Human Rights in Punjab » Punjab

Mother testifies against police officer Sumedh Saini

J Kaur — Tue, 19 Aug 2008 06:11:46 +0000

After 14 years, a city court in New Dehli finally recorded 86-year old Amar Kaur’s testimony in the case about the disappearances of her son, son-in-law, and their driver. Charges in this case were framed on December 6th, 2006. Amar Kaur alleges that police officer Sumedh Singh Saini, then Senior Superintendent of police, and three other police officers (Sukh Mohinder Singh Sandhu, Paramjit Singh and Balbir Chand Tiwari) were responsible for the disappearances of her son, Vinod Kumar, his brother-in-law, and their driver.

The men were detained for a week between February and March 1994. Their confinement continued until March 3rd, after which they disappeared and were never heard from again. Kaur alleges that the arrests and subsequent disappearances were due to a personal matter rather than anything pertaining to the law. The officers were charged with criminal conspiracy and wrongful confinement.

Fourteen years later, Amar Kaur came by wheelchair to the city court to testify against Saini. She also accused Paramjit Singh of illegally detaining her and her other son-in-law.
 
This is not the only case in which Saini is accused of human rights abuses such as illegal detention and disappearances. He was accused of disappearing Balwant Singh Multani, Navneet Singh and Manjit Singh in 1991. In early July, the CBI registered a case of abduction, illegal detention, and other offenses against him and three other police officers.

“The FIR was registered in pursuance of a Punjab and Haryana High Court order directing the CBI to probe into the elimination of proclaimed offenders in the blast case….”

“After conducting a preliminary inquiry on the high court’s directions, the premier investigating agency has stated in the FIR that Multani was illegally detained before being tortured. He was later shown to have escaped from police custody. Balwant Singh Bhullar was also tortured, but to the extent that he lost his mental balance, the FIR asserted.”

The Punjab & Haryana High Court gave the CBI four months to complete its investigation. In mid-July, however, the Supreme Court stayed the CBI investigation. According to the Tribune, the CBI’s application contained two main points: (1) criminals would use the high court’s order for a CBI inquiry to help themselves, and (2) the police would not conduct a fair investigation against Saini. Regarding (1), the government has routinely used this rhetoric to protest orders. The Ensaaf/HRW joint report, Protecting the Killers: A Policy of Impunity in Punjab, India, states:

In requesting the Supreme Court to rule in their favor [in the Punjab mass cremations case], the Punjab police have attempted to gain sympathy by referencing “the barrage of writ petitions” they are facing:

“It is respectfully submitted that a large number of writ petitions are being filed on bogus charges. Human rights activists are coaxing people and even threatening them to file writ petitions by incorporating concocted facts. Thus the police is unable to rivet its attention against the terrorists in full measure.”

KPS Gill, director general of police in Punjab at the height of the abuses, has led the campaign against police accountability. His writings and speeches have consistently referred to human rights activists as terrorists or agents of Pakistan’s ISI. He has further equated terrorism with the filing of writ petitions.

…In 1997, after SSP Sandhu’s suicide, Gill wrote a letter to Prime Minister IK Gujral, in which he described the legal cases proceeding against SSP Sandhu and other policemen as “an unprecedented and unprincipled inquisition,” “a sustained and vicious campaign of calumny, of institutional hostility and State indifference,” and public interest litigation as “the most convenient strategy for vendetta.

Regarding (2), although Saini’s attorneys argued that the police are biased against Saini, the Punjab police have repeatedly demonstrated their pro-police bias in court cases against police officers.

Despite these accusations, Saini has been promoted many times and has risen from his position in 1994 (Senior Superintendent of Police) to his position now (Director [Vigilance] in Punjab). As for Amar Kaur, justice has to wait yet another day. Further testimony was scheduled to continue on August 14th.

To read more about the origins of this case, go to http://blogs.law.harvard.edu/jaskaran/2006/12/07/charges-framed-against-inspector-general-saini-and-three-officers-i/ .

Ensaaf Resumes Blog

J Kaur — Tue, 19 Aug 2008 05:09:55 +0000

Ensaaf’s blog is resuming after over a year’s hiatus. Stay tuned for coverage on Punjab human rights issues.

Here are some highlights from the past year:

In October 2007, Ensaaf and Human Rights Watch released a joint report, video testimonials, and photo essay. The report, Protecting the Killers, A Policy of Impunity in Punjab, India, examines the challenges faced by victims and their relatives in pursuing legal avenues for accountability for the human rights abuses perpetrated by security forces. The report describes the near total failure of India’s judicial and state institutions to provide justice for victims’ families.

April 2008 marked the four year anniversary of Ensaaf. Some highlights in legal advocacy over the past 4 years include providing litigation support in the Punjab mass cremations case and the cases regarding the murder of human rights defender Jaswant Singh Khalra (the criminal case against six police officers and the High Court case filed against former police chief KPS Gill). All of this and more was reported in the latest newsletter by Ensaaf.

On November 21, 2007, Ensaaf met with the United Nations Working Group on Enforced and Involuntary Disappearances (WGEID) in Geneva, Switzerland, to present general allegations (pdf) against India for its role in perpetrating enforced disappearances in Punjab. The allegations, as well as 32 individual cases jointly submitted by Ensaaf, REDRESS, and the Center for Human Rights and Global Justice, are currently under consideration by the Working Group and were transmitted to the government of India in April.

In its December newsletter, Ensaaf reported how a killer of activist Jaswant Singh Khalra has been scheming his way out of jail, despite receiving a life sentence. As of December, Jaspal Singh had been released from jail 36 times, and had also received 7 weeks of parole. Read more about the convictions of the police officers in the Khalra murder case.

In February 2007, Ensaaf and Human Rights watch published an op-ed in The Asian Age reported that in February 2007, discussing the cost of ignoring human rights violations as Punjabi citizens went to the polls to elect a new government.

Torture main reason of death in police custody: Study

jmarwaha — Thu, 05 Apr 2007 19:08:59 +0000

In March, the Institute of Correctional Administration (ICA), based in Chandigarh, released a report regarding the prevalence of torture among Punjab Police entitled “Custodial Deaths and Human Rights Commission – an analysis of its role and prevention.”

The report’s author Dr. Upneet Lalli, Deputy Director of the ICA, interviewed 150 police officials for the study. Half of the respondents admit that torture is used in interrogations due to social and political pressures. While torture is cited as the leading cause of death in police custody, only 27 percent of respondents say their colleagues feel bad about its use. The report attributes this attitude to the lack of accountability and “almost total immunity” often enjoyed by police. The report also notes a widespread ignorance of the guidelines issued by the National Human Rights Commission on custody-related issues and the relevant Articles of the Indian Constitution condemning torture. The report further remarks: “There seems to be no clear cut message from the top about intolerance to torture.”

The report has been submitted to the Punjab State Human Rights Commission. More information about the report is available from the Tribune News Service.

Punjab State Agencies Respond to Torture Cases

jmarwaha — Thu, 05 Apr 2007 18:20:42 +0000

The Punjab State Human Rights Commission (PSHRC) last month recommended that the Punjab Government pay Rs. 25,000 to a man from Mohali who was allegedly tortured by local police. The Commission determined that the nature of the injuries prima facie suffered by the victim warranted immediate interim relief. According to the Times of India, the victim was brought to the Mohali police station, beaten with a cane, and given electric shocks, after which he was abandoned in Daun village. This case is one of the first instances where the PSHRC has exercised its power to recommend compensation for victims of human rights violations under the recently amended Protection of Human Rights Act (November 23, 2006). However, the Commission cannot compel the government to provide the immediate compensation. Such limitations of the amended PHRA have been criticized by human rights groups. Currently a case of abduction has been registered against three police personnel.

On March 16, 2007, a station house officer (SHO) was suspended for allegedly torturing a woman suspected of theft. According to the Punjabi Tribune the woman was subjected to “third-degree torture” while in police custody, and the officer operated in direct violation of the government’s policy against calling women to police stations for questioning. The SHO refutes the allegations, claiming that the suspect was picked up and brought back to her home by women constables, and she suffered no mistreatment. When the allegations were brought to the attention of Punjab Chief Minister Badal, he directed the Senior Superintendent of Police (SSP) of Amritsar to take strict action. In addition to the suspension, an inquiry has been ordered.

U.S. State Dept. Releases 2006 India Country Report on Human Rights Practices

jmarwaha — Thu, 29 Mar 2007 19:25:36 +0000

On March 6, 2007, the U.S. State Department released its annual Country Reports on Human Rights Practices. According to the State Department, India “generally respected the rights of its citizens; however, numerous serious problems remained.”

Among those serious problems, the State Department cited the lack of progress in holding police and security officials accountable for abuses committed in Punjab during the counterinsurgency campaign from 1984 to 1994. The report noted the limited compensation amounts given to a relatively few individuals, in contrast to the thousands of disappearance cases reported to the Indian National Human Rights Commission (NHRC) and estimated by Ensaaf. The report referenced the NHRC case: “The government has made little progress holding hundreds of police and security officials accountable for serious human rights abuses committed during the Punjab counterinsurgency of 1984-94, despite the presence of a special investigation commission.”

The report also highlights the legal petition calling for the investigation and prosecution of former Punjab police chief KPS Gill for the abduction, illegal detention, torture, and murder of human rights activist Jaswant Singh Khalra, citing Ensaaf in describing the petition. Ensaaf drafted the petition’s international law arguments on the doctrine of superior responsibility, and continues to provide litigation support.

The full country report can be found here.

Claims of False Arrest and Torture

Sat, 13 Jan 2007 00:35:53 +0000

On December 23, 2006, Jalandhar and Ropar police officials arrested three Sikhs, Amolak Singh, Jasvinder Singh, and Parmjeet Singh Dhadi, on suspicion of planning terrorist activities to disrupt next year’s assembly elections in Punjab. Mr. Dhadi, a UK citizen, claims to have been tortured in Jalandhar police custody. They have since been transferred to the high-security Nabha Jail in Punjab.

The circumstances and reasons for the arrests are being challenged by attorneys for the three accused. Punjab police assert that explosives were recovered from the three. They also claim that ammunition was recovered from a straw heap on Dhadi’s farm in the village of Gakhal. However, the Sarpanch (village leader) claims that police never came to the village before making their assertion.

Family members of Mr. Dhadi allege that police beat him with sticks, stretched his legs, and forcibly removed his articles of faith. They also state that he was forced to sign a confessional statement.

December 2006 Issue of Ensaaf DISPATCH

Tue, 09 Jan 2007 23:26:04 +0000

Ensaaf has released the December 2006 issue of its quarterly newsletter, the Ensaaf DISPATCH (pdf). This DISPATCH includes the following articles:

NHRC Issues Final Order: Denial of Truth, Justice, and Reparations

Commission in Amritsar to Identify Remaining Cremations

High Court Stalling Efforts to Prosecute KPS Gill

PHR/Bellevue Respond to NHRC’s Attacks

Police Admit to Faking Over 300 Deaths

Op-Ed by Ram Narayan Kumar

Ensaaf Thanks its Interns

Fatehgarh Sahib police dismissed Gurmeet Singh Pinky, First Police Cat Convicted for Murder

jmarwaha — Fri, 08 Dec 2006 01:31:37 +0000

On September 30, 2006, a court in Yamunagar held Punjab police Inspector Gurmeet Singh Pinky guilty of the murder of Avtar Singh Gola. He surrendered to the Chief Judicial Magistrate of Fatehgarh Sahib on October 16, and was sent to judicial custody in Patiala Jail. Pinky was later sentenced to life imprisonment. Avtar Singh’s father has filed a revision petition, seeking convictions of the other accused, among other things. Pinky was dismissed by the Punjab police, after his sentence was issued.

On January 27, 2001, Pinky shot and killed 21-year old Avtar Singh. Pinky was under the influence of liquor and was quarrelling with Avtar Singh over passage through the street where the Police Inspector resided. The case had to be shifted from Ludhiana, to Chandigarh, to cities in Haryana in order to protect witnesses from police retaliation.

The conviction and sentencing of Gola will hopefully end a long ordeal for Avtar Singh’s family:

Today, four and half years after the incident, Kamaljeet runs a grocery store as her fight for justice had forced her to abandon studies and help her ageing parents to fund the education of her younger sister.

She may well have been studying MBA like her sister today had it not been for the tragedy that struck the family.

After years of struggle — virtually fighting threats to life and property besides turning down settlement offers of nearly Rs 1 crore, allegedly made by the accused — the family is relieved to get justice, finally.

In the mid-1990s, Pinky, a former militant-turned-‘cat’ was inducted into the police ranks. According to Ensaaf’s report “Punjab Police: Fabricating Terrorism Through Illegal Detention and Torture,” Pinky was among the Punjab police officers who were most cited for torturing detainees in 2005. For more about Pinky’s history of illegal detentions and torture, visit: On December 6, 2006, a Delhi court framed charges of criminal conspiracy and wrongful confinement, among others, against Punjab Inspector General of Police Sumedh Singh Saini, and police officers Sukhmohinder Singh Sandhu, Paramjit Singh and Balbir Chand Tiwari in the case of the 1994 abduction, illegal detention and disappearance of two Ludhiana businessmen and their driver. According to the prosecution, in March 1994 Vinod Kumar disappeared from the custody of the Ludhiana Kotwali station, along with his brother-in-law Ashok Kumar and driver Mukhtiyar Singh, after being detained between February 23, 1994 and March 3, 1994. The court notes that evidence gathered from the CBI’s investigation suggests then-SSP Saini wanted Vinod and Ashok Kumar to implicate their family business, Saini Motors, in illegal activities. SSP Saini was in a feud with his relatives Narender and Meenakshi Saini, owners of Saini Motors. The CBI registered the case on April 18 1994 on the orders of the Punjab and Haryana High Court, and filed the chargesheet in May 2000. In 2004, the case was transferred to Delhi on orders from the Supreme Court after a petition by Amar Kaur, mother of Vinod Kumar.

The police officials have challenged the charges, stating that the missing individuals have been on the run since March 1994. On December 15, Saini filed a petition seeking the quashing of the charges. The Court issued notice to the CBI and sought its reply by January 23.

Punjab Government Establishes Committee to Implement Police Reforms Ordered by the Supreme Court

jmarwaha — Fri, 08 Dec 2006 01:18:45 +0000

In late September, the Supreme Court ordered the central government and the states to implement a seven-point directive on police reform, an overhaul of the 145-year-old Indian Police Act. A Punjab committee is charged with the task of drafting a new State Police Act in furtherance of the Supreme Court’s order. The committee is set to conclude its deliberations and submit a report to the Punjab government today, December 7. The directive includes orders to:

1. Create state security commissions, “to ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country.”

2. Establish a two-year minimum tenure for Director Generals of Police (DGPs), and limits on their selection

3. Establish a two-year minimum tenure for other officers in key positions

4. Separate criminal investigation from general law and order patrol

5. Create a police establishment board

6. Set up a police complaints authority

7. Create a National Security Commission.

Members of the committee include the Punjab Principal Secretary of Home and Justice, Principal Secretary of Finance, Principal Secretary to the Chief Minister, the Advocate General of Punjab, Director General of Police and the Secretary of Personnel, and the Inspector General of Police ( HQ), Punjab, as member secretary.

The Director General of Police SS Virk came out in full support of the police officers convicted of the murder and torture of human rights defender Jaswant Singh Khalra in November 2005. Virk’s appointment has been challenged in court because of his role in perpetrating human rights violations during the police counter-insurgency operations of 1984 to 1994. The directions of the Supreme Court must be implemented by December 31. More information on the order, as well as the full text, can be found here.