Report regarding the illegal detention and torture of Surinder Singh S/o Avtar Singh, r/o Village Mangat, ‘ehsil and District Ludhiana, Punjab.
The Punjab Human Rights Organisation constituted a team
(1) Dr. Sukhjeet Kaur Gill, Vice Chairperson, r/o Sector 15, Chandigarh, (2) Maj. General Narinder Singh Vice Chairman PHRO to investigate the illegal detention and torture of Surinder Singh, aged about 24/25 years, r/o Mangat in Jodhewal Police Post, District Ludhiana,
The team visited Sector 16 Hospital on 25 & 26 Dec. 90 and recorded the statements of Surinder Singh s/o Avtar Singh (victim) and Avtar Singh s/o Santa Singh, r/o V.P.0. Mangat, District Ludhiana in the, hospital on 25 & 26 December 1990,
Surinder Singh stated “that he was returning on cycle from old courts, Ludhiana to his village on 30.11.90 in the evening. When I reached Basti Jodhewala Chowk 10,12 police people including A.S.I. Tarlok Singh, Sub Inspeetr, Gurdarshan Singh, Havildar Kanwal Dutt, Kashmiri Singh etc. we’re holding Naka bandi. I was asked to stop by the police and I stopped. Thereafter police caught hold of me and put me in the van of blue colour. A.S.I. Tarlok Singh started beating me in the van itself as a result my turban fell and I was taken to the Police Post Jodhewal, A.S.I. Tarlok Singh then caught hola of my hairs and felled me on the ground. When my hairs were pulled as a result some hairs were removed from my head my comb also fell on the ground, then A.S.I. Tarlok Singh began beating me with lathi as a result my right ankle was injured. I saw my father also under arrest in the chowki. When I was being beaten then my father intervened and asked the police as to why Surinder Singh is being beaten, I also asked what is my fault and why I was being beaten. Sub Inspector said that you will tell you fault yourself. Then my father was turned out by the constables at the asking of Sub Inspector. I was dragged to the back rooms of the chowki. A.S.I. Tarlok Singh also came there after 4 minutes. He first broke my comb (Kangha) by his feet on the ground. Then I was stripped naked by the constables on the directions of Tarlok Singh, A.S.I., Gurdarshan Singh, Sub Inspector also came there.
My Kirpan (getra) was also taken from my body and then broke it by throwing on the ground.
I entreated that I am Amritdhari Sikh and do not remove my gatra (kirpan) etc. but all in vain. In the end my under bear (Kacha) was also removed by tearing it and became naked. Both my hands were tied behind my back with my turben. I was made to sit on the ground Kashmira Singh, Constable stood behind me. He caught hold of my hair and pulled my head back. Three constables caught hold of my one leg and three the second leg and started stretching out the legs with full force and A.S.I. Tarlok Singh, was beating me with shoes the inner part of my legs and sometimes stood on my thigh and was jumping on it and asked me the names of the Singha who came to me and where do they live. I told him that nobody comes to me but they continued torturing me. Then they got hold of one wooden log of cot (Bali). Some more Constables also entered on the asking of Tarlok Singh. Then they put the (Bali) on my thighs.. 4 Constables stood on each side of the Bali and Tarlok Singh stood in between and then they began rolling the wooden log(Bali). Then one more wooden log of bigger size in width five to five anc half feet put on my thighs and began rolling it both sides by two man, Thereafter I was hung from the wall. This torture continued for 2-3 hours. I became unconscious. During mid-night I regained consciousness and found myself on the ground covered by a quilt. There were 4 boys in that room namely Roop Lal s/o Karma Ramdasia, Rashpal Singh s/o Jeet Singh, Jaswant Singh and 4th unknown. Torture continued every day for 2=3 hours and every time I used to became unconscious.
I was given electric shocks also. When shock was given I became unconscious. 5-6 times petrol was inserted in my body by inserting pipe my private party’s anus, chilies were also inserted. Sub Inspector, Gurdarshan Singh and Tarlok Singh used to be present during the aforesaid torture. I was not given any food by the police. My parents arranged with one Dhaba who gave me food and tea. My father was allowed to meet me only once in 10 days.
One day A.S.I. Tarlok Singh told me that he would arrange the meeting with my father and tell him that your father should give Rs. 20,000 to Rs 25,000/= and then he will release me. He said that money should not be less then Ps, 20,000/-. I told him to arrange the meeting with my father. Next day my father was brought. I told my father in the presence of A.S.I. Tarlok Singh to give them Rs. 20,000/=, My father replied that we are too poor to give so much amount that he could only arrange Rs 4,000/= to 5,000/= after selling the buffalo. Then A.S.I. Tarlok Singh said this amount is not enough and he asked my father to get out from the room and asked me that now he will not allow meeting anybody with me and your end has come. And then he threw me down and started beating me, after 12-13 days S.H.O. Police Station Sadar came there and directed them to release me. He came there 2-3 times and promised to get me released but I was even then not released.
Tarlok Singh A.S.I. was beating me on 21st and I was hanged upside down from the ceiling and told me that neither you tell anything neither you gave any money. And he will not release me and shall kill me within one or two days. He had a lathi and with him and was beating me on my legs and hands with that lathi and was saying all the time that he has killed many boys like me in C.I.A. in Patiala Staff. Then he felled me on the ground and beat me again with the lathi and gave me 21 beatings on the left side and 21 on the right side of the body. He asked one constable to stand there to count the lathi blows and that time Kashmira had caught hold of me from the legs and Kamal Dutt had caught hold my neck and hairs and was sitting on my shoulders and Bhatti was counting the lathi blows,
After 15-16 days they put me in a special room where wireless was fitted. Bhatti brought a register in that room There I was chained with the iron bars and tied with the cot and remained there for 3 days in that condition. On the 3rd day I was not fully conscious that they again started beating me at about 4 or 5 p.m. It was dark when I regained consciousness somebody gave me blow with his foot and abused me. It was a voice of Tarlok Singh, A.S.I. Tarlok Singh in abusive language said that he will be killed then said take him somewhere to be killed, at that time Tarlok Singh was in civil clothes. 7.fter that Kulwant Singh, Kashmira Kewal Dutt and Tarlok Singh took out 4 artificial beards from one box and put it on their faces and then also tied saffron colour turbans and covered their faces, After that all the 3 took the rifles and went out.
On 22-12-90 at about 10:00 a.m. somebody called my name I replied. After that I saw my father who came near me. Z was lifted out by 2 persons and taken out. I then came near Bhatti, after that I was taken to Chandigarh, Sector 16, Hospital. For 5 days I could not ease myself before 22.12.90 and for 3 days I could not pass urine. In the hospital I passed urine after I was given glucose. There were injuries all over the body and I was not given any medicine in the police Post.”
Avtar Singh s/o Santa Singh, r/o V.P.0. Mangat, District
Ludhiana stated as under “I along with Karam Jit Singh was returning to my home after appearing in the Court on 30.11.90. Police was standing at Jodhewala Bastie They stopped me. Tarlok Singh, A.S.I., Kashmira Singh, Constable, Kamal Dutt, Havildar and other police constable were there. They told me that S.I. Gurdarshan Singh called you. I went to the police post. It was about 4.30 p.m. Darshan Singh Garewal asked me as to why he has not produced his son. .I replied that what is the fault of my son.
Then he said they had a suspicion and they have to interrogate him. Theft had taken place in our village about six days and two boys were caught by the police. But the case was registered only against one as the complainant had named only one boy.
I told them that my son has not committed any crime why should I produce him. Neither the complainant has named my son. The police had also gone to my house in my absence in the search of Surinder Singh. At about 5 p.m. they brought Surinder Singh and started beating him in my presence. I told them that why my son is being beaten illegally and that I would not allow this to continue… After that they put me in police van and detained me in Police. Station Sadar, Ludhiana. On 1.12.90 I was released by the S.H.O. The S.H.O. released me on the interrogation of one Gurmail Singh.
I then went to Jodhewala Police Station to see my son along with 30 persons of nearby villages and asked the police to release my son. Many times after that I went to police station to get the release my son but they did not allow me to meet my son. On 9212.90 they allowed me to meet my son for 5 minutes.
He was in very bad shape and even could not stand. Due to police fear he did not tell me that he was beaten. Who so ever went to the police post to enquire my son was threatened by the police. On 20.12.90 I approached one lawyer and told him whole story. He advised me to file a writ in the High Court. I then filed the writ in the High Court on 21.12.90 after obtaining a loan of Ps. 1,000/~, High Court appointed a ‘Warrant Officer I along with the Warrant Officer went to Jodhevala police post on 22.12.90 and reached their at about 10.00. Both the A.S.I. and StH.0. abused me and threatened me of dire consequence. I and Warrant Officer recovered the boy from the custody of the police and brought him to Chandigarh. Police followed us. In the High Court some lawyers helped us including I.P. Singh and Navkiran Singh and got my son admitted into the hospital where security was also provided.”
R.L. Bhatia Warrant Officer Report to the High Court is reproduced below.
RE: Cr. W.P. No. 2395 of 1990,
Avtar Singh Vs. Darshan Singh & ors.
Report: –
In compliance with the orders dated 21.12.90 passed by Hon’ble Mr.Justice J.S, Sakhon, I along with the petitioner Avtar Singh left Chandigarh on 22.12.90 at about 7.00 A.M by bus and reached Ludhiana Samrala Chowk at 9.20 A.M. From there we took a three-wheeler and reached Basti Jodhewal Police Post, Ludhiana at about 9.40 A.M. The gate was found opened at that time. I told the petitioner to call the name of detenu Surinder Singh Pappu in loud voice. He did so and Surinder Singh responded the call from a room. After this Surinder Singh was taken to the Reporting Room by me. Surinder Singh – Pappu was duly recognized by his father Avtar Singh. S.I. Gurdarshan Singh and A.S.I. S.Tarlok Singh were found present there at that time. I disclosed my identity and purpose of visit to them and took Roznamcha in my custody. I recorded my arrival in the Roznamcha at Sr.No. 3 at 9.45 A.M. on 22.12.90. After this I enquired from S.I.Gurdarshan Singh about the detention of Surdinder Singh Pappu S.I, told me that the detenu was called only on 22.12.90 morning at about 7.00 A.M. for investigation purpose in case F,I.R. No.212 dated 21.7.90 U/s 308 I.P.C. I searched the Roznamcha myself; no arrest was shown in the said Roznamcha regarding Surinder Singh Pappu. After this Surinder Singh.
Papmu was released and S.I. Gurdarshan Singh and ASI. Tarlok Singh was served with the notices.After this I and Avtar Singh father of the detenu hire Rikshaws and placed the detenu in that Rikshaw with very difficult because he was feeling very much pain in his legs. I was told by him that he was tortured continuously since 30.11.90 the date of his detention at Basti Jodhewal Police Post (Ludhiana). When we were proceeding to Samrala Chowk, I was told by the detenu and his father that one Head Constable and 2 Constables in plain clothes were chasing them. The Head-Constable (Sh.Kamal Dev) was on Motor Cycle and two other were on a scooter. The detenu then requested me to take them to High Court at Chandigarh as they appreh- ended danger to their lives, from the Policeman. On the way to Chandigarh the detenu and his father again spotted at Norinda Bus Stand that the Police Officials were following them in a Maruti Van. At bus stand Morinda, the detenu told me that one policeman also boarded that bus in which we were travelling. When we reached Chandigarh, Bus Stand, Sector 17, the same Maruti Van was found standing at the gate of Bus Stand, so fearing some danger, the petitioner hired a three-wheeler for High Court and I left the detenu and his father Avtar Singh the petitioner, near the main entrance of the High Court Building and I went to my Brach.
Copies of notices duly served upon the respondents No. I and 2 are attached herewith.
Submitted. sd/-
Dated: 7.1.91 (R.L.Bhatia)
Warrant Officer”
Surinder Singh was medically examined at General Hospital Sector 16, Chandigarh on the directions of the High Court on 22.12.90 and 10 injuries were found on his person which were about 2 weeks duration. .
Perusal of the aforesaid evidence proves that Surinder Singh was taken into illegal custody on 30.11,90 by the Jodhewal Police Post. He remained in illegal custody of the
Jodhewal Police Post upto the morning of 22.12.90. When he was recovered by the Warrant Office appointed by the High.
Court. He was medically examined in the General Hospital, Sector 16, Chandigarh on 22.12.90 and 18 injuries were found on his body. During the illegal detention he was tortured, he was hanged upside down from the ceiling, he was given electric shocks, chillies and petrol was inserted through ‘his anus, his legs were stretched apart, heavy wooden lobs were rolled on his leg, he was stripped naked, his heirs were pulled out from his head and beard, his Kangha and gatra were broken,thus he was not only physical tortured, but he was also humiliated as he was a Amritdhari Sikh. All these physical and tortured were committed by A.S.I. Tarlok Singh of Police Post, Jodhewal, Havildar Kanwal Dutt, Kashmiri Singh.
Uniform brutality is on the increased in Punjab, Police has become politeness, order less, lawless, Corrupt and enemy of the people. There is no rule of law.
PHRO demands that aforesaid police officials be suspended and prosecuted for the torture and illegal detention of Surinder Singh and Surinder Singh be given compensation of at least Rs. one lakh for the physical, mental and religious suffering.
(Justice Ajit Singh Bains)
Chairman,
Punjab Human Rights Organization
