LUDHIANA: International Human Rights Organization (IHRO) is wormed about the safety of life Of Balwinder Singh, a Northern Railway Ticket Inspector as he has been disappeared by the police for one day, Suspended by Railway authorities and receiving threats of elimination from the Police through the agents. At the moment, he is living under the Shadow of fear of the Punjab police and the strain put by the Railway Department, which has suspended him, that 100, for doing dutiful job. Although energetic, but of late, he seems to have lost faith and confidence in the Railway Department and the State administration because he has also been implicated in a false criminal case. Despite the fact that, the Railway authorities know about Balwinder Singh’s innocence, his reinstatement to the job and the Cancellation of the case remain elusive.

 Balwinder’s case was highlighted in the media when on May 25, 1994. Railway employees went on a lightning strike in protest against the clandestine arrest of Balwinder Singh from Ludhiana. Train services were virtually paralyzed in Punjab and Jammu region. According to media reports, Balwinder Singh was arrested following registration of a case for his alleged manhandling of a Punjab Senior Superintendent of Police, Mohammed Mustafa in an incident in the first class compartment of Kashmir Mail (No 4034) on April 25, 1994. It was also alleged that the Gurdas pur SSP occupied a seat which was reserved for another passenger, Deen Dayal Pandey, a Hindu saint. As the SSP refused to vacate the seat, the ticket conductor was reportedly contacted by the saint and his followers to get the seat vacated. There was alleged some altercation between the SSP and the saint’s flowers and the Railway Inspector, The train service, which remained   paralyzed for eight hours, resumed only after Balwinder Singh was released by the Government Railway Police (GRP) next day.

To sift out the truth, the IHRO asked Balbir Singh Sooch advocate to investigate the matter. He Met Balwinder Singh, Deen Dayal Pandey and his followers al Ludhiana, BC Sharma, Divisional Secretary of the Uttariya Railway Mazdoor Union (Northern Railway Employees Union) and other Railway officials. In his report the THRO activist Sooch quoted the Hindu preacher as saying “When entered the coach stone will my followers, I saw a gentleman occupying my seat. Some of my followers requested him to vacate the Seat. That gentleman showed arrogance and misbehaved with us. He seemed under the influence of liquor and kept smoking. Looking at the indecent behavior of the passenger, some of my followers contacted the conductor of the train who, we later learned, was Balwinder Singh. The adamant passenger gave his identity to the conductor as SSP. Gurdasour. Mohammed Mustafa. Balwinder Singh politely told the SSP that according to the chart, his seat was booked in Cabin” A’ while he was sitting in Cabin *E.” The media reports that the conductor mishandled the SSP are wrong and baseless.

“The SSP was in aggressive mood and he did not leave the seat, despite the request by the conductor. I along with my followers came Out of the cabin E and made request to adjust me somewhere else. The SSP un-athorizedly travelled to Delhi on my scat. The conductor got down as his duty was over at Ludhiana, The arrogant SSP enquired from me the identity of my followers at Delhi.

 “Later I Learned through newspapers that the SSP used his influence and got registered a case against the conductor and some of my followers on totally false and fabricated grounds.”

The Hindu preacher had also Chief Secretary, Director General of police and Railway authorities. Protesting against the high handedness on part of the SSP. He added in his letter dated June 26 that “instead of taking any action against the SSP for his misconduct and illegal occupation of my seat, the Railway authorities have suspended Balwinder Singh who acted according to law and railway mules, under some pressure from the high-ups due the influence Of the offender,

Mustafa.”

Censuring the Government, the saint wrote in his letter.

“If the Government wants to save whatever is left of its credibility among Masses, the least it should do justice by cancelling the FIR. Reinstatement of the conductor and punishing the guilty S.S.P, for giving false information with intent to harm and harass the innocent persons.”

While on the other hand, the SSP alleged on April 26 in his complaint to the Railway authorities that Balwinder Singh had misbehaved with him and, earlier that, demanded R.s 500 as bribe for making adjustment of seats for me and my two bodyguards.

 Balwinder Singh submitted before the authorities that at Ludhiana he was contacted by the Mahatma’s followers to get vacated his reserved seat, He requested the SSP to vacate the same and occupy his seat. But he refused to budge. Rather, he started smoking and said that “he will even take whisky in the cabin,” which caused trouble to the Mahatma and his followers. The followers could not digest the remarks. At this, there was some verbal altercation, “I then arranged as eat in another cabin for the saint as per his request, for he could not sit near the SSP” Balwinder told the HRO lawyer.

Regarding the alleged demand for the bribe, Balwinder had submitted before a Railway Enquiry Officer that “it is not understandable and un-imaginable to demand a bribe from a passenger who is already known to be very senior police officer. The allegation, he said is totally false and fabricated.

Answering a question regarding the alleged manhandling of the SSP, the preacher’s follower Virendar Gupta asked IHRO:””Can anybody touch an officer of the rink of SSP having bodyguards the stenguns in their hands in Punjab? How could then Balwinder Singh, mere railway employee, manhandle Mustafa? Is all nonsense.”

 When Balwinder Singh was asked how could he say that he was fearing a threat to his life, he Said “Mr. Mustafa’s subordinates were asking my whereabouts from My Colleagues at different railway stations including Ludhiana itself Once Mustafa’s man threatened MC on phone that I had to face the consequences. I wrote A letter to the railway minister and DGP Punjab on May 6 that my life was in danger. To avoid any bad incident I normally kept myself off duty. When Mr. Mustafa could not get me picked up by his men then he exerted pressure on the GRP to “arrest” me, Due to that, | ‘was clandestinely arrested by the Ludhiana GRP on May 25 and a case was registered against me. | was shifted to Khanna Railway Police Post. Railway employees immediately went on strike and due to the paralyzing of the train services I was released the next morning on a deal between railway union, local railway authorities and the Ludhiana administration. The deal was that! Would be reinstated and the criminal case registered against me cancelled. Deputy Superintendent of the GRP, Mr. Gursevak Singh admitted before me that I was booked under pressure from the higher authorities; otherwise there was no case against me. Even after that, Mustafa is issuing threats to me through Railway Policemen. So I still fear elimination at the hands of the police as is the practice here.”

He added that he was not reinstated and nor the case cancelled despite the assurance by the railway authorities and the State administration. All this | have already stated before the railway. Enquiry officers.as a matter of fact both the Lack the railway authorities the state administration know about my innocence in the case. Any relief to me remains elusive only because of the misuse of the authority by Mustafa.

IHRO therefore fears threat to the life of Balwinder Singh as the concerned SSP has not stopped his efforts to harm the railway conductor. The police have unbridled powers because of the insurgency in the state of Punjab. There are hundreds of reports suggesting harassment, torture and in some even elimination of innocent persons at the hands of the police. Ports by various human rights groups including Amnesty International and Asia Watch are also a testimony to this fact. We urge the railway authorities to immediately reinstate the conductor and the GRP to cancel the case. We also urge the railway minister to take up the case with the police authorities as we find Balwinder singh innocent in the matter. Moreover, he did his duty well at that particular moment.

IHRO further urges the democratic governments world-wide, the UN and the international public opinion to take note of this case and use their good offices with the Government of India to save the life of the railway conductor.

D.S, Gill, Chairman

IHRO,Ludhiana

Article extracted from this publication >> August 19, 1994