceived by senior
police and civil administration officials. In their efforts to
find and kill the militants, Punjab police went berserk, conducted
massive search operations, frequently arresting persons who may
merely have lived in an area known to be frequented by militant
groups or who may have belonged to an organization supporting
the militants. The scenario became dismal. Armed with laws that
crush the right to live on vendetta or vicious suspicion or sadistic
pleasure, if a policeman shot or broke the bones of anyone, he
had only to use the alibi of a suspected terrorist. Various human
rights bodies in the State investigated many cases of human rights
violations in the State. A committee headed by Justice Ajit Singh
Bains (Retd.) inquired into the shooting of four young sikh students
in police firing in Nakodar on March 19, 1986 and held the police
responsible for the killings. The Committee also investigated
into the alleged encounter by B.S.F. on August 30,1986 in Dera
Baba Nanak Sector of Gurdaspur district. It was the biggest killing
of the so-called terrorists in any single action ever since Ribeiro
had taken charge of the combined forces of the B.S.F. and C.R.P.F.
deployed in Punjab . It was asserted that the 'encounter' took
place when ten persons were trying to enter India from Pakistan
crossing over the Ravi river in Dera Baba Nanak Sector. The committee
found the official version of the police as bare faced lie and
came to the conclusion that the ten Sikh youths were already in
the custody of the security forces when they were murdered by
the B.S.F. Justice Bains said that ninety nine percent of the
police encounter cases were bogus. "Having failed to catch
the real culprits, the police more often than not, involved persons
in encounters". He claims that he knows many cases in which
persons after they had written to the senior police officers about
extra-judicial execution of their relatives were themselves killed
in fake encounters. According to him, 73 persons in police custody
had been killed in the district of Amritsar alone within a period
of a little more than three months between May 12 and August 22,
1987. According to the newspaper reports, during 1989, a total
of 298 Sikhs were reported killed in 178 "armed encounters"
as against only 16 members of the police and security forces.
In 1990, 346 Sikhs were killed in police custody.
In its so-called counter insurgency policy, the Punjab police
adopted the strategy of militants that "kill or be killed'
and started targeting the women folk of the rural areas in order
to instill fear in the minds of the people. For example, Gurmej
Kaur,64, who was the mother of Gurbachan Singh Manochahal, a so-called
"A" category terrorist and head of the Bhindranwale
Tiger Force was living at the family village house at village
Manochahal Kalan of Amritsar district. She had four sons. The
police had killed the first two. Like other members of the family,
Gurmej Kaur was being constantly harassed for the reason that
she was Gurbachan's mother. She had already been detained and
tortured a number of times. To avoid further torture, she had
been shifting her residence and, at the time of her abduction,
was living at the house of Surjit Singh at Katra Sher Singh in
Amritsar. On 15th September 1992, DSP Gurmeet Singh Randhawa from
the Tarn Taran CIA staff raided the house of Surjit Singh in Amritsar
and took Gurmej Kaur to the CIA staff office in Tarn Taran. Apparently,
she was detained and tortured there, and later on shifted to other
police stations. Gurmej Kaur was seen alive for the last time
on 16th March 1993, at Verowal police post by her sisters, in
the illegal custody. Later it was found that Gurmej Kaur had been
killed after the capture of Gurbachan Singh. Her dead body was
thrown into the river near Harike Pattan.Tarlochan Singh Manochahal,
his younger son met the SSP Ajit Singh Sandhu few days later to
find out what happened to his mother. Ajit Singh Sandhu said:
"We intend to liquidate the entire Manochahal family.
Sixty years old Balbir Kaur from Thande village under the post
office of Jwala Flour Mill with the Sadar police station of Amritsar
district was the mother of Karaj Singh Thande, a known militant.
Her husband Makhan Singh was a factory worker and earned Rs. 2000.
Apart from thirty years old Karaj Singh, who was killed in a supposedly
fake encounter with the police, they had two more sons, thirty-five
years old Joginder Singh and thirty-two years old Balwinder Singh.
Twenty eight years old Bhajan Kaur was their youngest daughter.
In reaction to the army operation against the Golden Temple in
June 1984, Karaj Singh had taken to arms and had become a fugitive.
Since then the police used to regularly raid the house and harass
all the members of the family, particularly mother Balbir Kaur,
for information on his whereabouts. Several times, they had been
held illegally and tortured. The police also confiscated all the
valuable things in the house. They also took away agricultural
implements and tube-well motors. The loss of these confiscations
is estimated at Rs. 135,000.The police raids did not cease. On
24 February 1987, one ASI from Sadar police station of Amritsar,
known as Pappu Bajwa, raided the house along with a large team
of constables. The police searched the house and interrogated
the family members about Karaj Singh. They could not tell much.
ASI Bajwa then started abusing Balbir Kaur and when she protested,
he shot her dead in front of all the other members of the family.
The killing was later explained away as the result of an encounter.
Ranjit Kaur,40 was married to Amar Singh, an employee of Indian
Airlines. She was living in village Gharuan, Patti Daggo, under
Kharar police station of Ropar district. She had three grown up
children. Her husband lived in New Delhi. On 22nd June 1992, a
heavy contingent of Punjab police led by SSP Sanjeev Gupta of
Hoshiarpur surrounded her house and conducted a raid and in full
public view took Ranjit Kaur into custody. One of Ranjit's daughters
insisted on accompanying her to the police station. But the policemen
pushed her away from the jeep in which Ranjit Kaur was being taken
away. No one has heard of or seen her again. Recently, on the
orders of Punjab State Human Rights Commission an F.I.R. regarding
the disappearance of Ranjit Kaur has been got registered in P.S.
Kharar and investigations are being made into the case afresh.
Gurpreet Kaur of Village Shafipur near Taran Taran in Amritsar
district was the wife of a 'branded terrorist' Balwinder Singh.
They had married just 15 days before she was picked up by the
police and badly tortured during illegal detention for months
together. Finding an opportunity, she attempted to escape from
police custody, but was again caught and subjected to more severe
torture. Traumatized, she attempted to commit suicide in police
custody by consuming poison, but was saved and detained in C.I.A.Staff,
Taran Taran in 1993. While recovering in the lock-up, she was
one day taken away by Inspector Teg Bahadur of Bhikiwind Police
Station. From there people saw her being taken away by one DSP
and Inspector of C.I.A. Bhikiwind and returned after sometime
after liquidating her. Next day, newspapers reported that a hardcore
lady militant had jumped into the Sirhind Canal and escaped from
police custody. Nobody heard about her after that.
Surinder Kaur of Taran Taran was the Principal of a Model School.
Her husband was an ex-serviceman and working in some bank in Amritsar.
Both of them along with their child were arrested by the police
for harbouring militants in July, 1993. In the C.I.A.Staff, Taran
Taran, Surinder Kaur was molested, tortured and ultimately killed
by the male police officials. Other inmates of the CIA staff saw
the police beating her with Lathis, iron roller and stripping
in front of her husband and other relatives. Her husband and four
others were shown killed in an encounter that very night. Her
small child was made an orphan within a day. Today, he is living
in a pitiable condition with no source of livelihood. No official
version about the whereabouts of Surinder Kaur has come till date.
Harjit Kaur, wife of another militant Anar Singh Para was picked
up by Taran Taran Police and kept in illegal detention in CIA
staff, Taran Taran in 1993. Later on she was not seen by anybody,
nor there is any information about her whereabouts. Her only misfortune
was that she was the wife of a militant and this was sufficient
charge, those days, to be killed without any trial.
Manjit Kaur of village Sabhranwan in Taran Taran district and
his husband Joginder Singh Judge was arrested by the police on
the charge of supporting militants and subjected to inhuman torture
for many months before being released. They had to pay few lacs
of rupees for securing their liberty.
Sarabjit Kaur(13) and Salwinder Kaur(14) of village Bham, district
Batala (Gurdaspur) had gone to fetch clay to a nearby canal in
the village. They were kidnapped by SPO Roshan Lal and Const.
Parshottam Dev on 11th June, 1989 and 'disappeared' thereafter.
Both girls were reportedly raped and then killed by two police
officers. The bodies of the two were found from a drain near the
village on 16th June, 1989. The Police alleged they committed
suicide. The then Governor of Punjab had ordered the dismissal
and prosecution of two police officers but no formal F.I.R. was
lodged nor any trial was held due to 'lack of evidence'.
The police picked up from Amritsar, two women namely Gurmeet Kaur
and Gurdev Kaur, both working in Khalsa College. Their only offence
was that husband of Gurdev Kaur and brother in law of Gurmeet
Kaur were 'branded terrorists'. Both of them were taken to Interrogation
Centre in Batala and subjected to inhuman torture by SSP Gobind
Ram of Batala. While Gurdev Kaur was able to bear the torture,
Gurmeet Kaur succumbed to her injuries and was declared killed
by the militants.
Rajinder Kaur of Chamkaur Sahib in Ropar district was picked up
by a police party on November 13, 1993 and took her to the banks
of the Sirhind Canal. The police wanted information on the whereabouts
of her militant husband. She was mercilessly beaten and threatened
to be thrown into the canal if she did not tell where her husband
was. After getting the required information they tied her in a
gunny bag and put her into the water several times but then relented
and brought her to the police station. If Rajinder Kaur did not
drown it is not the fault of the police.
A Sikh couple, Bhai Kanwar Singh Dhami and his wife Kulbir Kaur
who claimed themselves to be ideologues of Khalistan were picked
up in May 1993 and were kept in illegal detention till March 29,
1994 along with their five year old son, Randhir Singh. During
their illegal detention in Taran Taran, Bhikhiwind(Amritsar) and
Ropar C.I.A. Staff, they saw numerous people being tortured and
killed in cold blood. After their release from jail, they made
spine-chilling revelations in the form of a book, " Tales
of State Repression". A relevant abstract is reproduced hereunder:
".....S.P(Detective) was reported as 'admitted in the hospital
for having received injuries in the so-called encounter' in which
a hardcore militant of Khalistan Liberation Force was shown killed
near Chamkaur Sahib in Ropar. He was sitting before us heavily
drunk. When we asked him that in newspapers you have been shown
admitted in the hospital, but you are well and present here, he
said that "today it's our rule. The doctors, judges and jailors
all go by our order. See, the newspapers, have shown it as an
encounter and I have even received the award money of Rs.20 lakh.
But you know, everybody knows how militants are killed in 'encounter',
still nobody could dare speak against us."
It was a period of extreme repression, with nobody even allowed
to utter the customary slogan, "Whaeguru Ji Ka Khalsa, Waheguru
Ji Ki Fateh." . A famous poet rightly described the state
of mind of the people in his words:
Manzar the kayamat ke kya pichhle zamanon mein,
Sar bikte hue dekhe phoolon ki dukanon mein.
(It was a period of horrific scenes, when heads were sold in the
market)
Nobody was allowed to perform the last rites of the persons killed
in the so-called encounters. Gurdwaras holding such ceremonies
were surrounded by security forces and whosoever participated
in the Bhog(last rites) was picked up and badly tortured. Many
old and young people who simply participated in those functions
were charged under TADA for supporting militants or even liquidated.
Many senior Akali leaders or human rights activists like Simranjit
Singh Mann, Justice Ajit Singh Bains and others were arrested
while proceeding to attend the Bhog of so-called militants, who
were respected by the people as martyr.
What happened in Punjab was the result of a policy of complete
cynicism, callousness and allowing the police to let loose a reign
of oppression as stated above. It would seem that in frustration
even an editor of The Tribune, who was known for its anti-human
rights stance those days, wrote in its editorial:
"They (police) act as if they owe no obligations to the people,
they are not answerable to anyone and they are above the law.
So, they use the innocent persons as shields to attack terrorists
and post facto describe the dead persons as militants killed in
encounter; they detain academics without warrants, handcuff former
judges; and horror of horrors, force brilliant students to appear
in technical college entrance examinations as proxies to the wards
of senior police officers. All in the name of fighting the nations
battle against militancy.... Punjab is swamped by uniformed forces-army,
450 companies of paramilitary forces, 60,000 policemen, 12,000
special officers, 20,000 home guards-contributing to the psyche
of societal insecurity, testifying to the awesome force of the
invisible militant to destroy you and the arrogant helplessness
of the visible police force to protect your life and limbs...
what sustains militancy today is not so much Pakistan-inspired
violence or the separatist cause as the total absence of governmental
interest in Punjab and the unchecked power of the police vis-a-vis
common people."
In another editorial, the same newspaper wrote:
"Policemen in Punjab have evolved their own version of the
American saying: "Give the dog a bad name and hang him."
Shoot anyone you like and then call him a terrorist. Such is their
arrogant disregard for law and citizen's rights that policemen
do not even feel the need to slap the terrorist label on persons
they kill. On Sunday a raiding party of policemen from Punjab
chased a Maruti car right upto Dhulkot in Amabala district and
killed two young men and a five year old child and true, to style,
after killing them the policemen danced gleefully, claiming that
they had killed a notorious terrorist "responsible for 500
killings and carrying a reward of Rs. 10 lakh on his head."
If promotion of terrorism needed any strong spurs, the Punjab
policemen's action in Ambala could be the ideal answer to the
separatists' prayers. But such savagery is no isolated incident.
On the other day, a few personnel of the CRPF allegedly raped
the wife of a gardener in Mohali and when the man retaliated in
shock and outrage, he was promptly branded a terrorist and a harbour
of criminals. Weeks earlier, at Behla village in Amritsar district,
the security forces used innocent villagers as shields to fight
hiding militants and, at the end of the encounter, the killed
villagers were promptly branded as terrorists. There is a perverse
police law in operation here; if you die of police bullets you
are a terrorist; if you are shot by others, you are a terrorist
victim to enable the police to shoot somebody else and claim a
reward for having solved your murder. Between the militants and
the police, the right to life of a citizen in Punjab seems to
have been suspended indefinitely."
The Pioneer in March 1992 in its editorial wrote:
"Disappearances are routine, bodies of those killed by the
police are rarely handed over to their families, postmortems are
faked, fraudulent, rewards are claimed.... The police have taken
to kidnapping the relatives of suspected militants and even wiping
out their families. Very few police vehicles bear number plates,
and heavily armed policemen often move about in plain clothes.
The dividing line between the policeman and the outlaw has been
all but obliterated as both go about indulging in mindless violence.....
Politicians have abdicated, the civic administration exists only
in name, and the judicial system is completely stalled. In the
courts, the processes are slow, the loss archaic and witnesses
and judges unwilling to participate. The result is that, despite
being armed with draconian laws like TADA, there has been a very
poor rate of convictions."
In a dispatch published in a National daily in July, 1991, it
was mentioned that innocent Sikh youth were humiliated and tortured
daily by the Punjab police. " How many bullets will you take
to die ?" the jeering police constable had asked two teenagers
while blindfolding them. "There is no escape for both of
you now." None other than Ajit Singh Sandhu led the police
party, according to this dispatch. These two teenagers Avtar and
Balwinder were tortured and beaten a number of times in CIA Staff,
Taran Taran. Avtar cannot forget the torture his mother was subjected
to at the police station on May 29,1991. "They had just finished
beating me after stripping me when they brought in my mother and
began beating her too." According to Avtar, the SSP then
ordered that his mother too should be stripped. " I looked
at the SSP in horror as other policemen leered. It was sickening
and I could have murdered him."
In its report on Punjab released by Amnesty International in 1993,
the International pressure was built by highlighting the police
atrocities. It wrote:
"Thousands of people have been arrested by police and security
forces in Punjab since 1983, when armed Sikh opposition groups
emerged demanding an independent Sikh State (Khalistan). People
have often been arrested on mere suspicion that they are linked
to armed Sikh groups or have information about them. Torture during
illegal custody is widespread. Parents, brothers or sisters of
suspects have also been arbitrarily detained and tortured in order
to extract information about their relatives' whereabouts or activities.
Those tortured include young people and the elderly. Women and
girls in Punjab have also been tortured. The problem became so
acute that in 1989 the Governor of Punjab instructed the police
not to bring any woman to a police station for questioning; they
were only to interrogate women in front of village elders or similar
representatives of the community."
The former Director-General of Punjab police, K.S.Dhillon wrote
in his paper, " A decade of Militancy and Violence":
"State terror, allegedly practiced by the Indian security
forces, has come in for a lot of adverse comment, not only by
foreign human rights groups, but even by Indian media, judiciary
and intelligentsia. State terror is actually far more sinister
and deadly in the toll it takes of the life and property of mostly
innocent citizens and in the damage it causes to social harmony
and equilibrium. It amounts to an abuse of legitimate state power
vested in it for national defence and public security. Terrorists
commit small acts of public terror while concealing their identity.
The State, on the other hand, commits acts of secret terror directed
against its own detractors or saboteurs."
The use of torture in Punjab has been officially confirmed. A
judicial investigation was conducted in February 1989 by Justice
S.S.Sodhi, in Amritsar jail. He found that many detainees had
been tortured by police when kept in illegal detention preceding
formal arrest. Even when medical reports have confirmed use of
torture there has often been no further action. Surinder Singh
was detained by the police on November 30, 1990 and subjected
to torture. He was released on 22 December, 1990 after a habeas
corpus petition was filed in the High Court by his father. After
his release Surinder Singh disclosed that he had been illegally
detained, no case had been registered against him and that his
arrest had not been entered in the daily diary register. He disclosed
to the court that he had been tortured and it ordered that he
be medically examined. The medical reports stated that Surinder
Singh was unable to walk and described 18 scars, abrasions and
bruises on his body. However, the High Court did not recommend
any further investigation into the allegations of torture.
KPS Gill sought to derive propaganda mileage by stage managing
public surrender of known militants. On March 29,1994 he invited
the journalists to witness what was supposed to be a public surrender
by the founder of the Akal Federation, Bhai Kanwar Singh Dhami.
But Dhami stood up and said, "I will prefer to be cut into
pieces than surrender to the terrorist police chief." He
told the press that he had been witness to the torture and extra-judicial
killing of atleast 15 persons who were his prison mates.
On many occasions Punjab police was castigated by the Supreme
Court for their outrageous behavior that bordered on gross criminality.
But KPS Gill remained incontrite. He rode rough shod over the
rule of law with the full support of Chief Minister Beant Singh
who publicly announced that each time his policemen were to be
committed for trial, they would be defended in courts at the government's
expense. He said that he would engage the best lawyers in the
country to defend the police. He held in equal contempt, country's
constitution. The Beant-Gill duo engineered the genocide of the
Sikhs on an unprecedented scale and unabashedly subverted all
the democratic institutions. Under the patronage of bosses from
Delhi, they enjoyed the prerogative to pick any Sikh from any
part of the country and shoot him much in the manner game birds
are shot. Due to their illegal policies, the Sikhs in the State
have had to bear with a tyrannical and hypocritical regime fiddled
with criminality, corruption and moral perversions. As far as
Punjab police were concerned, inter state borders, were non-existent.
Police on the payroll of the Punjab administration had the inalienable
right to travel 1,500 miles to West Bengal to liquidate suspected
militants. A glaring instance of the extra-territorial activities
of the Punjab police popularly known as Tiljala encounter, came
to light when a contingent of the Punjab police, without informing
the West Bengal government, barged into a flat in a Calcutta suburb
and gunned down in cold blood a young couple, Ranjit Singh alias
Lachmi Singh and his wife Rani alias Sakina Begum, suspected of
committing acts of violence in Punjab in the wee hours of May
17,1993. Their dead bodies were whisked away without the knowledge
of the West Bengal government and dumped at a place, the identity
of which was never disclosed. The Supreme Court of India ordered
a CBI probe which held it to be a cold blooded murder. The Supreme
Court while ordering the prosecution of one Superintendent of
Police and five of his accomplices of Punjab police lamented that
" If the facts are ultimately established, it would reveal
that human life has no value to the men in Uniform. But awfully,
the apex court never hauled up the Punjab administration under
whose directions the killings were undertaken. Recently, the said
S.P. and five policemen of Punjab police were held guilty of murder
and sentenced to life imprisonment by a Calcutta Sessions Court.
When the relatives of victims started approaching the High Court
and Supreme Court for justice through human rights activists and
lawyers and the policemen indicted for their extra-judicial killings,
the Punjab police started targeting human rights activists. Many
human rights activists and lawyers fighting police atrocities
had to encounter numerous hazards and hardships and faced the
wrath of the police as they were looked upon as subversive. First
came the turn of Ajit Singh Bains, retired judge of the Punjab
and Haryana High Court and Chairman of the Punjab Human Rights
Organization. His illegal arrest in April 1992 was not acknowledged
for two days. Bains was manhandled, abused and publicly exhibited
in handcuffs. Later, his arrest was formalised under TADA. The
accusation was that Bains had taken part in a secret meeting of
militant leaders, held at Anandpur on March 18, where they hatched
a conspiracy to carry out "terrorist actions". An inquiry
later ordered by the High Court of Punjab established that Ajit
Singh Bains' name did not figure in the original First Information
Report about the "illegal meeting". However, the idea
of arresting Bains was not to secure his conviction under the
law, but to paralyse PHRO, and to demoralise other human rights
groups with the example. Chief Minister Beant Singh told the State
Legislative Assembly on April 6 that his government would not
release Bains because his organisation was engaged "in defending
terrorists". He remained in jail for more than three months,
only to be released without trial. Punjab government kept up the
pressure on the PHRO by arresting Malwinder Singh Malli, General
Secretary of the organisation, in August 1992. Some of the other
prominent activists like Major-General Narinder Singh, Col. Partap
Singh, had to suffer periodic arrests and detention for monitoring
the cases of police highhandedness in the State. The police in
fake encounter killed Atamjit Singh Mavi the son of Dr.Gurbachan
Singh Mavi, a human rights activist on February 6, 1991. Avtar
Singh Mander, a young journalist of a Punjabi daily,"Ajit"
was abducted from his house in Jalandhar by a police party on
September 23, 1992 and probably done to death. His whereabouts
are still not known. Navkiran Singh, a leading lawyer and a known
human rights activist, having the credit of getting more than
a dozen police officers behind bars for their illegal actions
was shot at in district courts,Chandigarh when he tried to prevent
the police from re-arresting a sikh boy after his acquittal by
the Sessions Judge Chandigarh in a TADA case. Fortunately for
him, the policeman missed the shot and he had a narrow escape.
But he was detained and badly beaten by the police. The police
eliminated many other lawyers and human rights activists because
they defended their clients in the court of law against the Punjab
police. The police kidnapped Ranbir Singh Mansahia of Bhatinda
on September 12, 1991. Jagwinder Singh alias Happy, a practising
advocate of Kapurthala was also kidnapped by a party of Punjab
police on September 25, 1992 from his house. The Punjab police
then kidnapped Sukhwinder Singh Bhatti, another Advocate of Sangrur
on May 12, 1994. All of them simply vanished in the air without
any trace thereafter. Kulwant Singh Saini, a young advocate of
Ropar, his wife and two years old child were detained in the Ropar
Police Station on January 25, 1993 when he had gone to secure
the release of a lady client. All the three were later tortured
to death. According to eyewitnesses, Kulwant Singh was detained
in CIA Staff, Ropar and badly tortured there by Head Constable
Prithi Pal Singh and other police officials. He was tied upside
down with an old tree in the CIA staff, and brutally tortured.
He succumbed to injuries then and there. Later on his wife and
a two years old child were similarly done to death only to destroy
the evidence. Jaswant Singh Khalra, a well known human rights
activist and the General Secretary of human rights wing of Shiromani
Akali Dal when started investigating into the matter of "forced
disappearances" of Sikh youth and the disposing of their
dead bodies in a clandestine manner to the notice of the Supreme
Court, the wrath of Punjab police fell on him and he too was made
to "disappear". Would anybody ask the persons who appreciate
the police for eliminating people who had taken to gun, that all
the above lawyers and human rights activists were without any
arms or suspicion of being terrorists, then why were they killed?
Should those policemen who killed these peace loving and law abiding
people be given amnesty from punishment?
Khalra was investigating into the report on the cremation of 25,000
unidentified bodies all over Punjab. He had collected clear evidences
that in the districts of Amritsar and Gurdaspur alone, there were
as many as 3000 such cases of youngmen, who were cremated as 'unidentified
terrorists' without any information to their families. He was
in the process of unearthing more facts and figures and making
similar revelations regarding other districts as well. He had
also collected evidence that around 2000 policemen in Punjab had
been killed by the police itself for not co-operating in counter-terror
operations. He had found that the police had burnt more than 1400
bodies in the cremation grounds of Amritsar, Patti and Taran Taran
in only 1992 by stating that they were unclaimed or unidentified.
He also disclosed in a press release that during the period Ist
June, 1984 to the end of 1994 about 2000 bodies had been cremated
as unclaimed in the cremation ground near Durgiana Mandir in Amritsar
alone. He had for some time been receiving direct and indirect
threats from the police officials of Amritsar district, particularly
from Tarn Taran's Senior Superintendent of Police Ajit Singh Sandhu.
The later had warned that unless he stopped his involvement in
the matter, he would also become an unidentified body. But he
refused to take to flight, and stuck with his human rights work
in his native region. On the morning of September 6, 1995, the
armed commandos of Punjab police kidnapped Khalra from outside
his house in Amritsar. A bench of the Supreme Court under Justice
Kuldip Singh treated a telegram about the abduction, which it
received from Gurcharan Singh Tohra, as a petition for the writ
of habeas corpus and issued notice to the Punjab authorities.
The S. P. Sukhdev Singh Chhina of Amritsar city filed affidavits
to claim that Khalra was not wanted in connection with any case
and that the police had not arrested him. Other officials also
filed affidavits to maintain that the Punjab authorities were
making all efforts to trace Khalra, contending at the same time
that he might have become a victim of inter gang rivalries. SSP
Sandhu of Tarn Taran also filed a statement to deny that he had
ever threatened Khalra. Meanwhile, another bench of the Supreme
Court under Justice Kuldip Singh was proceedings with the matter
relating to Jaswant Singh Khalra's abduction. On 15 November 95,
Punjab's Advocate-General M. L. Sareen suggested that the court
should hand over the investigation of Khalra's abduction and disappearance
to the Central Bureau of Investigation. Accordingly, the court
directed the CBI to appoint an investigation team under a responsible
officer. On 30 July 1996, the CBI submitted its report on Khalra's
abduction and disappearance, holding nine officers of the Punjab
police under SSP Ajit Singh Sandhu responsible. At the CBI's request
the court directed their prosecution on charges of conspiracy
and "kidnapping with intent to secretly and wrongfully confine
a person". The court also directed the Chief Secretary of
Punjab to sanction their prosecution within three weeks of the
order. The Sanction Order dated 19 August 1996 elucidated the
CBI's findings that established the criminal conspiracy to abduct
Jaswant Singh Khalra. The Sanction Order pointed out that on 24
October 1995, eighteen days after his abduction, Khalra was found
illegally detained at Kang Police Station, along with another
person namely Kikkar Singh who was also detained there illegally.
The Sanction order mentioned that Kikkar Singh witnessed the injuries
on Khalra's body, the evidence of his custodial torture. It went
on to say that Kikkar Singh helped Khalra to eat before he was
taken away from the Kang police station, never to be seen again.
Kikkar Singh's illegal detention from 14 October to 11 November
1995, as elucidated in the Governor's Sanction Order, was independently
corroborated by an inquiry conducted by the Chief Judicial Magistrate
of Chandigarh, which the High Court of Punjab and Haryana relied
on to grant him monetary compensation. The evidence on record
in the Governor's Order of Sanction confirmed serious offences
under sections 302, 364, 346, 330, 331 and 120 of IPC. However,
the offenders were arrested only under section 365 of IPC which
is "kidnapping with intent to secretly and wrongfully confine
a person", a woefully insufficient charge in the face of
evidence which proved kidnapping with the intent to murder, illegal
confinement, custodial torture and custodial murder. Subsequently,
former Special Police Officer Kuldip Singh, who was attached to
the Kang police station, told the CBI that Khalra was tortured
and then shot dead in the night of 24 October 1995. His dead body
was quartered and thrown in river Sutlej near Hari Ke Pattan.
The court, which presumed Khalra to be still alive, when it ordered
the prosecution of the officials on 30 July, knew none of these
facts. On 7 August 1996, the court also directed the Punjab government
to pay ten lakh rupees as interim compensation to Mrs. Khalra.
The court's order said: "The fact remains that the abductors
are keeping Khalra away from his family since 6 September 1995.
Kidnapping of a person whose family is totally in dark about his
whereabouts - even about the fact whether he is alive or dead
- is the worst crime against humanity. In the facts and circumstances
of this, we direct the Punjab government through the Chief Secretary,
Punjab to pay a sum of Rs. 10 lacs as interim compensation to
Mrs. Paramjit Kaur, wife of Mr. Jaswant Singh Khalra. In case,
the police officers are convicted the State of Punjab can recover
the amount from the police officers..." The court had awarded
interim compensation for the crime of disappearance, which it
described as the worst crime against humanity. The court also
took note of the allegations regarding police abductions, disappearances
and illegal cremations, which Jaswant Singh Khalra had made in
a press release dated 16 January 1995. In the 15 November 95 order
instituting these inquiries, Justice Kuldip Singh observed: "In
case it is found that the facts stated in the Press Note are correct
- even partially - it would be a gory-tale of human rights violations.
It is horrifying to visualize those dead bodies of larger number
of persons - allegedly thousands - could be cremated by the police
unceremoniously with a label "unidentified". Our faith
in democracy and rule of law assures us that nothing of the type
can ever happen in this country but the allegations in the Press
Note - horrendous as they are - need thorough investigation. We,
therefore, direct the Director, Central Bureau of Investigation
to appoint a high powered team to investigate into the facts contained
in the press note dated January 16, 1995. We direct all the concerned
authorities of the State of Punjab including the DGP to render
all assistance to the CBI in the investigation... The CBI shall
complete the investigation regarding kidnapping of Khalra within
three months... So far as the second investigation is concerned
we do not fix any time limit but direct the CBI to file interim
reports... after every three months." On 22 July 96, the
CBI submitted an interim report that disclosed 984 illegal cremations
at Tarn Taran. The CBI also asked the court to order registration
of three separate criminal cases against the police officials
in respect of three deaths in suspicious circumstances. The court
ordered the CBI to register the cases. It also directed the investigative
agency to issue a general notice to the public at large to assist
in the inquiry. The court's order dated 22 July 96 said:
"Since large number of dead bodies have been allegedly disposed
of by the police it may be necessary to seek assistance from the
public at large. We direct the CBI in the course of enquiry to
issue a general direction to the public at large that if any person/authority/government
office has any information/material which may be of any assistance
to the CBI in the enquiry in this matter, the same shall be placed
before the CBI. We direct Mr. P. S. Sandhu, DIG (Border) to hand
over the entire relevant records to the CBI immediately."
The Government boasted of restoring peace in Punjab. But there
can be no getting away from the fact that only peace of the grave
has been imposed on the State. Tacitup said of the Roman conquests:
They make a desert and call it peace." Security forces in
Punjab committed mass incarceration and 'disappearances' and called
it normalcy. There is a deep undercurrent of resentment and anguish
against the kind of peace that has been ushered in. In this part
of the country, there are thousands of grief-stricken parents
whose young sons were dragged away by the police, never to be
heard of thereafter. Mothers, sisters and wives of youngmen either
whisked away or killed in cold blood, might have dried their eyes
but they have not yet reconciled to the meticulously executed
liquidation, under official patronage, of their dear ones.
Those who believe that this kind of peace can last are taking
a myopic view. In a longer perspective, the problem may aggravate
on a more colossal scale and may assume more disastrous form.
It would be a folly to believe that the Sikhs can be put down
by brute force.
Tumne Jisko Katl Karke Chheen Lee Thi Jaydad
Zalimon Us Shaksh Kke Bacchhe Sayaane Ho Gaye !
(Beware, the children of those persons have grown young,
whose property you had seized after killing them)