Justice Ajit Singh Bains was prevented from reaching Geneva to address the United Human Rights Organization. The Indian Govt seized his passport we reproduce the text of his address which was read out to the UNHRO on his behalf below.

HUMAN RIGHTS VIOLATIONS IN PUNJAB. INDIA.

Sikhs are under siege for the last more than 5 years now. From the day of the invasion by the Indian Army of Golden Temple and other 40 historic Gurdwaras in the first week of June 1984, the persecution of the Sikhs as a community in India continues. Blue Star was the name given to this invasion of the Sikh’s Holiest Shrine. The whole of Punjab was put under curfew and not even a cycle was allowed to move. Thousands of innocent persons including women and children were killed in cross fire and their dead bodies were not handed to their families for last rites. All the historic Sikhs shrines are still surrounded by the paramilitary forces and anybody entering in is rudely searched.

In Punjab today, border areas are permanently under dawn to curfew imposed by the paramilitary forces. People are not” permitted’ to move outside their home from sunset to sunrise. Apart’ from 50,000 men of Punjab police under arms, there are 300 companies of Central Reserved Police Force. Furthermore there are unspecified companies of Border Security Forces and. Armed Forces stationed in Punjab. The Punjab today is dotted with road check points, which are named by combat soldiers who do not hesitate to shoot if perchance persons fail to stop instantly. Any one moving in Punjab today cannot fail to notice the pervasive presence of soldier’s in combat uniform. It gives an impression as if Punjab under army occupation.

The Human Rights situation in Punjab is bad. The armed forces are legally given extensive power by the Central Government of India: The Terrorist and Disruptive activities Act coupled with Armed Forces Special Power Act takes away the traditional safeguard available to any accused. Under Armed Forces Special power Act, any Non Commissioned officer of the Armed Forces can shoot and kill people without provocation and he cannot be hauled in any court of law for his action.

Under TADA Act the accused is considered guilty till -he proves himself innocent. His confession before a police officer has been made admissible. Special courts have been set up for the accused. The witness names can be withheld from him. The right of bail to the accused has been taken away. The State’s High Court jurisdiction to try these cases, or hear appeal or revision against the order of special courts has been taken away. Any proceeding from the Special Court now lies to the Nation’s Supreme Court. Then there is national Security Act which permits even more or no other ground but on apprehension that his detention is necessary in the interest of law and order or public order.

The legal limits to power of the police, and paramilitary forces are large enough but in practice, in the field, they have been given absolute power. The paramilitary forces are at liberty to detain any person and not produce him before the Magistrate. The Punjab Human Rights organization received every day at least two telegram reporting cases where the armed police have arrested the person and then they have disappeared. The Punjab Government has publicly accepted that they do undertake undercover operations. What is more distressing from the Human rights angle is that the civilian control of the police at the district level has been snapped. The Deputy Commissioner who used to be directly responsible for all activity in the district now no longer controls the police of the district. The Superintendent of Police has become independent of any civilian control and reports directly to his own department or head. So, in a way, administration of police has become independent of any civilian control and reports directly to his own department of head. So in a way Administration of police has been centralized under the Governor. And, he is, under compelling pressure to show quick results by showing figures of more and more persons killed which are branded as terrorists without any data or investigation.

The laws relation to preventive detention, armed forces and the police exceed in their seep all the laws promulgated during 200 years of British rule in India. About Rowlet Act, which was passed by the British Government in 1919 AD., the late Sh. Moti Lal Nehru said, “The act supersedes ordinary mode of trail by a special procedure to provide for a speedy trial.

This speed is achieved by doing away with the commitment proceedings and the right to appeal which in one word means speed at the expense of justice.”

Well known and time honored principals of Criminal Justice have been given in favor of Special Courts, which dispense justice with speed. All this have been done in the name of combating terrorism and persevering democracy. It is difficult to believe that by such State sponsored suppression, democracy can be preserved.

It is estimated by the Punjab Human Rights Organization that 15,000 young men are detained in prisons for more than 3 years and are unlikely to get any speedy trial. Inspite of laws, which are enacted in the name of Speedy Trial, it is estimated that five young men are killed every day in encounters. But on the field, it is well known, that encounters are the name given to a special procedure in which a persons is arrested without showing. his arrest on the legal documents and is shot dead to teach him a lesson. This is secretly justified by the Administrative Authorities on the ground that this is the only way in which terrorism can be eliminated. There are well functioning interrogation centers which are officially sponsored tortured cells. They exist in Amritsar, Gurdaspur and Kapurthala district. In Gurdaspur, it is popularly known as Deko Center, in Amritsar it exists in Malmandy and in Sangroor at Ladhakothi.

Some of the very common torture method practiced by the armed police and paramilitary forces are as under:

  1. Rolling wooden logs on the legs of the victim.
  2. Putting chilies in the private parts of the victim and in eyes.
  3. Hanging the victim by hands to the ceiling or hanging upside down till unconsciousness sets in.
  4. Beating at the he is by hard blunt wooden staffs.
  5. Electric shocks.
  6. Sexual abuse of the victim if she is a lady.
  7. Stretching limbs of the victim apart either legs or arms.
  8. Starving the victim of food and water.
  9. Solitary confinement in very small cells.

The civil administration has become irrelevant and in effective increasingly, the tactics of occupation army, are being used by the police. In Batala, the district police Chief collect the villagers, abuses them and beats them. This reached such an extreme that during the Governor’s inspection tour the Sarpanches and other members of the Panchayat gave the details of the humiliation inflicted on them. Shocking to narrate that no remedial action was taken even though it was highlighted in the press and brought to the notice of the administration at every level reaching from district to New Delhi.

Article extracted from this publication >> September 15, 1989