ROPAR: The Ropar police is defying the court which had directed that the three accused police officials responsible for the death of Balbiro be put in judicial lockup. Balbiro was a Dalit woman, who died in police custody on July 14. Investigations carried out by this correspondent revealed that the accused policemen were not sent to any jail in the state even for a single day. This was done in connivance with jail officials here. On August 5 the Chief, Judicial Magistrate, Ropar, remanded SHO Om Parkash in judicial custody full Aug.18. The SHO was required to be lodged in the local sub-jail. However, Charan Singh, DSP, wrote on the “custody warrant” that the under trials be transferred to the central jail, Patiala, on administrative grounds, Asked to elaborate on reasons for the transfer of the accused, he said: ”We didn’t have facilities as per their status.” Interestingly, the SHO has not been lodged in the central jail, Patiala, even after 10 days of the court order. This was confirmed by the Superintendent, Central Jail, Patiala, Rajinder Singh, when this correspondent contacted him. He said it was the responsibility of the Ropar police to get the under trial admitted here.

Enquiries with senior jail officials in Chandigarh revealed that the accused SHO was not handed over to any of the jails in the state.

The two other accused ASI Gurjant Singh and head constable Didar Singh were remanded to judicial lockup by the CJM until Aug.18.

Again the local sub-jail officials ordered their transfer to the central jail, Patiala, citing “administrative” reasons, Sub-Inspector Baldev Singh was entrusted with the job of lodging the two in the Patiala jail. Both did not reach there.

On Aug.11 Sub-Inspector Baldev Singh along with the under vials reached the sub-jail, Ropar, and handed over the bail orders of the state high court. The Deputy Superintendent of the jail admitted the two and immediately discharged them. According to a senior jail official, as the accused had been transferred to the Patiala jail the Superintendent of the central jail, Patiala, was the only authorized person to implement the bail orders of the high court.

DSP Mohinder Singh, who is investigating the Balbiro murder case, made a note on the custody warrant that “owing to the disturbed law and order situation in the town the under trials could not be taken to the central jail, Patiala, and were kept in the local police station,”

Legal experts said this was a clear violation of court orders and amounted to contempt of court. The high court was competent to Lake Suo motto action against the guilty.

Investigations revealed that the entries made in the “roznamcha” at the city police station had been rearranged. As per the new record, the accused have been shown as being “not present on the day on which Balbiro died”,

Entry serial numbers 15, 27, 26, 29 and 31 dated Aug.12-14 show that SHO Om Parkash, ASI Gurjant Singh and head constable Didar Singh were deputed at far off places.

Article extracted from this publication >> September 4, 1992