On the information received from Patran, district Patiala, that two young men namely Rajwinder. Singh (20 years, Chairman Co-operative Bank, Patiala and Gurtej Singh (20) yeared of village Sulewala, have been gunned down by’ the Dirba Police on the night intervening 12th & 13th December, in custody and down to have been killed in encounter. ‘

A Punjab Human Rights Organization and Movement against State Repression team of Justice Ajit Singh Bains, Chairman, Dr.Sukhjit Kaur Gill, Vice Chairman, and Sardar Inder Jit Singh Jai jee Ex-NLA and Co-Convener, Movement against State Repression visited Patran on 17th December. Hundreds of people were sitting in Dharna and all the shops in Patran were observing hartal.

When questioned as to why they are sitting in Dharna and observing hartal they told us that the dead bodies of the two young men named above were not returned to the relatives and were cremated recently by the police and that even their remains i.e. ashes are not given to the relatives for immersion in accordance with religious rites. The team also participated in the Dharna for some time and condemned the callous attitude of the authorities.

The team went to the family of Shri Rajwinder Singh wha has left behind his young wife and small kids and condoled his death. Thereafter the Team went to the farm house of Sardar Inder jit Singh Jaijea in his village Chural and spent the night.

In the morning the Team went to the village of Gurtej Singh who left behind his young wife (19 years) and a small kid. Consoled his old father and mother who wept bitterly on seeing us? Both the young men were doing their professional work and had no connection with the resistance movement of the militants. There was no criminal case or any complaint against them either in police station Dirba or at police station Patran.

The Team went to the place where the encounter was shown by the police. The place is on the drain within the revenue boundaries of villages Ghanaur Rajputan. On the spot, advocates of Samana namely Dalbir Singh Nagra, Balbir Singh Talwar, Kulwinder Singh Galela, Kulwant Singh Dhillon, Harpal Singh Virk, Surinder Singl: Sandhu, Narinder Singh Ratal, President, Bar Association Samana, Inderjit Singh Saluja, Smt. Naresh Kumari Bawa, Jaspal Singh Sandhu, Kashmir Singh Virk were already present.

We recorded the statements of the following witnesses who heard the firing and also saw the dead bodies.

  1. Darbara Singh s/o Bhan Singh aged 35 years r/o Patran, district Patiala.
  2. Boota Singh s/o Baghwan Singh age 60 years r/o Komal Pur, tehsil Sunam, P.S.Dirba.
  3. Darbara Singh s/o Bachan Singh r/o Ghanaur.
  4. Joginder Singh Sarpanch age 25 years village Ghanaur Rajputan, P.S.Dirba, tehsil Samana.
  5. Jaswinder Singh Sarpanch of village Komal Pur.
  6. Zora Singh s/o Harbans Singh aged 40 years r/o Ghanaur, P.S.Dirba.
  7. Baldev Singh S.H.O. Dirba.
  8. Jatinder Singh Gill, Advocate, Sangrur.

CW1. Darbara Singh testified as follows:

Rajwinder Singh Patran along with his companion Gurtuj Singh r/o Salewala went to Bhiwani Garh at about 12th December, 1998. On their way back from Bhiwani Garh, Dirba Police arrested them at about eight or nine p.m. at the drain and took them to Police Station, Dirba. Nobody was informed by the police about their arrest. Next day on 13th December, 1992, both the families of Rajwinder Singh and Gurtej Singh felt upset on their not returning home. They started enquiring as to why they had not come back ta home from their relatives but of ‘no avail.‘ Then in the evening at about 9,18 p.m. somebody told the brother w¢ Rajwinder Singh that yesterday the police of Bhiwani Garh had said about the police encounter and about the death of two militants and the jeep which was recovered from them and that jeep belonged to Patran and both the young men were of Patran. Next day on 14th December, 1990, Nirmal Singh the elder brother’ of Rajwinder Singh along with five six years went to Sangrur and enquired about the encounter from the SSP Office, who directed them to go ta Sunam. And that the jeep is also there, and then they went to Sunam, there the reader of the DSP told them on the telephone that the two young men killed in the encounter were Rajwinder Singh, Patran and Bhai Gurtej Singh, Salewala. That the jeep belonged to Rajwinder Singh, but refused to give further details of the incident.

Cw:  Boota Singh 6/o Bhagwan Singh, aged 62 years, r/o village Komalpur, P.S.Dirba, stated that he lives in a farm house in his agricultural farm and on 12th December, 19972, he was irrigating his fields and throughout the night of 12th and 13th December, he remained in his fields irrigating. His farm is about 50 yards from the place of occurrence. He further stated that on 12th December, 1990, police started coming and going on the drain from 6 p.m. onwards and them some police men continuously remained there upto midnight. They saw on the drain a jeep coming and stopped that vehicle by showing a torch. After that he heard some noise and he heard the police saying on wireless that: two have been arrested and three have escaped. After that he heard about 4 shots and also night flares, than one vehicle passed over the bridge. After the first vehicle was stopped and after 10 minutes three more’ vehicles reached the spot. Than the firing started which continued from 1 a.m. to 3.00 a.m. The firing was not continuous but intermittent. The vehicles that have come subsequently were taken back. The firing was only from the police side and there was no return fire and most of the shots were fired in the air.

In the morning he saw the Sarpanch of Komalpur at about 7.30 a.m near the place of occurrence. He told the Sarpanch that the police committed a great atrocity during the night. By that time many people from Ghanaur also reached there as they heard about the two dead bodies.

After seeing the dead bodies from the distance all returned to their homes. At about 108.350/11,88, I then saw the spot minutely and saw that there was some drops of diesel on the ground and some blood in one or two inch ‘area.

CW3. Darbara Singh, s/o Bachan Singh, r/o Ghanaur, district Sanogrur.

I reached the spot at 6.00 a.m. During night he heard the intermittent fire shots from 1.32 to 3.02 a.m. He heard that the two dead bodies were lying on the drain and came to see the same. The dead bodies were taken in the tampoo at about 8.30 a.m. Then the police directed us to see the dead bodies and about 15/16 people saw the dead bodies. One dead body looked like of a heavy man with a flowing beard and on his right side shoulder there were dry blood spots in the two inch area and his right arm was stiff and his hairs were loose and spread out without any turban. On the second dead body he saw blood spot on the left ankle his hairs were also loose and without turban. No body recognized the dead bodies. After that one Sub Inspector of Dirba, some CRPF people and one senior officer reached at the spot and the dead bodies were removed. And then the Sub Inspector told us these dead bodies were of the person who had burnt the liquor shop of Khanal and looted the excise shop of Komalpur and burnt a shop in village Rai Tarhana near village Lehra and killed some bus passengers. We asked the Sub Inspector was there no document in the jeep from which the identity of the dead bodies could be established, He replied that so far nothing is recovered but the persons were the same who had committed the aforesaid crime. We again asked him that in the encounter is there any casualty on the police side. The police officer replied that they’ were killed in routing patrolling, and we could suffer damage only if there were cross firing, therefore, we were saved.

Cw4. Joginder Singh, Sarpanch aged 55 years of Ghanaura Rajputan, district Sangrur. (I heard the bullet shots at about 9.00 p.m. after that he went to sleep. In the morning Lal Singh was sent by the police to me for bringing tea. We brought tea at about 7,80 a.m. The ASI who is resident, of Patran village and is a Hindu and is posted at Dirba Police Station told me to see the two terrorists who were killed. Both the dead bodies were bare headed and their hairs were loose and no turban was seen near the dead bodies, however the two patkas were seen and at about, two three yards. One “dead body was laying in the jeep his head -was hanging from the left side window and feet were towards the steering and the other dead body was lying at about 10 feet from the Jeep. I told the police ASI that these persons are not of my village and went away. I again came back and saw small blood spots and the diesel oil. Dulip Singh, Jagdev Singh and Sukhwinder Singh of Ghanaur village also saw the deed bodies).

CW5 Jaswinder Singh Sarpanch, Komalpur, aged about 70 years, (I am the sarpanch of village Komalpur. I had retired from the language department. I had heard the gun firing between 1,08 to 2.08 a.m. on the night between 2/13th December, 1990. The firing was intermittent. In the morning I went to a the spat at about 7.00 a.m. When I was on my way, Boota Singh of my village met me near the spot and told me that Sarpanch Sahib a great atrocity has been committed by the police during night. I did not eve any ammunition or AK 47 near the dead bodies but heard from the police that AK 47 and some cartridges were recovered from the dead bodies. I did not see any blood spots near the place of the occurrence or near the jeep. People were saying that it was fake encounter, One dead body was lying 10/15 feet in front of the jeep, there was no turban and the hair was loose and the body was lying straight, second dead body was lying on the front seat of the Jeep, its head was hanging out on the left window and the legs were towards the steering and some flawed drops were coming out from the head which were not exactly blood.

CW6. Zora Singh, s/o Harban Singh aged about 40 years s/o Ghanaura (My farm house is about 200 meters from the alleged place of occurrence. I heard four gun shots at about 9:00p.m during the night intervening on 12th and 13th December. After about 15 minutes the police teached our house and some flares were also fired. One vehicle’s back lights were on which was parked there on the drain 20-38 minutes before the firing. After that one vehicle left the place and more Police reached there. Infarct the Police was roaming there from 6.00 P.m on 12th December, 1990, .They searched bun house that some criminals are hiding but no one was found in our house. Then then police told us to sleep. During midnight intermittent firing took Place for about 2 hours. In the morning the police demanded some dry wood. I saw the dead bodies from about 20 yards from the other side of the drain. I saw the feet of one dead body with the shoes on in the jeep and the second dead body was about 14/15 feet lying on the ground from the jeep. Their hairs were loose and Saw one patkas two three yards from the dead body.

We also went to Dirba police station and asked about the incident from Baldev Singh SHO. He told us that they held nakka bandi at about 11.02 p.m at the place of occurrence, the total force of police and the paramilitary was 40 persons. The incharge of the action was Jagga Singh CIA staff Ladakothi inspector Kishan’ Chand of RSF was also in the action. There were three vehicles in which the police had reached the spot. – Gne AK 47 was also with the police beside the other fire arms. From the spot one AK 47 5/6 mixes and 108 hundred Cartridges were recovered. Encounter started at about 1.30 a.m. on the night intervening 12/13 December and continued till 3.88 a.m. as about 102/158 rounds were fired. No one was injured from the police side add no police vehicle received any bullet mark. The dead bodies were not brought to the Dirba police station. The jeep in which the Suspects travelled had the number plate but no effort was made to enquire about the owner of the Jeep from the registration office. When ached about the jeep he replied that the jeep was at Sunam. Three persons had escaped and have identified during investigation, they were Harinder Singh Haraon of police station patran, Kulwant Singt’ Kati and Satnam Singh Satta of district Amritsar. Their identification was given by the mistri of Bhiwani Garh (whose name he does not know). These names were told by that mistri to Jagga Singh Inspector of Laddha Kothi by that mistri. When questioned why, the bodies were not brought to police station Dirba and no proper effort to get the same identified and why the same were cremated in haste and no photograph was taken at the Place of occurrence. He felt nervous and did not have any satisfactory reply. However he gave the copy of the FIF Nunber 183 police station Dirba, district Sangrur, dated 13th december, 1998 at 1.30 a.m. The case 16 registered under 307, 148 IPC, 2554/59 areas act and the place of occurrence in the revenue limits of Ghanaur, Rajputan about 12 kw’s from the police station.

cw.7 Jatinder Singh Gill, Advocate, Sangrur, has stated before the team that Parshottam Singh and Jaspal Singh r/o Village Phaguwal, Police Station Bhiwanigarh was brought to CIA staff office at Sangrur around 11.88 p.m on 12-12-90

They were kept there for three days and -let off only after the intervention of citizens of Bhiwanigarh and Patran,

The police repeatedly interrogated them on the point that they have links with Rajwinder Singh and. Gurtey Singh of Patran and stressed that Rajwi nder Singh and Gurtey Singh had named them in interrogation.

Parohatlam Singh arrested this incident to Jatinder Singh Gill immediately after his release,

From the close scrutiny of the aforesaid witness of is evident that no encounter took Place on the drain and the aforesaid two persons were taken into custody on the evening of 12-12-98, by the police and killed in custody the same night. According to Jatinder Singh Gill, Advocate, Parshottam Singh and Jaspal Singh r/o Patran were arrested on 12-12-90 by the police and taken to Sangrur. The police repeatedly interrogated them on the point that they have links with Rajwinder Singh and Gurtej Singh of Patran and stressed that Rajwinder Singh and Gurtej Singh had named them in interrogation. From this fact it is proved that the aforesaid two persons were arrested first and their interrogation led to the arrest of Jaspal Singh and Parshottam Singh.

There was no blood found on the ground police did not suffer any injury and most of the firing was in the air. There was only one bullet entry found on the glass panes of the jeep. We also saw no bullet marks on the trees nearby. According to Baldev Singh, SHO no photographs were taken of the place of accordance and there were about 100 officials of the police, BSF, and CIA what took part in the action and that about 150 rounds were fired on both sides but official of the police suffered any injury and the firing continued about 2.00 hours. Police did not make serious effort to identify the dead bodies. Rather they were in haste to dispose of the dead bodies. They removed the dead Ladies from the spot at about 8.30/9.08 a.m. and took to Sangrur far post-mortem and cremated in Sangrur and the constable who had accompanied the dead bodies had come back at about 6.08 p.m. at Dirba police station. In fact Rajwinder Singh was the known person in the iliqua and was a Chairman of the Central Bank Patiala and Director of the Gtate Bank. The other person Gurtej Singh was a timber merchant in Patran. It seems that the police had arrested both the young men earlier at about 8.00 p.m. tortured them and killed them in Dirba police station and then entered a FIR of encounter which is unbelievable. The story of encounter is falsified by the circumstantial as well as oral evidence. The ashes were even returned on 18th morning after 6 days of agitation of the people. There were registration papers in the Jeep according to the relatives of Rajwinder Singh.

We also called on the Deputy Commissioner at Sanyrur at his residence who showed his ignorance about the incidence as he was away in connection with the death anniversary of his father in law, He promised full inquiry in the incident.

The advocates who had come from Sunam were of the view that the two young men were killed in the custody and that there was no encounter,

Justice Ajit Singh Rains)

Chairman

(Indrjoit Singh Jaijee)

Ex. M.L.A

Co-Convener, MA.S.R.

(Dr. Sukjit Kaur Gill)

Vice-Chairman,