Report of Shri T.S. Cheema, Distt and Sessions Judge Patiala on Torture.
His Lordship Mr Justice S.S. Sodhi, Vigilance Judge, Sessions Division, Patiala, during his visit to Central Jail, Patiala and Nabha also met the detenuse of the National Security Act lodged in this jail who complained to him that detenues from Nabha jail were taken in batches to Ladha Hothi (Sangrur district) jail and were subjected to all kinds of torture. He directed the undersigned to enquire into the allegations of torture after visiting the jails at Patiala and Nabha and, if necessary, to visit the jail at Ladha Kothi.
- Under the aforesaid direction: I visited Central Jail at Nabhaon January 23, 1985, where I met the Deputy Superintendent of Jail, Mr Gurdarshan Singh Gill who on my asking supplied the necessary data with regard to detenues lodged at Nabha Jail who from time to time had been taken to Ladha Kothi. To find out the details of the alleged torture I recorded the statements of detenues individually who has recently returned from Ladha Kothi. Names of the detenues examined by me are under:
- Nirmal Singh, c/o Mr Kashmira Singh, resident of Khabbe Rajpura in Amritsar district
- Jarnail Singh, s/o Mr Ranga Singh of Bool Village in Kapurthala district.
- Iqbal Singh, s/o Kulwant Singh of Muktsar.
- Mr Gurmit Singh, s/o Mr Gurbax Singh resident of Rasulri Najra village in Ludhiana district.
- Makhan Singh of Hoshiarpur.
- Mohan Lal alias Mohan Singh a resident of Salon village in Jallundur district.
All of them except Gurmit Singh have given almost same details with regards to their interrogation at Ladha Kothi and the third degree methods to which they were subjected. Gurmit Singh during his stay at Ladha Kothi suffered colic pains. In the beginning the interrogators took him to be a malinger and when after abusing and thrashing him they got convinced that he was really having acute pain they spared him of the torture which others had to undergo.
Their statements reveal two common modes of torture—one is the use of an extra-thick pestle, like mini log, which is placed on the thighs of the detenues with one person or two persons standing on it. The detenue is made to lie on the floor prostrate or supine. The pestle with load thereon is then rotated on the thighs. If the position is prostrate then the lower log is bent over the pestle and pressed against it. Surface of the pestle being smooth and wrapped in a cloth does not cause any outward injury on the thigh.
The second mode of torture which is described to be more painful consists of stretching the legs open to the unbearable extent. The detenue is made to sit on a plain surface with one person supporting his back with his knees and pulling his long hair backwards. The legs are held at the ankle level by different persons and pulled apart. The legs on reaching a particular angle cause acute pain which on persistence results into swooning.
The detenues at Ladha Kothi are not accorded the treatment due to them. They are locked up in individual cells and are kept in solitary confinement all the 24 hours except for the period when they are subjected to interrogation and tortured. They are served food in the cells and are also required to make water and ease themselves within the cell.
The aforesaid detenues disclosed that two of their comrades who were taken to Ladha Kothi had not been returned to Nabha Jail as they had been excessively tortured and they were kept there for convalescing. On their information I paid a visit to Ladha Kothi on 28.1.1985 where I met Mr Karan Singh, Superintendent of Police who had been designated as Superintendent of Jail. He disclosed that all the designated of last batch from Nabha Jail received at Ladha Kothi had been sent back on 24.1.1985. He produced copy of DDR-7 of 24.1.1985 showing the return of detenues to Nabha Jail Superintendent of Police. Superintendent of Jail at my request took me round the premises of the jail. The portions of the premises where the cells in which the detenues are confined are located are in the shape of barrack with a narrow compound on its front and the compound having a very high wall to screen it.
In the cells there is no cost. In some cells utensils consisting of mugs and enameled plates were lying. In one corner of each cell there was place meant for urinating and easing out. Cells are stinking. The entrance gate to this portion of the premises is guarded by the personnel of CRPF. Even the keys for opening the lock placed on the entrance door were in their custody.
Superintendent Jail informed me that there was no regular doctor at Ladha Kothi. On his move a doctor of a rural dispensary of a nearby village was deputed to visit Ladha Kothi once in a day. But he had no provision for medicines for the inmates of Ladha Kothi.
After going ground the premises of Ladha Kothi I got the impression that it was just an interrogation center and it possessed least trappings of a Central Jail. There seems no justification for shifting small batches of detenues from Nabha Jail to Ladha Kothi. The detenues stated that their shifting from Nabha Jail to Ladha Kothi was only a camouflage for taking them out from Nabha Jail and to bypass the requirement of law to produce them before a judicial magistrate for being remanded to police custody for their interrogation in some new case.
As the detenues whom I had examined at Natha Jail stated that two of them who had been excessively tortured were still at Ladha Kothi and as I planned a visit to the latter place and when I could not find them there I decided to visit Nabha Jail once more. Accordingly from Ladha Kothi straight I went to Nabha Jail and found the information given by Mr Karan Singh Superintendent of Jail as correct.
I then individually met Palvinder Singh, s/o Mr Jangir Singh, a resident of Amritsar district and Parminder Singh s/o Shri Giani Dalip Singh of Amritsar and I recorded their statements they gave out the details of the torture meted out to them which were similar to once given by the other detenues.
In their case torture was repeated and the result was that their groins become pulpy and painful to such an extent that they could not properly walk and as such they were kept back at Ladha Kothi so that their bodies could return to normalcy.
At Ladha Kothi the detenues at no point of time are allowed to meet or converse with each other. They are not provided with any newspaper or any other facility which are available to them at Nabha Jail.
- S. Chema
District and Sessions Judge,
Patiala
