Chandigarh:      Dated..20.5.91

Subject: Killing of Balbir Singh S Gurmel Singh in faked Encounter on 11-5-91.

On receipt of information from Inderjit Singh Jaijee former M.L.A. of Lehargaga that 2 boys were suspected to be killed by the ,police while in their custody in a faked encounter in his constituency, a joint team of MASR and PHRO constituting justice Ajit Singh Bains, Inderjit Singh Jaijee and Jaspal Singh visited Sangrur, Sunam and the Vill. .of Phalera and .Ratta Khera of Lehragaga Block to enquire into the deaths of Bhai Balbir Singh son of Puran Singh aged 22 years of Vill. Lehal Khurd and Bhai Gurmel Singh son of Sadhu Singh Vill Lehal Kalan aged 23 years of Teh. Sunam Distt. Sangrur. The above said two young men were killed by the police on the night between 10th and 11th May, 1991. The Police alleged that they were killed in an encounter near a canal bridge between the Villages of the Phelera and Ratta Khera.

The team examined Jit Singh Sarpanch, Sadhu Singh Panch Panchayat Ratta Khera and Giani Kartar Singh and Gurdev Singh member Panchayat, Phelera statement of Joginder Singh Mavi of Vill. Gobindgarh Jajian was earlier taken by Raminder Pal Singh Advocate of Sunam, in the presence of Inderjit Singh Jaijee Hardial Singh and Raghbir Singh Sarpanches. Post Martem Report of the young man was also seen from the Doctor, Bhardwaj who had conducted the autopsy of the dead bodies on 13.5.91 at about 10 a.m. at civil Hospital Sangrur.  Statement of the Panchayat Gobindgarh Jejian was also recorded. Police version was also seen in the FIR recorded by the police at Lehra gaga P.S.

According to the police Naka was set up near the Canal bridge between Phelera and Ratta Khera on the night between 10th and 11th May, 1991 when four young men came from the side of Phelera on being challenged opened fire on the police Party. Police returned the fire as a result of which two young men were killed and two escaped. One Pistol, one Rifle and Rs. 50/were recovered from the dead bodies. The dead bodies were cremated at Sangrur after being declared unclaimed,

The police version is falsified by the evidence of Joginder Singh Mavi of Gobindgarh Jeojian, Panchayat of Gobindgarh Jejian and Jit Singh Sarpanch and Sadhu Singh, Giani Kartar Singh and Gurdev Singh.

According to Joginder Singh two young men aged about 22/24 years came to his’ farm on 10-5-91 at about 7 or 8 a.m. while he was working at his farm, They told him that police was following them and he should help them to hide or escape. . The boys had come from the side of Sangtiiwals. He told them that the roads were going in all directions and they could take any road. While they were talking police party came and ‘asked the boys to identify themselves. According to’ Joginder Singh one boy gave his name as Balbir Singh of Gobindgarh Jejian. They asked the name of the Sarpancl which he gave as Teja Singh. The police immediately arrested him and told him that the name of the Sarpanch -was not Teja Singh. Teja Singh was the Sarpanch of Vill. Lehal Khurd.

He then admitted that he was Balbir Singh son of Puran Singh of Village Lehar Khurd. He was unable .to remember the name of the other boy. The two boys were then tied up by the police with ropes and put into a Jeep and taken away, Joginder Singh was also arrested and was made to sit in another Jeep. He was taken to Lehargaga P.S. At the police station he has interrogate and when boys and did not know them earlier they put him in a Jeep going to Sunam and brought him ‘to Village. Gobindgarh Jejian, The village Panchayat was already waiting at the road head and Preparing to go to Lehargaga P.S. for his release. The Inspector got down and asked the Panchayat if they knew him and if he was their man. On getting the verification Joginder Singh was released.

Joginder Singh’s statement has been corroborated by Constable Joginder Singh of Home Guards who belongs to Vill. Lehal Khurd,

Jit Singh Sarpanch of Vill. Lehal Khurd stated that he was present at P:S. Sunam with Teja Singh of his village which in their Presence the S.H.0 asked the ASI on 105-91 at about 12.00 noon whether the boys had been arrested. The ASI said that he could not arrest them as they had crossed the Canal and escaped out of Sight. The SHO told the ASI that the boys had been arrested by the Dy. S.P. after that and that the ASI was not very efficient,

Post Martem of the slain boys conducted at the Civil Hospital Sangrur at about 10 a.m. on 11-5-91, 8 to 10 bullet injuries were suffered by each. The injuries were in the front and back of the Chests. Duration of time between death and Post-Martam was between 6 to 12 hours, The police failed to Bive sufficient time for identification of the bodies and was in a shurry to dispose them off.

CONCLUSION 

From the scrutiny of the above evidence it is clear ‘that the boys were arrested between 7 and 8 a.m. from the farm “of Joginder Singh. Joginder Singh was also arrested and later released, They were killed in custody by the police and there was no encounter. Police did not suffer any injury. We also inspected the spot where the alleged encounter by the police was staged, If there was real encounter then police would have also suffered some injuries as accordingly to the police version boys opened up fire first. Jit Singh Sarpanch and Sadha Singh of Ratta Khera near which villages the alleged encounter was staged also stated that the boys were not killed in an encounter. Dead bodies were not returned and disposed of Callous-manner. The boys belonged to poor families. Balbir Singh belonged to Lehal Khurd and was a Labour. He recently took Amrit according to Sarpanch Teja Singh of Lehal Khurd. Gurmel Singh was a Rickshaw Pullar who was also recently baptized

No case was pending against the boys and they lived good simple lives as amritdhari Sikhs. Police arrested them being amrittdhary Sikhs and killed them in custody. Villagers of Lehal Khurd and Lehal Kalan are upset over the high handedness of the police.

We demand that ‘Judicial Enquiry be held. Families of the two boys are given compensation. Rule of law be restored. A list of wanted boys district-wise is published so that such occurrences are not repeated by the police and the guilty police men are punished according to the law of the land.

Justice A.S. Bains (Retd.) Jaspal Singh

Inderjit Singh jaijee Ex M.L.A.