Reduced To Ashes

SAFHR Paper Series is on contemporary issues of peace and human rights
in South Asia. They are in the nature of long essays and dossiers. Till now
seven papers have been published under the series. They are:
1. Girl Trafficking in Nepal
2. The Mahakali Integrated Development Treaty An Evaluation of
News Coverage
3. Refugees in South Asia A Report
4. Those Accords A Bunch of Document
5. Peace process in Nagaland and Chittagong Hill Tracts - Peace Audit
Report 1
6. Protection of Refugees in South Asia - Need for a Legal Framework
7. Ten-Week War in Kargil - From the News File
8. Peace Process in Sri Lanka - Peace Audit Report 2
9. Reporting Conflict - A Radical Critique of the Mass Media by Indian
and Pakistani Journalists
10. A Complex Denial: Disappearances, Secret Cremations & The Is-
sue of Truth and Justice in Punjab
11. Militarized Hindu Nationalism and the Mass Media
12. Three Essays on Law, Responsibility and Justice
13. The Current History of Peace Politics
SAFHR volumes are results of collaborative research and dialogues among
partners across borders. The four volumes are:
1. States, Citizens and Outsiders - The Uprooted Peoples of South
Asia
2. Living on the Edge Essays on the Chittagong Hill Tracts.
3. Shrinking Space - Minority Rights in South Asia
4. Women, War and Peace in South Asia - Beyond Victimhood to
Agency
5. Open Borders: Women Making Peace A Report
REFUGEE WATCH is a quarterly published by SAFHR on refugees and
forced migrants in South Asia. Published from 1998 in collaboration with its
partner in Calcutta, Calcutta Research group, REFUGEE WATCH covers
news on forced population movements in the region, reflections on sys-
tems and institutions of refugee care and protection of refugee rights, and
carries voices from exile.
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COVER.p65 4/27/03, 10:07 PM 1
Reduced to Ashes: The Insurgency and Human Rights in Punjab
First published, May 2003
Ram Narayan Kumar & Amrik Singh
All rights reserved. Except for quotations in reviews, this book, or parts thereof,
must not be reproduced in any form without permission in writing from the two au-
thors and the publisher. For information, address South Asia Forum for Human Rights,
GPO Box 12855, Kathamandu, Nepal.
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ISBN 99933-53-57-4
Contents
PREFACE - By Peter Rosenblum I
INTRODUCTION - By Tapan Bose II
NHRC CHRONOLOGY IX
JASWANT SINGH KHALRA: A MARTYR FOR HUMAN RIGHTS 1
Part One: Evidence of Mass Illegal Cremations 3
The Abduction of Jaswant Singh Khalra 6
Intervention by the Supreme Court of India 7
Part Two: Narrative History of Punjab and Human Rights Inspirations 11
The Gadhr Movement 11
Communal Movements and Kartar Singh 15
Partition of Punjab 19
Formative Years of Jaswant Singh Khalra 21
Khalras Early Political Activities 24
Indira Gandhis Emergency: Sideshows of a Democracy 27
Incongruous Alliances: the Akalis and Jarnail Singh Bhindrawale 28
Indira Gandhi Moves to Consolidate Power 32
Operation Blue Star: The Army Assault 35
Assassination of Indira Gandhi and Delhi Pogroms 41
Abortion of a Peace Accord 45
Election Hopes 48
Poll Boycott 50
Silencing of Human Rights Groups 52
Early Investigations by Jaswant Singh Khalra 53
Senior Officers Threaten Jaswant Singh Khalra 55
Vitriolic Public Exchanges 57
Assassination of the Chief Minister 60
Part Three: Khalras Abduction and the CBIs Investigation 61
The Identification of the Police Officers 62
Campaign against Human Rights Groups 64
CONTENTS
Reduced to Ashes
Witnesses Face Police Pressure 65
CBI Caves in to Police Impunity 67
Elusive Goals of Justice and Truth 71
IMPUNITY BY ALL MEANS:
RIGHTS AND THE DEAD-ENDS OF LAW 73
Part One: The Search for Truth 75
Election Manifesto 75
Recent Examples of Truth Commissions 76
Paradigmatic Examples: Argentina and Chile 77
Popular Co-Agency
82
Part Two: Legislative Apparatus of Counter-insurgency 83
Draconian Laws 83
Examination of Provisions of TADA 84
Point and Counterpoint: Supreme Court Upholds TADA 87
Subordination of Fundamental Rights to the Will of the State 98
Part Three: Punjab PoliceDevelopment and Reorganization 100
Origins of the Punjab Police 100
Savage Transformations: Allegations of Undercover Operations 102
Police Vigilante Outfits 104
Gurdev Singh Kaunke 107
Police Quotas for Murders: Interview with an SSP 107
Part Four: Peoples Commission and NHRC 108
The Peoples Commission and the Clamour for its Ban 108
Political and Legal Arguments For and Against the Ban 110
Origins of the NHRC 114
Four Phases of the Proceedings: Preliminary Questions 115
Conflicts on the Scope of Inquiry 116
Submissions on the Preliminary Issues 117
The Order on the Preliminary Issues 119
Our Suggestions on the Modalities of Further Proceedings 122
Second Phase: The Union Government Returns to the Supreme Court 123
Arguments in a Vicious Circle 124
Deconstruction of a Mandate 125
The Terms of Reference: New Interpretations 126
Limitations on the NHRC Inquiry 128
Our Understanding of the Mandate 129
The Commission Rejects our Review Application 130
Contents
Third Phase: The Grounds for Moving the Supreme Court 131
The Light of Further Evidence 131
Empyrean Indifference 132
Third Phase: Withdrawal from Hearings 134
Attempts to Close the Matter 137
Fourth Phase: Restoration of the Restricted Mandate 139
Stalled Proceedings 144
METHODOLOGY 147
The Interview Process 150
A Case for Exclusion 151
Integrity in Fact-Finding 152
Interim Report 153
First Volume 157
ANALYSIS OF CASE SUMMARIES 159
The CBIs Three Lists of Illegal Cremations 161
Police Powers 170
The use of TADA and the Notion of Criminality 187
Custodial Torture 182
The Indian Armed Forces 191
Victims Property 197
The Lower Judiciary and Its Role 199
Medical Note 202
SUMMARIES OF CASES OF ILLEGAL CREMATIONS
INCLUDED IN THE CBI LISTS 205
The List of Identified Dead Bodies 207
Cremations in the Police District of Tarn Taran 207
Cremations in the Police District of Amritsar 368
Cremations in the Police District of Majitha 398
The List of Partially Identified Dead Bodies 485
Cremations in the Police District of Tarn Taran 485
Cremations in the Police District of Amritsar 512
Cremations in the Police District of Majitha 520
The List of Unidentified Dead Bodies 535
Reduced to Ashes
ENDNOTE: REFLECTIONS AND RECOMMENDATIONS 601
APPENDICES
i: Press Note on Mass Illegal Cremations 605
II: Incident Report Form 609
III: Maps of Punjab and India 613
IV: Organizational Structure of Punjab Police and 615
Abbreviations of Police Ranks 616
V: December 12, 1996 Supreme Court Order Referring the Matter of
Illegal Cremations to the NHRC 617
VI: NHRC Proceeding of 18 August 2000 621
VII: Glossary 623
Sample Pages from the CBI Lists of Illegal Cremations by
the Police 625
VIII: Acknowledgments 635
T
his report on disappearances in Punjab is the first published piece in a massive
and on-going undertaking by a small group of very committed scholars and
activists. For more than two years, I have followed their work. At first, I wondered
why they were returning to the seemingly settled events of the last decade when
new and pressing conflicts threatened individual liberties and personal security in
India and beyond. I was also skeptical about their ability to pierce through the thick
veils of ideology, intrigue and "state security" that obscure our understanding of the
campaign to pacify Punjab.
My initial skepticism was appeased by the careful methodology of the research-
ers. They systematically collected testimonies from across the region, transcribed
them and invested hundreds of hours correlating these with public statements, docu-
ments, and officials records. I also acquired a better understanding of the many
motivations that animated them: they were not taking sides in a conflict; they did
not expect to change history or right a history of wrongs with a single report. Rather,
they sought to empower the families of disappeared to reclaim their dignity, to
press the institutions of the state to perform their obligations, and to lay the ground
work for an honest retelling of a tragic part of recent history.
This would already be enough to legitimize the project. But current events in
India and the world render the undertaking all the more relevant. When viewed in
the light of police, court and crematoria records, the raw material of this report - the
hundreds of testimonies - raise serious questions about the state's willingness to
honestly address the problem of balancing justice and security. The testimonies tell
a story of detainees cremated after their court ordered release, of "disappeared"
policemen whose names are consistently forgotten, of high-level policemen who
portray a simple story of good vs. evil. Even at a time when TADA reigned su-
preme, the few judicial niceties still required appeared to be too much for the forces
of law and order.
Many of those who designed and implemented the policies in Punjab are still
active today. They are treated as authorities on the subject of terrorism. At a time
of renewed pressure on both courts and police to stop communal violence and pre-
vent terrorism, this report should help enable a full discussion of the costs and
benefits of previous action.
There are many kinds of human rights reports: There are reports that shame,
reports that shock, and reports that inform. Some leave the reader stunned, some
angry, and some simply confused or nonplussed. Can you trust the author? Is the
information objective? Are biases exposed and discussed?
In this case, the reader needn't trust the good faith of the authors or agree with
their stated or unstated opinions. The report presents massive evidence gathered
from families and officials who participated and suffered in the struggles in Punjab.
PREFACE
introduction.p65 4/27/03, 10:05 PM 1
Reduced to Ashes
The very presentation is a rebuke to the National Human Rights Commission that
has advanced so little in the course of its investigation.
The sheer mass of testimonies makes it impossible to dismiss out of hand. If
there are questions about their veracity, it is for the authorities to raise them now. If
even some of the testimonies are true, then the official story must change: it is
impossible to dismiss those who died as simply "terrorists." If the testimonies are
substantially true, then the work of the NHRC and the courts has barely begun
because there are glaring violations of rights to be addressed and responsibility to
be apportioned.
The authors of this report have benefited from the moral support of many people
over the years and the financial support of very few. They have made offices out of
beds and the corners of rooms and turned nights into work days. A good report is a
call to action. They will have succeeded if we, the readers, answer this call.
Peter Rosenblum
Clinical Director
Human Rights Program, Harvard Law School
Boston, MA, December 2002
II
INTRODUCTION
P
unjab, rather the truncated part of the province east of the Pakistani border that
remained with India after the 1947 partition of the subcontinent, is a member
state of the Indian Union. Totally landlocked, it covers 50,000 out of India's 3.3
million sq. kilometers of a diverse geography. Its population of approximately 22
million people is dominated by the Sikhs, a distinct religious community initiated
by Guru Govind Singh in 1699. W. Owen Cole's dictionary of Sikhism defines a
Sikh as "any person who believes in God; in the 10 Gurus; in their principal scrip-
ture known as Guru Granth Sahib; in the Khalsa initiation ceremony and who does
not believe in the doctrinal system of any other religion."
1
Less than 2 per cent of
India's one billion population, the Sikhs constitute more than 62.1 per cent of Punjab's
approximately 22 million people.
Before the partition of 1947, Punjab used to be an overwhelmingly Muslim
province. The communal partition of 1947 and the civil war in its wake, took a toll
of 200,000 to half a million lives by various estimates. In less than four decades of
that traumatic experience, the Sikhs witnessed another spell of a bloody political
unrest. This unrest developed from the Sikh political agitation to obtain a radical
measure of political devolution. By the middle of the 1980s the unrest became vio-
lently separatist and was ruthlessly crushed by the Indian government.
Reduced to Ashes: The Insurgency and Human Rights in Punjab is the final
I have no hope. In ten to fifteen years, we will also sit down and give up.
How much can we do?
-Paramjeet Kaur, wife of Jaswant S. Khalra
Disappeared 6 September 1995
Why doesn't the judiciary take any action against them? These judge-folks,
they know everything. They hear the pain in the voices of the victims and see
the honesty in their eyes. Yet they are helpless . . . it's been six-and-a-half-
years since I've been pushed around, and still I have no relief.
-Mohinder Singh, father of Jagraj Singh
Disappeared 14 January 1995
1
W. Owen Cole and Piara Singh Sambhi, A Popular Dictionary of Sikhism, Curzon Press, London, 1990
Reduced to Ashes
report of the Committee for Coordination on Disappearances in Punjab (CCDP),
which focuses on human rights abuses that occurred in the period from 1984 to
1994. This report, as Peter Rosenblum suggests in the preface, is the "ground work
for an honest retelling of a tragic part of history". It is an attempt to tell the truth
about political killings, enforced disappearances, torture, arbitrary arrests and pro-
longed unlawful detentions that became the stock-in-trade of the anti-insurgency
operations in Punjab. It reveals the complex denial by the state agencies and their
defenders and the institutional participation in the scheme of impunity. It does not
take sides on the political guilt or innocence of the victims; eschews rhetoric and,
significantly, stays clear from the quicksands of political solutions. The report, how-
ever, lays bare the parallelism of the rhetoric of rights and the reality of extreme
human rights abuses that bedevils the Indian democratic paradigm.
It may be asked why another report on Punjab? It could be justifiably argued
that already much has been written about the abuse of human rights in Punjab and
that by raking up all this once again we might jeopardise the process of "healing".
But as we know, the silence of graveyard that obtains in Punjab today is not a
reflection of peace. The enquiry being conducted by the National Human Rights
Commission (NHRC), under the jurisdiction of the Supreme Court, in the disap-
pearances and illegal cremations in Punjab, shows the deep social divisions that is
endangering the prospects of justice and peace in the state. Every attempt to bring
justice to the victims, reform the institutions in order to achieve transparency, struc-
tural equality and democracy has been frustrated by powerful persons linked with
the pervious administration that perpetrated the horrible abuses in the mistaken
belief of defending the integrity of the state. Their demand for amnesty has found
support in the highest quarters of the Indian government. On 19 August 2001, the
union home minister spoke at a function organized by the Hind Samachar group of
newspapers at Jalandhar to announce that the government was "contemplating steps
to provide legal protection and relief to the personnel of the security forces facing
prosecution for alleged excesses during anti-insurgency operations" in Punjab,
Kashmir and the north-eastern provinces of India. According to a report in The
Asian Age, the Union Home Minister indicated "some form of general amnesty"
and suggested that "forces deployed to combat terrorism anywhere in the country
must be given special rights and powers". K. P. S. Gill, former director-general of
Punjab police welcomed the move and, according to a story in The Indian Express,
repeated his charge that the cases against police officers "were based on concocted
evidence by the investigating agencies acting under undue and extra-constitutional
pressures". The Home Minister's announcement was hailed also by the Communist
Party of India (CPI) and the Congress party, which promised to "withdraw all the
cases against the innocent cops" if voted to power. The subsequent state assembly
elections in Punjab returned the Congress to power and its government in the state
is led by Amrinder Singh, the scion of Patiala royalty who converted the issue of
amnesty to police officials into an election pledge. It is in this context and the de-
clared positions on impunity by both the state and the Union government that the
NHRC will have to weigh the evidence of human rights crimes offered in this vol-
ume of the report before proceedings in the matter of abductions leading to illegal
cremations by the Punjab police in Amritsar district
The decade of political violence has left behind a large number of victims who
IV
are still seeking justice. These people are trapped in a web of fear, rumour and
myth. They need to be released from the psychology of the victim-hood. But their
journey from the bewilderment of shattered lives under a complex political con-
spiracy to a position of purposeful survival is not possible without the acknowledg-
ment of what happened. The complex denial of truth not only serves the purpose of
making atrocities invisible, it also makes the experiences of atrocities irrevocable.
It also compromises the process of healing and keeps the state embedded in the
culture of impunity. It is the most serious roadblock in the path of transition from
conflict to sustainable peace, from repression to democracy. As N. J. Kritz has
noted, "the assumption that individuals and groups that have been victims of hid-
eous atrocities will simply forget about them or expunge their feelings without some
form of accounting, some semblance of justice, is to leave in place the seeds of
future conflict."
2
The data contained in this volume shows troubling contributions to police im-
punity at all levels of the state and national government and judiciary. For example,
the Central Bureau of Investigation (CBI), India's premier investigative agency,
failed to seriously and properly investigate the matter of illegal cremations as en-
trusted to it by the Supreme Court in 1995. At the conclusion of their investigation,
the CBI submitted three lists of identified, partially identified and unidentified cre-
mations conducted by the police. These lists reveal several discrepancies. The CBI
failed to identify persons it easily could have identified from complaints filed by
victim families, interviews with them, police records, and press reports; it dupli-
cated records and listed persons who had been cremated by their families, not by
the police; and it failed to properly investigate the cremations of additional persons
reported as having died in the same encounters and also the cremations of others
listed under the same police reports. Thus, it did not go beyond the police records to
examine the actual extent of illegal cremations in Amritsar district.
The report also shows how the police regularly and openly flouted legal proce-
dures for arrest and search. The police failed to respond to families' requests for
information regarding the abducted persons; they extorted money from victim fami-
lies and they travelled outside of their jurisdiction to capture people. The volume
documents the prevalence of custodial torture and traces the patterns of its use against
family members, the police's destruction, expropriation or damage of property be-
longing to victim families and the complicity of the judiciary in ensuring impunity
for custodial torture and death.
The defenders of impunity in Punjab have been vocal against the human rights
litigation that seeks accountability and restitution of hideous abuses of power. On 8
June 2001, K. P. S. Gill published an article in the Hindustan Times titled "Man in
Uniform Demands Justice". The article argued that "those who risked their lives in
the defence of the State" are being subject to "a humiliating process of prosecution
in a multiplicity of cases that were intentionally and maliciously lodged as a
strategy of vendetta by the front organizations of the defeated terrorist movement".
Gill asked: "How long will men continue to fight and to die for India, if no one in
the country speaks for the men in uniform? Can the power of the state survive the
Introduction
2
Kritz, N. J., "Accountability of International Crime and Serious Violations of Fundamental Rights:
Coming to terms with atrocities: A review of accountability mechanism for mass violations of human
rights", Law and Contemporary Problems, fall, 1996
V
Reduced to Ashes
erosion of the confidence and authority of those who protect it?"
This rhetoric of morale and the national security is evidence of attempts to thwart
the process of accountability. In his foreword to a book titled Human Rights and the
Indian Armed Forces, Gill criticised the "systematic adoption of human rights liti-
gation as a weapon against agencies of the State by criminals and by violent groups
who themselves reject democracy and seek the overthrow of lawful and elected
government". According to him: "An overwhelming proportion of public interest
human rights litigation is today being initiated by front organizations of criminal
conglomerates and of virulent underground terrorist movements in a systematic
strategy to harass and paralyse security forces and the police."
3
In this context it is important to note what the El Salvador Commission on Truth
noted in the introduction of its 1993 report: "A situation of repeated criminal acts
may arise in which different individuals act within the same institution in unmistak-
ably similar ways independently of political ideology of the government and deci-
sion makers. This gives reason to believe that the institutions may indeed commit
crimes, if clear-cut accusations are met with a cover-up by the institution to which
the accused belonged and the institution is slow to act when investigations reveal
who is responsible. In such circumstances, it is easy to succumb to the argument
that repeated crimes mean that the the institution is to blame."
4
Clearly it is neces-
sary to prosecute such individuals who formulated, planned and organised grave
human rights abuses in the name of national security. The Nuremberg Trial estab-
lished this principle internationally.
A public knowledge of the truth is therefore necessary not only to release the
victims from the past, it is also required for strengthening the legitimacy of the
healing process initiated by a new regime for augmenting society's commitment to
justice. Without acknowledgement of what has happened, the circle of impunity
and injustice cannot be broken and the impartiality and independence of the judicial
mechanisms -- trials and legal tribunals -- and the rule of law cannot be restored.
Justice is both a means of ensuring accountability for grave human rights abuses
and a preventive, deterrent mechanism.
Outline of the Report
Chapter One of the report, Jaswant Singh Khalra: A Martyr for Human Rights,
explains the origins of the CCDP's work and the early evidence of mass illegal
cremations. It gives a narrative history of Punjab and its human rights inspirations,
intertwining the family history of Jaswant Singh Khalra, and ends with the details
of his disappearance and the on-going trial of the accused officers.
Chapter Two of the report, Impunity by All Means: Rights and the Dead-Ends of
Law, gives a description of the extent and depth of impunity for these human rights
violations. The chapter provides an explanation of the need for a public discourse
3
Air Commodore Ran Vir Kumar & Group Captain B. P. Sharma, Human Rights and the Indian Armed
Forces: A Source Book, Sterling Publishers, New Delhi, 1998, pp. xiv - xv
4
Report of the Commission on Truth, El Salvador, 1993. The Commission on Truth the 1980-1991
Internal Armed Conflict in El Salvador collected information from 2,000 primary sources referring to
7000 victims and information from secondary sources referring to over 20,000 victims of extra judicial
killings, enforced disappearances, torture and hostage taking.
VI
amidst the banning of the privately-established people's commission. Next, it gives
a detailed examination of the legislative apparatus of counter-insurgency. Chapter
Two also discusses the development and reorganization of the Punjab police during
the counter-insurgency operations. This section reproduces an interview with a
senior police official, describing the brutal details of the torture and death of a Sikh
religious leader as well as the patterns and practices of police abuse. The chapter
concludes with an in-depth factual and legal analysis of the on-going proceedings
before the NHRC. This chapter demonstrates how all procedures of law in India
have failed to address the violations of fundamental rights in Punjab and have con-
tributed to police impunity.
While Chapter Three explains the methodology used by CCDP in its investiga-
tive work, Chapter Four analyses the data presented in this volume. It focuses on
explaining trends and highlighting specific examples on the following issues: The
characteristics of the investigation by the CBI; abuse of police powers; implications
of the Terrorist and Disruptive Activities (Prevention) Act, 1987; use of custodial
torture; role of Indian armed forces; violations of property rights; complicity of the
lower judiciary; and the issues of medico-legal ethics.
Chapter Five presents specific information about the personal and political back-
grounds of 672 victims and the circumstances in which the victims disappeared or
were executed before being cremated by the police. All the cases draw from the
CBI's lists being adjudicated before the NHRC and focus on Amritsar district alone
- one out of 17 districts in Punjab. Although this matter of police abductions leading
to illegal cremations was initiated six years ago before the NHRC, the commission
unfortunately has failed to examine a single case of abuse. It has also not heard a
single victim's testimony or deposition.The volume concludes with an Endnote:
Reflections and Recommendations, as well as a collection of appendices.
The CCDP is also simultaneously launching its website: www.punjabjustice.org.
This website not only includes the electronic version of the report, it also has a
searchable database of the CBI's lists of illegally cremated victims, video inter-
views and documents that supplement the collection of materials in the report. We
hope that the CCDP will subsequently release the second volume of its final report,
presenting its investigative material on another 1,190 cases of extra-judicial execu-
tions or disappearances drawn from all of Punjab.
Goals
The victims of political violence are frequently neglected. The governing elite - the
politicians, the bureaucracy and the military tend to forget them. This report is an
attempt to make the victims visible. It lays bare their experiences, expectations and
fears in the hope that they will be acknowledged and the violators punished. This is
central to the moral recovery of the victims and the society as a whole. As J. P.
Lederach points out, "by telling and hearing of these stories, we as a people will be
able to validate the experiences and feelings of the victims, restore their dignity and
assist them to re-enter society as equal partners".
5
Truth telling is the foundation for
Introduction
5
Lederach, J. P., Building Peace: Sustainable Reconciliation in Divided Societies, USIP, Washington
D.C., 1997.
VII
Reduced to Ashes
reconciliation of deep social and political divide. This work is being done by the
truth and reconciliation commissions in many war-torn countries. This is the core
of transitional justice. Experiences of the truth and reconciliation commissions
worldwide underline the importance of truth telling for ensuring that impunity for
violations are broken so that the aspiration of "never again" is realised and national
reconciliation is achieved.
The goals of the South Asia Forum for Human Rights in bringing out this report
are:
To give the victims a voice by presenting their testimonies of human rights
abuse;
To strengthen the NHRC's efforts to move forward in the adjudication of issues
and determination of facts within the mandate in this matter of police abduc-
tions leading to secret illegal cremations in Punjab, which it received from the
Supreme Court in December 1996;
To shift the discourse on human rights in Punjab from the rhetoric to an exami-
nation of the facts and the law;
To create a national memory of mass atrocities based on verifiable records so
that the victims and their deaths do not become obfuscated events;
To encourage the human rights community and other victims of human rights
abuses in India to develop a larger solidarity and the programmatic clarity for
building a human rights culture based on justice;
To ask the international community to intervene to encourage India to fulfil its
obligations to protect fundamental human rights; and
To define issues for further analysis and research.
Tapan Bose
VIII
CHORONOLOGY
16 January 1995: Jaswant Singh Khalra, general secretary of the Akali Dal's
human rights wing, and Jaspal Singh Dhillon released copies of official docu-
ments that showed that security agencies in Punjab had secretly cremated thou-
sands of bodies after labelling them as "unidentified/ unclaimed". It was al-
leged that these were the bodies of those who had been abducted by the police
and the other security forces deployed in Punjab and who had subsequently
disappeared from such custody. The allegations were based on a survey of the
number of missing persons in the district and an investigation of the records of
three crematoria in Amritsar district - one of the 13 erstwhile districts in the
state. The press release asserted that an investigation would reveal a similar
state of affairs at other crematoria in the state. [See Appendix I]
January 1995: Khalra's organisation filed a writ petition in the Punjab and
Haryana High Court, asking for an investigation into the disappearances and the
subsequent cremations. The high court dismissed the petition on grounds that it
was "vague" and that the petitioner organisation lacked the locus standi for fil-
ing such a petition.
3 April 1995: The Committee for Information and Initiative on Punjab (CIIP)
moved the Supreme Court of India, in a writ petition under Article 32 of the
Indian Constitution, to demand a comprehensive inquiry into the allegations of
disappearances and subsequent, illegal cremations by the police in Punjab.
6 September 1995: Armed commandoes of the Tarn Taran police, Amritsar
district, abducted Khalra from outside his house.
7 September 1995: At the behest of Mrs. Paramjit Kaur Khalra, the wife of
Jaswant Singh Khalra, Mr. G.S. Tohra, the erstwhile president of the Sikh
Gurudwara Prabandhak Committee (SGPC), sent telegrams to various people
including one to Justice Kuldip Singh, the then sitting judge of the Supreme
THE MATTER OF POLICE ABDUCTIONS
LEADING TO ILLEGAL CREMATIONS BEFORE
THE NATIONAL HUMAN RIGHTS COMMISSION
Reduced to Ashes
Court of India, complaining about Khalra's abduction.
9 September 1995: Paramjit Kaur filed a regular habeas corpus petition before
the Supreme Court praying that Khalra be produced before the Court.
11 September 1995: Justice Kuldip Singh of the Supreme Court treated the
telegram from Mr. G.S. Tohra, received at his residence, as a petition for a writ
of habeas corpus and directed notice of the petition to the state parties.
15 November 1995: The Supreme Court directed the Central Bureau of Inves-
tigation (CBI), India's premier investigative agency, to enquire into Khalra's
abduction and the facts contained in Khalra's press note of January 1995.
22 July 1996: The CBI submitted an interim report disclosing 984 illegal cre-
mations at a crematorium in Tarn Taran, Amritsar district, between 1984 to
1994. The Supreme Court directed the CBI to continue its investigations and
ordered it to issue a notice to the public at large seeking assistance in its inquiry.
30 July 1996: The CBI submitted a report stating that nine officers of the
Punjab police, acting on the orders of senior superintendent of police (SSP) Ajit
Singh Sandhu, were responsible for Khalra's abduction and disappearance.
The Supreme Court directed the CBI to initiate their prosecution on charges of
conspiracy and "kidnapping with intent to secretly and wrongfully confine a
person".
9 December 1996: The CBI submitted its fifth and final report to the Supreme
Court on the issue of police abductions leading to illegal cremations.
11 December 1996: At the request of the CBI, the Supreme Court ordered that
the contents of the CBI report be kept secret, since further investigation had to
be undertaken by the agency. The Court directed the CBI to undertake the in-
vestigation of all the cases that were required to be registered as a result of the
final report.
12 December 1996: The Supreme Court, in its order, recorded that the final
report by the CBI disclosed that 2,097 illegal cremations were carried out by the
security agencies in three crematoria of Amritsar district. The CBI claimed to
have fully identified 582 of the bodies so cremated, partially identified 278 bod-
ies so cremated and could not identify 1,238 bodies. The Supreme Court di-
rected the National Human Rights Commission (NHRC) "to have the matter
examined in accordance with the law and determine all the issue which are
raised before the commission by the learned counsel for the parties". It made it
clear that "Since the matter is going to be examined by the commission at the
request of this Court, any compensation awarded shall be binding and payable."
[See Appendix 5]
January 1997: The NHRC asked all the parties appearing before it to make
X
preliminary submissions on "the scope and ambit" of the reference made to it by
the Supreme Court and on the "capacity in which the commission functions",
i.e. whether the commission was limited to the powers conferred upon it by the
Protection of Human Rights Act, 1993, or whether it was, for the purposes of
this reference, a sui-generis designate of the Supreme Court, with powers to
adjudicate on the issues entrusted to it by the Court, without being fettered by
the limitations contained in the act.
4 August 1997: After hearing at length all the views placed before it, the NHRC,
in a detailed order on the preliminary contentions, held that it was a sui-generis
designate of the Supreme Court, appointed to carry out the Court's mandate, and
vested with all of the powers of the said Court under Article 32 of the Indian
Constitution. It also concluded that the Supreme Court had referred the whole
matter to the Commission, with no territorial or other limits on the inquiry. On
the same date, by a separate order on "Proceedings", the NHRC stated that in
view of the large number of alleged cremations it would be appropriate to invite
claims by public notice. After ascertaining the extent of culpability or negli-
gence on the part of the state and its authorities, the basis for quantification of
compensation could be formulated, the NHRC stated.
4 September 1997: At the request of the Central government the NHRC stayed
the conduct of the proceedings before it, to allow the Central government to
challenge the 4 August 1996 order by the NHRC.
3 October 1997: A 'clarification petition' was filed by the Union of India before
the Supreme Court querying whether the 12 December 1996 order of the Court
empowered the NHRC to function as a sui-generis designate of the Supreme
Court, untrammelled by the provisions of the Protection of Human Rights Act,
1993. The application also challenged the NHRC's view that the Supreme Court's
order of 12 December 1996 gave it unfettered jurisdiction to investigate human
rights violations in Punjab. It was contended in the application that such an
interpretation would result in "thousands of false claims".
10 September 1998: The Supreme Court dismissed the Union government's
clarification petition and upheld the NHRC's view of the mandate conferred
upon it. The Court held, "In deciding the matters referred by this Court, the
National Human Rights Commission is given a free hand and is not circum-
scribed by any conditions."
13 January 1999: The NHRC passed an order on the 'scope' of the inquiry,
confining its mandate to the alleged unlawful cremation of the 2,097 bodies in
three crematoria in Amritsar district. It rejected the contention that the commis-
sion should take a more expansive view under which 'enforced disappearances',
'extra-judicial executions' and other allegations of human rights violations
throughout the state would be investigated. The NHRC directed its office to
publish public notices inviting claims from legal heirs in a prescribed form. The
claimants were required to state on oath that their kin had been cremated at one
Choronology XI
Reduced to Ashes
of the three cremation grounds in Amritsar district that had been investigated by
the CBI. The notice also indicated that only the cases of persons who filed these
claims would be taken up for consideration.
24 March 1999: The NHRC dismissed the application of the CIIP seeking a
review of the 13 January 1999 order. The commission held that it had adopted
a two-pronged approach on the issue. One, to invite claims from members of
the affected public and the other, to require the state of Punjab to explain each
case of alleged illegal cremation in the crematoria of the three police districts of
Amritsar.
5 August 1999: The NHRC declined the CIIP's application for the disclosure
and inspection of the reports of the CBI, containing the results of the investiga-
tion conducted by the CBI, on the ground that it might hamper "smooth investi-
gation". Meanwhile, the notice issued by the commission in January 1999 had
elicited 88 claims from the public. In its second order of the same date, the
commission directed that copies of these claims be furnished to the state of
Punjab, which would respond by categorising them into 'undisputed' and 'dis-
puted' cases.
24 August 1999: The CIIP applied to the Supreme Court for a clarification on
the mandate conferred upon the NHRC by the Court's order of 12 December
1996. The application stressed that the illegal disposal of bodies was not con-
fined to three cremation grounds in Amritsar, and that the starting point of the
investigation has to be the allegation of disappearance. The CIIP also prayed for
access to the CBI's report.
11 October 1999: The Supreme Court rejected CIIP's application and held that
it was not prepared to interfere with the proceedings being conducted before the
NHRC at that stage.
Thereafter: In an expression of disappointment with the turn of events, the
CIIP withdrew from active participation in the proceedings before the NHRC.
However, it continued to monitor the proceedings.
19 January 2000: Based on a letter from the Punjab government, its counsel
submitted before the NHRC his client's response to the 88 claim petitions re-
ceived pursuant to the public notice issued by the NHRC. The Punjab govern-
ment broke up the 88 claims as follows: In 23 claims it was stated that the body
of the disappeared persons had been cremated in a cremation ground other than
the three specified by the NHRC as falling within the purview of their inquiry in
the matter. These were, therefore, not maintainable. It disputed 47 claims on
several grounds, including for the reasons that these claimants had approached
other fora for compensation or because these cases were being investigated by
the CBI. In 18 cases, the Punjab government offered that it was prepared to pay
Rs. 100,000 each as compensation without admitting liability and without go-
ing into the merits of the claims. Simultaneously, the Punjab government as-
XII
serted that the burden of paying the compensation should be borne by the Cen-
tral government.
18 August 2000: The NHRC, apparently, endorsed the offer of the Punjab gov-
ernment to compensate the 18 families with Rs. 100,000 each (approximately
US$2,000) without admission of wrongdoing or prosecution of officials. The
commission's order states, "For this conclusion it does not matter whether the
custody was lawful or unlawful, or the exercise of power of control over the
person was justified or not; and it is not necessary even to identify the individual
offer or officers responsible/concerned." [See Appendix 6]
On reading the 18 August 2000 order by the NHRC, the CIIP decided that it
had to intervene and, as a first step, travelled throughout Punjab to meet the
families of the 18 disappeared persons to elicit their views on the offer of com-
pensation. All the families unanimously rejected the Punjab government's offer
of compensation without determination of liability and stated so on affidavit.
31 January 2001: The CIIP filed these affidavits before the NHRC, along with
an application pointing out that the case before the commission could not be
narrowed down to the claims received as, by the 19 January 1999 order, the
commission had bound itself to investigate all the 2,097 cremations carried out
at the three cremation grounds in Amritsar district.
15 February 2001: The NHRC reaffirmed its commitment to investigate all the
2,097 cremations, thereby restoring the case to the position that obtained after
the 13 January 1999 order.
20 March 2001: The NHRC directed the CBI to furnish a three part list of the
persons cremated: List 'A' consisting of fully identified persons, List 'B' con-
sisting of partially identified persons, and List 'C' consisting of unidentified per-
sons.
3 May 2001: The CBI furnished copies of the three lists to the parties before the
NHRC. The commission directed the CBI as well as the Punjab government to
make available for inspection all of the material in their custody with respect to
these cremations.
15 June 2001: In a meeting held at the NHRC office, the Punjab government
announced that all the records pertaining to the 2,097 cremations were in the
CBI's custody and they, therefore, had nothing to produce by way of records for
inspection.
23 July 2001: Counsel for the CIIP, along with a member of the CIIP, inspected
the records produced by the CBI. The inspection could not be completed on
that date.
26 July 2001: The CIIP continued with its inspection of the CBI's records, al-
Choronology XIII
Reduced to Ashes
beit under the close scrutiny of over 20 officials from the Punjab government
and the Punjab police. Ostensibly, these officials were also present for inspect-
ing the CBI records. However, their real purpose became clear when one of
them objected to the CIIP being permitted to inspect a particular bundle of files.
The assistant registrar of the commission present immediately stopped the CIIP's
inspection.
8 October 2001:, A joint inspection was carried out under the supervision of R.
Venkataramani, the Amicus Curiae appointed by the NHRC to assist it. This
inspection made it clear that the record produced by the CBI would be of very
little help for two reasons. First, because it was, mostly, illegible, and second,
because the record produced was very sketchy. If this was, as claimed, the
entire record seized by the CBI in the course of its investigations, it was indica-
tive of the poor quality of the investigation done.
29 November 2001: The NHRC called for submissions from the parties sug-
gesting the "points of substance" (issues) to be framed for further proceedings
confined, in the first instance, to the cases of the 582 identified cremations.
4 February 2002: After hearing the parties and the Amicus Curiae, the NHRC
framed four "issues" that "arise for consideration in respect of the fully identi-
fied bodies".
2 September 2002: After a series of postponed hearings, the NHRC met to
resume the proceedings. The Punjab government submitted an application ask-
ing for the reformulation of the "points of substance".
16 September 2002: The Punjab government decided not to press its applica-
tion for a review of the "points of substance" framed by the NHRC. The
commission allowed the state government's prayer for permission to inspect the
documents seized by the CBI and directed that after such an inspection, it should
file affidavits with respect to each of the 582 "identified" cremations by 31
October 2002.
There has not been any hearing in the case since. Justice Verma, the chairper-
son of the NHRC during 2000-2002, retired in January 2003. Justice A.S. Anand
has taken over as the chairperson of the commission in mid-February 2003. Till
the end of February 2003, the Punjab government had filed its affidavits in 102
cases of "identified" cremations.
XIV
Jaswant Singh Khalra: A Martyr for Human Rights 1
JASWANT SINGH KHALRA:
A MARTYR FOR HUMAN RIGHTS
CHAPTER ONE
punjab_report_chapter1.p65 4/27/03, 10:30 PM 1
Reduced to Ashes 2
PART ONE: EVIDENCE OF MASS ILLEGAL
CREMATIONS
The Committee for Coordination on Disappearances in Punjab (CCDP) came into
existence on 9 November 1997 with the following agenda:
(a) To develop a voluntary mechanism to collect and collate information about the
people who have disappeared from all over the state, and to ensure that the
matter of police abductions leading to illegal cremation of dead bodies proceeds
meaningfully and culminates in a just and satisfactory final order;
(b) To evolve a workable system of state accountability, and to build pressure of
public opinion to counter the bid for immunity;
(c) To lobby for India to change its domestic laws in conformity with the UN in-
struments on torture, enforced disappearances, accountability, compensation to
victims of abuse of power and other related matters;
(d) To initiate a debate on vital issues of state power, its distribution, accountability
and to work for a shared perspective on these matters with groups and move-
ments all over India.
The CCDP and its agenda have their origin in the work done by Jaswant Singh
Khalra, the general secretary of the Akali Dals human rights wing. In the year
1995, Khalra worked to initiate the public interest litigation on what has come to be
known as the matter of police abductions leading to secret cremations in Punjab.
Khalra disappeared following his abduction by armed commandos of the Punjab
police on 6 September 1995.
In January 1995, Khalra released some official documents claiming that the
security agencies in Punjab had been secretly cremating thousands of bodies la-
beled as unidentified. Khalra suggested that most of these cremations were of those
people picked up illegally by the Punjab police for interrogation about their links
with the separatist movement that had plagued the state from 1984 to 1994. The
evidence produced by him to substantiate these charges consisted of entries made
in the firewood purchase registers maintained at three crematoria in Amritsar dis-
trict when the police officials came with the bodies and purchased 300 kilograms of
wood required to burn a single body. Khalra went with these records to the Punjab
and Haryana High Court through a writ petition to ask for an independent investi-
gation.
1
But the court dismissed the petition, remarking that the petitioner had no
locus standi in the matter. This was an extraordinary ground for the high court
Reduced to Ashes 4
1
Criminal Writ Petition No. 990 of 1995.
2
S. P. Gupta Vs Union of India, 1981 Supp. SCC 87 AIR 1982 SC 149.
3
Forwarded Construction Vs Prabhat Mondal, 1986 (1) SCC 100: AIR 1986 SC 39; S. P. Gupta Vs
Union of India, Op. Ct.).
4
D. C. Wadhwa Vs. State of Bihar, AIR 1987 SC 579: 1987 (1) SCC 378; Seonandan Paswan Vs. State
of Bihar, AIR 1987 SC 877: 1987 SCC (Cri) 82: 1987 (1) SCC 288: 1987 Cri LJ 793; Peoples Union
for Democratic Rights Vs. Union of India, 1982 (3) SCC 235; Mukesh Advani Vs State of MP, 1985 (3)
SCC 162: 1985 SCC (L & S) 655; State of Himachal Pradesh Vs. Parent, SCC 169: AIR 1985 SC 910;
MC Mehta Vs. Union of India, AIR 1985 (1) SCC 395; Upendra Baxi Vs State of UP, 1986 (2) SCC
146.
Article 32 (1) of the Indian Constitution says: (1) The right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
Article 226 (1) says: Notwithstanding anything in Article 32, every high court shall have powers,
throughout the territories in relation to which it exercises jurisdiction, to issue to any person or
authority, including in appropriate cases, any government, within those territories directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other
purpose.
5
P. Gupta Vs Union of India, 1981 Supp. SCC 87 AIR 1982 SC 562.
6
Sheela Barse Vs. State of Maharashtra, AIR 1983 (SC) 378.
7
I refers to Ram Narayan Kumar
to dismiss a petition that revealed violations of fundamental human rights of so
serious a nature and at such a wide scale.
In 1981, Justice P. N. Bhagawati of the Supreme Court of India defined public
interest litigation as its strategic arm to bring justice within the reach of the poor,
vulnerable masses and helpless victims of injustice.
2
Discussing the question of
locus standi in public interest litigation, the Supreme Court has ruled that any citi-
zen with sufficient knowledge and interest could claim standing in litigations un-
dertaken for the purpose of redressing public injury, enforcing public duty or vindi-
cating public interest.
3
It is under this principle that the Supreme Court and the high
courts have been treating even newspaper reports, letters and telegrams received
from citizens on a diverse range of issues involving fundamental human rights as
petitions under Article 32 and 226 of the Indian Constitution, which lay down clear
obligations on the higher judiciary to protect and enforce respect for human rights.
4
In a case known as the Judges Transfer Case, the Supreme Court had actually
turned the doctrine of locus standi on its head by ruling that the public interest
litigation required absence of personal interest.
5
In Sheela Barse Vs the State of
Maharashtra, arising from a journalists discovery of the sorry plight of a mental
asylum inmates, the Supreme Court actually disallowed the petitioner from with-
drawing the case by ruling that as she was not the injured party, the Court had to do
a follow-up on the case till the rights of the victims had been fully restored.
6
The
dismissal of Khalras petition by the high court, against the established principles
of public interest litigation, indicated the difficulties of applying the rationality of
law and respect for facts in the face of political prejudice and the rhetoric of na-
tional interest that considered the issues of human rights in Punjab to be irrelevant.
Following the dismissal, I
7
, along with Khalra, traveled extensively in Amritsar
to review and corroborate the evidence he had gathered. I talked to the attendants
8
Committee for Information and Initiative on Punjab Vs the State of Punjab and others, Writ Petition
(Crl.) No. 447/95.
9
Para. 1 of the petition.
10
Ibid.
of the cremation grounds, the doctors who had conducted post-mortems and also
the relatives of victims who furnished the necessary evidence to establish linkages
between the disappearances and illegal cremations. The attendants of the cremation
grounds told me that the police often bought firewood for one or two bodies but
dumped many more on a single pyre. The chief medical officer (CMO) of a civil
hospital in the district confessed that the procedure of post-mortem had been sim-
plified to the extent that it meant no more than filling a paper announcing the cause
and the time of death, with the policemen providing the information.
The CMO also gave gruesome details of Sarabjit Singhs post-mortem. On 30
October 1993, police officials brought the supposedly dead body of Sarabjit Singh
to the hospital for a post-mortem. A doctor at the hospital found out that the man
with a bullet injury to his head was still breathing. Thereafter, the police officers
took the injured Sarabjit Singh away, came back with his corpse, and forced a dif-
ferent doctor to fill in the autopsy report. I was also able to interview many serving
and retired police officers who, on condition of anonymity, provided detailed nar-
ratives of summary executions and illegal cremations as part of a strategy to weed
out the Sikh separatist militancy.
On the basis of these investigations, the Committee for Information and Initia-
tive on Punjab (CIIP) moved the Supreme Court to demand a comprehensive in-
quiry.
8
Drawing the attention of the Court to the problem of disappearances in
Punjab, the petition claimed that the Punjab police had carried out illegal cremation
of thousands of unidentified bodies throughout the state.
9
The petition went on to
affirm that over 3,000 families of the district of Amritsar alone have one or more
disappearance to report. To show what might have happened to them, the peti-
tion furnished the records of wood purchase made by the police officials at Durgiana
Mandir and Patti cremation grounds of Amritsar district. The fourth paragraph of
the petition said: What is being talked about is the systematic and sustained policy
of murder/extra- judicial execution and disposal of bodies by the police all over the
state. These bodies were cremated as unidentified not because their identities were
not known or not knowable or because there was no one to claim the dead, but as a
matter of deliberate policy.
The petition then pointed out that the Punjab Police Rules, under rule 25.38 of
chapter XXV, clearly stipulated an elaborate procedure to be followed before cre-
mating unidentified bodies. The rules of the Criminal Procedure Code (CrPC) also
prescribed the course of action to be followed in case of death in any unnatural
manner. The police had not followed these rules and procedures mandatory under
the law. The petition concluded its substantive part by declaring that cremations
explained only some disappearances since the reports about the recovery of bod-
ies from all of the major and minor canals, published in several newspapers, showed
that the police had been getting rid of the bodies through other ways too. The peti-
tion demanded a comprehensive inquiry also on the ground that the families of the
people who had disappeared had the right to receive concrete information about the
Reduced to Ashes 6
fate of their loved ones after the police illegally took them away.
10
Following a preliminary hearing, the Supreme Court asked the CIIP to first
establish a real connection between the complaints of police abductions and reports
on illegal cremations. It was a difficult task since relatives of the victims did not
know what happened after the police abducted the victims and their disappearance.
However, the CIIP was able to file an affidavit of Baldev Singh that compellingly
established the connections between the abductions, disappearances and secret dis-
posal of bodies. The affidavit recounted the following experiences of a desperate
father after the police abducted his son from a cinema hall in Amritsar city on 19
September 1990:
Sixty-five-year-old Baldev Singh from Amritsar had retired from 9 Punjab Regi-
ment of the Indian Army after suffering serious injuries during the war with Paki-
stan in 1965, which he fought at Poonch sector in Jammu and Kashmir. Baldev
Singhs eldest daughter Manjit Kaur had been Indias star female weight-lifter,
earning 19 gold medals. She had also represented India in many international events,
including the Asian Games held in Beijing. His youngest son, 25-year-old Pragat
Singh, earned his livelihood by running a dairy farm. The police began to harass
him, picking him up for interrogation and torturing him in illegal custody. Unable
to put up with the harassment, Pragat Singh ran away from home but was arrested
on 19 September 1990 while he was watching a film along with his cousin Chayan
Singh at Sandhu Talkies, a cinema hall in Amritsar.
On 5 November 1992, newspapers reported Pragat Singhs death in a supposed
armed encounter with the police near Raja Sansi, a suburb of Amritsar. Baldev
Singh spoke to an employee at the General Hospital in Amritsar where the post-
mortem of the body had been conducted. The employees description of the body
matched Pragat Singhs.
Baldev Singh reached Durgiyana Mandir cremation ground just as the police lit
the pyre. The head was already burning, but the rest of the body was still intact.
Although Baldev Singh was allowed to carry the ashes for the last rites, the abduc-
tion and the illegal cremation of Pragat Singh remained officially unacknowledged.
Baldev Singhs affidavit also said that his daughter Manjit Kaur was so traumatized
by the incident that she decided never again to represent India in any competitive
sport.
After receiving the affidavit, the Supreme Court admitted the petition and
issued notice to the Punjab government.
The Abduction of Jaswant Singh Khalra
On 6 September 1995, around 9:20 a.m., armed commandos of the Punjab police
kidnapped Jaswant Singh Khalra while he was washing his car, outside his home at
8, Kabir Park, Amritsar. Four of the abductors, who came in a blue-colored Maruti
van, were wearing Punjab police uniforms and armed with automatic weapons.
Rajiv Singh Randhawa, a local journalist and Khalras friend, was visiting Khalra
that morning and witnessed the abduction. The journalist identified three persons in
a police jeep behind the blue van as deputy superintendent of police (DSP) Ashok
Kumar, SHO Surinderpal Singh of the Sarhali police station and Prithipal Singh,
11
The SGPC, which controls the management and the liturgy of all of the historical Sikh shrines, is a
powerful organization elected by all Sikhs as their religious parliament.
head constable of the Manochahal police station.
Jaswant Singh Khalra had for some time been receiving direct and indirect threats
from the police officials of Amritsar district, particularly from Tarn Tarans senior
superintendent of police (SSP) Ajit Singh Sandhu. The latter had warned that un-
less Khalra ceased his involvement in the matter, he would also become an uniden-
tified body. Although Khalras friends and associates, including then president of
the Shiromani Gurudwara Prabandhak Committee (SGPC) and senior Akali leader
Gurcharan Singh Tohra, advised him to leave the scene for a while, he refused to
cower under threats and decided to continue with human rights work in his native
region.
Rajiv Singh Randhwa, the eye-witness to Jaswant Singh Khalras abduction,
immediately telephoned Mrs. Paramjit Kaur Khalra, who worked as a librarian at
the Guru Nanak Dev University in Amritsar, to inform her about it. On the way to
the library, which is at five minutes of walking distance from her house, she had
noticed a police vehicle parked at the end of the street by her house and had also
recognized SHO Jasvir Singh of Manochahal police station and SHO Surinderpal
Singh of Sarhali police station in Tarn Taran who were standing near the vehicle.
After receiving the telephone call, Paramjit Kaur Khalra rushed home and together
with Rajiv Singh Randhawa went to Islamabad police station to lodge a complaint
about the abduction. The police refused to register her complaint. She then went to
meet inspector-general of police (IG) D. R. Bhatti who promised to make inquiries.
When Paramjit Kaur, accompanied by several sympathizers went to him again
on September 7 morning, the IG claimed to have failed to obtain any information
about her husbands abduction. Mrs. Khalra then went to the office of the SGPC
11
within the Golden Temple complex and met with its president Gurcharan Singh
Tohra, who immediately sent a telegram addressed to Justice Kuldip Singh of the
Supreme Court.
Intervention by the Supreme Court
On 11 September 1995, Justice Kuldip Singh passed an order to admit Tohras
telegram as a habeas corpus petition and issued notice to the officials of the Punjab
government instructing them to either produce Jaswant Singh Khalra or account for
his whereabouts within a week.
Amritsars superintendent of police (SP) Sukhdev Singh Chhina filed an affida-
vit claiming that Khalra was not wanted in connection with any case and that the
police had not arrested him. Other officials filed affidavits declaring that the Punjab
authorities were making all efforts to trace Khalra. They also claimed that he might
have become a victim of inter gang rivalries and a rival group of militants may have
taken him away. SSP Ajit Singh Sandhu of Tarn Taran filed a statement denying
that he had ever threatened Khalra. Meanwhile, Paramjit Kaur Khalra had also filed
a regular petition for a writ of habeas corpus, giving a detailed description of the
Reduced to Ashes 8
12
Equivalent of the Federal Bureau of Investigation in the USA, the CBI is the premier investigative
agency created in 1963 under the Union home ministry. It comprises approximately 5,000 handpicked
police officials from various police cadres in the country. An offshoot of the Delhi Special Police
Establishment created by the British government during the second world war to investigate
allegations of kickbacks and corruption connected with heavy defense purchases, the CBI remained
an anti-corruption organization in its initial years. Later, it began to investigate offences relating to the
Indian Penal Code specially notified by the Central government. As the National Crime Bureau, the
CBI also coordinates with the International Criminal Police Organization [ICPO] more commonly
known as Interpol and other international police agencies. The CBI also maintains the Central Forensic
Science Laboratory, separate ballistic and polygraph divisions and the Central Fingerprints Bureau at
Calcutta.
Given its reputation for high standards of efficiency, integrity and impartiality, the Supreme Court has
been using the CBI to investigate high-profile and politically sensitive cases involving corruption in high
places. The trend started with the investigation of the Bofors deal in 1990, initiated under Prime
Minister V. P. Singh, under allegations that former Prime Minister Rajiv Gandhi and his close
associates had received heavy kickbacks from the Swedish armament company. Other sensational
cases investigated by the CBI include the case of bribing members of Parliament by Prime Minister
Narasimha Rao, the St. Kitts case, Lakhubhai Pathak case also implicating Prime Minister Rao and
the Jain Hawala case that incriminated a host of important politicians across party lines in accusations
of receiving illegal funds from dubious sources.
Joginder Singh, a Sikh Indian Police Service [IPS] officer of Karnataka cadre, was the director of the
CBI when the Supreme Court referred the matter of illegal cremations to the agency. Harbans Singh,
CBI File, Roli Books International, New Delhi, 1987; Harbans Singh, The CBI File-2, Dehradun, 1989;
Joginder Singh, Without Fear or Favour: An Autobiography, Kaveri Books, New Delhi, 1998; Joginder
Singh, Inside the CBI, Chandrika Publications, New Delhi, 1999; Joginder Singh, Outside the CBI,
Gyan Publishing House, New Delhi 1999.
abduction on the basis of eye-witness accounts.
On 15 November 1995, Punjabs advocate-general requested the Court to hand
over the investigation of Khalras abduction and disappearance to the Central Bu-
reau of Investigation (CBI) as the police inquiries were getting nowhere.
12
Accord-
ingly, the Court directed the CBI to appoint an investigation team under a respon-
sible officer. The Court also took note of the allegations regarding police abduc-
tions, disappearances and illegal cremations, made by Jaswant Singh Khalra in a
press release dated 16 January 1995. In its 15 November 1995 order instituting
these inquiries, Justice Kuldip Singh observed: In case it is found that the facts
stated in the press note are correct even partially it would be a gory-tale of
human rights violations. It is horrifying to visualize that dead bodies of larger num-
ber of persons allegedly thousands could be cremated by the police unceremo-
niously with a label unidentified. Our faith in democracy and rule of law assures
us that nothing of the type can ever happen in this country but the allegations in the
press note horrendous as they are need thorough investigation. We, therefore,
direct the director, CBI to appoint a high powered team to investigate the facts
contained in the press note dated 16 January, 1995. We direct all the concerned
authorities of the State of Punjab including the DGP to render all assistance to the
CBI in the investigation The CBI shall complete the investigation regarding the
kidnapping of Khalra within three months So far as the second investigation is
concerned, we do not fix any time limit but direct the CBI to file interim reports
after every three months.
It is important to notice that the Courts order did not set any limit to the inquiry;
territorial, numerical or by the mode of disposal of corpses. It only talked about the
gory tale of human rights violations, the horrendous allegations and the need to
investigate the facts contained in the press note. Following this order, fulfilling the
plea for a comprehensive inquiry, the CIIPs petition 447/95 was also transferred to
the same bench of the court under Justice Kuldip Singh. Hereafter, both the peti-
tions were heard simultaneously.
On 22 July 1996, the CBI submitted an interim report disclosing 984 illegal
cremations at Tarn Taran from 1984 to 1994. The CBI also asked for the court
to order registration of three separate criminal cases against the police officials
with respect to three deaths under suspicious circumstances. The Court ordered
the CBI to register the cases. It also directed the investigative agency to issue a
general notice to the public at large to assist in the inquiry. The Courts order
dated 22 July 1996 said: Since a large number of bodies have been allegedly
disposed of by the police, it may be necessary to seek assistance from the
public at large. We direct the CBI, in the course of enquiry to issue a general
direction to the public at large that if any person/authority/government
office has any information/material which may be of any assistance to the
CBI in the enquiry in this matter, the same shall be placed before the CBI. We
direct Mr. P. S. Sandhu, DIG (border) to hand over all the relevant records to
the CBI immediately.
On 30 July 1996, the CBI submitted its report on Khalras abduction and disap-
pearance, holding nine officers of the Punjab police under SSP Ajit Singh Sandhu
responsible. At the CBIs request, the Court directed their prosecution on charges
of conspiracy and kidnapping with intent to secretly and wrongfully confine a
person. The Court also directed the chief secretary of Punjab to sanction their
prosecution within three weeks of the order. The sanction order dated 19 August
1996 elucidated the CBIs findings that established the criminal conspiracy to ab-
duct Jaswant Singh Khalra. The sanction order pointed out that on 24 October
1995, 48 days after his abduction, Khalra was seen in illegal detention at Kang
police station, by one Kikkar Singh who was also detained there illegally. The
sanction order mentioned that Kikkar Singh witnessed injuries on Khalras body,
the evidence of his custodial torture. It went on to say that Kikkar Singh helped
Khalra eat before he was taken away from the Kang police station, never to be seen
again. Kikkar Singhs illegal detention from 14 October to 11 November 1995, as
elucidated in the governors sanction order, was independently corroborated by an
inquiry conducted by the chief judicial magistrate of Chandigarh, relied on by the
High Court of Punjab and Haryana to grant him monetary compensation. The evi-
dence on record in the governors order of sanction confirmed serious offences
under sections 302, 364, 346, 330, 331 and 120 of the Indian Penal Code (IPC).
13
However, the offenders were arrested only under section 365 of IPC which is kid-
napping with the intent to secretly and wrongfully confine a person, a woefully
insufficient charge in the face of evidence that proved kidnapping with the intent to
murder, illegal confinement, custodial torture and custodial murder. Subsequently,
former special police officer Kuldip Singh, who was attached to the Kang police
station told the CBI that Khalra was tortured and then shot dead in the night
of 24 October 1995. His body was dismembered and thrown in river Sutlej near
13
Governors Order of Sanction, No. 11/237/96-3H(I)/Spl.942, dated 19 August 1996.
Reduced to Ashes 10
14
The Supreme Court of India, Court No. 2. Record of Proceedings, in the matter of W. P. (Crl.) 497 of
1996, Paramjit Kaur Vs. State of Punjab and Ors. Order dated 7 August 1996.
15
Paramjit Kaur & Committee for Information & Initiative on Punjab, Vs. State of Punjab, Writ Petitions
(Crl.) Nos. 497/95 and 447/95, Order dated 12 December 1996.
Hari Ke Pattan.
None of these facts, described in the sanction order and Kuldip Singhs testi-
mony, were known to the court, which had presumed Khalra to be alive, when it
ordered the prosecution of the officials on 30 July 1996. On 7 August 1996, the
court also directed the Punjab government to pay one million rupees as interim
compensation to Mrs. Khalra. The courts order said: The fact remains that the
abductors are keeping Khalra away from his family since 6 September 1995. Kid-
napping of a person whose family is totally in dark about his whereabouts even
about the fact whether he is alive or dead is the worst crime against humanity.
Under such circumstances, we direct the Punjab government to pay a sum of Rs. 10
lakh as interim compensation to Mrs. Paramjit Kaur, wife of Mr. Jaswant Singh
Khalra. In case the police officers are convicted, the State of Punjab can recover the
amount from the police officers
14
The CBI launched a prosecution against SSP Ajit Singh Sandhu and others un-
der section 365 of the IPC, i.e. kidnapping with the intent to secretly and wrong-
fully confine a person, a balefully insufficient charge in the face of the evidence
proving kidnapping with the intent to murder, illegal confinement and custodial
torture. On 16 November 1996, the district and sessions court in Patiala released
SSP Sandhu on bail.
On 10 December 1996, the CBI submitted its final and fifth report on the
larger issue of police abductions and illegal disposal of the bodies. The Court
decided to keep its full contents secret, as urged by the CBI officials on the
ground that further investigations would be hampered by the publication of the
report. However, the Courts 12 December 1996 order disclosed 2,098 illegal
cremations including 582 fully identified, 278 partially identified and 1,238
unidentified, carried out by the state agencies at three crematoria of Amritsar
district, one of Punjabs 17 districts. Presumably, the CBI obtained these fig-
ures by investigating the records the CIIP had furnished to substantiate its alle-
gations. The Supreme Court observed that the report discloses flagrant viola-
tion of human rights on a mass scale. Instructing the CBI to investigate crimi-
nal culpability and to submit a quarterly status report on its progress, the Courts
12 December 1996 order said: We request the National Human Rights Com-
mission (NHRC) through its chairman to have the matter examined in accor-
dance with the law and determine all the issues which are raised before the
NHRC by the learned counsel for the parties. Since the matter is going to be
examined by the NHRC at the request of this Court, any compensation awarded
shall be binding and payable.
15
Six years have passed since the Supreme Court referred the matter to the NHRC.
However, there has been no meaningful progress even as the CCDP tried, under
considerable difficulties, to assist the NHRC in its task with its documentation work
through the CIIP based in Delhi.
PART TWO: NARRATIVE HISTORY OF PUNJAB
AND HUMAN RIGHTS INSPIRATIONS
Before going into the six-year-long history of the proceedings before the National
Human Rights Commission (NHRC), we shall interrupt the narrative to ruminate
over some experiential and inspirational elements of Jaswant Singh Khalras life
that prompted him to sacrifice his life for the cause of justice and human rights in
Punjab. The reflection, apart from being a tribute to his memory, should help the
reader understand the historical context of the work undertaken by the Committee
for Coordination on Disappearances in Punjab (CCDP). The biographical refer-
ences are derived from our conversation with Khalras parents, his wife, friends
and associates.
Jaswant Singh Khalra was born in 1952 in Khalra village of Amritsar district,
situated on Indias border with Pakistan in a Punjab divided between the two coun-
tries at the time of the Independence in 1947. Khalra village was a part of the larger
parish called Pathana that was divided between India and Pakistan. For the Sikhs,
the village was very important because of a shrine believed to have been constructed
by the first Sikh guru, Guru Nanak. Remnants of the shrine can still be found there.
The original Sikh inhabitants of the village claim their descent from a group of
Sandhu Sikhs who, in 1714, had captured the region. They were members of the
peasant militia of Banda Singh Bahadur, converted to Sikhism by the last Sikh
guru, Guru Govind Singh, before his assassination in 1708. Banda Singh Bahadur
led a peasant uprising in Punjab in the last seven years of his life to irreversibly
destroy the faade of the Mughal empire already on a decline. An ancestor of the
Khalra family, Sardar Surat Singh, was the leader of the group. A monument that
commemorates his bravery and leadership is still exists in the village.
The Gadhr Movement
Jaswant Singhs grandfather Harnam Singh had migrated to Shanghai before the
outbreak of the first world war in 1914. There, he became involved with a group of
Indian revolutionaries under Gurdit Singh, originally from Sarhali village in Amritsar
district and the founder of a group called Ghadr, meaning revolt, that aimed to
overthrow the British rule in India. Gurdit Singh was based in Singapore and was a
confident of Har Dayal who had escaped to the United States after making an abor-
tive bid to assassinate Viceroy Hardinge on 23 December 1912 in Delhi. On that
day, Delhi was witnessing a gala celebration to mark its new status as Indias Capi-
tal city and the viceroy was riding an elephant in a commemorative parade when an
acid bomb, thrown by a bystander, exploded against his saddle, killing an Indian
attendant. Hardinge only suffered minor injuries. The assassins managed to escape.
16
16
Richard J. Popplewell, Intelligence and Imperial Defence: British Intelligence and the Defence of the
Indian Empire, 1904-1924, Frank Cass, London, 1995, pp. 80-81.
Reduced to Ashes 12
17
Enclosures of a letter to the Secretary of State for India, No. 179, 15 Nov., 1887, Memorandum on the
Formation of an Intelligence Department under the Government of India, Cross Papers, IOLR Mss.
Eur. E. 243/23; extract of a letter from Colonel Henderson, Superintendent of Thugee and Dacoity to
Secretary, Foreign Department, on the supposed interest taken by the Sikhs in Dulip Singhs
movements, June 1887, Cross Papers, IOLR Mss. Eur. E. 243/22 quoted in Richard J. Popplewell,
ibid., pp. 22-25.
18
Quoted in J. M. Brown, Modern India: The Origins of an Asian Democracy, OUP, 1985, p. 100
19
Mss. Eur. D. 573/84, Letter dated 8 December 1908, LOR:L.
20
Note by the Home Department on Letter from the government of India, No. 91-p, dated 8 January
1910, HAD April 1910, nos. 59-62, quoted in Richard J. Popplewell, ibid, p. 110.
These revolutionary groups, that had begun to coordinate their strategies and
operations in the wake of the movement to oppose Bengals partition in 1905,
were now taking inspiration from the radical political ideologies and anarchist
movements in the western countries. One of their objectives was to use the racist
propaganda and anti-immigration laws in Canada and North America to convert
ordinary peasant Sikh immigrants from Punjab to join the anti-imperialist move-
ment. Their apparent success required the government to reorganize its intelli-
gence operations on a global scale, embracing India, Britain, several other coun-
tries in Europe, North America and the Far East. Punjab had taken an early lead in
setting up a special branch in 1876 to receive and distribute secret information of
political nature. The work from Punjab was very useful and allowed the govern-
ment to monitor and curb political sedition without having to follow extensively
repressive measures, of which the authorities were generally wary.
17
As early as
1881, Viceroy Ripon wrote: I hold as strongly as any man that we must be care-
ful to maintain our military strength; but, whatever may have been the case in the
past, we cannot now rely upon military force alone; and policy as well as justice,
ought to prompt us to endeavour to govern more and more by means of, and in
accordance with, that growing public opinion, which is beginning to show itself
throughout the country.
18
But violent unrest assumed serious proportions after the Bengal partition and
required efficient handling. In those days, the police did not fake encounters;
revolutionaries were deported. Even then the question of evidence, as the following
letter from John Morley, the Secretary of State for India from 1905 to 1910, shows,
was a matter of scrutiny: ...Of course, I know that you will take all possible pains
not to seize wrong men... Your evidence which is to reach me soon, will be scanned
by me with a sharp eye.
19
In January 1910, the Bengal government asked the
viceroy for permission to deport Noni Gopal Sengupta, whom the intelligence agen-
cies had identified as the main terrorist, although the police had failed to catch him
in the act. The Government of India replied that it did not regard deportation as a
proper and permissible substitute for good police administration.
20
Even to place a
suspect under police surveillance, the government had to have enough evidence to
justify the measure. In early 1909, the director of the Criminal Intelligence Depart-
ment (CID) placed a well-known nationalist leader called Gopal Krishna Deodhar
under surveillance when he went to the United Province. Deodhar was associated
with Lala Lajpat Rai, a radical leader from Punjab involved in the anti-partition
movement. When Deodhar complained, the local government sided with him on
the ground that the CID did not have sufficient evidence to justify his surveillance,
which had to be withdrawn.
21
The officials felt exasperated. One senior officer
complained: The criminal intelligence departments are frequently subjected to
attacks both from friends and foes; on the one side for their failure to detect the
central organization which is supposed to exist and, on the other, for alleged need-
less and excessive attention paid to imaginary and innocent suspects and to societ-
ies and religious organizations, which are ostensibly and professedly harmless it
is quite impossible to keep a watch over the individuals and institutions that must be
watched, and yet avoid at all times the occurrence here and there of some vexatious
action by blundering subordinates.
22
Developments in Punjab, a strategic province because of its border with Af-
ghanistan and the primary recruiting ground for the Indian Army, particularly alarmed
the authorities.
23
Madan Lal Dhingra, who killed William Curzon Wyllie in Lon-
don, was a young lad from Punjab. He had been recruited for the task by Shyamji
Krishnavarma, a wealthy merchant from Bombay who had come to Britain in 1897
to set up the Indian Home Rule Society. By 1909, three other prominent Indian
revolutionaries, Bipin Chandra Pal, G. S. Khaparde and Vinayak Damodhar Savarkar
were operating from London. All of them were openly advocating revolutionary
uprising. The Director CID received reports that members of the India House were
practising revolver shooting at a range near Tottenham Court Road and Dhingra
himself had been seen at a practice session on the evening of the assassination.
24
The Sikhs who went to British Columbia and North America were getting in-
volved in more fearful initiatives. After his failed attempt to assassinate Viceroy
Hardinge, Har Dayal had escaped to North America to start a newspaper called
Ghadr from San Francisco. David Patrie, Delhi representative of the Director of
CID, called him the presiding genius of the organization and spent lot of time and
effort to convince the authorities to take legal action against Har Dayal for his role
in revolutionary conspiracies. The American authorities arrested him in February
1914. But Har Dayal jumped bail and fled to Switzerland. Soon, he would be
parleying with the German government for support to the revolutionary cause
in India.
25
Jaswant Singh Khalras grandfather Harnam Singh and Gurdit Singh began to
work closely from the Far Eastern arena. In May 1914, both of them arrived at the
port of Vancouver with 376 Sikh immigrants in a passenger ship called Komagata
Maru. Immigrants were refused permission to land, and the ship was compelled to
return to Calcutta, arriving there on 27 September 1914. The British government in
India was keen to conciliate the Sikhs and proposed to send an officer to welcome
21
Notes in the Criminal Intelligence Department (CID), signed C. J. Stevenson-Moore, 22 March 1909, in
discontinuance of police surveillance over Pundit Gopal Krishna Deodhar and modification in the
procedure by which persons are placed under surveillance by orders from the director, CID, to the
local criminal investigation department without reference to the local governments. HDB: Oct. 1909,
nos. 167-8 in IOLR IOR.POS.8963; quoted in Richard J. Popplewell, ibid, p. 77.
22
Note by R. H. Craddock, 14 July 1914. HDD: July 1914 No. 34; quoted in Richard J. Popplewell, ibid,
p. 83.
23
Valentine Chirol, Indian Unrest, Macmillian, London 1910, p. 107, N. G. Barrier, The Punjab Alienation
of Land Bill of 1900, Burham, NC, 1966, p. 59.
24
Richard J. Popplewell, ibid, pp. 126-130.
25
Indian on the Pacific Coast: Proceedings of Har Dayal in the United States of America. HDB: No.
1913, nos. 62-3 in IOLR IOR. POS. 9836, in Richard J. Pollelwell, ibid, pp. 154-60.
Reduced to Ashes 14
them at Singapore and also to provide financial assistance to the destitute passen-
gers. But the first world war had disrupted the voyage. When the ship reached
Calcutta, a large group of police officers from Punjab, including David Patrie, were
already there to meet them. As a gesture of goodwill, the officers did not search the
ship in spite of the intelligence reports that there might be arms on board. The Sikh
passengers were told that they would not face punishment and would receive finan-
cial assistance if they agreed to board a special train that would take them directly
back to Punjab.
26
When the Sikhs refused and tried to leave the ship, they were forced back. The
Ingress into India Ordinance, promulgated in September 1914, allowed the authori-
ties to restrict the movements of anyone entering India. When the officers tried to
identify Gurdit Singh and Harnam Singh who had organized the voyage from
Singapore, many passengers got agitated and opened fire with revolvers, wound-
ing Petrie and several others. At this point, troops came in to force the Sikhs into the
train, but Gurdit Singh, Harnam Singh and 28 others managed to escape.
27
The
incident and the subsequent intelligence operations revealed that the Ghadr organi-
zation planned to systematically send revolutionaries into India to incite distur-
bances, to carry out violent deeds of propaganda and to persuade Indian soldiers
to rebel mutiny. Official estimates said that between 1,000 to 3,000 immigrants
with active revolutionary connections had come into Punjab. According to Lieuten-
ant-Governor Michael ODwyer, these revolutionaries were able to impart sedi-
tious sentiments to a large number of people in Punjab. He wrote: I take it that
early this year there were from 6,000 to 10,000 men in the Punjab, who given the
arms, the direction and the opportunity, were ready to raise the standard of revolu-
tion.
28
On 26 November 1914, the Ghadr revolutionaries made their first serious at-
tempt to provoke a mutiny in the Army. Having won over some troops from the 23
rd
Cavalry, stationed at Amritsar, Ghadr revolutionaries marched to seize the maga-
zine at Lahore. But their plans were leaked and all of them were arrested in a Lahore
village. Another attempt at Ferozepur also failed, but a sub-inspector of police was
killed. Soldiers of those regiments that had returned from the Far East were most
susceptible to revolutionary ideas.
29
But their organization had been deeply pen-
etrated, with close relatives of important revolutionaries themselves providing in-
side information to the authorities. On 19 February 1915, the police raided the Ghadr
headquarters at Lahore and arrested 13 leaders of the organization along with their
arms, bombs, bomb-making materials, revolutionary literature, and rebel flags.
30
Harnam Singh was one of them.
The government believed that the Ghadr Party had been formed in consultation
with the German officials who wanted to instigate a rebellion in India even before
26
Telegrams from Viceroy to Secretary of State, 2 Oct. 1914, CUL Hardinge Papers. Vol. 98. Richard J.
Popplewell, ibid pp. 167-8.
27
Telegram from the Viceroy to the Secretary of State, 1 Oct. 1914. CUL Hardinge papers, Vol. 88. Ker,
Political Trouble in India, Reprint, Calcutta, 1973, pp. 239-42.
28
Letter from ODwyer to Hardings, 8 Nov. 1915. CUL Hardinge Papers; Printed Letters and Telegrams,
Vol. 90, p. 369.
29
Ker, ibid, p. 367, Richard L. Popplewell, ibid, p. 172.
30
ODwyer, op. Cit., p. 202.
the first world war broke out.
31
The attempts to provoke a mutiny in the Army
really worried the British authorities. With only 73,500 British troops to control a
population of 303 million people, according to the census of 1911, the government
had to ensure that it did not have another mutiny like the one in 1857.
32
Harnam Singh was lodged in the Campbellpur jail, now in Pakistan. He was
tried as an accused in the Lahore conspiracy case in 1915. Most of his co-accused,
including Gurdit Singh, Sohan Singh Bhakna, Bhag Singh of Bhikhiwind, were
Sikhs from Amritsar district. They were also the main leaders of the Ghadr move-
ment. Harnam Singh was acquitted in the Lahore conspiracy case. But the govern-
ment decided to keep him under surveillance and he was interned in his own house
in Khalra village until 1922. But he was allowed to marry. It was during this period
of Harnam Singhs internment in Khalra village that Jaswant Singh Khalras father
Kartar Singh was born in 1917.
Communal Movements and Kartar Singh
Harnam Singhs internment was revoked in 1922 and he managed to return to Shang-
hai and resume his revolutionary activities. Harnam Singh never returned to India.
Sometimes, he used to send some money for his familys financial needs.
Kartar Singh had a tough childhood. The family had only four acres of land.
The underground water was saline and the Upper Bari Doab Canal, that passed by
the outskirts of the village, did not provide irrigation to Khalra village. Kartar Singh,
his younger brother and their mother missed Harnam Singh. However, even as a
young lad, Kartar Singh knew that his father was an important leader of the free-
dom struggle in India who maintained close rapport with revolutionaries in various
parts of the world engaged in anti-imperialist struggle. Kartar Singh knew that the
government would arrest his father if he returned to Punjab and it was important for
the cause of Indias freedom that he remained abroad.
But he missed him and life was hard. Without a father, he used to feel like an
orphan. His mother, too, had to work hard. She kept two buffaloes and sold their
milk to earn money. For food, Kartar Singh and his younger brother had to work the
land, besides attending school.
Kartar Singh studied up to class seven in a school at Madi Megha village, six
kilometers from Khalra. Then he joined the Arya Samaj School at Patti but Kartar
Singh did not like the atmosphere in the school, that appeared communally biased
against the Sikhs, their religion and culture.
Arya Samaj was a Hindu sect founded by Dayanand Saraswati in 1875. It had
inherited the beliefs in the greatness of ancient Sanskritic culture from the 18
th
and
early 19
th
century oriental scholarship pioneered by the English and other European
scholars in India. Dayanand Saraswati, born in a wealthy Brahmin family in Morvi
in Gujarat, believed that the religious works of popular devotional tradition ought
to be actively discouraged. He was also a strong critic of heterodox schools of
thought like Jainism, Buddhism and Sikhism. His book Satyarth Prakash,
31
Richard J. Popplewell, ibid, pp. 175.
32
Richard J. Popplewell, ibid, pp. 64-65.
Reduced to Ashes 16
33
O. P. Kejariwal, The Asiatic Society of Bengal and the Discovery of Indias Past: 1784-1838, Oxford
University Press, Delhi.1988; David Koff, British Orientalism and the Bengal Renaissance, Calcutta,
1969; Sushil Kumar De, Bengali Literature in the Nineteenth Century: 1757-1857, 2nd edition Calcutta,
1962; Raj Kumar, Swami Dayanands concept of the Indian Swaraj, and Nazer Singh, A note on
Swami Dayanands way of reformation, Punjab History Conference (PHC), Twenty-second Session,
25-27 March 1988; J. T. F. Jordens, Dayananda Saraswati, His life and Ideas, Delhi, 1978; Ganda
Singh, The origin of the Hindu-Sikh tension in the Punjab, The Punjab Past and Present (PPP),
vol.XI, 1977, p. 326; Kenneth W. Jones, The Arya Sikh relations, 1877-1905, PPP, vol. XI-II, October
1977, p. 332.
34
G. S. Dhillon, The Sikhs and the British, PPP, vol. XXIV-II, October 1990, pp. 430-4; Chief Khalsa
Diwan, Rules and Regulations of the Chief Khalsa Diwan, Amritsar, 1904, p. 1; Kenneth W. Jones,
The Arya Sikh Relations, 1877-1905, PPP, Vol. XI-II, October 1977, p. 352.
35
Arthur Berriedale Keith, A Constitutional History of India, 1600-1935, Reprint, Low Price Publications,
Delhi 1990, p. 234; S. V. Desika Char, Constitutional History of India, 1757-1947, Oxford University
Press, Delhi 1983, pp. 425-32; Khushwant Singh, A History of the Sikhs, vol. II, 1977, p. 219.
published in 1875, attacked Guru Nanak as dhurta (rogue or charlatan). Dayanand
called the Sikh holy book mithya (false) and Sikhism a jal (snare). The successors
of Dayanand in Punjab intensified the tone of hostility against the Sikhs who had
gained the status of a distinct religious community. During his first visit to Punjab
in 1877-1878, Dayanand had used the rite of shuddhi (purification) to reclaim Chris-
tian converts from Sikhism as Hindus. After his death in October 1883, his succes-
sors began to direct their conversion campaigns at poor Sikhs who had originally
come from untouchable Hindu castes. A public ceremony to purify 30 such Sikhs
on 3 June 1900, sowed the seeds of tensions in the Hindu-Sikh relations that would
only deteriorate with time.
33
At the Arya Samaj school, Kartar Singh could not tolerate the attitude of his
teachers that seemed anti-Sikh and he decided to change his school. He was admit-
ted to a Khalsa school in Sarhali where he studied for two years to pass his class X
examination in 1936. Kartar Singh wanted to continue studying. However, he could
not afford it and felt obligated to support his mother who had been working hard to
pay for his schooling. Kartar Singh had to come back to his village.
Fortunately for him, his grandfather had been a prominent leader of the Singh
Sabha Movement that had played a crucial part in reviving the monotheistic tradi-
tions of early Sikhism and combined the work of social mobilization with scholarly
activities of collecting, editing and compiling the early Sikh literature and also in
building Sikh educational institutions. Main leaders of the movement, like Ditt Singh,
Gurmukh Singh and Kahan Singh, came from the lower strata of society and fo-
cused attention on the corruption within the Sikh religious institutions contrary to
the strong egalitarian principles expounded by the Sikh gurus. Kartar Singhs grand-
father was a member of the Chief Khalsa Diwan, a central organization that coordi-
nated the activities of various Singh Sabhas. The Chief Khalsa Diwan was also
involved with the issues of safeguarding the political rights of the Sikhs, which
became very important after the Government of India Act 1919 provided for the
election of Indians to the imperial and provincial legislative councils from constitu-
encies representing various communities and classes.
34
Under the Act, Muslims
received a separate electorate as they had wanted. The Sikhs of Punjab did not
receive the same benefits although not only did the Sikh political organizations ask
for them, but the Lt. Governor of Punjab had also supported their claims.
35
The Sikh claims had been ignored because, with their sense of identity remain-
ing segmented on sectarian lines, they did not form a uniform community like the
Muslims. The clerics in charge of their religious houses of worship, including the
Golden Temple, belonged to the Sikh order called Udasi. Although the Udasis had
maintained the Sikh institutions in the difficult period of persecution, material pros-
perity since Ranjit Singhs days had led to their moral turpitude. They treated the
temple assets as their personal property and lived in comfort and indulgence. When
they became old or died, their children took their place. To attract more worshipers
and donations, Udasi abbots had also installed in their houses of worship idols of
Hindu gods. The Sikh reformers had successfully prevailed on the managers of the
Golden Temple to remove all Hindu idols from the temples precincts in 1905.
However, clerics of other important shrines continued to worship such idols along
with the Sikh holy book. To appease high caste Hindu sentiments, Udasi abbots had
also prohibited untouchables from entering the Sikh houses of worship. When the
reformer Sikhs protested, they retaliated by refusing admission to them as well.
Such practices made the Sikhs seem indistinguishable from the Hindus.
36
Enactment of the Anand Marriage Act in 1909 had shown that the British were
willing to recognize the Sikhs as a separate religious community. However, without
institutionalizing their religious uniqueness, the Sikhs could not hope to obtain po-
litical safeguards comparable to what the Muslim community had already received.
This recognition triggered the turbulent Sikh agitation called the Sikh Gurudwara
Reform Movement in early 1920s. The Akali Dal was initially a voluntary forum of
the Khalsa Sikhs set up to lead this agitation. It culminated with the enactment of a
legislation called the Shiromani Gurudwara Prabandhak Committee (SGPC) Act in
July 1925. The Act recognized that an elected body of the Khalsa Sikhs alone would
qualify as the repository of genuine Sikh tradition. The legislation not only invested
the SGPC with the authority to impose liturgical standards at the Sikh shrines, but
also to control their management. The Hindus, who had lost their influence on them,
bitterly protested against the new Act. Thus, the SGPC became a sort of Sikh parlia-
ment, and its central board, a government of the Sikhs. With considerable financial
resources and control of religious pulpits, the SGPC and the Akali Dal have since
remained the most important forums of Sikh politics.
37
The formation of the SGPC and the Akali Dal coincided with constitutional de-
velopments leading to the Government of India Act in 1935. This Act reserved 33 out
of 175 seats in the Punjab assembly for the Sikhs. Although the award did not satisfy
them, the Sikhs evidently had earned the status of a separate religious community.
38
When Kartar Singh returned to his village after his matriculation in 1936, he found
36
Prem Uprety, The Sikh disturbances of 1925, PPP, Vol. XIV, April 1978, p. 361; Rajiv A. Kapur, Sikh
Separatism, Allen & Unwin, London, 1986, p. 118; John Maynard, The Sikh Problem in the Punjab
1920-30, PPP, Vol. XII, April 1977, pp. 13-23.
37
The Sikh situation in the Punjab, 1907-1922, PPP, Vol. XIV, October 1978, p. 433; Mohinder Singh,
Official involvement in the Nankana Tragedy, PHC, Seventh Session, September 29-30, 1972, p.
190; An official document prepared by the Criminal Investigation Department and signed by V. M.
Smith, Superintendent of Police, Political, on 22 February 1922, presents a detailed report on these
developments: The Akali Dal and Shiromani Gurudwara Prabandhak Committee, 1921-22: A
Confidential Memorandu, reproduced in PPP, Vol. I-II, October 1967, pp. 266-310.
38
S. V. Desika Char, Readings in the Constitutional History of India, OUP, Delhi 1983, pp. 553-4.
Reduced to Ashes 18
himself in a buoyant atmosphere of expectancy and hope. His grandfather raised the
idea of building a Khalsa school in Khalra village and advised him to donate a part of
his ancestral land for the purpose. A prominent nationalist leader, Attar Singh took up
the idea and built the school. Kartar Singh was appointed as the secretary of the school
committee but was working on honorary basis. Master Tara Singh, a prominent Sikh
leader of the Akali Dal, came to be associated with the school management. Master
Tara Singh helped Kartar Singh to find a job as a clerk at the SGPC headquarters
inside the Golden Temple complex in Amritsar where he worked for two years. Mean-
while, the school at Khalra had become more organized and invited him to resume his
position on a salary of Rs. 50 a month. This was not big money but was enough to
meet basic needs. By then, Kartar Singh was already married to Mukhtiar Kaur.
Although Master Tara Singh helped Kartar Singh in getting a job with the SGPC,
Kartar Singh did not like the Akali political orientation, particularly Tara Singhs
anti-Muslim positions. Kartar Singh aligned himself more closely with the Con-
gress party, became the secretary of its mandal or area committee and began work-
ing with Narain Singh Subhashpuri, a well-known Congress leader of the area. To
Kartar Singh the atmosphere of communal tension in Punjab during that period was
an offshoot of the elective principle becoming the basis for gaining representation
in the government. Various communal leaders appealed to history to claim distinc-
tion over ones rivals and this was a common technique of their competitive politi-
cal strategy that had such disastrous consequences on the future of Punjab. Accord-
ing to Kartar Singh, popular Hindu and Sikh leaders dwelt endlessly on the suffer-
ing of Hindus and Sikhs under the Muslim conquest and tried to aggravate popular
resentments to consolidate their following. Muslims of Punjab also began to get
irritated with the British administration for usurping their political power and now
distributing it to the Hindus and the Sikhs to their disadvantage.
The expression of these resentments went beyond polemics to outbursts of physi-
cal violence and soon acquired a regular pattern marked by crude techniques of
instigation. Muslims slaughtered cows, regarded by Hindus as holy, and the Hindus
retaliated by putting pork, detested by Muslims as unholy, in mosques to stir up
communal mayhem. Any other trivial provocation would serve the purpose just as
well. Governors situation reports from January 1939 to July 1939 show that the
slaughter of cows and swine had triggered a dozen violent incidents within this
period. British officials dealt with these problems by the book, with feelings of
amused complacency, except when they threatened to escalate into big troubles.
These outbursts of violence, known by the infamous name of communal riots, pro-
vided the backdrop for the momentous constitutional developments that led India
to its independence attended with the bloody partition of Punjab in 1947.
39
Kartar Singh felt very disturbed about these developments and blamed the po-
litical immaturity of the Sikh leaders, particularly Tara Singh, for their inability to
see the Congress game plan in getting them to fight the Muslim leadership and for
refusing the British counsel to keep the unity of Punjab through a negotiated settle-
ment about their rights and privileges in the state.
40
According to Kartar Singh,
Tara Singhs personal background and his Hindu roots played an important part in
39
Governors Situation Reports and Punjab Fortnightly Reports, IOR:L/PJ/5/241-3; Memoir of a District
Officer in the Punjab 1938-47, A.J.V. Arthus, ICS, Mss. Eur. F. 180/63, IOR:L, London.
making him susceptible to these manipulations. Tara Singh was born in 1885 in a
pious Hindu family of considerable local influence at Haryal village in Rawalpindi
district. He was christened as Nanak Chand and changed his name to Tara Singh
after his conversion to Sikhism in 1902. Tara Singh became a school teacher in
1907 and was inducted into the Gurdwara Reform Movement in 1921 by the Con-
gress leaders. Kartar Singh believes that Tara Singh was never able to wean himself
away from the relationship of dependence on Hindu leaders that he had developed
at the early stages of his political career. Later, Vallabhbhai Patel took him under
his tutelage and succeeded in getting him to insist on a partition of Punjab by which
the districts in which Hindus and Sikhs together formed a majority could be feder-
ated with India. The Congress leaders promised that they would not pen down such
a Constitution of India that would be disagreeable to the Sikhs. Tara Singh agreed.
41
Partition of Punjab
Mountbattens proposal of partition was placed before the British Cabinet for ap-
proval in May 1947. Pethick Lawrence, the Secretary of State for India, conveyed
the official position in a letter dated 9 May 1947: Under your proposals they [the
Sikhs] will be divided and I do not think that any subsequent adjustment of bound-
aries can possibly begin to satisfy the claims they put forward...But if you are satis-
fied that a Boundary Commission, with terms of reference such as will help to keep
the Sikhs quiet until the transfer of power, can be set up without provoking the
hostility of the two major communities, I shall be very ready to support your view.
Thus, was the decision to partition Punjab taken.
42
According to Kartar Singh, it was an ignoble outcome of a noble struggle. It could
not be averted as the decisions had been taken at the top level within a manipulative
process where the people could not assert their will. The Congress leaders had talked
about the unity of India, federalism, secularism and grass-roots democracy. But they
betrayed these ideals on the eve of Independence. The Sikhs were in a very strong
position in the united Punjab. Their voice counted in every sphere of life from poli-
tics, agriculture, economy to the military affairs. No vital decision at the governmen-
tal level could be taken without their approval. After the Partition, the Sikhs lost out
not only because of their uprooting from prosperous canal colonies in west Punjab
but also because they became politically insignificant in India. Their agitations did
not move any one. They lost their separate electorate. The policy of reservations on
the basis of caste, guaranteed by the Constitution of India, also worked against their
interests. According to Kartar Singh, both M. K. Gandhi and Jawaharlal Nehru had
taken a negative view of Sikh aspirations and their politics. From the beginning, they
followed the policy of either suppressing them or misleading them. Although Kartar
Singh had been an active member of the Congress party, he did not believe that Gandhi
and Nehru would safeguard the Sikh interests.
40
Note from Governor Punjab to Viceroy, 10 April 1947, on interview with Kartar Singh, MC, Mss. Eur. F.
200/139, IOR:L, London.
41
Lord Ismays note to Mountbatten, dated 30 April 1947, MC, Mss. F. 200/121, IOR:L, London.
42
Private and Secret Letter from Secretary of State for India to His Excellency the Viceroy, dated 9 May
Reduced to Ashes 20
Kartar Singh felt more aggrieved by the Partition because of the damage it did
to his village and its people. Khalra was predominantly Muslim, but there had never
been any communal enmity within the village. All Muslims, Hindus and Sikhs,
lived in harmony. There were approximately 1,500 residents in the village, out of
which 1,000 were Muslims. Only some Muslim landlords were rich. The majority
of Muslims were small peasants and artisans. The spirit of amity that bound all
communities together began to evaporate following the decision to partition Punjab.
It became obvious to all that Khalra would become a border village. No one knew
whether it would go into Pakistan or remain in India. Large-scale movement of
people from both sides had already started. The refugees from west Punjab came
with their tales of woes and violence. Killing, arson, plunder, rape were the com-
mon strands of these stories. These stories began to vitiate the minds of the people.
Hindus and some Sikhs began to think in terms of revenge. Soon, Hindus and Sikhs
in the eastern parts of Punjab began to attack Muslims, committing the same acts of
violence and brutality that the Hindu and Sikh refugees from the west had suffered.
As the Muslim refugees from eastern Punjab, on their way to Pakistan, began to
move through Khalra, the Muslim population of the village too got agitated.
The British government deployed the largely Muslim Baloch Regiment of the
Indian Army to interfere in situations of mayhem and murder. But the Baluchi regi-
ment helped the Muslims and was very hostile to the Sikhs. The area under four
police stations in Patti sub-division, including Khalra, used to be administratively
under Lahore. On 14 August 1947, the Muslims of the area were under the impres-
sion, and insisted, that the area belonged to Pakistan. The Sikhs and Hindus were
getting ready to evacuate. Many Muslims of the village, who until then had been
paragons of good neighborliness, began earmarking the properties of the Sikhs and
the Hindus they would occupy when the latter left eastwards. While some of them
began to incite violence, others even persuaded the evacuees who were pouring in
from the eastern part to stay on out of the conviction that Khalra would become a
part of Pakistan. In the end, however, the area under the four police stations re-
mained in India. The scales turned to the advantage of Hindus and Sikhs who now
began to get aggressive. The Indian military units arrived and soldiers of the Baluchi
regiment were sent away. Muslim residents of the village panicked and began to
flee. Many of them were killed by people who had been friendly and good neigh-
bors all their lives. Fortunately, the border was close by and many managed to escape.
For Kartar Singh, the Partition was an unsettling experience and unforgettable
even in his old age. He was also not able to rid himself of the thought that this
should never have happened and would not have happened if the leaders at the top
level had not been so greedy and impatient for political power. His father had been
an uncompromising revolutionary against the British imperialism. But when the
freedom came, Kartar Singh wished that the transfer of power had not been so hasty
and mindless. In his opinion, Indias freedom became Punjabs bane. The border,
the military, the wars and now the fencing of the land, cumulatively and separately,
negated his inner imagery of freedom and independence. From his perspective, it
had been just Punjabis against Punjabis all through. Every time, India and Pakistan
went to war, Kartar Singh and all others in the village had to move away with all
their belongings. Now, after the fencing of the border villages, Kartar Singh and
many others in Khalra village could not even approach their land, across the barbed,
electrified wires, without obtaining special permission from the Border Security
Force (BSF). All farmers with land along the fencing had to obtain special permis-
sion to work on their farms, and could do so only for certain hours in the daylight.
Kartar Singh became disenchanted with the Congress party very early. He stopped
taking part in political activities and in 1961, after the government took over his
school in Khalra village, also stopped voting for the party. The last straw was the
Indian governments decision to ask to submit all kinds of statements and docu-
mentary evidence to establish that his father had been a freedom fighter. The de-
mand came when the Punjab government in 1975 chose to renew pensions to wid-
ows of prominent freedom fighters and to honor their families by presenting them
with a brass plaque as a memento. By then Jaswant Singh Khalra was 23-years-old
and a college student. He was too proud of his grandfather and the legacy of his
revolutionary life to digest such an affront for the sake of some money and a souve-
nir. Jaswant Singh advised his father not only to refuse to participate, but also to
return the pension the government had been giving his grandmother. Jaswant Singh
said that his grandfathers freedom struggle had gone in vain and the family should
not degrade his thwarted ideals by receiving a dole from the Government of India in
his name. Kartar Singh agreed and refused to receive the honor and the pension.
Formative Years of Jaswant Singh Khalra
Jaswant Singh was born in 1952, the year when Punjab witnessed its first general
elections under the Constitution with which many Sikh leaders were very unhappy.
Jaswant Singh had three elder brothers, Rajinder Singh, Amarjit Singh and Gurdev
Singh. The first two settled in England. Gurdev Singh later migrated to Austria
where he settled down in Vienna city. Jaswant Singh also had five sisters. All of
them were married to local farmers.
43
The formative years of Jaswant Singhs life in Punjab were marked by the viru-
lent political conflict between the Akali Dal and the Union government over the
Akali demand for the reorganization of the state to make it linguistically homog-
enous. The Akali Dal wanted division of the territory by linguistic homogeneity,
into separate Punjabi and Hindi speaking States. The Union government under
Jawaharlal Nehrus premiership declared itself to be against the demand. The Lin-
guistic Provinces Commission, appointed to advise the Constituent Assembly on
the reorganization of the provinces, submitted its report in December 1948 arguing
against the proposal. As the agitation for organization of linguistically homoge-
neous provinces gained momentum throughout India, the government appointed
yet another commission in December 1953 to examine the issue. Its report, submit-
ted in 1955, once again rejected the Sikh demand, although it agreed to such
demands from other linguistic regions. For the next decade-and-a-half, the Akali
Dal waged sporadic and, at times, intense agitations for the creation of a Punjabi
43
Statements of Paramjit Kaur, w/o Jaswant Singh Khalra, r/o 8 Kabir park under police station
Islamabad, recorded by DSP P. L. Meena of the CBI on 2 January 1996 under section 161 of the CR.
P. C, and of Kartar Singh, son of Harnam Singh, village Khalra in Amritsar recorded on 1 February
Reduced to Ashes 22
speaking state. The Hindu organizations in Punjab opposed the Sikh demand by
disowning Punjabi as their mother tongue and registering Hindi to be their lan-
guage instead. The idea was to give a majority to the Hindi speaking people in the
state. Nehru told the Parliament that he would not concede the Sikh demand even if
the Sikhs launched a civil war. Nehru had become the Prime Minister, as Gandhis
protegee, by skillfully employing his nationalistic charisma. Once in power,
he viewed himself as the last British viceroy and ruled India in the authoritarian
tradition with no patience for the politics of small-loyalties.
44
Nehru died in May 1964, two years after Indias humiliating military defeat at
the hands of the Chinese. The Congress chief minister of Punjab, Pratap Singh
Kairon, who was also a staunch critic of the Sikh agitation, resigned from office a
month later when a commission of inquiry indicted him on charges of corruption.
Eight months later, Kairon fell to the bullets of an unidentified assassin when he
was traveling from Delhi to Chandigarh in his car.
45
An imminent war with Pakistan in 1965 made the Central government con-
scious of the fact that the Sikh soldiers were disaffected by its antagonistic relations
with the Sikh leaders. To buy their cooperation, it promised that it would soon
create a Punjabi speaking state.
At the end of the war, the government separated the Hindi speaking areas of the
province to come under a new state of Haryana. Himachal Pradesh took the hilly
regions of Punjab on the foothills of the Shivalik range. Chandigarh became a Union
territory and the joint capital for the new states of Punjab and Haryana. The State of
Punjab with an area of 50, 255 sq. kilometers, created in September 1966, had a
population of 14 million out of which 55.48 per cent were Sikhs.
Before 1947, Sikhs had formed 15 per cent of the total population of undivided
Punjab against 55 per cent of Muslims and 30 per cent of Hindus. Forced migration
of Muslims from east Punjab to Pakistan and the influx of Sikh refugees from west
Punjab changed the demographic character of the state after the Partition. They
comprised of 40 per cent of the population in the Indian Punjab. With the creation
of a Punjabi speaking state, their number rose to roughly 60 per cent. If the govern-
ment had honestly applied the criterion of linguistic homogeneity to reorganize
Punjab, the population of the new Punjab would have remained predominantly Hindu.
Many districts of Punjab like Ambala and Karnal, which went to Haryana, and the
hilly sub-division of Hoshiarpur and Gurdaspur districts, which were taken over by
Himachal Pradesh, were Punjabi speaking. However, the Hindu organizations had
campaigned from 1951 onwards and had succeeded in persuading most Punjabi
speaking Hindus to register their mother tongue as Hindi. It was this mischief that
now boomeranged on them. The linguistic reorganization of the state became its
communal truncation. In the democratic game of numbers, the Sikh position in
Punjab appeared to have become viable for the first time.
46
Instead of reconciling
themselves, the Hindu political groups led by the Jana Sangh, which is now known
as the Bharatiya Janata Party (BJP), chose to agitate against the formation of the
Punjabi speaking state. Yagya Dutt Sharma, a prominent Jana Sangh leader from
44
Stanley Wolpert, Nehru: A Tryst with Destiny, Booknotes Transcript, -
http://www.booknotes.org/transcripts/50133.htm page 11 of 21.
45
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle: Origin, Evolution and Present Phase,
Chanakya Publications, Delhi, 1991, pp. 177-183.
Amritsar, went on a fast unto death from 9 March 1966, to seek the annulment of
the decision. Public processions, picketing of government offices and protest dem-
onstrations organized by various groups in several cities of Punjab turned violent.
In Haryana, many Sikhs were attacked and killed. A commission of inquiry formed
by the Bar Association of India indicted the Punjab authorities for using force to
contain the Hindu agitators in the state from engaging in violence and arson. The
inquiry commission, led by three former judges of Indian high courts, also
appeared to be strongly critical of the decision to permit the Punjabi Suba. The
position did not help the Hindu-Sikh relations within the new state of Punjab.
47
The Sikh public opinion too seemed dissatisfied with the kind of state the Union
government had given them. Many of their leaders complained that large tracts of
Punjabi speaking areas had gone over to Haryana and Himachal Pradesh; that
Chandigarh, that had been built as Punjabs capital, had become a Union territory and
that the Central government had usurped its right to manage its river water irrigation.
In two consecutive elections to the state assembly, the Akali Dal romped home with a
sufficient number of seats to form coalition governments with Hindu political parties.
These coalitions proved untenable. The Hindu partners of the coalition contin-
ued to govern as arch antagonists of the Akali Dal. The Congress party had an easy
time pulling them down by organizing defections from the Akali legislative groups.
The rank and file of the party became disillusioned. The impression gained ground
that the coalition governments formed by the Akali Dal would always exhaust them-
selves against the subversive manipulations of an unfriendly Center. The formation
of governments in the state by the Akali Dal had produced only one important
outcome: Its leaders had begun betraying the objectives they had championed
for decades. The power that they wielded in the government was far from being
absolute. The mirage of power had, however, corrupted them absolutely.
48
46
Ram Narayan Kumar, Georg Sieberer, The Sikh Struggle, Delhi, 1991, pp.182-186.
Manipulation of the census by the communal groups has a long tradition in Punjab. The following are
excerpts from a report of the governor of Punjab on the census returns of 1941: There have been
general complaints of intentional omissions and artificial inflations and I am afraid that...little reliance
can be placed on the returns actually made. Hindus, Muslims and Sikhs are equally to blame...The
Deputy Commissioner of Montgomery, for instance reported that among his own servants a mistake of
30 years was made in the Ayahs age; his chauffeur, a Pashtu speaking Pathan from Kohat, was
recorded as speaking Urdu and born in Quetta; his bearer who can speak nothing but Punjabi, was
recorded as Urdu speaking and his Bengali cook was omitted altogether... Governors Report, d. O.
No. 330-F.L, Dated 17 March 1941, P&J/243/IOR:L.
47
Report of the Commission of Enquiry on Alleged Police Excesses in Punjab during anti-Suba
Agitation in March 1966, Bar Association of India, 1966; Chairman of the Commission, Dr. C. B.
Agarwala, Members of the Commission, Sri Arjoo Prasad and Sri Ram Lubhaya Oberoi.
48
Ram Narayan Kumar & George Sieberer, ibid, pp. 171-193.
The Akali compulsion to form coalition governments is immanent in the demographic character of the
reorganized Punjab: Political power has to be shared by the representatives of two dominant
communities in proportion to their numerical strength. Although, the percentage of votes which the
Akali Dal secured in 1967 had significantly gone up in comparison to what it had got in the third
general elections in 1962 24.1 per cent in 1967 against 11.9 per cent in 1962 - it could secure only
26 seats in the state assembly whose total strength was 104. In the second legislative assembly
elections held in February 1969, although the Akali Dal improved its strength by securing 43 seats and
becoming the single largest party, it still did not have an absolute majority to form a government
without a coalition partner. The situation had not changed substantially in 1977 when the Akali Dal won
58 seats in the assembly of 117 members. David Butler, Ashok Lairi and Pranoy Roy, Living Media
India Lt, New Delhi, second edition, 1991, p. 237.
Reduced to Ashes 24
Khalras Early Political Activities
Jaswant Singh Khalra grew up in this environment of political effervescence, un-
certainties and disillusionment. His family of five sisters and four brothers, includ-
ing Jaswant Singh, depended on his fathers salary. Their mother looked after four
buffaloes and sold their milk for some extra income. Even then means were limited
and the children never had pocket money. Everything was very basic; their clothes,
their food. But Kartar Singh wanted all of them to be educated. Jaswant Singh went
to the primary school at Khalra village which had been established by his father. He
was bright, very vocal and good in studies. But he also had to help his mother tend
buffalos and procure their fodder. Jaswant Singh passed his matriculation examina-
tion in 1969, three years after the formation of the Punjabi state and then joined the
Bir Baba Buddha College at Jhabal, 30 kilometers from his village. He traveled to
his college every day in a bus since his father could not afford to pay for his hostel.
In the next few years, he became very active in the students politics based on
strong Left-wing ideas.
Right from the beginning, the atmosphere at home was saturated with politics.
His father, although a poor teacher was widely respected in the area and many
influential politicians including the former Vice-President of India, Krishna Kant,
thronged to him for advice. Krishna Kants father Lala Achint Ram, who had his
residence in village Kot Mohammed Khan in Tarn Taran sub-division of Amritsar
district, had been a close friend since his early Congress days. Jaswant Singhs
father also hosted Vinoba Bhave when he came to Khalra village on his campaign
to promote voluntary redistribution of land from the rich to the poor. Many Left-
wing radicals known to Kartar Singh, had made a common cause with Vinoba
Bhaves idealistic campaign which never really achieved results. The atmosphere
of intense political discussions at home and the frantic pace of political develop-
ments in Punjab and the rest of India shaped Jaswants early political orientations.
By the time he joined college at Jhabal, Jaswant Singh Khalra called himself a
scientific socialist and became the instigator of several small agitations directed
against corruption, abuse of authority and the avarice of trading classes. Still fresh
in the college, Jaswant organized a police raid of a fertilizers and pesticides shop
subsidized by the government, whose owner sold everything in the black-market.
The action annoyed some of his fathers friends who were thriving on political
patronage. Jaswant Singh also organized several small agitations against police of-
ficials who abused their positions of power to harass small, indigent people. Once,
he organized the picketing of Khalra police station whose SHO had molested a
woman belonging to a low caste.
In Bir Baba Budhha College at Jhabal, Jaswant became the spokesperson for the
Punjab Students Union, a Left-wing group influenced by the radical Left-thinking
as it evolved in Bengals Naxalbari region in early 1960s.
In 1972, Jaswant Singh led successful students strike in the whole of Punjab that
started frivolously to protest against an increase in ticket prices in private cinema
halls. Students all over Punjab resented the price rise as cinema was their main
source of their entertainment. While leading a students protest march in front of a
cinema hall in Jhabal, Jaswant was told by the cinema manager that the government
had forced the rise by increasing the entertainment tax on all cinema halls, Jaswant
converted a minor local nuisance into a powerful students agitation throughout the
state. More substantial issues were added to the agenda later. The agitation, spread
over the whole of Punjab, alerted the state government leading to Jaswants arrest
for the first time.
Jaswant graduated in 1973 and returned to his village where he opened a li-
brary and the office of a new organization called Naujawan Bharat Sabha or Youth
Association. The Association was aligned to the Left revolutionary group led by
Nagi Reddi, who proposed a radical revision of the methods associated with the so-
called Chinese Path to embrace a more constitutional approach to mass-mobili-
zation of Indias have-nots, particularly the poorer sections of the peasantry. Nagi
Reddi, an old Left revolutionary leader from Andhra Pradesh, was a strong oppo-
nent of the theory of annihilation of the class enemy propounded by his Bengali
colleague Charu Mazumdar. Reddi also opposed the popular slogan that Chinas
Chairman is our Chairman and became the harbinger of a more localized approach
to agrarian revolution in India. Nagi Reddi was attacked by more radical groups
within the Left-underground as a revisionist. In Punjab, Naggi Reddi had the fol-
lowing of a section of radical communists who worked with Harbhajan Sohi who
also inspired Jaswant Singh to join the Naujavan Bharat Sabha. The high point of
Khalras association with this group was the organization of a 10,000 strong dem-
onstration at Moga in 1974. After some years of association with this group, Jaswant
joined the International Democratic Party, led by R. P. Saraf, that categorically
abjured violent methods and advocated non-violent resistance as the only permis-
sible approach to challenge the injustices perpetrated on the people by the estab-
lished political order. Jaswant was still groping for a clear perspective on the issues
germane to the people and politics in Punjab.
Jaswants father was worried about his sons future. After graduation, Jaswant
could have tried to join the Indian Civil Service, but he was not interested. Politics
was his passion. Kartar Singh told him: Jaswant, if you want to become a leader or
want to achieve something through politics, you will have to jettison these exotic
Communist groups and sneak into the Akali Dal or the Congress party. Only then
you can come forward. The counsel had no impact. Jaswant wanted to follow the
path of truth and revolution. He could not compromise with the Akali or the Con-
gress leaders whom he viewed as opportunists and charlatans with no principles
and no commitments other than gaining political power for personal advantage. It
is only in the later years of unremitting state atrocities that Jaswant would develop
a rapport with those Akali leaders who maintained close affinity with the victim
families. Kartar Singh then tried to interest his son in starting a private business,
anything from bee-keeping to running a dairy farm. Jaswant Singh agreed but took
no initiative. Once, Kartar Singh became very angry and told Jaswant not to talk of
radical politics and struggles for justice until he became financially self-sufficient.
As a father, he had spent his scarce resources educating him. It was Jaswants duty
to support the family now.
This dressing down had an impact. Soon afterward, in 1974, Jaswant Singh
Khalra became the secretary for village councils in Punjab, known as panchayat
secretary. This was a government job that allowed him to closely associate with the
issues of development at the village level. The position also gave him an opportu-
nity to regularly interact with politically active and ambitious sections of the rural
Reduced to Ashes 26
community throughout Punjab. Within a few years of joining the service, Jaswant
formed a state level union of panchayat secretaries and became its first general
secretary. Even though the senior government officials did not want him to politi-
cize the department, Jaswant was not to be daunted and went on to launch a strike
on the issues of rampant corruption and lack of accountability within the depart-
ment. The big bosses did not take kindly to his agitative approach and began to
harass him in various ways. Sometimes, he did not receive his salary for months at
a stretch. Everyone in the family recognized that politics of struggle was Jaswants
way of life.
Politics in Punjab, to which Jaswant began to pay closer attention, remained as
exciting and chaotic as ever. The frustrating experience in the state government
between 1967 and 1971 motivated the radicals in the Akali Dal to take up the tortu-
ous issue of Center-state relations. In October 1973, the working committee of the
Akali Dal adopted a policy resolution at a conference held at Anandpur and de-
manded that the Central government give autonomy to the provincial government
in all areas except defence, foreign relations, currency and communications. The
resolution described the Sikhs as a nation or Qaum and demanded structural
arrangements that would give them a dominant role in the administration of Punjab.
49
Jaswant talked about the resolution and its originators scathingly. The Akalis
had contributed to the demise of a decentralized India by scuttling the May 1946
British Cabinet Missions terms for the transfer of power to representatives of a
united federal India. The Cabinet Mission Plan had placed only three subjects of
defense, foreign relations and currency under the control of Indias Central govern-
ment, leaving all other subjects to the jurisdiction of autonomous provincial gov-
ernments. Sixteen years later, the Akali Dal wanted to revive that framework of
federalism without admitting its past mistakes and yet claim a dominant role for
the Sikhs within the administration of Punjab. This in Jaswants opinion was com-
pletely wrong. In his opinion, the Sikhs could not sustain the battle for their reli-
gious and political rights against the tyranny of majority in Indian democracy while
claiming preeminence in Punjab on the basis of their domineering demography in
the state.
Jaswant challenged the Akali position by floating the proposal of a confederacy
of India and Pakistan. The proposal suggested that the two countries work jointly to
overcome their people-geography mismatch especially in their peripheral regions,
make their politics purposeful also for their religious and communal minorities. He
also proposed that the two countries move away from their hegemonic nationalism
and repressive centralization towards a framework that could accommodate the
imperatives of self-governance for religious, ethnic minorities and non-dominant
nations. Jaswant was increasingly beginning to feel that unless the downtrodden
and oppressed people from the heartland and the religious and ethnic minorities,
victimized by India in its peripheral regions forged a larger solidarity of purpose to
salvage the vision of freedom for which his grandfather Harnam Singh had dedi-
cated himself, there could be no end to their miseries and meaningless political strife.
49
Ghani Jafar, The Sikh Volcano, Atlantic Publishers and Distributors, Delhi, 1988, pp. 87-88, 457-460;
G. S. Dhillon, India Commits Suicide, Chandigarh, 1992, pp. 94-112.
Indira Gandhis Emergency: Sideshows of a Democracy
In June 1975, Prime Minister Indira Gandhi proclaimed a national emergency to save
her government from tumbling in the face of a popular agitation for structural re-
forms, popularly known as Total Revolution that Jayaprakash Narayan, a charis-
matic socialist leader, had been leading for some years. For the next 21 months, she
ruled on the strength of harsh measures. These measures included arrests of political
opponents, press censorship and a ban on hostile political activities.
50
When the Akali
leaders in Punjab organized public protests against the dictatorial measure, they were
detained without trial, like the agitators in other parts of India. For the first time,
Jaswant Singh admired the organizational strength of the Akali Dal that allowed it to
effectively challenge Indira Gandhis dictatorial regime by mobilizing thousands of
people to non-violently defy her political prohibitions and to court arrest. No other
political party in India had been able to match the Akali Dals performance in sustain-
ing the popular defiance against Indias experiment with dictatorship.
The Janata Party, an alliance of political parties at the national level, also in-
cluding the Akali Dal, routed the Congress in the elections of March 1977 to form
its government at the Centre. The Akali Dal joined the Janata alliance. It also won
the assembly elections held later that year to form its third coalition government in
the state.
For Jaswant, the Emergency represented a logical outcome of the miscalcula-
tions of 1947. It showed that the pseudo-secular and quasi-federal scheme of the
state forced on India had run its course. He fervently hoped that the broad coalition
of democratic parties that replaced Indira Gandhis Emergency regime would seri-
ously use the restoration of democracy to pursue the agenda of decentralization of
power, development from the grass-roots and genuine respect for the fundamental
human rights for which its leaders had professed commitment. The new ruling coa-
lition comprised a wide spectrum of political opinion from left to right and accom-
modated many regional parties, including the Dravida Munnetra Kazagham (DMK)
from Tamil Nadu, the Communist Party of India (CPI-M) from West Bengal, the
National Conference (NC) from Kashmir, and the Akali Dal from Punjab. All these
parties had been votaries of decentralization before the electoral success of 1977.
Their leaders had correctly pointed out that for the schemes of economic develop-
ment in a country as vast and varied as India to have effect, they must evolve at the
initiative of provincial leaders who possessed better knowledge of the local condi-
tions, greater hold on the machinery of implementation and more accountability to
the electorate than the bureaucrats and politicians in faraway Delhi. Appalling pov-
erty of the people across the country, 30 years after the Independence, was proof
enough that the philosophy of development behind the Five-Year Plans and the
Planning Commission had failed. That much of the national resources meant for
social reconstruction were being siphoned off into the tunnels of corruption was
common knowledge. This disgust for corruption and stagnation was used by
Jayaprakash Narayan, an old socialist colleague of Jawaharlal Nehru, to forge ties
within the Janata conglomeration.
50
The writer of this report was also interned without trial for 19 months for writing and speaking against
Indias experiment with dictatorship.
Reduced to Ashes 28
51
Article 356 (1) of the Constitution says: If the President, on receipt of report from the governor of a
state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot
be carried on in accordance with the provisions of this Constitution, the President may by proclamation
[a] Assume to himself all or any of the functions of the government of the state and all or any of the
powers vested in or exercisable by the governor or any body or authority in the state other than the
legislature of the state; [b] Declare that the powers of the legislature of the state shall be exercisable
by or under the authority of Parliament; [c] Make such incidental and consequential provisions as
appear to the President to be necessary or desirable for giving effect to the objects of the
proclamation, including provisions for suspending in whole or in part the operation of any provisions of
this Constitution relating to any body or authority in the state.
In 1951, Punjab became the first victim of this provision when the state government under chief
minister Gopi Chand Bhargava did not take strong measures to put down the Akali agitation for a
linguistic reorganization of the state. The next state to suffer the abuse was Kerala in 1959 when it was
ruled by the Communist Party under E. M. S. Namboodaripads chief ministership.
From 1967 to 1969, seven state governments run by parties inimical to the Congress government at
the Center were dismissed. Between 1970 and 74, 19 state governments were subverted. During
Emergency, the state government of Tamil Nadu was toppled on the ground that it did not implement
the Central directive to censure the Press and refused to detain anti-Emergency activists.
Jaswant Singh was happy to observe that the democratic change of the regime
in Delhi was beginning to inspire, in the regional circles of Indian politics, an avid
debate on the necessity to decentralize the constitutional framework of the state to
give the provincial governments more powers. Many leaders of the peripheral states
of the Union advocated major changes. They included Sheikh Abdullah of Jammu
and Kashmir, Jyoti Basu, Marxist chief minister of West Bengal; A. K. Antony,
Congress chief minister of Kerala and M. Karunanidhi of Tamil Nadu. These states,
together with Punjab, had suffered the Centers highhandedness in three decades of
Indian federalism. In particular, they hated the prerogatives the Constitution gave
to the Union government to dismiss elected governments in provinces and to exer-
cise control over their finances.
51
To Jaswant Singhs dismay, the government of
Akali Dal in Punjab, with Prakash Singh Badal as the chief minister, seemed un-
willing to rake up trouble with its Hindu coalition partners to whom the very word
autonomy was an anathema. Centrist hawks, representing the Hindu heartland of
India, had arrayed themselves against advocates of decentralization who represented
Indias peripheries. They cut across party affiliations in believing that a strong Cen-
ter was coterminous with a united India. Morarji Desai, the conservative Prime
Minister of the coalitional government, announced that he would not even discuss
the proposals for a Constitutional review with their protagonists.
Incongruous Alliances:
the Akalis and Jarnail Singh Bhindrawale
This is the historical background in which Indira Gandhis Congress party chose
Punjab for new sinister experiments in the manipulation of collective prejudices
that would lead to the June 1984 military assault on the Golden Temple of Amritsar
and the calamitous events of the next decade: Her own assassination and the orga-
nized carnage of the Sikhs in its wake nearly five months after the military assault,
radicalization of the Sikh unrest and the separatist violence, state terrorism on an
unprecedented scale, enforced disappearances, arbitrary executions and secret
cremations of thousands of people. The June 1984 military assault on the Golden
Temple of Amritsar and the organized violence against the Sikhs in India, particu-
larly in the Capital city of Delhi, following Indira Gandhis assassination by two of
her Sikh security guards on 31 October 1984, are so important to understand the
contexts of separatist violence and its ruthless repression in the following decade in
Punjab that we shall briefly recount them here.
The debate on the Center-state relationship in Punjab suffered a setback follow-
ing the sectarian clashes that broke out in April 1978. The clashes between the
Sikhs and Nirankaris involved contentious issues of heterodoxy and the passions
which they aroused eclipsed sober political matters. They also helped the Congress
party to isolate the Akali Dal. In the parliamentary elections held in January 1980,
Indira Gandhi managed to regain political power at the Center. Eight out of Punjabs
11 parliamentary constituencies voted for the Congress candidates. In May 1980,
the Congress party defeated the Akali Dal in the state assembly elections and formed
a government under Darbara Singh.
In July 1982, the Akali Dal launched its popular agitation to demand the imple-
mentation of the Anandpur Sahib Resolution adopted in 1973, which asked for a
residual transfer to the states all subjects of administration, except defense, foreign
relations, communications and currency. Already for some years, Jarnail Singh
Bhindranwale, the head of an orthodox Sikh seminary, had established himself as a
charismatic religious figure with an extraordinary following in rural Punjab. With
the view to harness Bhindranwales popularity with the Sikh masses, the Akali
leaders persuaded him to join the agitation. Having once done that, they were un-
able to back out of the professed goal in negotiations with the Central government
because Bhindranwale would not allow them to do so. Both the Akali leaders and
the Central government soon began to employ the whole range of Machiavellian
stock-in-trade to cheat, cajole, bribe and browbeat their way out of the simple and
consistent position of Bhindranwale that there would be no settlement against the
mandate of the Anandpur Resolution.
52
The differences in the personalities and political potential of Bhindranwale and
the Akali leaders were not limited to their political positions and religious back-
grounds. Their differences reflected two separate but intertwined facets of the con-
temporary Sikh identity.
The Akali Dal had for six decades been the political instrument of the most
influential section of the Sikh population, i.e., the Jat farmers. Their prosperity was
a fall out of the Green Revolution, in the last two decades.
53
They agitated inces-
santly and often successfully to make the agricultural economy more profitable.
52
Hindustan Times (HT), 16 November 1982, Akalis likely to accept new package deal; HT. 25 October
1982. Saran meets Akali leaders; HT. 13 November 1982. Bhindranwale, not for Khalistan; HT, 5
September 1983, Bhindranwale firm on Anandpur move; The Tribune, 28 February 1984, Sikhs not for
secession: Bhindranwale.
53
Although, the Green Revolution in Punjab is the culmination of the process of development in canal
irrigation, reclamation of land, settlement of canal colonies, development of new seed varieties
combined with cooperative banking and other related measures started by the British soon after the
annexation of Punjab in 1846, the term is applied for the period of agricultural progress starting from
the introduction of new varieties of seed developed at the International Centre for the Improvement of
Maize and Wheat in Mexico, headed by Dr. N. E. Borlaug in 1964-65.
Reduced to Ashes 30
The Akali Dal, when in office, had closely identified itself with the interests of
the Jat Sikh farmers, taking bold measures to help them. The big jumps in food
production, from 1.9 million metric tons in 1965-66 to 2.45 million metric tons in
1966-67 and 5.62 million metric tons in 1971-72, had coincided with the creation
of the Punjabi Suba the Punjabi-speaking state and the first governments of
the Akali Dal. The productive cycle came to stagnation when the Congress took
control of the government in 1972. Continuous retardation in the agricultural out-
put marked the next five years. The consistent pattern of decline in food production
over these years fed speculations that the Green Revolution had run its course.
Studies of subsequent developments revealed that the stagnation was linked to the
Congress policies that kept a check on the growth of essential inputs: Credit, fertil-
izers, tube-wells and tractors. The Akali Dal, taking control of the government in
March 1977, broke the stagnation by changing the policies. It gave financial aid to
those farmers whose crops had suffered due to natural calamities. It reduced the
costs of electricity for tube-wells, fertilizers and pesticides.
The State Electricity Board gave the highest priority to new connections for
electric tube-wells. The government transferred the administrative control of the
cooperative department to a development commissioner, which allowed effective
planning and application of production programs. The distribution of short-term
cooperative loans rose from Rs.770 million in 1977 to Rs. 870 million in 1978, Rs.
1.05 billion in 1979 and Rs.1.54 billion in 1980. The long-term loans by land-
mortgage banks also went up. The result of liberal financing pushed up the con-
sumption of fertilizers. The total number of tube-wells went up from 362,000 in
1973 to 565,000 in 1980. Thus, by breaking the bottleneck in cooperative loans and
the consequent drop in the use of inputs, the Akali Dal retrieved the Green Revolu-
tion from the plateau it had reached in 1972.
The economic progress attained during this period, however, did not satisfy the
Jat Sikh farmers and their political spokesmen. It merely whetted their appetite for
greater provincial autonomy, particularly in its fiscal ties with the Centre and for
control over Punjabs river waters. The rapid progress of tube-well irrigation had led
to the fear that ground water resources could soon be depleted. They also wanted to
control their water resources to generate more power through hydroelectric projects.
The richer farmers wanted to invest their surplus money in manufacturing. The
Central government had for long been reluctant to industrialize Punjab, which it viewed
as a volatile border state. The urban Hindu, whom the Jat Sikhs viewed with the farmers
antipathy for the middleman of the town, monopolized the marginal industry.
In spite of the undercurrent of hostility that marked their relationship, the two seg-
ments of the population were not averse to mutual accommodation and compromise. In
fact, they had become locked in mutual dependency, following the commercialization
of agriculture and its increased reliance on the urban market, also monopolized by the
Hindus. Jat Sikhs definitely resented the Hindu monopoly over trade and industry as it
blocked their capital, generated from agriculture, from entering more productive av-
enues. However, with time, the Akali Dal had developed an effective strategy to com-
pete against Hindu urban interests, by alternating between belligerence and compro-
mise. The success of the strategy showed in their ability to form an alliance with the
BJP, formerly Jana Sangh, in spite of the anti-Sikh thrust of its politics.
Bhindranwale, although a Jat by birth, drew his main following from that
section of small farmers in Punjab who had become pauperized in the last two
decades of capital intensive agriculture. Furthermore, the process had driven 15 to
20 per cent of the rural population off the land. These were also his close allies.
Naturally, these sections of Bhindranwales followers looked at the prosperous farm-
ers of the Green Revolution with suspicion and resentment.
They also disliked the Hindu trader and the immigrant worker who disturbed
the place of the poor rural Sikhs in the local economy. They resented the Punjabi
Hindus because they controlled trade and industry and kept the Jat Sikhs out. In-
stead, they employed the docile migrant workers who were ready to labor happily
for lesser wages. Even then they earned considerably more than the maximum wages
in their own native states. Thus, the migrant Hindu labor began displacing the poor
rural Sikhs in the local economy.
The leaders of the Green Revolution benefited by employing outsiders as extra-
hands on their farms, particularly during the peak seasons of sowing and harvest-
ing. Their presence in Punjab nullified the local pressures that used to regulate
employment on equitable terms in both the agricultural and industrial sectors.
A developed industry could have absorbed these disgruntled groups of the Sikh
population. However, Punjab had been kept industrially backward although its phe-
nomenal progress in agriculture had generated all of the preconditions for rapid
industrialization. Thus the feeling gained ground that the Central government and
the Hindus of Punjab were conspiring to keep the Sikh economy from advancing
ahead of the Hindu average.
Until a few years ago, many unemployed youths from Punjab had been migrating to
the El Dorado of western countries. Those countries did not want them anymore and
were taking steps to keep them out. Traditionally, soldiering had been the main field of
employment for the Sikh youth. In addition, the profession gave them the opportunity to
keep up the martial pride of the Jat Sikh community. On the eve of the Independence,
nearly 30 per cent of the Indian Army comprised of the Sikhs. Their ratio in the Army
gradually came down. In 1974, the Union government took a policy decision by which
the martial reputation of races would not weigh against the principle of proportional
representation. Under the new policy, Punjab was to provide no more than 2.5 per cent
of recruits to the Army. The Sikhs share worked out to be 1.3 per cent.
The Sikhs viewed the policy as a deliberate attempt by the Central government to
weed them out of Indias fighting force. More significantly, the policy closed the main
avenue of employment available to the rural Sikh youth. Many experts have pointed out
that the unemployment of the youth in Punjab not only sustained the political turmoil
there, but also gave it a militant direction since the days of Bhindranwale.
For his followers, Bhindrawale exemplified the religious-military virtues, as a
saint-soldier or sant-sipahi. Volatile sections of the Sikh population that rallied
around him believed that Bhindranwale appeared on the scene to lead them to their
place in history, as promised by their 10
th
Guru: Raj karega Khalsa (the Sovereign
shall rule). Their psychological disposition to take either all or nothing was
diametrically opposed to the Akali politics of compromise; it was inevitable that
they would ultimately clash. Bhindranwale also attracted a section of the Sikh intel-
ligentsia, particularly retired army officers, bureaucrats, teachers and journalists.
This section of educated Sikhs, with its lofty self-image, had not been able to take
its place in the rustic setting of the Akali Dal under its half-literate leaders. They
Reduced to Ashes 32
castigated the Akalis as opportunists, and wanted to supplant them to pioneer a Sikh
nation. In this sense, the group was at one with the radical squads of Bhindranwale,
except that they rather fancied themselves in the role of intellectual mentors.
Thus, the alliance between the Akali Dal and Bhindranwale was fundamentally
incongruous. Bhindranwale personified an intransigent spirit that could not be rec-
onciled with the Akali politics of give and take. Besides, the Central government
had already shown a tendency to politically isolate the Akali Dal by portraying its
leaders as siding with secessionists and terrorists.
54
Indira Gandhi Moves to Consolidate Power
Meanwhile, Indira Gandhi was once again losing political ground at the national
level. The results of the byelections in 12 states of southern and northern India, held
in the third week of May 1984, had gone against the Congress. It had lost all the
prestigious contests. The Congress candidate in the Malihabad constituency in Uttar
Pradesh, had lost to the fledgling party of Maneka Gandhi, the Prime Ministers
estranged daughter-in-law. Rajiv Gandhis own constituency, as it happened, was
next to Malihabad. An intrepid Maneka Gandhi had announced that she would fight
her brother-in-law in the forthcoming parliamentary elections. The election results
had shown that northern India was being swept by a wave of Hindu anger over the
governments inability to suppress the Sikh extremist movement in Punjab. The
southern peninsula, on the other hand, was under the sway of strong regional par-
ties inimical to the Congress. In Andhra Pradesh, traditionally a Congress strong-
hold with its 42 parliamentary seats, a new regional party called the Telugu Desam
formed by a popular celluloid hero N.T. Rama Rao, had swept the polls.
55
The byelection results convinced Indira Gandhi that unless she took drastic action
against the Sikh agitation, largely perceived by the Hindu population as being
covertly secessionist, she would not be able to form the next government at the
Centre. A swift military operation to strike Bhindranwale and his band of followers
dumb, as the top brass of the Army had promised, would not only establish her as a
tough leader, but also restore her popularity through a communal polarization that
54
Mark Robinson, Farmer politics in the Punjab, Development Policy Review, Sage Publications, London,
Volume 7, No. 3, September 1989; Manohar Singh Gill, The Development of Punjab Agriculture, 1977-
80, Asian Survey, University of California Press. Vol. XXIII, No. 7, July 1983; The Political Economy of
Sikh Nationalism, Holly M. Hapka, Journal Fr Entwicklungspolitik, Wien, IV, Jg., Heft 4, 1988; The
Green Revolution and Cultural Change in a Punjab village, 1965-1978, Murray J. Leaf, Economic
Development and Cultural Change, Volume 31, Number 2, January 1983, University of Chicago Press;
Francine Frankel, Indias Green Revolution: Economic Gains and Political Costs, Princeton University
Press, 1971; Shyamala Bhatia, New Lions of Punjab: Emergence of Hindu middle class in 19th century
and early 20th century, PHC, Twenty third session, 17-19 March 1989; Sainik Samachar, New Delhi,
1987, p. 15; K. S. Sidhu and Parmeet Singh, A Historical evaluation of the problems of ex-servicemen of
Punjab, PHC, Twenty-second session, 25-27 March 1988; Harish K. Puri, The Akali Dal and State
autonomy: Some observations, PHC, Fourteenth Session, 28-30 March 1980.
55
The Tribune, 23 May 1984. Poll outcome a jolt for Congress; The Tribune, 18 May 1984, Akali Dal,
Centre in dilemma; The Tribune, 17 February 1984, Rajivs Statement condemned; The Tribune, 30
April 1984, Punjab Situation Better: Rajiv; The Tribune, 24 April 1984, Let Army control Punjab:
Advani; The Tribune, 4 May 1984, Get tough with terrorists; The Tribune, 28 May 1984, Madhook for
army rule in Punjab; The Tribune, 4 May 1984, Get tough with terrorists; The Tribune, 6 May 1984,
Eight organizations of Hindus merge
inevitably had to follow such an action.
56
Already, the leaders of Hindu political
parties had for some time been advocating the military option to end the trouble in
Punjab. The BJP and the Lok Dal of Charan Singh, former Prime Minister, had
formed a National Democratic Alliance (NDA) to mobilize public opinion against the
governments soft-pedaling of the Punjab situation. The legislators belonging to
the two parties in several north Indian states had been courting arrest daily to draw
public attention to the issue. Eight Hindu organizations of Punjab had merged to form
a united front called Rashtriya Hindu Suraksha Sena (National Hindu Defence Force),
and had been arming themselves to fight the Sikhs.
57
The Punjab Press had become
equally vociferous in demanding strong action. On 17 April 1984, The Tribune pub-
lished an editorial on its front page saying: The people of Punjab are not concerned
any more with means and methods. They want to be allowed to live in peace.
58
Many observers of the developments in Punjab have suggested that in the begin-
ning Indira Gandhi encouraged the militant groups around Bhindranwale with the
view to undermine the electoral base of the Akali Dal. It is also known that Indira
Gandhis reckless son Sanjay Gandhi, whom she had been grooming as her heir ap-
parent, tried to forge an alliance between the Congress and the Akali Dal.
59
Appar-
ently, these moves belonged to a common strategy to divide the Sikh vote.
60
Several
senior members of the Congress party from the neighboring province of Haryana
themselves said that their leaders were supporting the Sikh secessionist movement.
61
During the Sikh agitation, the Prime Minister had involved independent politi-
cians to persuade the Akali leaders for a compromise. They included Farooq
Abdullah, the chief minister of Jammu and Kashmir, Amarinder Singh, scion of
Patiala royalty and a friend of Rajiv Gandhi, and Harkishan Singh Surjeet, a CPI(M)
leader. Several times during these negotiations, the emissaries, as also the official
spokespersons for the Prime Minister, held out hopes of an impending settlement.
But nothing happened. The Prime Ministers emissaries later said that she always
backed out of her agreements with the Sikh leaders.
62
Subramaniam Swamy, then a leader of the Janata Party and a member of
56
Ram Narayan Kumar, The Sikh Unrest, Op. Ct, pp. 182-3.
57
The Tribune, 24 April 1984, Let Army control Punjab: Advani; The Tribune, 4 May 1984, Get tough with
terrorists; The Tribune, 28 May 1984, Madhook for army rule in Punjab; The Tribune, 6 May 1984,
Eight organizations of Hindus merge.
58
The Tribune, 17 April 1984, Massive Sabotage.
59
On 24 June 1980, Sanjay crashed to death while airlooping over a suburb of Delhi. Indira Gandhi then
brought her elder son, an Indian Airlines pilot, into politics. Rajiv became Indias Prime Minister after
his mothers assassination on 31 October 1984.
60
Mark Tully and Satish Jacob, Amritsar: Mrs. Gandhis Last Battle, Jonathan Cape, London 1985, pp.
60-62; HT, April 3, 1980, Cong-I open to election adjustments; HT, 28 April 1980, Akalis sending
feelers to Congress-I on adjustment; HT, 4 April 1980, Darbara Singh strengthened; HT, 20 April 1980,
End to Punjab Cong-I bickering not in sight.
61
HT, 6 November 1981, Congress-I men in Punjab backing separatists.
62
HT, 11 December 1982, Deadlock at Dal meeting; Kuldeep Nayar and Khushwant Singh, The Tragedy of
Punjab, Vision Books Pvt Ltd, Delhi, 1984, p. 66; HT, 8 February 1983, Talks with Akalis on: Laskar; HT,
6 April 1984, Sitanshu Das, Time for Quick Decisions; The Tribune, 25 April 1983, Punjab solution in
sight; The Tribune, 1 November 1983, Akalis favour talks with PM; The Tribune, 22 January 1984,
Punjab issue: Centre not in mood to relent; The Tribune, 28 January 1984, Kuldeep Nayar, New Formula
on Punjab; The Tribune, 6 February 1984, New bid for Punjab settlement; The Tribune, 17 February
1984, Rajivs statement condemned; The Tribune, 30 April 1984, Punjab Situation Better: Rajiv; The
Tribune, 11 July 1984, Akali Centre Secret Meetings; The Tribune, 14 July 1984, Surjeet blames Centre.
Reduced to Ashes 34
Parliament, spent three days from April 24 to 27 at the Golden Temple, a few weeks
before the Army assault, talking to the Sikh leaders, including Bhindranwale. He
published an article on 13 May 1984 issue of the Illustrated Weekly of India to say
that any attack on the Golden Temple by Indias security forces would be a great
folly. He wrote: If the firing is heavy, and the temple or the Akal Takht which
houses Guru Gobind Singhs swords are damaged, India, as a concept will be
destroyed. The wound inflicted on the Sikh heart and mind will be permanent and
there will be no end to the bloodshed, thereafter. In the same article, Swamy asked
why the officials of various para-military and intelligence organizations surround-
ing the temple complex were not arresting those criminals reportedly walking in
and out with total impunity.
63
This was an important question that I later raised with the then deputy commis-
sioner of Amritsar, Gurdev Singh who said that he had categorically informed the
highest officials of the Punjab government that if they wanted to arrest Bhindranwale,
there would be no major difficulty in organizing it. The chief minister, the governor
of Punjab and other senior officials told him that the directive to take action against
Bhindranwale had to come from Delhi. Gurdev Singh told the governor of Punjab
that, if necessary, he would send the police into the Golden Temple to arrest the
miscreants. He also cautioned against the use of the paramilitary forces on the ground
that they would mismanage the operation from their ignorance of the temples to-
pography. At the mention of the paramilitary, the governor told him that there was
no such plan. Gurdev Singh learnt about the governments decision to use the
Army to raid the temple on the evening of 3 June 1984.
64
Subramaniam Swami published another article soon after the massacre inside
the Golden Temple to say that the government had been master-minding a
disinformation campaign to create legitimacy for the action. The goal of this
disinformation campaign, according to Swami, was to make out that the Golden
Temple was the haven of criminals, a store of armory and a citadel of the nations
dismemberment conspiracy.
65
A cover story in Surya magazine, published soon after the Army operation,
made more sensational revelations. The story quoted highly placed and highly
disillusioned sources in the Research and Analysis Wing, the top-notch intelli-
gence organization in India, to claim that most of the arms inside the Golden Temple
had been smuggled in under the supervision of a special agency, created out of the
outfit and controlled directly by the director of the Prime Ministers secretariat.
One week before the Army action, the Punjab police had intercepted two truck
loads of weapons and ammunition in the Batala sub-division of Gurdaspur district.
But the officer of the third agency, in-charge of Amritsar, persuaded the director-
general of police (DGP) to release them and to send them along safely to the Golden
Temple.
63
The Illustrated Weekly of India, May 13, 1984, Subramaniam Swamy, In the Theatre of Violence,
pp. 7-11.
64
Ram Narayan Kumar, The Sikh Unrest and the Indian State, Ajanta Publications, Delhi, 1997,
pp. 180-182
65
Imprint, July 1984, Creating a Martyr, by Subramaniam Swami, pp. 7-8.
Operation Blue Star: The Army Assault
The assault against the Golden Temple, code named Operation Blue Star, was launched
on 5 June 1984, the martyrdom day of Guru Arjun who had the foundation of the
temple laid by a Muslim divine 400-years ago and was the first of the Sikh Gurus to
die in defiance of the Mughal empire. The assault, which the Sikhs themselves call
the Ghallughara,
66
was diabolically conceived not only to scathe the Sikh psyche, but
also to make the sufficient moral effect from a military point of view not only on
those who were present, but more especially throughout the Punjab.
67
That is how
Brigadier Dyer had explained his intention when he came to Jallianwala Bagh, near
the Golden Temple, to disperse an illegal assembly 65 years ago on 13 April 1919.
Dyer had acted impulsively, on his own. Operation Blue Star was not only envisioned
and rehearsed in advance, meticulously and in total secrecy, it also aimed at obtaining
the maximum number of Sikh victims, largely devout pilgrims unconnected with the
political agitation. The facts should speak for themselves:
On 24 May 1984, the Akali Dal announced a new program to intensify the
agitation starting from June 3 by blocking the transfer of Punjabs food grains to
other states, withholding all taxes due to the government and regular courting of
arrest by Sikh volunteers.
68
On May 25, the government used the announcement to deploy 100,000 Army
troops throughout Punjab, also encircling 42 important gurudwaras in the state in-
cluding the Golden Temple of Amritsar. The government should have placed Punjab
under a curfew if it wanted to prevent innocent pilgrims from gathering at the Darbar
Sahib in Amritsar and 41 other gurudwaras throughout Punjab that the Army planned
to attack, to celebrate Guru Arjuns martyrdom day. A team of Union ministers
deputed by Indira Gandhi met the top Akali leaders secretly on May 26, two days
after the announcement of their new program of agitation. This team at least could
have asked the Akali leaders to take steps to ward off the pilgrims in view of the
impending military operation. This was not done. On May 30, President Zail Singh,
the Supreme Commander of the Defence Forces and himself a Sikh, assured a del-
egation from Punjab that the army had no intention to assault the temple. The Presi-
dent himself was ignorant about the impending operation.
69
Until 1 June 1984, Jarnail Singh Bhindranwale held his regular public meetings
on the roof of the community kitchen inside the Golden Temple complex.
The meetings were open to all, and it should have been possible for a group of
commandos to nab him there by using minimal force. This was not done. It also
should have been easy for specially trained sharp shooters, who had positioned
themselves on the buildings around the temple, to target Bhindranwale and his armed
followers and to neutralize them. On June 1 afternoon, mixed groups of various
66
Ghallughara, meaning great massacre, is a term that was first used to describe the eighteenth century
slaughter of the Sikhs under the Afghan invader Ahmad Shah in 1761. J. S. Grewal, The Sikhs of the
Punjab, Revised Edition, Cambridge University Press, 1998, pp. 91, 229
67
Report of the Committee Appointed by the Government of India, Op. Ct pp. 30-31.
68
The Tribune, 24 May 1984, Noncooperation from June 3: Dal announces new plan.
69
The White Paper on Punjab, The Tribune, July 10 1984; The Tribune, July 11 1984, Akali-Centre
secret meetings; Ram Narayan Kumar, The Sikh Unrest and the Indian State, Op. Ct, pp. 177; Ram
Narayan Kumar & Georg Sieberer, The Sikh Struggle: Op. Ct, p. 264.
Reduced to Ashes 36
security agencies that had occupied the multi-storied buildings in the circumfer-
ence did open fire against the temple complex when Bhindranwale was holding his
audience on the roof of the kitchen building. In stead of targetting Bhindranwale,
the sharp shooters aimed at various buildings, including the main shrine of Harmandir
Sahib which sustained 34 bullet marks.
70
The objective of this barrage of firing,
that lasted for seven hours, was to assess the strength, the training and the prepared-
ness of Bhindranwales resistance.
According to Devinder Singh Duggal, in-charge of the Sikh Reference Library
located inside the Golden Temple complex and an eye-witness, Bhindranwales
followers were under strict instructions not to fire a single shot unless and until the
security forces or the Army entered the holy Golden Temple.
71
The action claimed
the lives of eight pilgrims, including a woman and a child, inside the temple com-
plex and injured 25 others. The Government of Indias document called the White
Paper on Punjab released on 10 July 1984 does not acknowledge this incident.
When the firing stopped, a group of Akali volunteers courted arrest. There was no
curfew in Amritsar that night and the next day. Thousands of pilgrims came into the
temple without restrictions. According to eye-witnesses, approximately 10,000 people
had gathered inside. There were also 1,300 Akali workers, including 200 women,
who had come to join the agitation announced by the Akali Dal. Although they had
come in without any hindrance, they could not leave without risking arrest. In the
aftermath of June 2, two Sikh students from Delhi wanted to take a train back to their
city to appear for an examination next morning. At the Amritsar railway station, they
realized that all the outgoing trains had been cancelled. But there was no declaration
of a curfew to stem the stream of pilgrims into the Golden Temple.
72
Journalists were
allowed to move in and out of the temple complex, and to interview Bhindranwale,
until the evening of June 3 when suddenly the government imposed the curfew. Three
journalists who came out of the temple complex after speaking to Bhindranwale that
evening, told me that there were more than 10,000 Sikh devotees inside with no idea
of what was about to follow. One journalist counseled some village women, who
nervously questioned him about the Army deployment, to stay put until the curfew
was lifted. The journalist himself had no clue about the scale and the nature of the
Army operation underway.
73
A group of human rights workers from Delhi who later
investigated the Ghallughara, concluded that the failure to warn the people was not
forgetfulness but deliberate.
74
The top brass of the Army was working on a grand plan, involving the use of
heavy weapons including battle tanks and helicopters obtained from the Air Force.
75
The civil administration had no chance to prepare for contingencies because it was
kept completely in the dark about the operational details. The deputy commissioner
70
Operation Blue Star: The Untold Story, A report prepared by Amiya Rao, Aubindo Ghose, Sunil
Bhattacharya, Tejinder Ahuja and N. D. Pancholi, page 5 of 24
http://www.panthkhalsa.org/raj_june84report.html
71
The Operation Blue Star: The Untold Story, Op. Ct, page 4 of 24.
72
Operation Blue Star: The Untold Story, Op. Ct, page 5 of 24.
73
Ram Narayan Kumar, The Sikh Unrest and the Indian State: Op. Ct, p. 188.
http://www.sikhs.org/1984b.htm.
74
75
The White Paper on Punjab, the text reproduced in The Tribune, July 11 1984.
of Amritsar learned about the Army action officially on June 3 evening when he
attended a meeting with Major General K. S. Brar, divisional commander of the 9
th
Division, at a control room set up in the citys cantonment area. Asked by General
Brar to give his opinion on Bhindranwales morale, the deputy commissioner tried to
tell him that the militant Sikh preacher would not surrender easily. General Brar did
not allow the deputy commissioner to finish his point, but began to exult on his re-
doubtable action plans: When tanks rattle, planes roar and the ground fires, even
generals tremble in their trousers
76
Earlier, the government had ignored the deputy
commissioners recommendations to capture Bhindranwale through a swift police
operation. Gurdev Singh was later replaced with a more complaint civil servant.
The Army began the assault on June 4 morning by firing heavy artillery and
mortars against the temple complex, destroying the tops of two 18 century towers,
the water tank behind a large public assembly room called Teja Singh Samundri
Hall and other buildings in the circumference. Hundreds of people were killed in
the criss-cross of intense firing that continued throughout June 4. According to
Bhan Singh, then general secretary of SGPC no warning was given before the Army
started shelling the temple. The Army detained volunteers of the Red Cross who
wanted to help the injured at the Jallianwala Bagh.
77
Housed in the main shrine of the temple were 50 to 60 priests, singers and other
attendants responsible for various liturgical tasks. Amrik Singh, a blind singer of
religious hymns and a few other temple employees were killed on June 5 morning,
when they stepped out of the shrine to fetch water for the group inside.
78
Later that
evening, tanks belonging to the 16
th
Cavalry Regiment moved into the plaza in front
of the northern entrance to the Golden Temple after Bhindranwales fighters repulsed
several attempts made by the commandos of the 1
st
Battalion of the Parachute Regi-
ment to capture the Akal Takht. Eventually, a group of the 7
th
Garhwal Rifles suc-
ceeded in establishing a position on the roof of the library building. Two companies
of the 15th Kumaon Regiment later joined the 7
th
Garhwal Rifles to provide reinforce-
ment. But the Akal Takht remained impenetrable. In the night of June 6, a suicide
bomber destroyed an armored personal carrier that advanced towards the Akal Takht
in the south side of the circumference. Soon thereafter, eight Vijayanta tanks moved
in to batter the Akal Takht with their large 105mm cannons equipped with high ex-
plosive squash-head shells. Eighty shells were fired at the most sacred of the Sikh
shrines, erected by the sixth Sikh Guru as a counterpoint to the seat of political power
in Delhi, reducing it to rubble. The golden dome of the shrine caved in by the firing
from a heavy Howell gun, mounted on an adjacent building.
79
The same night, a battalion of the Kumaon Regiment invaded the hostel complex
at the eastern side where hundreds of pilgrims, the Akali leaders, including Harchand
Singh Longowal and Gurcharan Singh Tohra, and employees of the SGPC had taken
shelter. The Armed Forces took Longowal, Tohra and other senior Akali leaders into
76
Ram Narayan Kumar, Op. Ct, pp. 182-3.
77
Kuldip Nayar & Khushwant Singh, The Tragedy of Punjab, Vision Books, Delhi, 1984, pp. 94-8.
Operation Blue Star: The Untold Story, Op. Ct, pp. 5 and 7 of 24.
78
79
Kuldeep Nayar & Khushwant Singh, Op. Ct, pp. 95-100; Mark Tully & Satish Jacob,
Amritsar: Mrs. Gandhis Last Battle, pp. 160-175; Surya India, Politics of Bloody Revenge,
November 1984, pp. 39-42. http://www.sikhs.org/1984b.htm
Reduced to Ashes 38
custody, but kept them in a room that served as a temporary centre of detention until
June 6 evening when they moved them to an Army camp. Soldiers ordered all others
out of the rooms into the courtyard while the shelling of the Akal Takht continued.
When a bomb exploded near the hostel, soldiers began to shoot at the group of people
huddled in the courtyard. The SGPCs secretary Bhan Singh ran to Longowal and
Tohra, who came out to beseech the Major in-charge of the battalion to stop shooting
the innocent pilgrims. Early next morning, Bhan Singh counted at least 70 dead
bodies of old men, women and children. Soldiers, commanded by a Major, contin-
ued to line up young Sikhs along the hostels corridor to be shot. When Bhan Singh
protested, the Major flew into a rage, tore away his turban and ordered him to either
flee the scene or join the array of martyrs. Bhan Singh turned back and fled,
jumping over the bodies of the dead and injured. Hundreds of young Sikhs, innocent
pilgrims from the villages, were killed in this manner. A woman school teacher, Ranbir
Kaur, witnessed the shooting of another group of 150 persons whose hands had been
tied behind their backs with their own turbans.
Narinderjit Singh Nanda, the public relations officer of the Golden Temple, and
his wife spent the night of June 5 in a basement under his office. At the midday of
June 6 afternoon one army officer took them to the square in front of the main
entrance gate on the northern side of the temple. They had to step over the bodies
strewn everywhere. Nanda was to be shot by a soldier when a Brigadier, recogniz-
ing him, intervened to rescue him. A young Lieutenant then took Nanda over to the
other side of the circumference, close to the library building, and asked him to stand
against the wall and say his last prayers. Nanda was, however, destined, to live. The
Brigadier showed up again and ordered the Lieutenant to let go of him.
A singer at the Golden Temple, Harcharan Singh Ragi, his wife and their young
daughter came out of their quarters near the information office on June 6 afternoon.
They witnessed the killings of hundreds of people, including women, and would
themselves have been shot if a commander had not taken pity on their young daughter
who fell at his feet begging him to spare her parents lives.
80
The soldiers were in a foul mood. According to the official White Paper on
Punjab, 83 army personnel had been killed and 249 wounded during the operation.
Private estimates give much higher figures of Army casualties.
81
After the destruc-
tion of the Akal Takht, they drank and smoked openly inside the Temple complex
and indiscriminately killed those they found inside. For them, every Sikh inside
was a militant. According to the White Paper, 493 militants were killed, 86 wounded
and 1,592 apprehended during the operation. These numbers add up to 2,171, and
fail to explain what happened to at least 5,000 pilgrims trapped inside when the
operation began. The eye-witnesses claim that 7,000 to 8,000 people were killed.
Mark Tully estimated that approximately 4,000 people might have died. Chand
Joshi suggested 5,000 civilian deaths.
82
80
Operation Bluestar: The Untold Story, Op. Ct, page 13 of 24.
81
Chand Joshi, Bhindranwale: Myth and Reality, S. Chand, New Delhi, 1984, p. 161; J. S. Grewal, The
Sikhs of the Punjab, Revised edition, Cambridge, 1998, p. 227.
82
Operation BlueStar: The Untold Story, Op. Ct, pp. 15 and 16 of 24; Mark Tully and Satish Jacob,
Amritsar: Mrs. Gandhis Last Battle, Op. Ct, p. 182; Chand Joshi, Bhindranwale: Myth and Reality, Op.
Ct, p. 161; Surya India, November 1984, Psychology of Revenge; http://www.sikhs.org/1984b.htm
Brahma Chellaney, a Associated Press correspondent, had managed to dodge
the authorities to remain in the city during the Operation Blue Star. Later, he re-
ported that dead bodies were taken in municipal garbage trucks round the clock and
burnt in heaps of 20 or more. One attendant at the citys crematorium told him that
there was not enough wood to burn the dead individually. He also saw an esti-
mated 50 corpses in a large garbage lorry. At least two masculine legs stuck out
from the back of the gray truck. A forehead with long flowing hair, apparently that
of a male Sikh hung from the left side. Chellaney also saw the dead bodies of at
least two women and a child. He talked to a doctor who had been forced to sign
post-mortem reports of some people killed inside the temple. The doctor corrobo-
rated the reports that their hands had been tied before the soldiers shot them.
83
The Army had isolated and stormed 41 other main gurudwaras throughout Punjab.
In the absence of a thorough investigation, it is difficult to estimate the casualties, but it
is known that the operation against many gurudwaras turned out to be a bloody affair.
The White Paper on Punjab says that terrorists at Moga and Muktsar offered a fair
amount of resistance.
84
Tiwana Commission of Inquiry, appointed by the Akali state
government two years later to investigate complaints of torture in Army custody, said
that 257 persons were shot at during the storming of the Dukhniwaran Gurudwara at
Patiala.
85
In the absence of an independent and comprehensive inquiry, the total figures
of casualties and arrests during the Army operation in Punjab can never be known. The
storming of the temples was followed by a mopping up operation in Punjabs country-
side, code named Operation Woodrose, resulting in thousands of young Sikhs getting
apprehended. The government claims that its forces apprehended a total of 4,712 people.
86
According to the White Paper on Punjab, the storming of the Golden Temple
resulted in the apprehension of 1,592 terrorists. Out of these, 379 were detained
under the National Security Act (NSA) and the Terrorist and Disruptive Activities
(Prevention) Act, (TADA). Independent investigations suggest that the large ma-
jority of 379 persons detained under these laws were innocent, ordinary persons
who had gone to the Golden Temple to take part in an important religious event.
87
In September 1984, Mrs. Kamala Devi Chattopadhyaya, a social worker based
in Delhi, moved a petition before the Supreme Court to raise some issues about the
people the government had detained as the most dangerous terrorists. The peti-
tion demanded the Courts intervention for the release of 22 children aged between
two and 16 years, who had been rounded up from the Golden Temple and were
being held in the Ludhiana jail. Two judges of the Supreme Court, Chinnappa Reddy
and V. Khalid, ruled that there was no justification for detaining them as they were
pilgrims visiting the Golden Temple during Operation Blue Star. At this order, the
22 children lodged at the Ludhiana jail were released. But the police rearrested
most of them and tortured them at various interrogation centres for information on
their relatives who had probably been killed during the Army operation.
88
83
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle: Op. Ct, pp. 265-6.
84
The White Paper on Punjab, The Tribune, July 11, 1984.
85
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle: Op. Ct, p. 344.
86
ibid; J. S. Grewal, The Sikhs of the Punjab, Op. Ct, p. 228.
87
Operation BlueStar: The Untold Story, Op. Ct, pages 17 to 23 of 24.
88
ibid, p. 291; The Indian Express, 3 April 1985, Writ on children in Punjab jails.
Reduced to Ashes 40
There were more children rounded up from the Golden Temple, in Punjab jails
than Kamala Devi knew. After her petition before the Supreme Court, many children
lodged in the Ludhiana jail got transferred to the high security prison in Nabha. But a
correspondent of The Indian Express found out that Jaswant Singh and Kewal Singh,
lodged in the Nabha prison under the NSA, were 11 and 15-years-old, and published
a story about them on 24 October 1984. On 27 October 1984, a Sikh religious organi-
zation moved a criminal writ petition no. 551 of 1984 before the High Court of Punjab
and Haryana to demand their release. The petition said that the children were not
involved in any criminal case and that the government had used the NSA to cover
their detention many months after illegally arresting them on 3 June 1984. The peti-
tion prayed that the court should quash their detention as being mala fide and also
order a thorough inquiry about the circumstances that permitted minor children un-
connected with crime to be held in high security prisons.
Justice M. M. Punchi heard the petition and disposed it with the following or-
der: The petition is extremely vague and tends to ask for a fishing inquiry. Dis-
missed. M. M. Punchi was later elevated to the Supreme Court and briefly served
as Indias Chief Justice.
89
As we have already observed, the attack on the Golden Temple, the destruction of
the Akal Takht and the atrocities that followed the Army operations, produced in all
sections of the Sikhs a sense of outrage that was hard to alleviate. In any case, no
attempts were made towards appeasement. The large majority of Hindu India, even if
politically hostile to Indira Gandhi, identified with and exulted in her will to over-
whelmingly humble a recalcitrant minority. The sentiment was echoed by Morarji
Desai, the former Prime Minister who had led the democratic coalition that replaced
Indira Gandhis Emergency regime in March 1977: Nation would have been de-
stroyed if the Army had not been moved in. All the terrorists have not been finished
yet. They should be liquidated as they are maligning the image of the Sikhs and pose
a fundamental threat to the very existence of the country.
90
The statement conveys a
position of Hindu militancy that has acquired the sophisticated advocacy of many
successful people with a wistful involvement in the glory that was Hinduism, a
glory that has remained unfulfilled in the calamitous millennium.
Trinidad born writer Sir Vidyadhar S. Naipaul, who has made Britain his home,
recently said: Dangerous or not, Hindu militancy is a corrective to the history I have
been talking about. It is a creative force and will be so. In the same interview, Sir V.
S. Naipaul also talked about the great Indian aesthetic-architecture: The Mughal
buildings are foreign buildings. They are a carry-over from the architecture of Isfahan.
In India they speak of the desert. They cover enormous spaces and they make me
think of everything that was flattened to enable them to come up The Taj is so
wasteful, so decadent and in the end so cruel that it is painful to be there for very
long.
91
Sophisticated Hindus with such views on Indias history could not regret the
destruction of Amritsars Golden Temple which is Islamic in essential architecture
and had become the symbol of the Sikh defiance to Indias seat of authority in Delhi.
89
Ram Narayan Kumar & Georg Sieberer, Op. Ct, pp. 291-2.
90
The Tribune, 28 June 1984, Nation Saved: Desai.
91
Outlook, 15 November 1999, Christianity didnt damage India like Islam: Interview with V. S. Naipaul
http://www.outlookindia.com/19991115/naipaul.htm
Stanley Wolpert, the author of Nehru: A Tryst with Destiny, said When the tanks
rolled into the Golden Temple, Prime Minister Indira Gandhi had really signed her
death warrant because the Sikhs have very long memories, and they felt that that kind
of invasion into the Vatican, the mecca of the Sikh faith, was intolerable.
92
This view
of the Sikh reaction to the Golden Temples destruction requires the capacity of an
outsider to empathize with the sentiments of a demonized minority, unavailable among
those who belonged to the Hindu political framework.
Assassination of Indira Gandhi and Delhi Pogroms
In the morning of 31 October 1984, Prime Minister Indira Gandhi was going to be
interviewed by Peter Ustinov, well known film actor, playwright and director, for a
BBC program. Indira Gandhi wore a colorful sari and discarded her bulletproof
vest to look elegant enough for the television interview. As she stepped out of her
house, two of her Sikh security guards opened fire, one with his service revolver
and the other with his sten gun. Indira Gandhi collapsed on the spot. Peter Ustinov
could not witness the assassination as he was behind the hedge in the garden. But he
recorded the sound. First, there were three revolver shots. The Indian cameraman
thought they were firecrackers. Again, there was a round of machine gun fire.
The ambulance arrived and took Indira Gandhi to the All India Medical Institute
(AIIMS). Seven minutes later, Ustinovs sound system recorded another burst of
machine gun fire, and he concluded that there had been a settling of accounts. A
second group of bodyguards took the Sikh assassins to the guard-house and shot
them there. One of them, Beant Singh, died, but his accomplice Satwant Singh
survived to stand trial.
93
The attempt to finish them off was seen as belonging to a
larger conspiracy to cover up its ramifications.
94
92
Book Notes Transcript: Stanley Wolpert, - http://www.booknotes.org/transcripts/50133.htm page 9 of 21.
93
Peter Ustinov, Time Yahoo Chat, -
http://www.pathfinder.com/time/community/transcripts/1999/082599ustinov.htm
94
Twenty days after the assassination, the government appointed a commission of inquiry headed by a
sitting judge of the Supreme Court, M. P. Thakkar, to investigate the conspiracy. The police without
waiting for the report of the commission arrested and interrogated many and brought to trial as co-
conspirators, apart from Satwant Singh, two other serving Sikh officers of the Delhi police attached to the
Prime Ministers security, Kehar Singh and Balbir Singh. The trial court sentenced all of them to death.
The high court confirmed the death sentences. Kehar Singhs conviction was founded on his
confessional statement, exacted under interrogation, that on learning about Mrs. Gandhis assassination
he had remarked: Whoever would take confrontation with the Panth would meet the same fate. The
remark, the Supreme Court, ruled, indicated his guilty mind. Ram Jethmalani, a prominent lawyer and
now a Union minister, moved the Supreme Court to argue that to carry out the death penality imposed on
the strength of very fortuitous and circumstantial evidence, specially when neither the courts nor the
President had examined the Thakkar Commission report, would amount to judicial murder. The Court
remained unmoved. Satwant Singh and Kehar Singh were hanged on 6 January 1989. Before long, the
Indian Express published excerpts from the confidential report of the Thakkar Commission, submitted to
the government in February 1986, that had been withheld even from the Parliament through an
amendment in the Commission of Inquiry Act. The excerpts published in the Indian Express revealed that
the commission had pointed a finger of suspicion towards R. K. Dhawan, then special assistant of Mrs.
Gandhi, who was present at the scene of the crime. According to the report, Dhawan had not only got the
assassins posted to the innermost circle of the Prime Ministers security ring, in spite of adverse
intelligence reports, he had also manipulated the timing of her appointment for the television interview to
facilitate the crime. Instead of taking action on the recommendations of the report, the government
Reduced to Ashes 42
Indira Gandhis assassination sparked off organized violence against innocent
Sikhs all over north India, and it became extraordinarily vicious in Delhi. Getting
involved with a group formed immediately after the outbreak of the mayhem to
rescue and rehabilitate the victims, I became personally acquainted with the pat-
terns of systematically orchestrated violence that claimed 3,000 innocent Sikh lives
in the next three days. The Congress party workers had gathered in large numbers
outside the AIIMS where Indira Gandhi was rushed immediately after her security
guards had shot her. As I drove by the hospital, I noticed the explosive temper of
the crowd that was raising vicious slogans of revenge. Several Sikhs on the road
had already been assaulted. President of India Zail Singh, a Sikh, had cut short his
visit to Mauritius and had driven to the hospital straight from the airport around
2:30 p.m. The crowd stoned the Presidents car and raised slogans proclaiming
Rajiv Gandhi to be their leader. The All India Radio announced Indira Gandhis
death at 6 p.m. Half-an-hour later, the President of India swore in Rajiv Gandhi as
the Prime Minister. Khushwant Singh, a well known Sikh writer, a member of Par-
liament and a personal friend of the Nehru family, wrote: In medieval India, deaths
of ruling monarchs were not made public till a successor had been named. The
practice was observed in October 1984. In the next hours, many areas of Delhi
witnessed outbreak of violence. Sikh taxi and bus drivers were manhandled and
their vehicles burnt. Many shops and factories owned by the Sikhs were also at-
tacked. But there were not many killings that evening. That night, according to
Khushwant Singh, politicians belonging to the ruling Congress party met to de-
cide how to teach the Sikhs a lesson they would never forget.
Early next morning, hordes of people from the suburbs of Delhi were trans-
ported to various localities in the city where the Sikh population was concentrated.
The mobilization suggested the backing of an organization with vast resources. The
criminal hordes descending on the city carried crude weapons like iron rods, knives,
clubs and combustible material, including kerosene, for arson. They were also sup-
plied with lists of houses and business establishments belonging to the Sikhs in
various localities. The government controlled television Doordarshan, and the All
India Radio began broadcasting provocative slogans seeking bloody vengeance,
khoon ka badla khoon se lenge (Blood for blood!). Murderous gangs of 200 or
300 people led by the leaders, with policemen looking on, began to swarm into Sikh
houses, hacking the occupants to pieces, chopping off the heads of children, raping
women, tying Sikh men to tires set aflame with kerosene, burning down the houses
and shops after ransacking them. Mobs stopped buses and trains, in and out of
Delhi, pulling out Sikh passengers to be lynched to death or doused with kerosene
and burnt alive. In some areas, the Sikh families grouped together for self-defence.
The police officials then arrived to disperse them, by force when persuasion did not
work. In other areas, the police searched the houses for weapons including ceremo-
nial daggers, and confiscated them before the mobs came. Over the next five days,
nearly 3,000 Sikhs were killed. Khushwant Singh realised what Jews must have
adopted the diversionary ploy of charging four prominent Sikh leaders, including Simranjit Singh Mann,
of participating in the conspiracy to kill Mrs. Gandhi. The case was withdrawn following the defeat of
the Congress party in the general elections held in November 1989. Ram Narayan Kumar & Georg
Sieberer, The Sikh Struggle: Op. Ct, pp. 294-6.
felt like in Nazi Germany. He concluded: The killing assumed the proportion of a
genocide of the Sikh community.
95
The rehabilitation camp that I had helped set up in Shakarpur, a trans-Jamuna
locality of Delhi, housed 2,000 refugees, among them a large number of widows
and children who shared with me their nightmarish experiences. The Delhi pogrom
has been documented by several organizations. The Peoples Union for Civil Liber-
ties and the Peoples Union of Democratic Rights published a joint report, called
Who are the Guilty? The report says that the attacks on the members of the Sikh
community in Delhi far from being spontaneous expressions of madness and of
grief and anger at Mrs. Gandhis assassination, as made out by the authorities,
were the outcome of a well organized plan marked by acts of both deliberate com-
mission and omission by important politicians of the Congress and by authorities in
the administration The report mentions the names of 16 important Congress
politicians, 13 police officers and 198 others, accused by survivors and eye-wit-
nesses. The report by the Citizens for Democracy, led by former High Court Justice
V. M. Tarkunde, concluded that the carnage was orchestrated by the ruling party.
Yet another investigative report compiled by a team of prominent citizens includ-
ing retired Chief Justice of the Supreme Court, S. M. Sikri, former civil servants
Badruddin Tyabji, Rajeshwar Dayal and others, came to the same conclusions.
96
The government decided to close down 28 temporary homes, set up by an
organization called the Nagrik Ekta Manch (Citizens Unity Forum) to shelter Delhis
uprooted Sikhs. These homes had become the focal points for the documentation
of the carnage, which the government wanted to cover up. Before closing the
homes, the government proposed to monetarily compensate the victims with Rs.
10,000 for a death in the family, Rs. 5,000 for substantial destruction of property,
Rs. 2,000 for injury and Rs. 1,000 for insubstantial harm to property. These amounts,
at the current exchange rate of Rs. 44 to 1, are approximately $ 225, $110, $45 and
$22. These figures show the official evaluation of the worth of the lives destroyed,
their physical and psychological integrity and their hard-earned properties. No com-
pensation was given for the destruction of household items, consumer goods and
merchandise in business establishments and industrial assets.
97
Early in January 1985, journalist Rahul Bedi of The Indian Express and Smitu
Kothari of the Peoples Union for Civil Liberties moved the High Court of Delhi to
demand a judicial inquiry into the pogrom on the strength of the documentation
carried out by human rights organizations. Justice Yogeshwar Dayal dismissed the
petition after deprecating those busybodies out for publicity, who poke their noses
95
Who are the guilty? A joint report by the Peoples Union for Democratic Rights and Peoples Union for
Civil Liberties, New Delhi, 1984; 31 October to 4 November 1984, Citizens Commission, Delhi, 1985;
Truth about Delhi Violence: A report from the Citizens for Democracy, New Delhi; The Sikhs: The
Minority Rights Group Report, No. 65, Christopher Shackle, London 1986, London; Ram Narayan
Kumar & Georg Sieberer, The Sikh Struggle: Op. Ct, p. 1; Khushwant Singh, My Bleeding Punjab,
UBS Publishers Distributors Ltd., Delhi, 1992, pp. 88-96; J. S. Grewal, The Sikhs of the Punjab, Op.
Ct, p. 229; M. J. Akbar, India: The Siege Within, Penguin Books, Harmondsworth, 1985, p. 109.
96
Who are the guilty? A joint report by the Peoples Union for Democratic Rights and Peoples Union
for Civil Liberties, New Delhi, 1984; 31 October to 4 November 1984, Citizens Commission, Delhi,
1985; Truth about Delhi Violence: A report from the Citizens for Democracy, 1984, New Delhi.
97
The Delhi Massacre: An Example of Malicious Government http://ds.dial.pipex.com/town/square/
ev90495/delhi.htm page 9 of 10.
Reduced to Ashes 44
into all matters and waste the valuable time of the judiciary.
98
In the 18 years since the massacre occurred, seven commissions of inquiry have
been set up to investigate the Delhi carnage. The first commission of inquiry ap-
pointed by the Rajiv Gandhi government in 1985 under Justice Ranganath Mishra
of the Supreme Court served the purpose of covering-up the role of the Congress
party leaders in organizing and executing the carnage. As a reward, the Congress
government appointed Mishra as the first chairman of the NHRC after his retire-
ment as the Chief Justice of the Supreme Court. Currently, Mishra is a Congress
MP.
99
The last of the commissions under retired Supreme Court judge G. T. Nanavati,
appointed by the Union government on 10 May 2000, has still not been able to
complete its work. Several credible media reports attribute the delay to the lethargic
attitude of the Union home ministry itself. A Frontline report points out that the
ministry is claiming the inability to trace several important records, required by the
commission, including the communications among the home ministry, the ministry
of defence, the Army and the Lt. Governor of Delhi, and the minutes of the meet-
ings held by then home minister P. V. Narashimha Rao with his officials between
31 October and 5 November 1984. The Union home ministry has also not been able
to provide copies of depositions made before the Justice Ranganath Mishra Com-
mission by then Chief of the Army Staff, General A. S. Vaidya, Major-General A.
S. Jamwal and Major J. S. Sandhu.
100
Meanwhile, several victim families have written
to the commission that they have been receiving threats accompanied by physical
violence, to withdraw their complaints.
101
There are indications that the Nanavati
Commission too will fail to serve the ends of justice. The commission under Justice
R. S. Nirula, established by the chief minister of Delhi in December 1993, in its
report had called for action against 72 police officials and 21 others, including
Congress politicians. The report had pointed out that a 26,646 strong police force,
including its officers, for a city with 6.5 million people in 1984, meant that there
was one policeman for roughly 240 citizens. This was a sufficient force to stop the
carnage if the police had wanted to act.
102
However, as Amnesty International com-
plained in a memorandum to the Government of India, none of the recommenda-
tions of these commissions have been implemented, nor have any of the accused
policemen and politicians been brought to justice. Amnesty International also ob-
served that the Delhi administrations director of prosecution wanted the cases against
the indicted policemen to be dropped.
103
The Delhi administration argued that there
was insufficient evidence to obtain their conviction.
This issue of evidence was taken up by the additional sessions judge of Delhi, S.
N. Dhingra, who examined some of the cases pertaining to the November 1984
98
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle: Op. Ct, p. 1.
99
The Indian Express, 3 October 2000, Manoj Mitta, 1984 riots 10,000 affidavits filed
http://www.indian-express.com/ie/daily/20001003/ina03069.html
100
Frontline, Volume 18, Issue 13, June 23 July 6, 2001, Naunidhi Kaur, Commission of Inquiry: Justice
delayed, http://www.flonnet.com/f11813/18130910.htm
101
The Indian Express, 25 October 2000, Anuradha Nagaraj, Complainants cousin roughed up
http://www.indian-express.com/ie/daily/20001025/ina25016.html
102
Frontline, Volume 19, Issue 1, January 05 18, 2002, Naunidhi Kaur, Commissions of Inquiry: Crime
and Connivance http://www.flonnet.com/f11901/1901810.htm
103
AI Index: ASA 20/20/94 Memorandum to the Government of India: Arising from an Amnesty
International visit to India 5-15 January 1994, http://www.amnesty.org/ailib/1994/ASA/202094.ASA.txt
pogrom. In a 92-page judgment, delivered on 28 August 1996, Judge Dhingra ac-
cused the police, the administration and the government of deliberately suppressing
and destroying the evidence. The judgment categorically said that the government
protected all those connected with the 1984 riots, the actual murderers and their
mentors within the police and the political establishment: The inaction of the po-
lice, the inaction of the government and the administration in the riot cases was a
well thought out process. It was necessary to save those who were involved in the
crime. Perhaps it was considered by the rioters and the rulers alike that the massacre
was necessary to teach a lesson and those who engineered the mass murders must
be protected. The judgment concluded: Unless the system rewrites itself and the
investigating agencies are liberated from the clutches of the executive, there is little
possibility of faithful and honest investigation by investigating agencies against
influential and politically powerful offenders.
104
In March 1998, the Union and the state government of Delhi banned a new book
on the Delhi massacre. The book has been authored by an eyewitness, Gurucharan
Singh Babbar, who has persistently campaigned for justice. The book draws mainly
from eyewitness accounts and also accuses the judiciary of acquiescing in the pro-
cess of the cover-up. The decision to ban the book was taken after the Delhi High
Court admitted a petition from a Hindu praying for its proscription. The bench of
the high court that heard the petition approved the governments decision to out-
law the book from further publication, distribution and sale.
105
That is the kind of
consensual commitment to suppress inconvenient truth that proves the veracity of
what Naipaul told an Indian magazine Outlook: Defeated people never write their
history. The victors write the history For people on the other side it is a period of
darkness. Naipaul was explaining the absence of the Hindu historical chronicles
about the Muslim invasion of India. The point applies, with equal force, to the
situation of the minority communities in the peripheral states of India today.
Abortion of a Peace Accord
Jaswant Singh Khalra, although from Amritsar, had no truck with Jarnail Singh
Bhindranwale. He did not agree with the manner in which Bhindranwale was
radicalizing the Sikh masses. In his opinion, they were easily provoked and often
took on formidable fights without weighing their strength and the state of prepared-
ness. He recognized that Bhindranwale was instrumental in channelising the Sikh
aspiration for justice and gathered young and underprivileged people around him,
unlike the Akalis who worked only with the established and prosperous elements in
the Sikh society. But he disagreed with the manner and the pace at which he pre-
cipitated the armed confrontation between the Sikhs and the Government of India.
In his opinion, peoples struggles for substantial reforms within the established
order could not be won by the use of violence.
Jaswant was surprised when, soon after winning the elections, Rajiv Gandhi
released important Akali leaders from detention to negotiate with them a peace
104
The Hindu, 29 August 1996, 1984 riots: Strictures against Govt.
105
Rediff On The Net, March 23 1998, Communal Sarkari qatl-e-aam banned.
Reduced to Ashes 46
accord that he signed with Harcharan Singh Longowal, their president, on 25 July
1985.
The accord delineated 11 points of common consent, making the following main
concessions. It promised: (a) To transfer Chandigarh to Punjab by 26 January 86;
(b) To set up tribunals presided over by Supreme Court judges to adjudicate the
river water and territorial disputes; and (c) To refer the Akali resolution for provin-
cial autonomy to a commission appointed to recommend changes in the Centre-
state relationship to bring out the true federal characteristics of our unitary Consti-
tution. The accord also promised to inquire into the Delhi killings of November
1984, to withdraw the Armed Forces Special Powers Act and to restore the rule of
law and human rights in Punjab. The accord paved the way for the restoration of a
popular government in the state.
Longowal was assassinated 26 days after he signed the accord by militants who
called it an act of betrayal. However, Longowals moderate successor, Surjit Singh
Barnala, led the party to a thumping victory in the state assembly elections held in
September 1985 by winning 72 out of 117 seats. Although the Sikh extremists were
unhappy about the compromise with a Central government that had destroyed the
Golden Temple, Barnala stood by the terms of the accord that had promised to
usher in an era of amity, goodwill and cooperation between the Sikhs and the
Indian Union.
106
The Central government repudiated its part of the accord in its entirety.
Chandigarh was not transferred to Punjab as promised. The commissions on the
river waters and territorial disputes were scuttled. Those guilty for the November
1984 massacre of the Sikhs remained unpunished. The examination of the Centre-
states relationship was restricted to an investigation within the basic structure of
the Constitution.
On 26 January 86, a large congregation of Sikhs gathered at the site of the
demolished Akal Takht to review the political developments in the state. That day,
the top headline of all newspapers announced the governments decision to shelve
the main part of Longowals accord with Rajiv Gandhi: The promise to transfer
Chandigarh to Punjab before 26 January 1986.
Four days ago, the court that had been trying the case of Indira Gandhis assas-
sination handed out its judgement. All the accused were sentenced to death by hang-
ing.
107
These news reports, read out to 30,000 participants, carried home the point
that India would not make the smallest concession to the Sikhs.
108
The political
resolution adopted by the congregation said that if the assassins of Indira Gandhi
were hanged, they would become the first martyrs of Khalistan. The congregation
also appointed a five-member panel called the Panthic Committee to guide the Sikh
struggle to its goals, allegedly betrayed by the incumbent Akali government.
109
106
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle: Origin, Evolution and Present Phase, ibid,
p. 270. Longowal was assassinated on 20 August 1985, 26 days after he signed the accord with the
Indian Prime Minister.
107
The Tribune, 23 January 1986, Indira murder case: Satwant two others to die.
108
The Tribune, 26 January 1986, Punjab, Haryana decisions deferred - Mathew Panel Report: City
status unchanged.
109
The Tribune, 27 January 1986, Sarbat Khalsa dissolves SGPC: Akal Takht Chief sacked; The Tribune,
28 January 1986, New Takht chief installed.
At another congregation, called Sarbat Khalsa, held on 13 April 1986, adopted
a political resolution asking the Sikhs to break the shackles of slavery to India. A
fortnight later, the Panthic Committee declared the formation of Khalistan, also
creating its own army called the Khalistan Commando Force that would fight for
that objective.
110
The next day, the Punjab government sent troops to the Golden Temple to flush
out the separatists. But the members of the Panthic Committee had already disap-
peared.
111
The symbolic raid however, helped the militant cause by precipitating a split in
the Akali Dal government. An influential section of the party, with 27 members of
the state legislative assembly, broke away from the government to form a separate
group. The four most important leaders of the Akali Dal Tohra, Badal, Sukhjinder
Singh and Amarinder Singh left the government over this issue.
112
In October 1987, the Union government dismissed the elected Akali govern-
ment in Punjab on the ground that it was unable to safeguard the Hindu interests in
the state from Sikh militant attacks.
113
Jaswant Singh Khalra was very unhappy at these developments. He believed
that they could only inflict more suffering and injury on an already bleeding Punjab
and help the state deflect attention from the real issues. He was also very disturbed
about the way the state agencies were strengthening the apparatus of repression
without any reference to the rule of law.
In 1981, Jaswant Singh married Paramjit Kaur, sister of his college friend from
Faridkot district. Paramjit had a post-graduate degree in Punjabi literature and a
bachelors degree in library science. Soon after their marriage, Paramjit was ap-
pointed as a librarian at Guru Nanak Dev University in Amritsar and she took over
the responsibility of running the household on her salary. The arrangement suited
Jaswant Singh who spent his own salary on his social and political activities. Paramjit
never bothered him about household matters. He never interfered in her domestic
sphere and never asked how she spent her salary.
The situation in Punjab had been steadily deteriorating. Reports of police atroci-
ties, illegal abductions, custodial torture, enforced disappearances, killings in
faked encounters and false stories of escapes from police custody, brazen abuse of
laws like TADA were daily on the rise amidst the escalation of the Sikh separatist
violence. Jaswant Singh daily came across cases of suspected Sikh separatists and
their sympathizers who were whisked away by unidentified officials of the Indian
security agencies, appearing out of the blue, in vehicles without number plates, to
be taken to undisclosed places for interrogation and to disappear for ever. He was
also very anguished by the mindless violence perpetrated by the armed Sikh groups,
especially against innocent members of the Hindu community. To take up these
issues, Jaswant Singh formed a Daman Virodhi Front Anti-Repression Front. To
110
The Tribune, 13 April 1986, Sarbat Khalsa Today: Plan to avert showdown; The Tribune, 14 April
1986, Severe attack on Akali Ministry: Sarbat Khalsa for new SGPC.
111
The Tribune, 1 May 1986, Security men enter temple complex: Curfew in 18 Localities; Resolve to
Launch fight to the finish; The Tribune, 2 May 1986, Police action successful: One killed in firing.
112
The Tribune, 3 May 1986, Badal Tohra leave Dal Panel: Two Punjab Ministers quit; The Tribune, 7
May 1986, Twenty seven Dal MLAs form new party: Government reduced to minority.
113
Ram Narayan Kumar & Georg Sieberer, The Sikh Struggle, ibid, p. 276.
Reduced to Ashes 48
be able to devote all his time to the tasks of monitoring human rights and interven-
tion, Jaswant Singh resigned from his position as the panchayat secretary. His de-
partment, however, never accepted his resignation. But Jaswant Singh did not re-
port to his office after November 1987 and devoted most of his time to following up
the cases of people who were under imminent threat of torture and elimination
following their illegal arrest. In the vast majority of cases, Jaswant Singhs exer-
tions failed to yield results and those abducted by the security forces simply disap-
peared. Sometimes, he managed to get people released from illegal custody. These
successes, although rare and far too few to make much difference, gave him im-
mense satisfaction. Jaswant Singh also openly criticized the separatist militants for
targeting innocent civilians. Once, he went on a five-day hunger strike to protest
against the killing of Hindus by unidentified armed militants in his area. Some of
his sympathizers warned him against condemning the militant groups so publicly.
But Jaswant Singh maintained that the prohibition on the taking of innocent lives
was equally binding on both state and non-state forces. He publicly announced that
unless the revolutionary groups had the discipline to strictly enforce the prohibition
on their rank and file, their cause ceased to have legitimacy.
Election Hopes
The year 1989 concluded with a dramatic change in the political situation at both
the national and state level. It promised a way out of the bloody strife in Punjab
through a negotiated settlement between the representatives of the radical political
opinion in Punjab and the leaders of the Indian government. The change followed
the general elections in December 1989 that returned the candidates belonging to
the radical wing of the Akali Dal under Simranjit Singh Mann, from 10 out of 13
constituencies in the state and also elected the Janata Dal, under V. P. Singh, to a
majority in Parliament at the national level.
Simaranjit Singh Mann, a 1967 batch Indian Police Service officer from the
Punjab cadre, belongs to a politically influential family and is related to the scion of
Patiala royalty Amarinder Singh, the current chief minister of Punjab, through his
marriage. His wife Geetinder Kaur and Amarinders wife are sisters. His father
Joginder Singh was a former Speaker of the Punjab legislative assembly. In 1978,
Mann was posted as an SSP of Faridkot district, which included Jarnail Singh
Bhindranwales native village. Over the next years, Mann was known to have de-
veloped friendly ties with Bhindranwale. The government found out about this link
and, in 1983, transferred him to the railways, as an assistant inspector-general (DIG).
The government would probably have dismissed Mann from the service if Amarinder
Singh had not intervened. During Operation Blue Star, Mann was posted as the
DIG of the Central Industrial Security Force (CISF) at Bombay. After Operation
Blue Star, Mann wrote a strong emotional letter to President Zail Singh upbraiding
him for not resigning from his position after the Indian Army, under his supreme
command, had destroyed the Akal Takht. Mann also resigned his own position and
went underground. In November 1984, he was arrested while trying to cross the
border into Nepal, ostensibly to organize the Sikh resistance from abroad. Later, he
was also charged with conspiring to assassinate Indira Gandhi. His defiance of the
government made him very popular with the Sikhs. Mann had already been nomi-
nated as the president of the United Akali Dal, a party launched by Bhindranwales
father who had been persuaded by the extremists to become the pivot of a new
political alignment.
114
When the government announced parliamentary elections for the end of 1989,
Mann declared his candidacy from Tarn Taran constituency, although he was still a
prisoner. He also fielded his candidates from eight parliamentary constituencies in
Punjab. The results belied the predictions of the political pundits that the division in
the Sikh vote between the radical and moderate Akali factions would benefit the
Congress. The group under Mann swept the polls by bagging six out of 13 parlia-
mentary seats in Punjab. Four additional constituencies elected independent candi-
dates who had received his blessings. Mann himself created a record in his constitu-
ency by polling 527, 707 out of the total of 591,883 valid votes cast.
115
At the national level, the Congress lost the elections to the Janata Dal, a new
formation under V. P. Singh who had resigned his position as the finance minister
under Rajiv Gandhi to accuse the latter of gargantuan corruption in arms deals. The
manifesto of the Janata Dal had promised to end the abuse of civil liberties in Punjab,
and to solve the unrest in the state through dialogue in a democratic spirit.
Returning from prison to Punjab in his new role as a political leader, Mann
promised to strive for the fulfilment of Sikhs aspirations by adopting the constitu-
tional means. Speaking to the massive crowd that gathered to welcome him in Punjab
on 3 December 1989, Mann said: First we would try out the constitutional ways to
get the demands of the Sikhs fulfilled If the government fails to satisfy the Sikhs,
we shall follow a path according to our nations consensus. According to the news-
paper reports, there was no trace of either bitterness or hubris in his meek voice.
116
After consulting all the organisations involved in the struggle, Mann set out five
preconditions for the Central government to fulfil before they could discuss more
substantial political questions. They were:
(1) It should express repentance and seek forgiveness for the Army assault on
the Golden Temple; (2) It should adopt a condolence motion in both the Houses of
Parliament to commemorate those Sikhs who had been killed during the November
1984 riots, and take steps to punish those who had orchestrated the anti-Sikh car-
nage; (3) It should release from prisons and reinstate those Sikh soldiers who had
revolted in the wake of the Operation Blue Star; (4) It should register criminal
proceedings against the officials in Punjab including governor Siddharth Shankar
Ray, his police advisor Julio Ribeiro and DGP K. P. S. Gill who excelled all in the
policy of blind repression; (5) It should repeal the black laws that violated the fun-
damental rights of citizens and withdraw from Punjab the paramilitary forces occu-
pying the state.
117
For a government that had promised justice and restoration of democracy, these
conditions should have been agreeable. But the new government, whose Prime
114
Kumar, The Sikh Unrest, ibid, pp. 241-2, 274-276; Harbans Singh, The CBI File-2, ND, 1989,
pp. 74-75
115
ibid, pp. 275-276.
116
Quoted in Kumar, The Sikh Unrest, Op. Cit. p. 287
117
Kumar, Sieberer, The Sikh Struggle, ibid, pp. 383.
Reduced to Ashes 50
Minister staged a theatrical drive through the crowded lanes of Amritsar in an open
jeep and proclaimed that a new era has begun, decided not to come under pres-
sure by accepting their preconditions for a dialogue. The most bizarre of all was
the decision of the government to hold consultations with those moderate groups of
the Akalis who had been routed in the elections. These leaders, like Prakash Singh
Badal and Surjit Singh Barnala, advised the Central government not to hold elec-
tions to the state assembly as they feared an abrupt end to their own political careers
in the new climate.
118
The Janata Dal government not only decided to withhold the
assembly elections, thereby thwarting the process of democracy, but also to retain
those police officials who had earned notoriety for human rights violations. Im-
proving law and order, a euphemism for continuation of the Police Raj, remained
the guiding principle of the new governments policy. This, combined with the
media build-up that portrayed the new Sikh team as a bunch of fanatics, destroyed
whatever chance there may have been in resolving the conflict through a rational
process of compromise.
Mann could not establish a rapport with the new government, even as the situation
in Punjab became increasingly anarchical. On 21 December 89, the security person-
nel at the Parliament House refused permission to a newly elected Sikh member Dhyan
Singh Mand to enter the House along with his sword. Mand refused to take the oath of
his membership without it. Mann himself declined to enter Parliament unless the
government allowed the newly elected members to carry their swords into the House.
119
Poll Boycott
The V. P. Singh government fell in November 1990, through defections engineered
by his own partys president, Chandrashekhar. The Congress under Rajiv Gandhi
installed him as the Prime Minister by supporting his breakaway group of 54 in the
House of 542. The Congress withdrew the support in March 1991, forcing fresh
polls. Chandrashekhar had been hobnobbing with the Sikh militant organizations
with the hope of solving the problem of unrest, to show it as an achievement for his
term as the Prime Minister of India. He decided to hold simultaneous elections to
Parliament and the state assembly in Punjab, a decision that all other national par-
ties vociferously opposed.
120
Most of the Sikh militant organizations themselves called for a boycott of the
elections. The separatist militants gunned down candidate after candidate, even as
80,000 paramilitary personnel and eventually the Army drove around in their ar-
mored vehicles. More than 20 candidates fell to the militant bullets as the period of
campaigning drew to an end. Our cases also implicate police officials in some of the
118
The Tribune, 7 December 1989.
119
Kumar, Sieberer, ibid, p. 384; The Tribune, 4 December 1989.
120
The Tribune, 17 March 1991, Poll possible in Punjab, J&K: PM; The Tribune, 1 April 1991, PM firm on
solving Punjab problem; The Tribune, 25 March 1991, All efforts to hold poll in Punjab, J&K: PM; The
Tribune, 1 April 1991, PM firm on solving Punjab problem; The Tribune, 12 April 1991, Lok Sabha,
Assembly poll in Punjab, Assam; The Tribune, 17 March 1991, Govt keen on holding poll in Punjab;
The Tribune, 19 March 1991, RV may resist poll in Punjab; The Tribune, 21 March 1991, Punjab poll
now to destroy democracy; The Tribune , 4 April 1991, RV urged not to hold poll in Punjab.
killings. Chandrashekars home minister, a candidate for Parliament from Ludhiana,
providentially escaped an attempt on his life. Rajiv Gandhi, visiting Chandigarh on
May 14, promised to cancel the polls in Punjab if his party got elected to Parliament
with a majority. The Congress was returned as the single largest party in Parliament,
although Rajiv Gandhi himself was killed by a woman member of Liberation Tigers
of Tamil Elam (LTTE), a Tamil separatist guerilla group in Sri Lanka. Narasimha
Rao of the Congress party became the Prime Minister and instructed the Election
Commission to cancel the polls in Punjab.
121
KPS Gill, whom Chandrashekhar had
transferred to Delhi as the chief of the Central Reserve Police Force (CRPF), returned
to Punjab once again as the director general of police.
Jaswant Singh recognized that the Centre had changed party hands three times
since the dismissal of Barnalas government in Punjab in October 1987. However,
these changes made no difference either to the governments political approach in
regard to the problem of unrest in Punjab nor to the basic patterns of police func-
tioning in the state. From the very beginning, political elements within the govern-
ment are known to have hobnobbed with one militant faction or the other. How-
ever, there never was any attempt to initiate discussions with the extremist groups
on the basis of concrete issues that constituted the foundation of Sikh discontent.
All overtures and contacts were always essentially mercenary in nature, based on
calculations of short-term political advantages and negating the prospects of trans-
parent deliberations on the merits of the issues involved.
In November 1991, Punjab was brought under the Disturbed Areas Act, which
gave the security forces extensive powers to search, detain and interrogate anyone
without judicial warrants. Along with these steps, the Central government announced
that the elections to Parliament and the state assembly for Punjab would be held in
the first quarter of 1992. A meeting of all the major Akali Sikh groups held on 4
January 1992 decided to boycott the elections.
122
The government reported 28 per
121
The Tribune, 21 March 1991, Bomb Found on Governors route; The Tribune, 3 February 1991, DGP
Mangat hurt in Blast; The Tribune, 6 March 1991, Buta Singhs relative kidnapped; The Tribune, 20
March 1991, Militants release Bhatias relative; The Tribune, 29 February 1991, Mann calls for Azadi;
The Tribune, 16 April 1991, EC asked to take note of Manns statements; The Tribune, 4 April 1991,
RV urged not to hold poll in Punjab; The Tribune, 16 April 1991, EC asked to take note of Manns
statements; The Tribune, 19 April 1991, Reply to RVS Memo: Cabinet sticks to poll decision; The
Tribune, 12 May 1991, The deal behind Punjab poll; The Tribune, 20 April 1991, Poll challenge to
Nationalists: Yash; CPM not to take part in Punjab poll; The Tribune, 25 April 1991, Fair poll in Punjab
impossible: Rajiv; The Tribune, 26 April 1991, Cong[I] to boycott poll in Punjab; The Tribune, 12 June
1991, Left to boycott Punjab poll; The Tribune, 30 April 1991, Rajivs reservations on Punjab poll; The
Tribune, 15 May 1991, Punjab poll wont be fair: Rajiv; The Tribune, 5 May 1991, No direct talks with
militants: PM; The Tribune, 3 May 1991, US Report: 5000 civilians died in Punjab; The Tribune, 7
February 1992, USA praises Indias anti-militancy steps; The Tribune, 14 May 1991, Govt-Militant talks
in Amritsar stalled; The Tribune, 15 May 1991, Talks outside Punjab, militants told; The Tribune, 23
May 1991, Army curfew in several areas; How Rajiv began his fateful day; Lakhs file past Rajivs body;
The Tribune, 25 May 1991, Plastic belt bomb killed Rajiv Gandhi; The Tribune, 25 May 1991, No
change in poll dates: EC; The Tribune, 17 June 1991, Cong [I] heads for big win; The Tribune, 18 June
1991, Cong[I] continues victory march; The Tribune, 19 June 1991, Cong[I], Allies still short of majority;
The Tribune, 21 June 1991, Rao elected CPP[I].
122
The Tribune, 18 January 1992, Akalis to boycott poll; The Tribune, 28 December 1991, Tohra for
boycott of elections; The Tribune, 29 December 1991, Badal for debate on Cwealth issue; The
Tribune, 5 January 1992, Akali factions to boycott poll; The Tribune. January 3, 1992. Ordinance on
poll law approved; The Tribune, 20 January 1992, Campaigning cut to 14 days.
Reduced to Ashes 52
cent of polling. The turnout in the urban areas was between 25 and 40 per cent. In
the rural constituencies it was between 5 and 20 per cent. The results declared on 20
February, returned the Congress with a two-thirds majority in the state assembly.
Beant Singh, who had been dismissed from the Darbara Singh ministry in 1983 on
the charge of having instigated a fake encounter, formed a Congress ministry as the
new chief minister of Punjab.
123
The state government projected its success at the hustings a predictable con-
sequence of the poll-boycott by the main Akali groups - as the democratic mandate
that it had received to stamp out the Sikh separatist militancy by whatever means.
Several human rights groups in Punjab, although disorganised and faction-ridden,
had been embarrassing the government by publicising police excesses. The govern-
ment under chief minister Beant Singh decided it had to silence these groups before
tackling the larger problems of militancy in Punjabs countryside.
Silencing of Human Rights Groups
Ram Singh Biling, a reporter with the Punjabi daily newspaper Ajit and the secre-
tary of the Punjab Human Rights Organisation (PHRO) for his home district of
Sangrur, was picked up and unceremoniously executed soon after the Congress
government took office. Then came the turn of Ajit Singh Bains, retired judge of
the Punjab and Haryana High Court and chairman of the PHRO. His illegal arrest in
April 1992 was not acknowledged for two days. Bains was manhandled, abused
and publicly exhibited in handcuffs. Later, his arrest was formalised under TADA.
The accusation was that Bains had taken part in a secret meeting of militant leaders,
held at Anandpur on March 18, where they hatched a conspiracy to carry out ter-
rorist actions. An inquiry later ordered by the High Court of Punjab established
that Ajit Singh Bains name did not figure in the original first information report
about the illegal meeting. However, the idea of arresting Bains was not to secure
his conviction under the law, but to paralyse the PHRO, and to demoralise other
human rights groups with the example. Chief minister Beant Singh told the state
legislative assembly on April 6 that his government would not release Bains be-
cause his organisation was engaged in defending terrorists.
124
On 18 May 1992, Amritsar police picked up Param Satinderjit Singh, a student
of Guru Nanak Dev University, from the university campus. He was forced to iden-
tify suspected sympathisers of the separatist cause within the university, who were
also picked up. The police brought Param Satinderjit Singh to the university cam-
pus several times for this purpose. The university students held a demonstration to
protest against the abduction and his father went on a hunger strike. But Param
Satinderjit Singh was not released. There was no trace of him thereafter.
The Punjab government kept up the pressure on the PHRO by arresting
Malwinder Singh Malli, general secretary of the organisation, in August 1992. Malli
123
The Tribune, 18 February 1992, Army to protect voters; The Tribune, 20 February 1992, Peaceful poll,
low turnout; The Tribune, 24 February 1992, Yogendra Yadav, Lowest turnout, uneven spread; The
Tribune, 21 February 1992, Two thirds majority for the Congress; The Tribune, 25 February 1992,
Beant to form ministry today.
124
25 April 1992, Mainstream, Rule of Law in Punjab.
was also the editor of Paigam, a vernacular journal affiliated with a Marxist-
Leninist group whose work in the field had led to several exhaustive reports on
police atrocities.
A human rights lawyer, Jagwinder Singh, was picked up from his house in
Kapurthala by a group of uniformed policemen on 25 September 1992 evening.
Although the chief minister and the chief secretary promised to intervene, Jagwinder
Singh was never seen again. Elimination of Ram Singh Biling and Jagwinder Singh,
and arrests of Ajit Singh Bains and Malwinder Singh Malli effectively paralysed
the regional human rights groups. Now the security forces could give undivided
attention to eliminate the ring-leaders of the separatist militancy.
The Sikhs of Punjab had never clearly understood the rationale of the militants
objectives. These groups in their hay-day had generally relied on atavistic sympa-
thies in the peasantry to find hideouts and had received enough support to maintain
their operations. But now, with the rural Sikhs in total dismay over the new state of
affairs, militants found themselves helpless against the security forces that began to
hunt them down like fair game. Thus, within six months of assuming office, the
Beant Singh government was able to paralyse the Sikh militant movement. Main
leaders of guerrilla outfits were either killed or compelled to flee the scene. Hun-
dreds of them also surrendered. Thousands of others suffered torture in custody,
long periods of illegal imprisonment and myriad other forms of physical and psy-
chological torment.
125
Early Investigations by Jaswant Singh Khalra
Following the decimation of the guerrilla groups under Beant Singhs government
in Punjab, cleansing the countryside of militant sympathisers became the next main
task of the security forces in the state. According to the police figures, published in
1993, security forces in Punjab killed 2,119 militants in the year 1992 under the
euphemism of encounters. A larger number of people in the border districts, picked
up by the police for interrogation, simply disappeared. Reports published in the
Pioneer, an English daily published from New Delhi, on 26 and 27 March 1992
suggested that many of the disappeared were killed and their bodies quietly dumped
into Punjabs irrigation canals. These newspaper reports said the government of
Rajasthan had formally complained to the Punjabs chief secretary that the canals
were carrying large number of dead bodies into the state. The report also said that
many bodies, their hands and feet tied together, were being fished out when water
in-flow in canals was stopped for repair works.
The question of what happened to the large number of people declared
disappeared by the police in Punjab had been intriguing Jaswant Singh Khalra
who, in the meantime, had joined the human rights wing of the Akali Dal and,
together with Jaspal Singh Dhillon and Amrik Singh Muktsar, the chairman and the
125
I have extensively documented the historical context of the Sikh separatist violence and its political
and psychological aspects in my second book on Punjab. See Ram Narayan Kumar, The Sikh Unrest
and the Indian State: Politics, Personalities and Historical Retrospective, Ajanta Publication, New
Delhi, 1997.
Reduced to Ashes 54
vice-chairman of the wing, had been trying to make the Akali Dal adopt the issues
of justice and the rule of law as serious components of its political agenda. Jaswant
Singh was the general secretary of the wing.
In the middle of 1994, the police illegally arrested Dara Singh, the director of a
cooperative bank in Amritsar district who was also a personal friend of Jaswant
Singh. Dara Singh was interrogated under torture and later killed as an unidentified
militant in a fake encounter. Jaswant Singh followed the case very closely and found
out that the police had cremated his body at Durgiana Mandir cremation ground by
labeling it as unidentified and unclaimed. The discovery made him investigate
and he was able to peruse the records of cremations carried out by the police offi-
cials at Durgiana Mandir cremation ground in 1992. The records showed that in
1992 alone, the police had cremated 300 bodies by labeling them unidentified or
unclaimed. The names of 112 victims were actually recorded in the registers
maintained at the office of the registrar of births and deaths at Amritsar. The records
also showed that 41 out of these 300 had died of bullet injuries. No reasons were
noted about the cause of death of the remaining 259 persons. The records showed
post-mortem reports for only 24 bodies.
After making these discoveries about the police cremations at Durgiana Mandir
cremation ground in Amritsar, Jaswant Singh tried to find out about similar crema-
tions at Patti and Tarn Taran cremation grounds. In Patti, Jaswant Singh was able to
go through the wood purchase register maintained at the cremation ground in which
the identity and the address of the dead, along with the cremation date and the name
of the cremating person were mentioned. The register showed that the police offi-
cials had burnt 538 dead bodies, after declaring them unidentified or unclaimed,
in the period from January 1991 to October 1994. Jaswant Singh discovered simi-
lar cremations at Tarn Taran, but was unable to obtain copies of the records.
On 16 January 1995, the human rights wing of the Akali Dal held a press con-
ference at Chandigarh and released a press note about these discoveries. The press
release, signed by Jaswant Singh Khalra and Jaspal Singh Dhillon, mentioned that
their investigations, based on the examination of firewood puchase registers for
1991 and 1992 revealed 400 hundred illegal cremations in Patti, 700 at Tarn Taran
and about 2,000 cremations at Durgiana Mandir cremation ground in the period
from June 1984 to the end of 1994.
The press release pointed out that the police had been carrying out these crema-
tions in violation of rule 25.38 in chapter 25 of the Punjab Police Rules 1934, under
the Police Act of 1861, that lays down a clear procedure to be followed with regard to
unidentified bodies. The rule requires that before carrying out the cremation, the in-
vestigating officer write down a careful description of the body, giving all marks,
peculiarities, deformities and distinctive features and also take the finger impres-
sions and photographs. The rule also says that the investigating officer must also
take all other reasonable steps to secure identification and, when desirable, publish
the description in the criminal intelligence gazette. After completing the process, the
investigating officer should hand over the body to a willing charitable society. The
police are to burn or bury the body only if no such society should come forward.
126
126
The Punjab Police Rules 1934, Chapter XXV, Rule 25.38.
The press release pointed out that the police had carried out the cremations, in
violation of rule 25.38, even when the identities and the village of residence of the
dead persons were included in the police reports. It further added that the investi-
gating team of the Akali Dals human rights wing had made these discoveries after
examining the records of only three cremation grounds. These discoveries showed
the patterns followed by the Punjab police throughout the state that should be thor-
oughly investigated by the CBI under the judicial scrutiny of the high court. The
investigation should also cover secret disposal of bodies by the police by other
methods, including dumping them in various rivers and canals in Punjab.
After giving several examples of persons nabbed by the police who ended up
getting cremated at Durgiana Mandir cremation ground in Amritsar district, the
press note pointed at the urgency to relieve the ongoing agony of estimated 2,000
families from the district alone, who did not know what happened to their ab-
ducted loved ones, with concrete and authoritative information. In the absence of
official confirmation of their death, these families could neither perform the last
religious rites nor complete the bureaucratic formalities necessary to claim their
departmental funds, right to operate their bank accounts and even to complete transfer
of property. The press release urged the high court to intervene and make the neces-
sary information and the death certificates available to the families.
The press conference received wide publicity. The newspapers in Punjab and
some national dailies prominently reported the extraordinary revelations made by
the 16 January 1995 release.
Senior Officers Threaten Jaswant Singh Khalra
On 18 January 1995, DGP K. P. S. Gill addressed a press conference in Amritsar to
rebutt the allegations made by the Akali Dal human rights wing. Gill told the media
persons that thousands of Sikh youth who had left for foreign countries under fake
names and documents were claiming to be missing persons killed by security forces
in encounters. Gill said that the police had compiled lists of missing persons
and had discovered that, in most cases, these persons were missing with the con-
sent of their parents and relatives and their whereabouts were known to their fami-
lies. Some of these persons, according to Gill, were shifting from one country to
the other by changing their names and addresses.
Gill also told the newsmen about his knowledge that the Inter Services Intelli-
gence (ISI) of Pakistan was doing its best to revive militancy in Punjab. He said
that certain Sikh organizations were receiving funds from foreign countries meant
to be distributed as pensions to the militant families. He claimed that these orga-
nizations were keeping a a major chunk of the money for themselves.
127
Jaswant Singh immediately picked up the challenge and called a press confer-
ence at Amritsar on 19 January itself to defy the DGPs claims. He called the asser-
tion that the missing persons had actually escaped to foreign countries to be a lie
and, repeating his discoveries, offered to put forth the evidence to prove that the
127
The Tribune, 19 January 1995, Missing persons not killed: Gill
Reduced to Ashes 56
persons cremated by the police as unidentified and unclaimed had actually been
killed in the state custody, mostly in fake encounters. Jaswant Singh also chal-
lenged Gill to an open debate on the issue so that the people of Punjab and the
international human rights community could figure out who was lying. He also
repeated the claim that more than 2,000 got murdered and then cremated by the
Punjab police in Amritsar district alone. Jaswant Singh told the Press that he
planned to release the data regarding these persons in a serialized way. Jaswant
Singhs press conference received wide publicity especially in the Punjabi newspa-
pers.
128
Soon after this significant public exchange between Jaswant Singh and K. P. S.
Gill, Ajit Singh Sandhu, then SSP of Ropar district, was transferred back to Tarn
Taran where he had been posted during the most virulent period of the conflict
between the separatist militants and the Punjab police force. Also, Jaswant Singh
began to receive threatening telephone calls at his residence. As Paramjit Kaur now
recalls, the telephone would often ring at night and when Jaswant Singh picked
them up, anonymous, abusive callers threatened to make him disappear if he
persisted with the matter of disappearances leading to secret cremations. When
Paramjit Kaur picked up the telephone, the callers either put the phone down or just
abused her. The frequency of these calls were not just scary, they also disturbed the
sleep of all the family members. Jaswant Singh even considered getting the tele-
phone disconnected. But so much of his work depended on telephone that he de-
cided against it. Policemen in plain clothes began to hang around the house and
sometimes came to the house to ask for Jaswant Singhs itinerary. He was used to
such inconveniences and tried to laugh away the new level of interest the police and
intelligence officials were taking in him.
Jaswant appeared upset when in February 1995, when a Congress member of
the legislative assembly (MLA) from Patti constituency invited him to his house
and asked him not to pursue the matter of police cremations. This was a clear warn-
ing and Jaswant Singh, unlike his normal self, looked nervous for many days. Paramjit
Kaur realized that there was something wrong and nagged him to talk to her. On 27
February 1995, Jaswant called another press conference in Amritsar to announce
that the Punjab government was highly mistaken in thinking that by eliminating
him the matter relating to 25,000 unclaimed bodies in Punjab can be put to an
end. He also disclosed that an MLA belonging to the ruling Congress party, had
personally informed him that the senior police officials were seriously irked by his
disclosures and wanted him to either stop the campaign or be prepared to become
an unidentified dead body himself. He told the newsmen in Amritsar that the
MLA had told him that the government, at the highest level, had given its approval
for his elimination. Jaswant Singh said that he was prepared to die for the cause of
justice and appealed to the people to hold the police chief K. P. S. Gill and chief
minister Beant Singh responsible, instead of a police cat or an inspector if some-
thing happened to him. Jaswant specifically criticized the governments decision to
bring Ajit Singh Sandhu back from Ropar to Tarn Taran as the SSP. He pointed out
that Sandhu was personally responsible for arbitrarily eliminating more than 1,000
128
Punjabi Tribune, 20 January 1995, H. S. Bhanwar, Khalra challenges K. P. S. Gill for open debate
persons in the police district of Tarn Taran and was facing several court cases re-
lated to enforced disappearance and arbitary executions. He alleged that the gov-
ernment had transferred Sandhu back into the district with the view to wipe out the
incriminating evidence against him and other senior officials. Jaswant demanded a
judicial commission to investigate the magnitude and heinousness of the SSPs
crimes in matters already pending before the court, instead of permitting him to
intimidate or bribe the witnesses into silence.
Once again, the vernacular press gave extensive coverage to the press confer-
ence. The Punjabi Tribune carried nearly the full text of the statement which Jaswant
Singh had issued.
129
In March 1995, Jaswant went on a visit to the US, Canada and England to
publicise his findings and to meet with international human rights organizations,
MPs, Congressmen and other prominent persons in public life to request them to
put pressure on the Indian government to initiate a serious investigation into the
matter of illegal cremations carried out by the Punjab police. In July 1995, Jaswant
Singh returned to these countries for follow up meetings on the matter of illegal
cremations. In Canada, he met several important politicians, including ministers,
and also addressed a meeting at the Parliament Building.
130
Colleen Beaumier, an
MP belonging to the Liberal Party, personally introduced him to the Speaker of
Canadian Parliament before he addressed a large group of parliamentarians and
others in the committee room 209 of the west block.
131
These follow up meetings
generated considerable publicity about the Punjab police and its method of func-
tioning.
Vitriolic Public Exchanges
Jaswant Singh came back to Punjab on the 26 July 1995 and immediately launched
an aggressive press campaign on the issues of illegal cremations and the terror
tactics of the Tarn Tarn police officials to get the victim families to withdraw the
petitions they had filed, under his guidance before the high court to seek redressal
and remedies. A press conference he addressed in Amritsar on July 28 received
good coverage in the vernacular press. The Punjabi daily newspaper Ajit published
a prominent front page story under the heading, Matter relating to youth declared
missing by the police: What does police do for getting petitions withdrawn from the
high court?
132
The report focussed on the case of Balwinder Singh, head constable with the
Tarn Taran police and the nephew of a prominent Congress leader Bhagwant Singh
Jhabal, whose brother-in-law, a member of the village council of Jhabal, had been
arrested from his house on 8 March 1993. Later, he was supposedly tortured in the
middle of the village as a public demonstration of what the police would do to those
129
Punjabi Tribune, 28 February 1995.
130
Imprint: Campus Page , 4 October 1996, Khalra remembered
http://www.imprint.uwaterloo.ca/issues/100496/1News/Campus_Page/campus01.html
131
http://www.part.gc.ca/english/hansard/previous/180_95-03-30/180SMIE.html
132
Ajit, Jalandhar, 29 July 1995, Matter relating to youths declared missing
Reduced to Ashes 58
who sympathized with the militant cause. According to head constable Balwinder
Singh, who appeared at the conference, the team of police officers from Jhabal
police station, led by SHO Balbir Singh and assistant-sub-inspector Bikramjit Singh,
took his brother-in-law away in a jeep when he became unconscious from the beat-
ing and he was never heard of again. The report further explained that in November
1994, Balwinder Singhs father-in-law Avtar Singh filed a petition before the High
Court of Punjab and Haryana to demand an impartial inquiry. The high court admit-
ted the petition, marked as writ no. 853/94, and issued notice to the Punjab state
officials. SSP Ajit Singh Sandhu then called Balwinder Singh and instructed him to
either get his father-in-law to withdraw the petition or face serious consequences.
When Balwinder expressed his inability to get his father-in-law to withdraw the
petition, the SSP immediately ordered his demotion and put him on duty at a small
police post under Valtoha police station. Balwinder then applied for leave so that he
could discuss the situation with his family, but the application was rejected. His
superior officers told him that unless he obeyed the SSPs instructions, he would
have to face serious consequences including dismissal from the police department.
Balwinder Singh was unable to cope with the pressure of these daily threats and fell
ill. Finally, he was allowed to proceed on leave and then, in July, he was allowed to
apply for an early retirment. A group of officers visited his house several times in
his absence and threatened his wife with serious consequences unless she persuaded
her father to withdraw the petition.
The newspaper report discussed several such examples of police atrocities, tor-
ture and sexual abuse of persons who had filed petitions before the high court seek-
ing inquiries and action against SSP Ajit Singh Sandhu.
The press report especially highlighted Jaswant Singhs demand that SSP Sandhu
should be transferred out of Tarn Taran to prevent him from interfering with the
judicial process so blatantly. At the press coference, he disclosed that the police
had secretly cremated 1,135 bodies at the Jain Sabha cremation ground in the dis-
trict and suggested the figure of 25,000 illegal cremations for the whole of Punjab.
133
On 5 August 1995, several Punjabi newspapers prominently carried a long re-
buttal jointly issued by senior officers of Tarn Taran police. The joint statement
claimed that head constable Balwinder Singh, who had joined the service in 1974,
had been punished in the past for dereliction of duty and was known for using his
fathers political connections to obtain profitable and easy postings. The statement
claimed that his application for a premature retirement had been accepted and his
allegations of harassment were incorrect. The statement further said that Balwinder
Singh had, while in service, never reported the case of his missing brother-in-law to
his senior officials and that a subsequent inquiry conducted by them, in the wake of
the allegation published in newspapers, showed that he was mentally ill and often
remained away from home for long duration.
The joint statement also denied all other allegations of police intimidation of the
families and went on to claim that Jaswant Singh Khalra, who for a long time has
been campaigning against the police was formally associated with the Naxalite
movement and maintained relations with a militant group called Khalistan Com-
133
Ibid.
134
Akali Patrika, 5 August 1995, Senior Tarn Taran police officers rebut allegations
135
14 March 1996 statement of Gurcharan Singh Tohra, president Shiromani Gurdwara Prabandhak
Committee, given to the CBI under Section 161 of the Criminal Procedure Code (CrPC), Case No. RC
14(S)/95/DLI. Recorded by Virender Singh, Inspector CBI/SCB-I.
136
07 April 1996 statements of Jaspal Singh Dhillon, son of Sri Vijay Singh, and Amrik Singh Muktsar,
son of Bahal Singh, made to K. C. Joshi, CBI/SCB/New Delhi under Section 161 of the CR. P. C. Case
No. RC-14/S/95/DLI.
137
10 September 1996 statement of Justice (Rtd.) A. S. Bains, s/o Gurbux Singh, recorded by K. C.
Joshi, CBI/SCB/New Delhi under Section 161 of the Cr. P. C in Case No. RC-14(S)/95-DLI.
138
Affidavit of Navkiran Singh s/o S. Gurmukh Singh, dated 7 October 1995; affidavit of Ranjan
Lakhanpal, dated 6 October 1995; affidavit of Rajvinder Singh Bains, dated 6 October 1995, in the
Matter of Paramjit Kaur Vs. the State of Punjab, W. P. (CRL.) No. 497 of 1995.
mando Force (KCF) under the leadership of Paramjit Singh Panjwar. The state-
ment alleged that Jaswant Singh was acting on the instructions of Indias foreign
enemies to destabilize the peaceful environment of Punjab and to demoralize
the police force. He was, the statement claimed, gulping money coming from
abroad and these agencies. Rebutting the accusation that the police had abducted
thousands of persons who were untraceable, the statement claimed that those young
boys linked to Panjwars group of the KCF had escaped across the border and were
living there.
134
These vitriolic public exchanges between Jaswant Singh and the senior police
officials of Tarn Taran in July and August 1995 showed that the clash was coming
to a head. Jaswant tried to maintain a veneer of composure, but realized that his
situation was getting increasingly precarious. His foreign tours had been generating
more and more queries from international human rights organizations, and several
Congressmen in the United States and MPs in Canada and Britain had begun to
press their governments to investigate the charges of mass cremations in Punjab
and to consider economic sanctions against India. Feeling beleaguered by interna-
tional queries, the Union government had begun to press the state authorities to
handle the situation and to do damage control.
In the second week of August, some officers of the Intelligence Bureau (IB)
visited Jaswant Singh and questioned him about his foreign visits. They wanted to
know the names of persons who had hosted him and had interacted with him. They
visited him a number of times in the last two weeks of August to follow up on these
inquiries. Jaswant Singh, normally impervious to intimidation, was beginning to
get nervous about this combination of open threats and insinuations by the police
officials, visits of the IB officials and the visible surveillance of his movements. He
decided to consult his friends and associates at the human rights wing and also
talked to Gurcharan Singh Tohra, president of the SGPC and a senior leader of the
Akali Dal, about the threats he had been receiving from SSP Ajit Singh Sandhu.
135
Jaswant also discussed these apprehensions with Jaspal Singh Dhillon and Amrik
Singh Muktsar, chairman and vice-chairman of the human rights wing,
136
former
high court Justice Ajit Singh Bains
137
and at least three lawyers in Chandigarh:
Rajwinder Singh Bains, Navkiran Singh and Ranjan Lakhanpal.
138
All his friends
and sympathizers vigorously advised him to move the high court to ask for body-
guards and to leave Amritsar for some time. Jaswant Singh responded by saying
that to apply for bodyguards would be against his principles and that he would think
about leaving Amritsar after completing his research into the Februrary 1995 disap-
Reduced to Ashes 60
pearance of Rajwinder Singh, son of Kashmir Singh and Mohinder Kaur. Rajwinder
Singh, an employee of the Punjab State Electricity Board, was a brother of Paramjit
Singh Pamma, a wanted militant belonging to the KCF. He had disappeared after
meeting the CBI officers in Delhi in February 1995 to help them with their investi-
gation ordered by the high court in criminal writ petition no. 290 of 1994 into the
disappearance of his mother.
Assassination of the Chief Minister
On 31 August 1995, Punjabs chief minister Beant Singh and 17 members of his
security retinue were killed when a powerful bomb exploded near his car outside
his office in the Secretariat Building in Chandigarh. Babbar Khalsa International,
an underground militant organization committed to the goal of establishing an in-
dependent Sikh state, claimed responsibility for the sensational killing of a chief
minister who had led a ruthless counter-insurgency campaign and enjoyed the maxi-
mum security cover in the country. Harcharan Singh Brar, a senior Congress leader
and the minister of health in Beant Singhs Cabinet, was sworn in as his successor.
The security forces launched a massive operation to nab the assassins and others
suspected of involvement in the terrorist conspiracy.
Jaswant Singh had a premonition that his enemies within the police establish-
ment would take advantage of the situation to take revenge. He disclosed his fears
to his wife who advised him to go away from Amritsar to some safe place. Both of
them mulled over the suggestion and came to the view that his leaving the town and
becoming unavailable to the authorities could make him more vulnerable to mali-
cious prosecution and illegal hounding. Speculations were rife that the chief ministers
assassination was the result of a conspiracy that had its roots in the political anger
against his hideous record of human rights abuses. The Punjab police officials keen
to get even with him for his relentless campaign against their sordid deeds, espe-
cially over the matter of mass cremations, could take advantage and try to implicate
him in a conspiracy case if he appeared to go underground. Besides, his father was
feeling unwell and Jaswant Singh had, for some days, been planning to visit him at
the native village to find out if he needed to be shifted to Amritsar city for better
medical care. So he discounted his premonitions and went to Khalra village to visit
his father.
Kartar Singh too had his own disconcerting intuitions. He had been uneasy since
his son had taken up the cause of secret cremations. He knew that the matter would
open up a Pandoras box of forbidden questions that could cost Jaswant his life. He
became particularly anxious after a sub-inspector of the local police station who
had once been his student came to visit him in the last week of August and re-
quested him to ask his son to be very careful. The sub-inspector told him that his
police station had received informal instructions to pick him up. This upset Jaswant.
Informal arrest could mean abduction without a warrant or a legal basis.
Jaswant Singh went to see his father on 3 September 1995 evening. Kartar Singh
with his ominous worries told him about the conversation he had with the sub-
inspector. Jaswant Singh tried to alleviate his anxiety by offering to present himself
at Khalra police station to talk the matter over with the SHO. The next morning,
139
Statement of Harinder Pal Singh Siddhu, son of Gurdeet Singh, and his wife Sukh Raj Kaur recorded
by DSP K. S. Joshi of the CBI under section 161 of the Cr. P. C., on 22 February 1996. In Case RC
14(S)95 DLI.
140
Statement of Piara Singh, son of Mangel Singh, r/o of village Sohal, Tarn Taran, recorded under
section 161 of the Cr. P. C. by P. L. Meena, DSP CBI, in case RC/14(S)95/DLI.
Jaswant Singh went to Khalra police station and invited the SHO to arrest him if he
had the instructions to do so. The SHO looked very embarrassed and told him that
he had no reason to arrest him. Still, Kartar Singh remained uneasy and asked his
son why he had chosen to invite calamity on the family by taking up the issue of
secret cremations carried out by the police in Punjab. Jaswant Singh looked somber
and replied: Does it really matter whether I die on my bed, in an accident or as a
martyr of my cause? Kartar Singh had no answer. Jaswant Singh returned to
Amritsar on September 4 afternoon.
PART THREE: KHALRAS ABDUCTION AND
THE CBIS INVESTIGATION
As recounted earlier, Jaswant Singh Khalra was abducted by armed commandos of
the Punjab police in the morning of 6 September 1995, around 9:20 a.m., when he
was washing his car outside his Kabir Park house in Amritsar. Jaswant Singh was
expecting Mandip Singh, a journalist of the Indian Express, later that morning and
wanted to accompany him to Tarn Taran for getting some interviews regarding
disappearances leading to secret cremations. Rajiv Singh Randhawa, a journalist
from Ajit who was present in the house, witnessed the abduction and recognized
DSP Ashok Kumar, SHO Surinderpal Singh of Sarhali police station and Prithipal
Singh, head constable of Manochahal police station, among the abductors. Jaswant
Singhs neighbor Harinder Pal Singh Siddhu, who left his house just before the
abduction, had also seen the armed commandos in plain clothes riding in a blue van
and other officers in police uniforms in an official jeep. His wife Sukh Raj Kaur
actually witnessed the abduction but expressed inability to recognize the perpetra-
tors.
139
Piara Singh, a retired junior commissioned officer (JCO) of the Indian army
from Sohal village in Tarn Taran sub-division of Amritsar district, who owned a
blue-colored van driven by his son as a private taxi, later told the CBIs investigat-
ing officer that he was forced to send his van to Jhabal police station for undercover
activities at least twice a month. According to him, all the taxi operators were like-
wise required to send their vehicles to the police station and leave the keys with the
constable on the duty outside. Piara Singh recalled that his van was requisitioned by
Jhabal police station in the first week of September.
140
Reduced to Ashes 62
141
Statement of Kikkar Singh, s/o Harbans Singh, r/o village Jaura, Patti police station, recorded by
Inspector Jagjeet Singh and Inspector P. L. Meena of the CBI under section 161 of the Cr. P. C. on 21
March 1996 and 29 May 1996 in case RC 14(S)95/S.C.B. DLI
142
The Indian Express, 5 May 1998, Satinder Bains, I heard two shots and I ran back: Khalra had
stopped breathing.; Statement of Kuldeep Singh, s/o Harbans Singh, SPO No. 606/TT ID Card No.
58, r/o village Bachra, post office Pandori Gola, Tarn Taran , recorded on 2 March 1998 and 20 June
1999 by a DSP, CBI in Case RC 14(S)95/S.C.B.DLI.
The Identification of the Police Officers
On 24 October 1995, 48 days after the abduction, Jaswant Singh was found ille-
gally detained at Kang police station by Kikkar Singh, son of Harbans Singh and a
resident of Jaura village under Patti police station who had been held separately in
connection with a criminal investigation. Kikkar Singh saw the injuries on Jaswant
Singhs body and helped him eat some food before he was taken away. Kikkar
Singhs own illegal detention from 14 October to 11 November 1995 was indepen-
dently corroborated by an inquiry conducted by the chief judicial magistrate of
Chandigarh on the order of the high court.
141
For the next four days, Jaswant Singh was kept in a specially guarded room at
Jhabbal police station and regularly tortured under interrogation by senior police
including SSP Ajit Singh Sandhu. A special police officer (SPO) Kuldip Singh,
SPO No. 606/TT, was in charge of his custody and was given strict instructions not
to reveal anything about him to anyone, including his fellow policemen. One evening,
SHO Satnam Singh drove Jaswant Singh in a private Maruti car to SSP Ajit Singh
Sandhus house in Manavala village near Amritsar. SPO Kuldip Singh, SHO Satnam
Singhs bodyguard, also traveled with him to the SSPs house. Soon, DGP K. P. S.
Gill, along with another senior officer, arrived and they interrogated Jaswant Singh
for some time. Jaswant was driven back to Jhabal police station by SHO Satnam
Singh, accompanied by SPO Kuldip Singh, in the same car. On the way, SHO Satnam
Singh told Jaswant that he could have saved himself from all the troubles by follow-
ing K. P. S. Gills advice.
On 28 October 1995, in the evening around 7 p.m., DSP Jaspal Singh and his
body-guard Arvinder Pal Singh, SHO Surinder Pal Singh of Sarhali police station,
SHO Jasbir Singh of Manochahal police station and his body-guard Pritpal Singh
came to Jhabal police station and interrogated Jaswant once again. Jaswant was
shot dead while he was under interrogation. His body was carried in an unnum-
bered private van and dumped in to the Harike canal around 10 p.m. All the offi-
cials then met at the irrigation departments guest house at Harike where SSP Ajit
Singh Sandhu also joined them for a long session of drinking and eating.
142
SPO Kuldip Singh had been recruited into the police force in February 1994
after he got some important Kashmir militants arrested by offering information
about their hideouts and their cache of weapons to SHO Satnam Singh of Ropars
Sadar police station. The search and arrest operations were led by DGP K. P. S.
Gill, SSP Ajit Singh Sandhu, then SSP of Ropar district, and other senior officials.
Kuldip Singh was rewarded for his service and recruited into the force as an SPO.
One year later, Sandhu was transferred back to Tarn Taran after Jaswant Singh
challeged K. P. S. Gill to an open debate on the matter of police abductions leading
to secret cremations. SHO Satnam Singh, an old confidant of SSP Ajit Singh Sandhu,
143
The Indian Express, 12 July 1997, Maloy Krisna Dhar, Perforce, enemies of the people.
was also transferred back into the same area as the SHO of Jhabal police station.
SPO Kuldip Singh followed him as his body-guard.
SPO Kuldip Singh did not dare open his mouth about what had happened to
Jaswant Singh while SSP Ajit Singh Sandhu was alive.
On 24 May 1997, several national dailies prominently reported the news that
SSP Ajit Singh Sandhu committed suicide by throwing himself in front of a moving
train. Sandhu had been imprisoned for few months on charges established by judi-
cial inquiries, that involved illegal abduction, torture and custodial death of Kuljit
Singh Dhat, a relative of Bhagat Singh, the famous revolutionary from the pre-
Independence era. The circumstances of his reported suicide were suspicious. He
had consumed alcohol, had driven to the railway track in his own car, and a short
note that he left behind said, It is better to die than to live in this shame.
Sandhu had been a trusted lieutenant of K. P. S. Gill in his ruthless war against
the Sikh secessionist militancy in the state. Accused of all these extra-judicial ex-
ecutions and hasty cremations, Sandhu would have had no choice but to establish
the line of command under which he had carried out the executions in the district.
A senior IB officer, Maloy Krishna Dhar, who had been travelling clandestinely
to the Tarn Taran police district for 12 years beginning 1980, wrote the following
words in tribute to Sandhu: In my job, I always travelled undercover, usually as a
media person. My profession had compelled me to stay aloof from the state ma-
chinery and establish rapport with the militant leaders. I was not a part of the killing
machine. Ajit Singh Sandhu and his colleagues, some of them missionaries in uni-
form, accepted their assigned jobs as frontline soldiers. They were told to shoot
first, ask questions later. They were assured by their bosses in Chandigarh and
Delhi that they would be taken care of. The unholy war had to be won Our politi-
cal leaders, like their imperial masters, have been using the police and the adminis-
tration for coercion in the name of preserving the unity and integrity of the coun-
try Their adventurism has generated several killing fields in the country and the
neighborhood (remember the Indian Peace Keeping Force!). The Northeast, the
ravaged lands of Naxalbari, the Bihar plains and Andhra Pradesh bear testimony to
their misdeeds. Everywhere, they press in the services of the forces to tackle the law
and order problems arising out of their bankruptcy. The law is enforced and order is
restored, at the cost of innocent lives Policemen were supposed to face terrorists
as part of their professional duties. Their frontal and tactical engagements were
well justified. But history bears testimony that hundreds of terrorists were not killed
in frontal engagements and thousands of innocent youths were silently liquidated
as part of mass control measures. Sandhu, who had carried out the orders of his
superiors and political masters and secured Tarn Taran, thought he was above the
law. Many brave and honest officers like him had committed themselves and made
Punjab safe at a colossal human cost. The sacrifices performed by perfidous politi-
cians required human blood Policemen are asked to break the law in the name of
protecting it. In the bargain, they protect the interests of politicians and jeopardise
their own interests and of the people. We salute Ajit Singh Sandhu, a martyr to the
corrupt system, but exhort the nation to look into the concept of comprehensive
accountability, especially for the political class
143
Reduced to Ashes 64
144
The Pioneer, 26 May 1997, Shame on India; Enforced Disappearances, Arbitrary Executions and
Secret Cremations: Victim Testimony & Indias Human Rights Obligations INTERIM REPORT. By
the Committee for Coordination on Disappearances in Punjab, 742 Sector 8-B, Chandigarh. July 1999,
pp. 83-85.
145
Enforced Disappearances, Arbitrary Executions and Secret Cremations: Victim Testimony & Indias
Human Rights Obligations INTERIM REPORT, Op. Cit. pp. 83-85.
Campaign against Human Rights Groups
There should have been an inquiry into his reported suicide. But K. P. S. Gill, now
retired, seized the opportunity to launch his campaign against an utterly compro-
mised human rights lobby. He called a press conference on the 24 May 1997, a
day after Sandhu was found dead, not to express grief, but to discuss the larger
political and policy issues that arose from Sandhus suicide. And he discussed them
passionately, poetically and in terms of high drama. The newspapers across the
country carried the full text of his statement that inveighed the nation for ingrati-
tude towards its heroes like Sandhu who had saved India from the brink of disin-
tegration. It castigated the people for permitting the human rights activitists who
will work with any cause that serves their personal ends, whether criminal, political
or secessionist to thrive on Indian soil. The statement chided the state for not edu-
cating itself on how to tackle individuals and groups trying to destroy it, and went
on to urge the Parliament to bring about the necessary legal amendments that would
protect other courageous officers of Punjab from the kind of humiliation that appar-
ently drove Sandhu to suicide. The statement said that the bud of Khalistan had
been nipped through the achievements of officers like Sandhu, which prevented the
loss of Kashmir and the eventual balkanization of India.
144
The campaign, launched by Gill avalanched into a crusade. Responsible politi-
cal leaders began to accuse the NHRC of being prejudiced against the police. There
were warnings of police revolt and threats to bring down the government in Punjab
if the Akali Dal, which was leading a coalition government in the state along with
the BJP, did not unambiguously declare its support for the police. The leader of the
BJPs parliamentary group in the Rajya Sahba Upper House of Parliament , and
currently Indias finance minister Jaswant Singh wrote: Sandhu was not just left to
fend for himself, the state abandoned him and to my mind, much worse his
incarceration and humiliation were used to deflect attention. Tavleen Singh, a se-
nior journalist, explained in her column: Murderers of Sandhu are the human
rights wallahs. They have been unable to see that it was war in Tarn Taran. In
fighting it if Sandhu broke a few rules, there was no other way. In his subsequent
letter to the Prime Minister, also published in its entirety, K. P. S. Gill asked for a
legislation that defines appropriate criteria to judge the actions of those who fought
this war on behalf of the Indian state. Until the necessary criteria is sufficiently
debated, defined and legislated, immediate steps should be taken to ensure that the
pattern of humiliation through litigation and trial by the media is prevented forth-
with. He repeated the insinuation that for those who were comprehensively de-
feated in the battle for Khalistan, public interest litigation has become the most
convenient strategy for vendetta.
145
Witnesses Face Police Pressure
While Indian policy makers and their implementing agencies got busy debating
these hefty issues, their minions like SPO Kuldip Singh who had witnessed the
dumping of Jaswant Singhs body into the Harike canal and had kept quiet for
nearly 29 months had apparently been forgotten. After Sandhus death, Kuldip Singh
became worried about getting a permanent position in the police department that
had been promised to him by his mentor. In August 1997, he sent an application to
P. C. Dogra, the new Punjab DGP, requesting him to fulfill the promise made to
him by SSP Sandhu and K. P. S. Gill when he was recruited as an SPO in February
1994. He sent a second application and then a third application by fax when he did
not receive any response from the DGPs office. In the last week of September
1997, Kuldip Singh was called by Narender Bhargave, SP (operations) of Ropar
district who gave him a patient hearing and asked him to make yet another applica-
tion in his own handwriting. Kuldip Singh did not hear from him again.
Soon thereafter, Kuldip Singh heard Paramjit Kaur Khalra and former head con-
stable Balwinder Singh, who had become a human rights activist, speak at a public
meeting. He met Balwinder Singh Jhabal again privately and told him all that he
knew of Jaswant Singhs killing and the disposal of his body. Balwinder Singh got
in touch with the officers of the CBI involved with the case who invited him to
Delhi to make a formal statement under section 161 of the CrPC. Kuldip Singh
ignored the advice given to him by his parents and close relatives not to bring
himself and the family members to danger by deposing against the police in such an
important case. He offered his first formal statement to the CBI on 2 March 1998
and a suplementary follow-up statement on 20 June 1998. The CBI officers in Delhi,
who recorded the statement, wrote to the DGP Punjab asking him to provide suf-
ficient security of CRPF personnel to Kuldip Singh and his family.
After making the first statement to the CBI officials at Delhi, Kuldip Singh
stayed with some of his relatives in Amritsar till March 22 and then went to the
house of former head constable Balwinder Singh who advised him to ask for police
protection. Balwinder Singh accompanied Kuldip Singh to Jhabal police station
and made a formal application to SHO Shamsher Singh asking for his protection.
The SHO deputed two armed constables to accompany Kuldip Singh to his village
and to be his body-guards till further instructions. The same evening, around 6
p.m., SHO Satnam Singh, his former boss who had been transferred to Shekhwan
police station in Batala sub-division of Gurdaspur district, and DSP Jaspal Singh
came to his house in village Bachra. Both of them talked to him very warmly: You
are our younger brother. We have implicated Kikkar Singh (a prisoner who dared to
become a witness) in so many cases. The CBI could not save him. The CBI officers
have since apologized to K. P. S. Gill for their investigations because of the pres-
sure from the Central government. They will not be able to save you if you choose
to speak against us. We will do everything you want if you choose to stay on our
side.
After this conversation, SHO Satnam Singh and DSP Jaspal Singh took him to
the office of Hardip Singh Dhillon, SSP Jalandhar where Kuldip was given Rs.
50,000/- and asked to lodge a complaint against Paramjit Kaur Khalra and her asso-
ciates saying that they offered him a bribe to become a witness in the case. When
Reduced to Ashes 66
146
Statement of Kuldeep Singh, s/o Harbans Singh, SPO No. 606/TT ID Card No. 58, r/o village Bachra,
post office Pandori Gola, Tarn Taran , recorded on 20 June 1999 by a DSP, CBI in Case RC 14(S)95/
S.C.B.DLI under section 161 of Cr. P. C.
147
Amnesty International, A Mockery of Justice: The Case concerning the disappearance of human
rights defender Jaswant Singh Khalra severely undermined, AI Index: ASA 20/07/1998
http://www.web.amnesty.org/ai.nsf/index/ASA200071998
148
ibid
149
Amnesty International, Criminalization of Adivasi Rights Activities, AI-Index: ASA 20/014/2000,
http://web.amnesty.org/ai.nsf/Index/ASA200142000?OpenDocument&of=Countries%INDIA
Kuldip Singh protested, these officers warned him of serious consequences and
forced him to write the complaint. The next day, these officers accompanied him to
a court in Tarn Taran and made him move the application.
146
On 18 April 1998, several newspapers in Punjab reported the registration of a
case against Paramjit Kaur Khalra and others under sections 8, 9 and 12 of the
Prevention of Corruption Act. On 24 April 1998, Punjabi daily newspaper Ajit did
a lead story about Mrs. Khalras attempt to bribe Kuldip Singh on the basis of the
complaint filed by him. Meanwhile, SPO Kuldip Singhs parents called a press
conference at Jalandhar on 21 April 1998 to declare that Mrs. Khalra and her asso-
ciates had never visited their house and the story about their attempt to bribe Kuldip
Singh to become a witness was completely false. The CCDP in Punjab was able to
obtain an appointment with the chief minister of Punjab to ask for an investigation
into the matter. Amnesty International too released a detailed report titled A mockery
of justice: The case concerning the disappearance of human rights defender Jaswant
Singh Khalra severely undermined, that received wide publicity.
147
Soon the gov-
ernment quashed the charges framed against Paramjit Kaur.
The Amnesty Internationals report pointed out that following the submission
of the CBIs report to the Supreme Court in July 1996, the Court had ordered the
Punjab government to transfer all the accused police officers away from the dis-
tricts of Amritsar and Tarn Taran. However, at least four officers accused in the
case were still working in Tarn Taran police district and others were openly tamper-
ing with the evidence.
Kikkar Singh, the witness to the illegal detention and custodial torture of Jaswant
Singh, had since been implicated in five criminal cases. In four of the cases, the
high court granted him bail but the police officials managed to keep him in judicial
custody in the fifth case.
148
Rajiv Singh, who witnessed Jaswant Singhs abduction from his house, and his
friend Sarabjit Singh were separately detained by the Amritsar police in July 1998
on charges of forming an organization supporting a separate state of Khalistan,
called Tigers of the Sikh Land. The Punjab Human Rights Commission investi-
gated the arrest and the charges brought against Rajiv Singh and determined that
the police had falsely implicated them. The commission recommended legal action
against the police officials responsible for registering a deliberately concocted crimi-
nal case. It sent its recommendation to the Punjab government but received no
response.
149
Rajiv Singh was again arrested outside the Golden Temple on 5 Sep-
tember 2000 when he was attempting to present a memorandum on the human
rights situation in Punjab to the UK home secretary, Jack Straw, who was visiting
the site. The police charged him this time with robbery and possession of illegal
150
Amnesty International, Arrest of Witness Points to Continuing Police Harassment, 7 September
2000, AI Index ASA 20/049/2000 http://www.snsm.org.my/h_right/ai4.htm
151
Amnesty International, A Mockery of Justice, Op. Cit.
152
The Tribune, 22 March 2002, Jupinderjit Singh, DGP for amnesty to tainted cops.
153
The Sunday Times on the Web, 15 June 1997, Vijaya Pushkarna, Making Zeroes out of Heroes:
Police challenge the ugly side of human rights, http://www.lacnet.org/suntimes/970615/news4.html
154
In his autobiographical book, Without Fear or Favour, published by Kaveri Books, New Delhi in 1998,
Joginder Singh reminisces about this period in the following words: When I joined, J. F. Ribeiro was the
DG. After some time, Gill took over. Ribeiro and Gill were following the bullet-for-bullet policy. I had been
trained in the tradition of strictly observing the laws. But sticking to the rules does not solve the problems
always. Sometimes, when the system collapses you have to invent your own rules for the game. When
the system breaks down, you have to break new grounds But I personally did not agree with the bullet-
for-bullet policy. I did not agree to any killing unless it was a fair fight (pp. 292-295).
arms. The case was totally baseless and aimed to discredit him as a witness in the
Khalra case.
150
The accused police officers have also been intimidating the lawyers represent-
ing Paramjit Kaur, threatening them in front of the magistrate and by telling them,
We can ensure that you dont come after today. The lawyers have also received
regular threatening calls and have had the tyres of their cars slashed outside the
court.
151
CBI Caves in to Police Impunity
More significantly, the CBI itself seems to have caved in to the pressure of the
police campaign for impunity, that has received vocal support from both the Con-
gress chief minister of Punjab, Amarinder Singh, and the BJPs Union home minis-
ter, Lal Krishna Advani.
152
This is evident from the manner in which the CBI has, in
the wake of this campaign, handled the investigation of Jaswant Singhs disappear-
ance as well as the larger mandate it received from the Supreme Court to identify
the secret cremations and to determine the issues of culpability. The change of
attitude seems to be the result of the position taken by the Punjab police officials
that the director of the CBI, who initiated these investigations, was himself the
inspector-general of the CRPF in Punjab from 1988 to 1990 and every act of ours
was in his knowledge and had his blessings, directions and orders.
153
This was a
reference to Joginder Singh, the CBI director from 1995 to 1997, who was chosen
as the inspector-general of the CRPF in Punjab to fight terrorists.
154
A glaring example of the CBIs change of attitude has been its decision not to
follow up on the information given by SPO Kuldip Singh, who had taken great
personal risk in becoming a prosecution witness and the desperate attempts it made
to discredit his reliability.
When Paramjit Kaurs lawyers Rajwinder Singh Bains and Brijinder Singh Sodhi
moved the trial court in Patiala on 12 August 1998 for directions to the CBI to beef-
up its charge sheet against the accused, its lawyers took nine months to formally
declare that the prosecuting agency needed more time to complete its investigations
following Kuldip Singhs testimony received in March 1998. The CBI continued
these investigations until the last week of November 1999 and then filed an applica-
tion before the special magistrates court in Patiala on 22 November 1999 claiming
Reduced to Ashes 68
155
The CBIs application before the Special Magistrate, Patiala in the matter of RC 14/S/95-SCB-1/ New
Delhi, Regarding Report U/S 173 (VIII) CRPC, dated 22 November 1999.
that Kuldip Singhs statement remained unsubstantiated in material particulars
and that his statement does not inspire confidence as it was admittedly made two-
and-a-half years after the alleged occurance.
155
The application moved by the
CBI cited the following grounds to justify its conclusion, and we must briefly re-
view them to appreciate their inherent and instrumental significance for the pro-
ceedings of this case.
[1] Kuldip Singh had chosen to depose before the CBI belatedly after the
Punjab police failed to confirm him as a permanent constable as had been promised
to him by SSP Sandhu. Further, Kuldip Singh himself said that he could not have
spoken out as long as Sandhu was alive.
Clearly, the two-and-a-half years long silence of SPO Kuldip Singh has to do
with his fear of Sandhu and his team of officers. This was a justified fear that
diminished after the Supreme Court censured their lawless actions and ordered
investigations. Sandhus death further discounted the fear. Kuldip Singh may
also have wanted the security of tenure promised to him at the time of his re-
cruitment. For two-and-a-half years, he may have been actuated by the primacy
of self-interest rather than general welfare of human rights, truth and justice.
But these issues of character can have no relevance to the primary end of the
legal process to obtain correct application of rules of substantive law to facts
that have been proven to an agreed standard of truth and probability. The pur-
suit of truth, within a legal framework, cannot be sabotaged by raising the issues
of character in a primary witness belonging to a situation bereft of incentives for
good behavior. Besides, the character evidence to impeach witnesses is nor-
mally a part of the cross-examination process available to defendants and it is
extraordinary that the prosecution should drop its key witness whose testimony
resolves the mystery of the crime on such grounds.
[2] The CBIs investigation disclosed that the Maruti car, with the registration
plate number PB-2-J245, in which SHO Satnam Singh reportedly drove Jaswant
Singh Khalra for his interrogation to SSP Ajit Singh Sandhus house at Manawala
village, was still registered in the name of Dr. R. S. Pannu. The CBI investigated
Dr. Pannus claim that he had disposed of the car through Surinder Singh Sodhi,
owner of New Auto Home in Amritsar, who sold it to SHO Satnam Singh. How-
ever, the CBI could not find anything on the record to show that the car had been
transferred to Satnam Singhs name.
The attempt to raise doubts on the reliability of SPO Kuldips statement that
SHO Satnam Singh brought Jaswant Singh for his interrogation by SSP Ajit
Singh Sandhu and K. P. S. Gill to Manawala village on the ground that the car
was formally registered in the name of Dr. R. S. Pannu is blatently malicious.
The CBI actually possessed evidence to establish that the car had actually been
bought by SHO Satnam Singh. The owner of New Auto Home in Amritsar,
156
Statesment of Surnder Singh, s/o Paramjit Singh Sodhi, New Auto Home, Court Road, near Sainik
Rest House, Amritsar, recordd by a DSP CBI under Section 161 of the Cr. P. C., on 22 April 1998.
157
Statement of Sampuran Singh Ghumman, s/o Dhyan Singh, Senior Clerk, District Transport Officer,
Amitsar, r/o 7313, Gali No. 4, Model Town, Amritsar, recorded by a CBI DSP under section 161 of the
Cr. P. C on 23 March 1998.
Surinder Singh Sodhi, who deals in second-hand cars, testified to the CBI offi-
cials that he had arranged its sale to SHO Satnam Singh and had received Rs.
1,80,000 by a cheque numbered WH-0209542. He also showed SHO Satnam
Singhs signatures on the receipt for the payment made by him on 14 April
1995. Sodhi also revealed that it was SHO Satnams responsibility to get the
registration of the car transferred under his name.
156
The SHO had deliberately
chosen to keep the car in Dr. Pannus name and this was confirmed by the
statement of Sampuran Singh Ghumman, a senior clerk at the district transport
office in Amritsar. The CBI officers recorded Sampuran Singhs statement that
he had renewed the registration of the car on 28 April 1995 in Dr. Pannus name
at the request of a person who came with the necessary papers and also paid the
road tax. This person had told him that the car was in the possession of SHO
Satnam Singh and Sampuran Singh had noted down this information on the first
page of the registration book.
157
[3] The CBI claimed to have examined several persons to verify SPO Kuldip
Singhs statement that SHO Satnam Singh and other police officials had dumped
Jaswant Singhs body in Harike Canal on 28 October 1995. According to the CBI,
the persons examined owned and worked at small eating joints close to the canal
and they failed to corroborate SPO Kuldip Singhs statement.
It is certainly ridiculous to expect that the police officials would collect these
owners and workers of roadside eateries while getting rid of the body at an
isolated side of the canal. The collection of these statements and the attempt to
discredit SPO Kuldip Singhs statement on their basis becomes positively mali-
cious in the light of the testimony of Surjit Singh, a worker in the irrigation
department of the Rajasthan Feeder Canal, that the CBI officials chose not to
follow up. In his testimony, recorded by the CBI officials on 23 April 1998,
Surjit Singh disclosed that he had regularly seen bodies floating in the canal but
had not intercepted them in the absence of specific orders from his superiors.
Surjit Singh also disclosed that there were big fish and crocodiles in the canal
that ate up bodies within three to four hours of their getting dumped. Their
bones would get carried away to Rajasthan. More significantly, Surjit Singh
disclosed that once in 1992, he inadvertantly became a witness to the dumping
of 19 bodies in the canal. The bodies had been brought for their disposal in the
canal by a group of officers under SSP Ajit Singh Sandhu. It was late in the
evening and Surjit Singh was returning home after his days work on an isolated
side of the canal. The SSP stopped him and slapped him across his face without
any provocation before ordering his subordinates to blindfold him while the
officials got rid of the bodies. Sandhu had threatened to shoot him and throw his
body in the canal if he made any noise or told to any one about the incident.
Reduced to Ashes 70
158
Statement of Surjit Singh, s/o Jaswinder Singh, village Thotha Bhagna, Amritsar, recorded by a CBI
DSP under section 161 of the Cr. P. C on 23 April 1998.
159
Statements of Gurnam Singh and Purshottam Singh, sons of Joginder Singh, r/o Sarai Amanat Khan
in Amritsar district recorded by DSP Nitin Duggal of the CBI under section 161 of the Cr. P. C. on 17
September 1999.
Surjit Singh was blindfolded and made to stand there for nearly one-and-a-half
hours and then asked to leave.
158
[4] The house keeper of the guest house at Harike Canal, where all the officials
led by Sandhu had gathered to eat and drink after getting rid of Jaswant Singhs
body on 28 October 1995 evening, told the CBI officials that Sandhu had not regis-
tered himself as a guest on any day in October 1995. Also, K. P. S. Gill categori-
cally denied ever having visited Sandhus house during the relevant period.
It is no ones case that SSP Ajit Singh Sandhu had registered himself as a visitor
at the canal guest house. He was not likely to consciously leave evidence of his
presence at the guest house on that day. Also, K. P. S. Gills denial of having
interrogated Jaswant Singh at the SSPs house has no meaning, given his ex-
traordinarily consistent record of lies and denials. The CBIs record of investi-
gation does not show anything done to independently probe the allegation.
[5] SPO Kuldip Singh had disclosed that head constables Balwinder Singh
Ghoda and Arvinder Singh had loaded Jaswant Singhs body into of an unumbered
van and had gone with DSP Jaspal Singh, SHO Surinder Pal Singh of Sarhali police
station, SHO Jasbir Singh of Manochahal police station and SHO Satnam Singh of
Jhabal police station to dump it in Harike canal. The CBI was unable to trace any
head constable with the name of Arvinder Singh who had been posted in Tarn
Taran police district during the relevant period. The CBI officials also discovered
that Balwinder Singh Ghoda, head constable C-II No. 3362/TT, had been absenting
himself since June 1999 and his whereabouts since then remain unknown. His broth-
ers Gurnam Singh and Purshottam Singh said that they had no knowledge about
Balwinder Singhs absence from duty and had not seen him after June 1999.
159
It is not clear how these facts discredit the veracity of SPO Kuldip Singhs state-
ments. The desertion of duty by head constable Balwinder Singh Ghoda and his
mysterious disappearance since June 1999 can only reinforce suspicions against
him.
[6] Finally to reinforce the point about SPO Kuldip Singhs lack of credibility
as a witness, the CBI mentioned the 17 April 1998 complaint registered by him
against Paramjit Kaur Khalra alleging that she had paid him Rs. 50,000/- to falsely
depose against the police officials.
We have already examined the circumstances in which the incident occured.
Following the investigations that established Kuldip Singhs abduction by SHO
Satnam Singh and others, the case against Paramjit Kaur was hastily withdrawn.
Kuldip Singh and his family members had themselves revealed how he had
160
Order dated 25 July 1998 by the court of K. S. Garewal, sessions judge, Patiala
161
SBS-TV, Australia, 3 April 2002 , India Who Killed the Sikhs
http://www.sbs.com.au/dateline/trans.php3?dte=2002-04-03&title=India++Who+killed+the+Sikhs
been forced to lodge the false complaint and, if anything, the episode estab-
lishes the desparate lengths to which the accused police officers can go to tamper
and forge evidence, while availing the benefit of bail, to corrupt the judicial
process.
The trial in the case has for long been in slow, grinding progress. In spite of the
reluctance shown by the prosecution to upgrade the charges against the accused
under sections 364 [kidnapping with the intent to muder] and 302 [murder] of the
IPC, the sessions court at Patiala under K. S. Garewal, on 25 July 1998 decided that
circumstantial evidence is strong enough to presume that Jaswant Singh Khalra
was done to death and his dead body disposed of. But the court chose to invoke
IPC section 302 only against DSP Jaspal Singh, SHO Rashpal Singh of Kang police
station and ASI Amarjit Singh of Jhabal police station and to try DSP Ashok Kumar,
SHOs Surinder Pal Singh, Satnam Singh, Jasbir Singh and head constable Prithipal
Singh under section 364 of the IPC.
160
The points about the arbitrariness of these
decisions pale into insignificance when sited against the prosecutions evident lack
of will and intention to uncover the real depth of the crime and to punish the guilty.
The legal process, by corollary, has become a long, inexorable punishment for the
seekers of justice.
Elusive Goals of Justice and Truth
Paramjit Kaur, Jaswant Singhs widow, told Geoff Parish of the SBS television in
March 2002: In court we have to fight and there is so much of harassment. Seven
years have passed and we havent gained anything as yet. This wont finish in our
lifetime.
161
Jaswant Singhs father Kartar Singh was born when his father, a revo-
lutionary committed to the goal of Indias freedom from the colonial yoke, was
interned in Punjab from 1915 to 1922. Born in 1917, Kartar Singh is today 85. As
a school teacher at Khalra village who never compromised with the dignity of his
fathers ideals of freedom, Kartar Singh has been a witness to the passage of an
Independent India into its political adulthood. He told one of the authors of this
report in the course of a long discussion held at his village home on 27 March 2000:
The government did not have the ability and the system to cope with the unrest and
the armed struggle in a legitimate way. The government officials, the police, the
judiciary, the political class were all corrupt, disinterested in their duties, ignorant
of the rules and out of touch with the people. The government did not have a hold
on any section of the society. The government had to react and suppress this move-
ment. But there were no principles and institutional ways to guide its actions. In that
situation, abuses and atrocities became inevitable. The security forces were given
blanket powers to stamp out the agitation by whatever means. The police did not
have the ability, the training or the aptitude to identify and nab real offenders. So,
their actions became indiscriminate. When the militancy increased, they began to
Reduced to Ashes 72
162
Ram Narayan-Kumars interview with Kartar Singh at Khalra village on 27 March 2000.
163
ibid
164
ibid
165
Ganda Singh, PPP, Vol. IX-II, October 1975, Banda Singh Bahadur: His achievements and the place
of his execution; Early Annals of the English in Bengal, Edited by C. R. Willams, Letters of Edward
Stephenson and John Surman to the Governor of Fort Williams in Bengal.
catch and kill the family members and friends of those who were involved. This
way, they tried to create pressure on the relatives to stop those who were
involved
162
Kartar Singh compared the working of the police in India before and after 1947
in the following words: The British were here to rule us. They did that under some
rules and norms. After Independence, political power has gradually become bereft
of all rules and norms. In the British period, custodial killings, victimization of
family members of political or revolutionary suspects, false prosecution, etc., were
unheard of. Now what purpose did the abduction and disappearance of Jaswant
Singh serve? It was a purely malacious and unreasonable action and all the institu-
tions of the state, by participating in the cover-up, have become personifications of
the same maliciousness and unreasonableness.
163
But Kartar Singh does not despair. He says: My son followed the path of truth
and bold opposition to injustice. He was proud of his ancestral history of martyr-
dom for justice and freedom. In spite of my personal grief at his loss, I know that if
there is to be any hope for Punjab and for India there has to be a resurgence of that
spirit of freedom and the courage of conviction which my son embodied. I have
faith. In spite of the rotten state of affairs today, there will be a new phase of struggle
to realize the ideals of freedom which our leaders have betrayed. I hope Jaswants
sacrifice would contribute to initiating that process.
164
Jaswant Singh Khalra died a death he may have foreseen; perhaps courted. The
lingering memory of the legend of Surat Singhs defiant martyrdom in the family
against the Mughals after Banda Singh Bahadur had been captured and executed in
Delhi in 1715, may even have played a part in making Jaswant Singh so bold and
reckless against the Punjab police. But there is a difference between his own sacri-
fice and the sacrifices of his ancestors in 1715: There is more probable knowl-
edge about what happened to them in 1715 than we have about what happened to
Jaswant Singh in 1995. In 1715, two agents of the British East India Company in
Delhi, John Surman and Edward Stephenson, had witnessed and recorded the hero-
ism of Banda Singh Bahadur and his associates who accepted death by spurning the
offers of pardon in exchange for apostasy.
165
We can read about it and feel inspired.
Jaswant Singhs death is an obfuscated event even for those who knew him person-
ally. There is no verifiable record of others like him, thousands of them, who were
consigned to flames in illegal cremations, that Jaswant Singh tried to expose. The
difference has implications for the role of memory and meaning in inspiring knowl-
edgeable initiatives in which Kartar Singh, Jaswants father, endows hope.
Probability of knowledge, through empirical observation, cognitive recovery
and documentation, shows what we care for and how we mean to influence the
shaping of realities.
This report, we hope, integrates these ideals of knowledge and endeavor.
Impunity by all means: Rights and the dead-ends of law 73
IMPUNITY BY ALL MEANS: RIGHTS
AND THE DEAD-ENDS OF LAW
CHAPTER TWO
Reduced to Ashes 74
PART ONE: THE SEARCH FOR TRUTH
The four fundamentals of the Indian democracy, embedded in its republican Con-
stitution, are: [1] The guarantees of inalienable human rights to all citizens; [2] A
democratic legislature; [3] An independent judiciary; and [4] The freedom of dis-
course. On the strength of these constitutional features, India claims to be the larg-
est functional democracy in the world where wide-spread human rights abuses,
systematic persecution of estranged communities and suppression of political dis-
sent cannot occur. However, the experiences of the Sikhs in Punjab show that as a
demonised community targeted for abuse by the authorities, they had no protection
from the leaders of supposedly independent institutions, including the judiciary,
either in shielding their fundamental rights against imminent violations or in ob-
taining acknowledgement and legal restitution of wrongs. Freedom of discourse
remained an empty promise when even the higher judiciary joined the chorus to
turn the page and obliterate the victims memory on the ground that a public discus-
sion and scrutiny focusing on past abuses and the role of institutions would under-
mine the interests of peace and social order. This chapter will discuss these propositions
around the efforts of the Committee for Coordination on Disappearances in Punjab
(CCDP) to initiate a public discourse on human rights violations in Punjab through a
peoples commission, as well as the legal history of the matter of abductions leading to
disappearances and secret cremations carried out by the Punjab police, pending before
the National Human Rights Commission (NHRC) since December 1996.
Election Manifesto
On 10 December 1997, the CCDP held its first convention in Chandigarh and called
on the Punjab government to set up a truth commission to investigate all com-
plaints of human rights violations, as promised by the Akali Dals February 1997
election manifesto. The Akali Dal, which represented the issues of the Sikh politi-
cal discontent, had returned to power in the state nine years after the Central gov-
ernment dismissed its government in October 1987. Members of the Akali Dal and
those associated with its programs and policies constituted the largest number of
victims of state atrocities as well as of the militant violence. The CCDP convention
also resolved to establish a peoples commission, comprising three retired high
court judges, to investigate the complaints of human rights violations if the newly-
elected government chose to renege on its electoral pledge. Justice Kuldip Singh,
former judge of the Supreme Court of India and a patron member of the CCDP, was
in charge of this initiative.
Reduced to Ashes 76
Recent Examples of Truth Commissions
Worldover, the institution of truth commission, is recognized as an important inno-
vation for the restoration of the rule of law in societies traumatized by widespread
abuses of human rights by state forces and political violence originating from deeper
political maladies. The truth commissions by their uniquely transparent and partici-
patory methods of work, aim to help hostile sections of people in such societies
recover a common normative and empirical basis for knowledge, justice and good
governance. This innovative instrument of truth and justice has taken new forms
under varied experiments in divided societies across the world. Let us consider the
two recent examples:
In October 2000, Yugoslavias democratically elected president, Vojislav
Kostunica, announced the creation of a truth commission to investigate human rights
crimes and collective violence since the fall of the iron curtain. Kostunica explained
the need for the commission in the following words:
We must answer two questions: What really happened and how do we go on?
This is the only way to make the past clear to future generations and to explain
to them how their predecessors found the way out of the maze In order to
make it happen, we have to revise our near and distant past. We have to face it as
a number of objective facts and myriad subjective observations and experiences
stemming from them. This is going to be a very difficult task in a society in
which nearly every family has its own tragic story We have to bring together
these dispersed elements of our awareness and conscience, to organise ourselves,
and begin the process of general moral recovery. Without that recovery, any
other will prove impossibleThis was the idea that led me to establish the truth
and reconciliation commission. However, it is a mere stone of goodwill thrown
into the waters of the present historic predicament. The notion and wish is that
the stone produces many concentric rings of activity to be carried out by many
associates and activists. The commissions task is to band together all those who
see truth and reconciliation as the cornerstones of a future resurrected public
life. Whether this historic project will succeed or not depends on all of them and
all of us.
1
On 26 May 2001, seven months after the establishment of the Yugoslavian com-
mission, the Peruvian government announced the establishment of a similar truth
commission to investigate human rights abuses committed in the country over the
last 20 years. The commission promised to scrutinize the actions of Perus last three
presidents and also examine the era of terrorism in which 30,000 people died and
4000 disappeared. An interim government under Alan Garcia announced the deci-
sion following the dismissal of Alberto Fujimori in November 2000 on the ground
of his moral unfitness. On 9 September 2002, the commissions chairman Salomon
Lerner especially flew to interview Fujimori in Tokyo, where he has taken shelter
1
In Search of Truth and Responsibility: Towards a Democratic Future, Vojislav Kostunica, 19 May
2001, http://www.b92.net/trr/eng/kostunica.html
2
The BBC News, Saturday, 26 May 2001, Peru to Create Truth Commission
http://news.bbc.co.uk/1/hi/world/americas/1352959.stm; the BBC News, Monday,9 September 2002,
Charles Scanlon, Peru Truth Inquiry tails Fujimori,
http://news.bbc.co.uk/2hi/americas/2246308.stm
3
At Embassy of Peru in London, 15 February 2002, The Task to Make Justice: Presentation by the
President of the Truth and Reconciliation Commission
http://www.gci275.com/peru/lerner_reconciliation.shtml
4
Jonathan D. Tepperman, Truth and Consequences, Foreign Affairs, March, 2002 / April, 2002.
5
Volume I, Chapter I, Foreword by Chairperson, para 17 http://www.news24.com/Content_Display/
TRC_Report/1chap1.htm
Tell all the Truth but tell it slant
Success in Circuit lies
Too bright for our infirm Delight
The Truths superb surprise
As Lightning to the Children eased
With explanation kind
to escape accountability.
2
Justice Salomon Lerner spoke to a select audience in
London on 15 February 2002 about another important task of understanding the
roots of political violence in Peru that confronted the commission: The violence,
besides being an expression of historical bankruptcy, has created in our present and
planted in our future, an abundant and deep sense of unease. Once again, it is diffi-
cult to think about consolidation of democracy in Peru, without having recognised
these wrongs and evils and without proposing a solution.
3
According to Jonathan D. Tepperman, an international lawyer from Canada and
an associate editor of the Foreign Affairs, 10 other commissions have been set up in
the period between the Yugoslavian and Peruvian initiatives and more than 21 truth
commissions have run their course since 1974.
4
Paradigmatic Experiences: Argentina and Chile
The importance of truth commissions in endemically violent societies, as suggested
by these examples, seems to lie in the idea that they approach abuse of political
power, violence and victim-hood in their larger historical and normative contexts
and seek accountability, reparation and restoration of human rights in a participa-
tory process with greater emphasis on repentance and healing than on prosecution
and punishment. The approach follows the premise that those who wield power and
others who suffer it can be welded to a shared perspective on the responsibilities
and limitations of the relationship and can, on that basis, reconcile with a common
position of truth, reparation of wrongs and the commitment to prevent future atroci-
ties. Clearly, the objective is as hard to achieve as it is noble in its basic conception.
South Africas Truth and Reconciliation Commission (TRC), which was instituted
from 1996 to 1998, is by far the most famous example of this approach to justice.
In the introduction to the final report of the TRC, Archbishop Emeritus Desmond
Tutu, the commissions chairperson, wrote about a Dutch visitor to the post-apart-
heid South Africa who observed that the Truth and Reconciliation Commission
must fail. Its task is simply too demanding. Yet, she argued, even as it fails, it has
already succeeded beyond any rational expectations. She quoted Emily Dickinson,
The truth must dazzle gradually or all the world would be blind.
5
Reduced to Ashes 78
The Truth must dazzle gradually
Or every man be blind.
Emily Dickinsons poetry can be read at the following site:
http://members.aol.com/GivenRandy/r_emilyb.html
6
Edward Schumacher, Argentina and Democracy, Foreign Affairs, Summer 1984,
7
Decree No. 187/83, promulgated Dec. 15, 1983 Comission Nacional Sobre la Desaparicion de
Personas, quoted in Carlos S. Nino, The Duty to Punish Past Abuses of Human Rights Put into
Context; the case of Argentina, Yale Law Journal, 100, pp. 2537 2615 June, 1991.
8
Commission Nacional Sobre la Desaparicion de Personas, Nunca Mas National Commission on the
Disappearance of Persons, Never Again , Univeritaria de Buenos Aires, 4th edition, 1984, pp. 235-6,
479;Tom J. Farer, Swallowing Injustice to Build Community: Latin America After the Era of State
Terror, A lecture delivered at the Institute of International Studies of the University of California,
Berkeley, on 20 April 2000 http://globetrotter.berkeley.edu/people/Farer/Farer-Injustice.pdf
This weighty point is especially supported by the experiences of truth commis-
sions in Latin American countries like Argentina, Chile, El Salvador and Guate-
mala. We shall briefly examine the Argentinean and Chilean experiences that have
some lessons for the issues and the challenges we encounter in Punjab.
The first serious attempt to remedy the past abuses of power through a truth
commission was made in Argentina when Raul Alfonsin, a charismatic democrat,
came into power through elections in 1983, ending the Dirty War initiated by the
junta in 1976. Alfonsin dramatically broke from the Latin American tradition of
pacifying past military rulers and ordered the court-martial of nine junta leaders,
who ruled between 1976 and 1982, on charges of spreading terror, pain and death
throughout Argentinean society. Included among the nine were ex-presidents
Videla, Viola and Galtieri.
6
The National Commission on Disappeared, established by Alfonsins govern-
ment
7
and chaired by the famous writer, physicist and humanist Ernesto Sabato,
did the first systematic study of the philosophy and working of counter-insur-
gency in modern times. Its report Nunca Mas (Never Again), based on extensive
testimony of victim families revealed the counter-insurgency thinking and strategy,
pithily explained by General Saint Jean in the following words: First we will kill
all the subversives. Then we will kill their collaborators, then their sympathizers,
then those who remain indifferent and finally the indecisive. This counter-insur-
gency thinking justified unconventional and ruthless ways of dealing with clandes-
tine rebel organizations and considered the use of torture essential for the knowl-
edge of underground networks. If a captured sympathizer of the rebels could not be
intimidated or induced to become a stooge, he had to be killed. This framework also
viewed human rights organizations as subversive in nature because they contrib-
uted to the destruction of the pristine power and the moral supremacy of the nation-
state.
The report revealed that the military government systematically tortured, mur-
dered and disappeared almost 9,000 Argentinian citizens. Many were disappeared
by the unique method of dropping their bodies into the ocean from airplanes so that
their bodies would never be found.
8
Following the publication of the report, the
government initiated prosecutions against many senior navy, air force and military
officials. The government tried to permanently establish civilian authority over the
military and retired more than half of the generals and admirals. It slashed military
outlays radically and removed the military control over Fabricaciones Militares, a
9
Edward Schumacher, Argentina and Democracy, Op. Cit.
10
Carlos Nino, Comment: The Human Rights Policy of the Argentine Constitutional Government: A
Reply, 11 Yale J. Int.L L, 1985, Ley de Punto Final, Law No. 23492, 24 December 1986.
11
Carlos Nino, The Duty to Punish Past Abuses of Human Rights put into Context: The Case of
Argentina, 100 Yale L. J. 618, 620, 1991.
12
Ley de Obediencia Debida, Law No. 23521, 4 June 1987.
13
Edward C. Snyder, The Dirty Legal War: Human Rights and the Rule of Law in Chile 1973-1995,
Tulsa Journal of Comparative and International Law, Spring, 1995, p. 253.
14
The Washington Post, 20 September 2000, Vernon Loeb, CIA Had Covert Fie to Letelier Plotter.
military industrial complex that produced everything from ploughshares to military
hardware.
9
In the beginning all seemed to be moving well towards accountability. Slowly,
the pressure started building up. First, Alfonsin brought the legislation aiming to
protect middle rank officers who supposedly committed crimes under orders but
lacked decision-making capacity. The law, however, excluded from protection those
accused of abhorrent or atrocious acts. The law did not satisfy the military and
the government was forced to bring in the so-called law of full-stop.
10
The law
established a 60-day statute of limitation for new indictments. As the government
appeared to buckle under pressure, the military became bolder and more brazen. A
group of previously indicted officers rebelled and announced their decision to vio-
lently resist enforcement of detention orders. The civilian population of Argentina
sided with the government. Millions swamped the streets of Buenos Aires in Presi-
dent Alfonsins support and the military rebellion was quelled.
11
Despite this momentary success, other indicted officers began to defy the judi-
cial process. The government pacified the military by bringing in new legislation
called the law of due obedience to protect all, except the very senior officials,
from legal action.
12
The law pacified the military, but the bold experiment in ac-
countability, initiated by this charismatic Argentinean democrat in 1983, failed.
The same process has been repeated, with rich experimental variations, in Chile
after the December 1989 electoral success of Patricio Alywin Azocar of the Chris-
tian Democrats Party that brought an end to the 17-year-long rule of General Augusto
Pinochet. Alywin was aware of the failures of the accountability process in Argen-
tina, but still established the National Commission for Truth and Reconciliation in
1990 to confront the legacy of human rights violations that followed the 1973 mili-
tary coup against Allendes elected regime.
13
Pinochet had sustained his regime by methods that provided inspiration to bru-
tal regimes across the world, including the Indian Punjab. First, the Directorate of
National Intelligence (DINA) established in June 1974 under Manuel Contreras,
led the counter-insurgency operations. The DINA specialized in liquidating the en-
emies of the state and potential adversaries of national security.
14
Victims were
seized without arrest warrants, often in broad daylight and in front of witnesses, as
in Punjab, and held incommunicado, systematically tortured, killed and disappeared.
In August 1977, Pinochet had to disband the DINA under pressure from the new
American administration under President Jimmy Carter, but he created another out-
fit called the National Center of Information (CNI). The new organization special-
ized in staging elaborate shoot-outs with alleged terrorists, precursors to the Punjab
encounters. The CNI was later recognized as a branch of the armed forces.
Reduced to Ashes 80
15
The Washington Post, 1 July 1999, Karen De Young and Vernon Loeb, Augusto Pinochet Report:
Documents Show U. S. Knew of Pinochet Crackdown http://www.hartford-hwp.com/archives/42a/
140.html; Edward C. Snyder, Op. Cit, 253.
16
Human Rights Watch Report, October 1999, Vol. 11, No. 1(B), Chile: When Tyrants Tremble: The
Pinochet Case http://www.hrw.org/reports/1999/chile/index.htm
17
Judgment In Re Pinochet, House of Lords, Oral judgment on 17 December 1998: Reasons on 15
January 1999 http:// www.parliament.the-stationery-office.co.uk/pa/Id199899/Idjudgment/jd990115/
pino01.htm; Ruth Wedgwood, Augusto Pinochet & Inernational Law, (2000) 46 McGill Law Journal
241.
18
The Miami Herald, 3 March, 2000, Kevin G. Hall, Pinochet released to return to Chile
http://www.rose-hulman.edu/~delacova/chile/released.htm
According to the National Commission for Truth and Reconciliation, which re-
leased its reports in 1991 and 1996, a total of 2,095 extra-judicial executions and
deaths under torture took place during the military regime, and 1,102 people disap-
peared at the hands of government forces and are presumed dead.
15
Already in April 1978, Pinochet had decreed an amnesty law that protected
people from prosecution of all political crimes committed during the state of siege
from September 1973 to March 1998. In October 1980, Pinochet named himself
the president of Chile for an eight year term and reserved for the military nine of 48
seats in the National Senate. He also secured military presence in the judiciary and
constituted a national security council, with half the votes to the military personnel,
to influence the governmental decisions. In 1988, Pinochet lost a plebiscite for the
extension of his rule and the presidential elections in December 1989 returned the
Center-Left coalition of Parties for Democracy under Patricio Alywin Azocar to
power. Pinochet remained the chief of the armed forces till March 1998 when he
surrendered the command to General Ricardo Izurieta after taking his position in
the Senate as its life-member with diplomatic immunity for his travels abroad and
constitutional immunity from arrest or criminal process at home.
16
On 16 October 1998, Pinochet was detained in London, while he was there for
medical treatment, at the request of Spanish magistrate Baltasar Garzon for the
murder or disappearance of seven Spanish citizens in Chile. The next 16 months
of high legal drama, marked by two path breaking House of Lords decisions on the
principles of sovereign immunity, culminated in March 2000 with the British home
secretary intervening in the process, in a quasi-judicial role, to return the 84-year-
old former dictator to Chile on medical grounds. Although many were disap-
pointed by the outcome, the episode established the principle that former heads of
state responsible for heinous human rights abuses are not immune to prosecution
within the universal jurisdiction of human rights.
17
In the course of Pinochets 16-
month long detention in Britain, three other countries Belgium, France and Swit-
zerland asked for his extradition on the ground that their citizens had suffered
torture, disappearance and arbitrary execution under his regime. But the British
home secretary turned down their requests. Pinochets return to Chile received a
mixed reaction and it seemed unclear whether he would be prosecuted for his crimes
within the country. But he had been branded an outlaw before the international
community and this was an achievement for the human rights movement.
18
Also,
Pinochets return to Chile, amidst a grand spectacle of welcome staged by the armed
forces, resurrected the discourse on the obligations of the state to investigate,
19
Jinn Magazine, 30 March 2000, Roger Burbach, Pinochets Trial And Tribulations In Chile Chileans
Eager To Take Care Of Pinochet And Other Domestic Problems
http://www.pacificnews.org/jinn/stories/6.06/000330-chile.html
20
Amnesty International Report 2001, Chile,
http://web.amnesty.org/web/ar2001.nsf/webamrcountries/CHILE?OpenDocument
21
ibid
22
Human Rights and Politics of Agreements, An Americas Watch Report, 41, July 1991, p. 32; Report of
the Chilean National Commission on Truth and Reconciliation, Trans. Philip Berryman, 1993; Edward
C. Snyder, The Dirty Legal War: Human Rights and the Rule of Law in Chile 1973-1995, Tulsa
Journal of Comparative and International Law, Spring 1995.
23
International Commission of Jurists and Center for the Independence of Judges and Lawyers, Chile: A
Time of Reckoning, 51 (1993) p. 219.
acknowledge and rectify past human abuses.
New Chilean president Ricardo Lagos promised that the judicial process would
take its course. Even the judiciary seemed to be stirring when it ruled that the old
amnesty legislation would not apply to stymie investigation of enforced disap-
pearances.
19
The Chilean council for defence of the state, representing the posi-
tion of the state, joined a group of seven human rights lawyers in Santiago to re-
quest the appeals court to lift parliamentary immunity for prosecution, which Pinochet
enjoyed for life. In June 2000, the court decided to waive the immunity by 13 votes
to 9. The court also ordered Pinochets house arrest for the kidnapping and murder
of 75 victims of the Caravan of Death. But the Supreme Court turned down the
appeal on the ground that the court had not completed the formality of interrogating
Pinochet and that it could not do so without a proper medical certificate that he was
physically and mentally fit to take the strain.
20
In spite of these setbacks and amidst controversies, the process of truth and
reconciliation in Chile continued. In June 2000, members of Mesa de Dialogo, a
conflict resolution group dedicated to resolving disappearances issued a declara-
tion asking for a special legislative initiative to obtain authoritative information.
The group called for statutory protection of anonymity to those who came forward
with information. The Congress passed the proposal which became law in July
2002.
21
Evidently, these developments, resulting from the publication of the truth
commissions report in 1991, do not amount to a clear and enduring triumph of
truth, accountability and end of impunity in Chile. However, they constitute a sig-
nificant progress for the human rights movement since 1991 when Pinochet had
reacted to the findings of the truth commission in the following words: The army
of Chile solemnly declares that it will not accept being placed as if on trial before
the citizenry for having saved the freedom and sovereignty of the homeland at the
insistence of the civilian population.
22
The commissions report, which criticized
the courts for abdicating their independence and for failing to safeguard fundamen-
tal rights of all citizens, had also provoked a strong reaction from the Supreme
Court. The Supreme Court actually issued a public statement holding the govern-
ment and the truth commission responsible for creating a climate of animosity and
contempt for the judiciary.
23
The events in the wake of Pinochets detention in the
UK and the two judgments by the House of Lords on 25 November 1998 and 17
December 1998 have certainly counteracted their political hubris and claims of
Reduced to Ashes 82
inscrutability. They also show that justice and truth, as goals, move on the power of
patient persistence.
Popular Co-Agency
We hoped that the new Akali government in Punjab would learn from these global
experiences and use the instrumentality of a truth commission, as promised in its
election manifesto, to address the issues of past atrocities and also identify the root
causes of horrid aberrations from the rule of law characterizing the governance in
the state since 1984.
The importance of initiating a public discourse on past abuses, accountability
and the culture of impunity becomes evident when we pay attention to the scale and
contours of state violence in Punjab from 1984 to 1994. As we know, an extraordi-
narily large number of people were excluded from the protection of the law on the
basis of their collective identity, and an equally large number of people, in an anti-
thetical stance in relation to that identity, participated in the perpetration of vio-
lence, directly, in auxiliary roles and as silent supporters. In November 1984, the
Sikhs in Delhi were not whisked away to secret locations to be killed by specialized
gangs of executioners. They were murdered, maimed, burnt and impaled openly on
the streets by large mobs with implements and appliances from their daily working
lives: knives, sticks, clubs, stones, kerosene and other such devices. Murderous
mobs were, no doubt, mobilized, sometimes transported from nearby villages, and
instigated and led by politicians with clout who promised and ensured protection.
But there was nothing anonymous, secretive or remote about the carnage. It was
done openly by hundreds of thousands of people with many playing supplementary
roles and many more returning as spectators from the sites of slaughter, with the
blood and flesh of victims on their faces and clothes.
Also, there was nothing clandestine about the state terrorism in Punjab. Security
forces picked up suspects very openly, kept them under interrogation at local police
stations and other places of detention in accessible localities and then killed them in
so-called encounters which everyone in the area knew to be bogus. Yet, given the
communal cleavages of the situation, the security forces operated under approving
eyes and with the complicity of large sections of the population. In our view, at-
tempts to find remedies and restitution for these situations of organized violence
and state atrocities cannot be effectual unless they account for and address the dy-
namics of popular co-agency that allowed the abuses to happen and then escape
accountability through a compact of official denial and social silence.
Several scholars have examined the subaltern and popular character of the
states genocidal projects in other societies, especially the Nazi period of German
history, to understand the historical and political factors that make them manage-
able. Mahmood Mamdanis recent book about the genocide in Rwanda, involving
the Hutu and Tutsi populations, should be particularly helpful in understanding the
communal approval for what happened in Punjab. The book deserves attention be-
cause it ventures into the silent spheres of discourse on genocide by examining the
perspectives and resonances that make it happen. Particularly relevant for compre-
hending the Punjabi situation is the approach taken by this outstanding Ugandan
24
Mahmood Mandani, When Victims Become Killers: Colonialism, Nativism and the Genocide in
Rwanda, Princeton University Press, 2002.
25
Michael Lobban, White Mans Justice: South African Political Trials in the Black Consciousness Era,
Oxford University Press, NY, 1996, p. 184.
26
Quoted in Kumar, Sieberer, The Sikh Struggle, Op. Cit, pp. 288-289
intellectual in examining the histories of identity formation in colonial Africa and
his analysis about the failures of nationalist revolutions in endowing them with a
basis of citizenship that can withstand genocidal impulses.
24
Toleration and approval of violence against those who live in the same physical
space but do not belong to the inner landscape of human commune is not new in
history. In Mark Twains Adventures of Huckleberry Finn, Huck narrates to Aunt
Sally his lucky escape from an explosion in his steamboat. Aunt Sally is startled
enough to ask: Good gracious! Anybody hurt? Nom, comes the answer: Killed
a nigger. Aunt Sally, feeling relieved, says: Well, its lucky, because sometimes
people do get hurt. Aunt Sallys contented response captures the heart of darkness
in the American South, 20 years before the Civil War, as no scholarly work of
history can. Niggers were not people and their suffering, their rights and their
violations did not filter down to the White consciousness as a matter of concern.
25
We know how the demonization of Jews as a deicidal race and as the progeny
of Judas Iscariot succeeded in insulating the world from reports on the Holocaust at
a stage when it could have been stopped. Such is the one-sidedness of history as it
unfolds in a world that has no regard for a shared perspective on truth.
PART TWO: LEGISLATIVE APPARATUS OF
COUNTER-INSURGENCY
Draconian Laws
Protagonists of the Indian establishment habitually repeat the claim that excesses,
meaning illegal detention, custodial torture, arbitrary executions and enforced dis-
appearances, had become inevitable because terrorism paralyzed the courts of law,
which failed to convict the accused brought before them for trial. Merits of this
claim require a serious scrutiny with reference to the extraordinary powers the se-
curity forces in Punjab enjoyed within the legislative apparatus, created by the Par-
liament and upheld by the Supreme Court to deal with the insurgency in the state.
In March 1988, the Parliament passed the 59
th
Amendment of the Constitution
enabling the Central government to extend Presidents rule in the state beyond one
year, impose emergency on the ground of internal disturbance, and suspend Ar-
ticle 21 of the Constitution which guarantees that no person shall be deprived of
life and liberty except according to the procedure established by law.
26
The Union government dragooned this constitutional amendment through Par-
liament, despite all of the special legislation already at its disposal. The following
Reduced to Ashes 84
27
The National Security Act, 1980, Statement of Objects and Reasons to Amending Act 24 of 1984.
28
I. S. Jaijee, Politics of Genocide, Chandigarh, 1995, p. 143
29
The Terrorist and Disruptive Activities (Prevention) Act, 1987, Statement of objects and reasons.
30
TADA 1. [2 a & b]
are some of the black laws then applicable in Punjab, whose draconian provisions
were sustained by the Supreme Courts power of judicial review.
1. The National Security Act, 1980, which aimed to effectively deal with the anti-
social and anti-national elements was amended by the Amending Act 24 of
1984 specifically with reference to the extremist and terrorist elements in the
disturbed areas of Punjab and Chandigarh.
27
This Act provided for detention
without charge or trial for one year in all parts of India, and two years in Punjab.
2. The Armed forces (Punjab and Chandigarh) Special Powers Act empowered
the security forces to enter and search any premises, and to arrest any person
without a warrant. It also allowed the security forces to destroy any place on the
suspicion of being a terrorist hideout and to shoot to kill a suspected terrorist
with immunity from prosecution.
28
3. Finally, there were the Terrorist-Affected Areas (Special Courts) Act, 1984, and
Terrorist and the Disruptive Activities (Prevention) Act enacted in May 1985 in
Punjab with its lifetime restricted to a period of two years. At the end of this
period, the Union government realized, as the statement of objects and reasons
in the preamble to the Act explain, that the police required the special powers of
the Act on account of various factors, what were stray incidents in the begin-
ning have now become a continuing menace specially in states like Punjab. On
the basis of experience, it was felt that in order to combat and cope with terrorist
and disruptive activities effectively, it is not only necessary to continue the said
law but also to strengthen it further. With these considerations, the President of
India promulgated the Terrorist and Disruptive Activities (Prevention) Ordi-
nance in May 1987. This ordinance was replaced with the Terrorist and Disrup-
tive Activities (Prevention) Act (TADA), 1987, after both the Houses of Parlia-
ment passed it as law in September 1987. The lifetime of the Act was again
prescribed as two years, but on the due dates of expiry in 1989, 1991 and 1993,
TADA was extended for further periods of two years, the last time through the
Amending Act 43 of 1993.
29
Examination of Provisions of TADA
To understand the depth and reach of the draconian mandate the security forces in
Punjab received from the Parliament, upheld by the Supreme Court, we shall exam-
ine the provisions of TADA at some length.
The following were the salient features of the Act, extending to the entirety of
India and also applied to Indian citizens outside the country.
30
The Act was permit-
ted to lapse in May 1995, but the cases initiated prior to 1995 continue to hold legal
validity.
The Act defined a terrorist as: (1) Whoever with intent to overawe the govern-
ment... or to strike terror in the people... or to adversely affect the harmony amongst
31
TADA 3. [1], [3], [4]
32
TADA (2) [a] I, II, & III
33
TADA, (4) [2] I-II, [3] A-B
34
TADA (3) [2] I-II, [3], [4]
35
TADA (4)
36
TADA, 5 & 6
37
TADA, (9) 1-4, (11) 1-7
different sections of the people does any act... by using bombs, dynamite or other
explosive substances or inflammable substances or firearms or other lethal weap-
ons or poisons or noxious gases or other chemicals or by any other substances...in
such a manner as to cause, or as is likely to cause death of, or injuries to, any
person... or destruction of property or disruption of any supplies of services... or
detains any person and threatens to kill or injure such person in order to compel the
government or any other person to do or abstain from doing an act, commits a
terrorist act; (2) Whoever conspires... or advocates, abets, advises or incites or...
facilitates the commission of a terrorist act or any act preparatory to a terrorist act;
(3) Whoever harbours or conceals, or attempts to harbour or conceal, any terror-
ist.
31
Abetment of a terrorist act meant: (1) Communication or association with any
person... who is engaged in assisting... terrorists or disruptionists; (2) the passing on
or publication of ... any information likely to assist the terrorists or disruptionists...
and publication of or distribution of any document or matter obtained from them;
(3) rendering of any assistance [to them] whether financial or otherwise.
32
Disruptive activity was defined as any action taken, whether by act or by speech
or through any other media or in any other manner... (1) Which questions, disrupts
or is intended to disrupt, whether directly or indirectly, the sovereignty and territo-
rial integrity of India; or (2) Which is intended to bring about or supports any claim,
whether directly or indirectly, for the secession of any part of India... from the
Union; (3) Which advocates, advises, suggests or incites or predicts, prophesies or
pronounces or otherwise expresses in such a manner as to incite, advise, suggest or
prompt the killing or the destruction of any person bound by oath under the Consti-
tution to uphold the sovereignty and integrity of India.
33
Punishments for terrorist acts were: (1) Death or imprisonment for the life, also
liable to fine if an act resulted in the death of any person; (2) In any other case, the
act was punishable with imprisonment for a term not less than five years and ex-
tending to imprisonment for life, also liable to fine.
34
Disruptive activities were punishable with imprisonment for a term not less than
five years and extending for life, also liable to fine.
35
Possession of unauthorised arms, ammunition or explosives and helping terror-
ists or disruptionists to possess them was punishable with imprisonment for a term
not less than five years, extending to imprisonment for life, also liable to fine.
36
Every offence punishable under the Act was to be tried only in the designated
court constituted by the Central or a state government. The government also ap-
pointed the presiding judge and additional judges with the concurrence of the chief
justice of the high court. These judges continued in their offices even after attaining
the age of superannuation under the rules.
37
Reduced to Ashes 86
38
TADA 11 [2] A-C
39
TADA, (14) 1, 5
40
TADA, [16] 1-3, [19] 1-3
41
TADA, [8] 1-3, [22] 17 of TADA Rules, 1987
42
TADA, 22
43
TADA, [20] 7
Jurisdiction, procedure and powers of designated courts:
(1) The Central government could with the concurrence of the Chief Justice of In-
dia transfer any case pending before a designated court in a state to any other
designated court within that state or in any other state if in its opinion such a
transfer was necessary for the requirements of a speedy trial, or safety of the
witnesses, the prosecutor and the judge, or the interests of justice.
38
(2) A designated court on receiving a complaint or a police report could take cogni-
zance of any offence, without the accused being committed to it for trial. It may
also proceed with the trial in the absence of the accused or his pleader and
record the evidence of any witness.
39
(3) All proceedings before a designated court could at the discretion of the court be
conducted in camera. The designated court could take necessary measures to
keep the identity and addresses of witnesses secret. It could also decide the
place where to hold the proceedings of the trial and suppress the names and
addresses of the witnesses from its orders, judgments or in any records of the
case. Further, the court could issue directions that the identity and addresses of
witnesses would not be disclosed and the proceedings of the court would not be
published in any manner. An appeal against any judgment, sentence or order of
a designated court could only be addressed to the Supreme Court within a pe-
riod of 30 days from the date of the order.
40
(4) When a person was accused of an offence under the Act, the designated court
could order that all his properties be attached during the period of his trial. If the
trial ended in conviction, the attached properties were to be forfeited to the
government free from all encumbrances. If the court was satisfied on receiving
a report from a police officer or an officer of the Central government specially
appointed to arrest, investigate and prosecute any person under the Act, that any
person who committed an offence under the Act was absconding or was con-
cealing himself from apprehension, it could publish a written proclamation re-
quiring him to appear at a specified place and at a specified time not more than
30 days from the date of publication of such a proclamation. At the non-compli-
ance of the order, the person was to be declared a proclaimed offender.
41
Arrest, investigation and evidence:
(1) When a person had been declared a proclaimed offender, the evidence regard-
ing his identification by witnesses from his photograph had the same value as
the evidence of a test identification parade;
42
(2) No person accused under the Act could avail the remedy of anticipatory bail
under Section 438 of the Code of Criminal Procedure, (CrPC),1973;
43
(3) A person arrested under TADA could be produced before any judicial magis-
trate, executive magistrate or special executive magistrate, under Section 167 of
44
TADA, [20] 4
45
TADA, [20] 4-b
46
TADA, [20] 8 a & b
47
TADA, [15] 1-2, [21] 1a-d
48
TADA, [20]3
49
TADA, [26]
the CrPC, who could then authorize, irrespective of his jurisdiction, the deten-
tion of the accused for the purpose of investigation under police custody for a
maximum period of sixty days;
44
(4) A person arrested for any offence under the Act could be detained without bail
for the maximum period of one year to enable the prosecution to complete in-
vestigations against him;
45
(5) Even at the expiry of this period, the accused undertrial could not claim bail
unless the court on reasonable grounds was satisfied that he had neither com-
mitted any offence under the Act nor was likely to commit any while on bail;
46
(6) Confessions made by an accused, co-accused, abettor or conspirator before a
police officer of the rank of superintendent of police, either in writing or re-
corded in any mechanical device, was admissible as evidence at trial. If the
prosecution established that arms or explosives were recovered from the pos-
session of the accused, or that his fingerprints were found at the site of the
offence, by the evidence of an expert, or that a co-accused had confessed the
involvement of the accused, or that the accused had confessed his offence to
any person, the designated court had to presume, unless the contrary was proved,
that the accused had committed the offence;
47
(7) The recording of confessions and statements, under Section 164 of the Code of
Criminal Procedure 1973, could also be made by metropolitan magistrates, ju-
dicial magistrates, executive magistrates and special executive magistrates,
whether or not they had jurisdiction in the case, at the instance of an officer
investigating a case under TADA;
48
(8) No government and its officers could be taken to any court in any form for any
action which they had in good faith done or purported to have done in pursu-
ance of the Act.
49
Point and Counterpoint: Supreme Court Upholds TADA
Even this cursory examination of the provisions of TADA shows that they were not
only excessively harsh with ample scope for misuse and abuse of the fundamental
rights guaranteed by chapter III of the Constitution, they also demolished the buffer
of procedural safeguards erected by the Indian Penal Code (IPC), the Code of Crimi-
nal Procedure (CrPC) and the Indian Evidence Act. Many writ petitions, criminal
appeals and special leave petitions were filed before the Supreme Court challeng-
ing the constitutional validity of various provisions in the Terrorist Affected Areas
(Special Courts) Act (No. 51 of 1984), and the TADA, which the court finally
disposed of through the common judgement of Kartar Singh v. The State of Punjab
pronounced on 11 March 1994.
Reduced to Ashes 88
The judgement can be scrutinized in two parts: First in relation to the main
arguments that challenged the legality of TADA for destroying the traditionally
established safeguards of the criminal procedural regulation; then with reference to
the arguments around the larger issue of legislative competence of Parliament to
enact the law. For the sake of convenience and brevity, we shall examine the judge-
ment only in the first part of arguments by assembling them under three main prin-
ciples of procedure destroyed by TADA: [I] The burden of proof; [II] Judicial inde-
pendence; and [III] Fair trial. Below, we first present the arguments given against
TADA, and then the Courts response to these arguments in Kartar Singh v. The
State of Punjab.
(I) The burden of proof
Arguments
Under traditionally established rules of the criminal trial system in India, no of-
fence is proven nor any charge formulated unless warranted by legal evidence. It is
the prosecutions burden to furnish this evidence. According to section 111 of the
Evidence Act, the accused are presumed to be innocent until the prosecution, on its
onus, establishes the contrary. Section 21 of TADA, as far as it commands the
presumption of guilt against the accused, inverted this principle. This aberration
from the established legal tradition received a permanent place in the Evidence Act
through the insertion of section 111(a), which attended the passing of the Terrorist
Affected Areas (Special Courts) Act, 1984.
50
The definition of the word abetment in section 2(1)(a) of TADA eliminated
proof of criminal intention or the principle of mens rea. It repudiated the explana-
tions in sections 107 and 108 of the IPC that presuppose wrongful intention as an
essential ingredient to the offence of abetment. Thus, TADA destroyed the essen-
tial condition of penal liabilities in the old maxim actus non facit reum, nisi mens
sit rea, meaning the act alone does not amount to guilt, it must be accompanied
by a guilty mind. Section 2(1)(a) also overturned several decisions of the Supreme
Court requiring the concurrence of intent and act to constitute an offence of abet-
ment.
51
This part of TADA was unconstitutional and contrary to the principles of
fairness and reasonableness.
Section 15 of TADA allowed a police officer of the superintendents rank to
record confessions of the accused in custody, and its section 22 accorded to photo-
graphic identification of a proclaimed offender the value of evidence that is
50
Supplement to the Evidence Act, 1872, Sec. 111(a); The Terrorist-Affected Areas (Special Courts) Act,
1984. Substance of the relevent sections: 121 - Waging or attempting to wage war, or abetting the
waging of war, against the government of India; 121(a) Conspiring to commit certain offences against
the State; 122 - Collecting arms, etc., with the intention of waging war against the government of India;
123 - Concealing with intent to facilitate a design to wage war.
51
Inder Sain v. State of Punjab, (1973) 2 SCC 372: 1973 SCC (Cri) 813 - (SCC p. 378, para 20); State of
Maharashtra v. M. H. George, (1955) 1 SCR 123: AIR 1965 SC 722: (1965) 1 Cri LJ 641 - (SCR p.
139); Nathulal v. State of M.P, AIR 1966 SC 43: 1966 Cri LJ 71 - (AIR p. 45); Srinivas Mall Bairoliya v.
King-Emperor, AIR 1947 PC 135: 49 Bomb LR 688: (1947) 2 MLJ 328; Ravula Hariprasada Rao v.
State, 1951 SCR 322: AIR 1951 SC 204: 52 Cri LJ 768; Sarjoo Prasad v. State of U.P, (1961) 3 SCR
324: AIR 1961 SC 631: (1961) 1 Cri LJ 747.
normally assigned to physical identification. These provisions violated the proce-
dure established by law as they removed the armour of the Evidence Act under
sections 24, 25, 26 and 27, which have prohibited the admission of such evidence in
trial since the Act came into operation in 1872. Section 164(a) of the CrPC also
absolutely bans the recording of confessions by police officers even when they are
conferred with magisterial powers. The TADA also violated the clear command of
Article 20(3) of the constitution that no person accused of any offence shall be
compelled to be a witness against himself.
The police officers in India are known for their oppressive behaviour towards
suspects in their custody, and for compelling them under physical torture to make
self-incriminating avowals. The National Judicial Commissions fourth report notes
with concern the inclination of even some of the supervisory ranks to counte-
nance the practice in a bid to achieve quick results... Even well-meaning officers
are sometimes drawn towards third degree methods... Also, the Law
Commissions working paper on Custodial Crimes, states that the abuse of po-
lice power against detainees has become a concern for the international commu-
nity.
52
Thus, the conclusive evidence of custodial crimes that exists against the
Indian police and the expert findings on the psychology and consequences of
custodial interrogation categorically prohibit the powers that section 15 of TADA
bestowed on senior police officers from the rank of superintendent.
53
This sec-
tion of TADA also defiled the unanimous judicial verdict, not only from America
and Britain but also of the Supreme Court of India, that custodial disclosures are
anathema as evidence in criminal trial.
54
52
Quoted in Kartar Singh v. State of Punjab (1994) 3 SCC 569, paras 252 & 382.
53
Kumar Amarasekara, Confessions: Recent Developments in England and Australia, International
and Comparative Law Quarterly, Vol. 29, (1980), pp. 327-29; Edwin D. Driver, Confession and the
Social Psychology of Coercion, Harvard Law Review 42 (1968-69 Vol. 82), pp. 48-60; Arthur E.
Sutherland, Crime and Confession, Harvard Law Review (1965-66 Vol. 79) pp. 21-25, 32-41, 93-97;
Saul M. Kassin and Lawrence S. Wrightsman, Psychology of Evidence and Trial Procedure, pp. 78-80;
Rosemary Paternden, Should confessions be corroborated, Law Quarterly Review, Vol. 107, 1991,
pp. 318-19; A. A. S. Suckerman, Principles of Criminal Evidence, pp. 302-306.
54
Andrew R. Mallory v. USA, 354 US 449: 1 L Ed 2d 1479 (1957); Winston Massiah v. United States,
377 US 201: 12 L Ed 2d 246 (1964); William Malloy v. Patrick J. Hogan, 378 US 1: 12 L Ed 2d 653
(1964); William Murphy v. Waterfront Commission of New York Harbor, 378 US 52: 12 L Ed 2d 678
(1964); Ernesto A. Miranda v. State of Arizona, 384 US 436: 16 L Ed 2d 694 (1966); Edward v.
Arizona, 451 US 477 (1981); Arizona v. Robertson, 486 US 675 (1988); Periyaswami Mooppan v.
Emperor, ILR (1931) 54 Mad 75: AIR 1931 Mad 177: 32 Cri LJ 448; Pakala Narayan Swami v. King-
Emperor, 66 IA 66, 81: AIR 1939 PC 47: 40 Cri LJ 364; Nazir Ahmad v. King-Emperor, AIR 1936 PC
253: 37 Cri LJ 897; Bhuboni Sahu v. King, AIR 1949 PC 257: 76 IA 147: 50 Cri LJ 872; Palvinder
Kaur v. State of Punjab, 1953 SCR 94, 104: AIR 1952 SC 354: 1953 Cri LJ 154; M.P. Sharma v.
Satish Chandra, District Magistrate, Delhi, 1954 SCR 1077: AIR 1954 SC 300: 1954 Cri LJ 865; Ram
Chandra v. State of U. P., AIR 1957 SC 381, 386: 1957 Cri LJ 559; Tahsildar Singh v. State of U. P.,
AIR 1959 SC 1012: 1059 Supp 2 SCR 875: 1959 Cri LJ 1231; Raja Narayanlal Bansilal v. Maneck
Phiroz Mistry, (1961) 1 SCR 417: AIR 1961 SC 29: (1960) 30 Comp Cas 644; State of Bombay v.
Kathi Kalu Oghad, (1962) 3 SCR 10: AIR 1961 SC 180: (1961) 2 Cri LJ 856; Hari Charan Kurmi and
Jogia Hajam v. State of Bihar, (1964) 6 SCR 623: AIR 1964 SC 1184: (1964) 2 Cri LJ 344; Nandini
Satpathy v. P. L. Dani, (1978) 2 SCC 494: 1979 SCC (Cri) 155: AIR 1978 SC 1675; Sheela Barse v.
State of Maharashtra, (1983) 2 SCC 96: 1983 SCC (Cri) 353: AIR 1983 SC 378; Special Courts Bill,
1978, Re, (1979) 1 SCC 380: AIR 1979 SC 478, 518: (1979) 2 SCR 457; V. M. Ranga Rao v. State of
A. P., (1985) AP LJ 361; State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700: 1992 SCC (Cri)
705: JT (1992) 4 SC 73.
Reduced to Ashes 90
Sections 20(7), 20(4)(b) and 20(8) of TADA were tarnished by the same insu-
perable presumption of guilt at impeachment. Preclusion of anticipatory bail by
20(7) destroyed the protection offered by section 438 of the CrPC to the innocent
against the manifest abuse of police power. The protection under section 438
does not offer an unequivocal right; it only empowers the judiciary to exercise the
discretion of bail, conditional to the satisfaction that the availing person is neither
likely to abscond nor obstruct the investigations pending against him. Section
20(4)(b) of TADA allowed 60 days of police custody of an accused under interro-
gation, and one year of judicial remand without bail. The prosecution was given
this period to complete its investigations, and file the charge-sheet against the
accused for the trial before the designated court. In contrast, section 167(2) of the
CrPC permits an accused to be held in police custody for a maximum period of 15
days, and for 90 days in judicial custody, to allow the prosecution to complete its
investigations. The extended period of remand under TADA, which also plugged
bail, vitiated the doctrine of speedy trial, recited as the main objective justify-
ing the legislation. At the end of this period, even when the prosecution was un-
able to submit the charge-sheet, the accused was still effectively barred from the
benefit of bail under section 20(8) of TADA. This section required that no per-
son accused of an offence under TADA would be released on bail unless the
designated court was satisfied on reasonable grounds that he is not guilty of
such offence and that he is not likely to commit any offence while on bail. In the
absence of a charge-sheet, neither could the accused adduce the evidence of his
innocence, nor could the designated court authenticate his guiltlessness ahead of
the actual trial, let alone certify that he would not commit any offence while on
bail. Thus, section 20(8) ensured that no one accused under TADA, irrespective
of the span of time he may already have spent in custody as an undertrial, could
secure bail unless the prosecution was gratified to allow it.
The Courts Response
We will now present the Supreme Court of Indias reasoning in response to these
specific objections raised against TADA in its Kartar Singh v. Stateof Punjab
decision:
The provisions of TADA, aiming to provide for speedy trial of terrorist and
disruptive offences, were drastic because the normal procedures of criminal trial
were inadequate in fulfilling this objective. The stern stipulations of TADA were
inseparable from and necessary for reaching this legislative objective. The transfer
of the burden of proof to the accused, as well as other stringent provisions of TADA
such as the enhanced punishments, dispensation of the committal proceedings,
summary trial, in-camera proceedings of the court, trial in the absence of the
accused and his lawyer, admission of confessional evidence, etc., were all seen as
consistent with the main postulate of speedy trial, which derives from the Magna
Carta and the Sixth Amendment of the American Constitution. According to
the court, Parliament had the competence to enact laws whose procedures
deviated from, even overrode, the rules of trial in the Code of Criminal Procedure
and the Evidence Act. Stringency and harshness of such provisions was seen as a
matter of legislative wisdom, and the court could not question it if it was based on
a reasonable classification of offences and offenders for separate treatment.
55
Kartar Singh v. State of Punjab, (1994) 3 SCC 569, paras 4, 83, 84, 145, 159, 198, 224-244, 327. The
Supreme Court relied on the precedence of the following decisions: N. B. Khare v. State of Delhi, 1950
SCR 519: AIR 1950 SC 211: 1951 Cri LJ 550; Kathi Raning Rawat v. State of Saurashtra v. 1952 SCR
435: AIR 1952 SC 123: 1952 Cri LJ 805; Kedar Nath Bajoria v. State of W.B, 1954 SCR 30: AIR 1953
SC 404: 1953 Cri LJ 1621; State of Bombay v. R. M. D. Chamarbaugwala, 1957 SCR 874: AIR 1957
SC 699; Pannalal Binjraj v. Union of India, 1957 SCR 233: AIR 1957 SC 397: (1957) 31 ITR 565; Talib
Haji Hussain v. Madhukar P. Mondkar, 1958 SCR 1226: AIR 1958 SC 376: 1958 Cri LJ 701; Kangsari
Haldar v. State of W. B., (1960) 2 SCR 646: AIR 1960 SC 457: 1960 Cri LJ 654; A. K. Roy v. Union of
India (1982) 1 SC 271: 1982 SCC (Cri) 152: (1982) 2 SCR 272; State of W. B., v. Anwar Ali Sarkar,
1952 SCR 284: AIR 1952 SC 75: 1952 Cri LJ 510; Asbury Hospital v. Cass County, 90 L Ed 6: 326 US
207 (1945); Goesaert v.Cleary, 93 LEd 163: 335 US 464 (1948); Railway Express Agency v. New
York, 93 L Ed 533: 336 US 106 (1948).
56
Kartar Singh v. State of Punjab, ibid, paras 100, 110-111, 113-116, 125-134. The court relied on the
precedence of the following judgements: Sarjoo Prasad v. State of U.P., (1961) 3 SCR 324: AIR 1961
SC 631: (1961) 1 Cri LJ 747; Pukhraj v. D. R. Kohli, 1962 Supp 3 SCR 866: AIR 1962 SC 1559;
Nathulal v. State of M. P., AIR 1966 SC 43: 1966 Cri LJ 71; Y. S. Parmar v.Hira Singh Paul, 1959
Supp 1 SCR 123: AIR 1965 SC 722: (1965) 1 Cri LJ 641; State of Maharashtra v. Mayer Hans
George, (1965) 1 SCR 123: AIR 1965 SC 722: (1965) 1 Cri LJ 641; Jagdish Prasad v. State of W. B.,
(1972) 1 SCC 326: 1972 SCC (Cri) 63: (1972) 2 SCR 845; Collector of Customs v. Chetty Nathela
Sampathu, (1962) 3 SCR 786: AIR 1962 SC 316: (1962) 1 Cri LJ 364; Inder Sain v. State of Punjab,
(1973) 2 SCC 372: 1973 SCC (Cri) 813; South Asia Industries v. S. Sarup Singh, AIR 1966 SC 346,
348: (1966) 3 SCR 829: (1968) Pun LR 108(D); S. Narayanaswami v. G. Panneerselvam, (1972) 3
SCC 717: AIR 1972 SC 2284; Directorate of Enforcement v. Deepak Mahajan, (1994) 3 SCC 440: JT
(1994) 1 SC 290; Brand v. Wood, 62 TLR 462, 463; Sherras v. De Rutzen, (1895) 1 QB 918: 11 TLR
369; Nichollas v. Hall, LR (1873) 8 CP 322: 28 LT 473.
By fulfilling this criterion, TADA became unassailable on the ground of invidious
discrimination.
55
The exclusion of mens rea from the definition of abetment, according to
the Additional Solicitor General appearing for the state, aimed to fulfil the objects
of the Act in the period of escalated terrorism when it may not have been possible to
prove the intention while establishing the physical facts. This position was
seen as contrary to the established view that knowledge was an essential
ingredient of the offence. However, the court can and did go beyond the ordinary
grammatical meaning of the words to detect the actual intention of the legislature
and to decide whether the presumption of knowledge should be imported
into the definition of abetment, although it was verbally missing there. As the
substantive provisions of the Act required the intention of offence, it was logical to
assume that this ingredient of knowledge was silently implied also in the
definition of abetment. To remove the anomaly which crept in from the lexical
deficiency in the actual definition and this presumption of immanence, the court
directed that the actual knowledge or reason to believe on the part of a
person to be roped in with the aid of that definition should be read into it instead of
reading it down...
56
Regarding the admissibility of confessions recorded by senior police officials,
the Court was first inclined to expunge it for infringing the basic procedural safe-
guards in the criminal trial system. However, after examining the issue in the light
of legislative competence to alter the procedures of trial, the meaningful objectives
of the legislation, and the gravity of terrorism, the court felt convinced that the
impugned section cannot be said to be suffering from any vice of unconstitutional-
ity. The court cited the National Police Commissions fourth report from June
Reduced to Ashes 92
57
Kartar Singh v. State of Punjab, ibid, paras 225, 250-252, 253, 260, 263-265. The court cited the
following judgements to authenticate the section 15 of TADA: Gurbachan Singh v. State of Bombay,
1952 SCR 737: AIR 1952 SC 221: 1952 Cri LJ 1147; State of U.P. v. Durga Prasad, (1975) 3 SCC
210: 1974 SCC (Cri) 828: AIR 1974 SC 2136; Balkishan A. Devidayal v. State of Maharashtra, (1980)
4 SCC 600: 1981 SCC (Cri) 62: AIR 1981 SC 379; Ramesh Chandra Mehta v. State of W. B., (1969) 2
SCR 46: AIR 1970 SC 940: 1970 Cri LJ 863; Poolpandi v. Superintendent, Central Excise, (1992) 3
SCC 259: 1992 SCC (Cri) 620; Ekambaram v. State of T. N., 1972 MLW (Cri) 261.
1980, which makes an ardent plea for the removal of the existing ban on the entry
of confessional statements recorded by police officials into the area of judicial
proceedings. Of course, the court had frequently dealt with cases of police
atrocities. We remorsefully like to state that on few occasions even custodial deaths
caused during interrogation are brought to our notice. We are very much
distressed and deeply concerned about the oppressive behaviour and the most
degrading and despicable practice adopted by some of the police officers... But,
according to the court, the mere possibility of abuse was not a valid ground to
challenge the validity of a statute. Section 15 of TADA did not offend either Article
14 or Article 21 of the Constitution. However, the Court expected the police offi-
cials to follow its guidelines on recording confessions so that they were not tainted
with any vice.
57
The abolition of anticipatory bail by section 20(7) of TADA was seen as consis-
tent with the legislative mandate to rigorously quell the terrorist and disruptive
menace. The provision of anticipatory bail under section 438 of the CrPC was newly
introduced in 1973 at the recommendation of the 41st report of the Law Commis-
sion and, therefore, was not given the deference of established tradition. Likewise,
the extended period of pre-trial detention under section 20(4)(b) could not be at-
tacked on the ground that it discredited the doctrine of speedy trial. Terrorists and
saboteurs of the national sovereignty belonged to secret societies, and their activi-
ties covered large areas, both domestically and internationally. Investigation of their
crimes justifiably required longer periods and, as held by the American Supreme
Court in Beavers v. Haubert case The right of a speedy trial is necessarily relative.
It is consistent with delays and depends upon circumstances. It secures rights to a
defendant. It does not preclude the rights of public justice. Similarly, the conten-
tion that section 20(7) of TADA made it impossible for even the innocent to get bail
and, therefore, violated Articles 21 and 14 of the Constitution guaranteeing the
rights to life, liberty and equality before law, failed when compared to the terrorist
threat to the society. All deprivation of liberty was validated by social defence. The
Court was fettered by the wisdom of a competent legislature and it had no option
but to refuse bail unless it was prima facie established that the case did not fall
within the scope of TADA. The Supreme Court had, no doubt, come across many
cases where the prosecution unjustifiably invokes the provisions of TADA with an
oblique motive of depriving the accused persons from getting bail. But the Court
hoped that the public prosecutors would learn to act like prosecutors on behalf of
the public and not the police, and also the judges of the designated courts would
discharge their functions as the repositories of human rights enshrined in the
Constitution. Unless this happened, the Court warned, it cannot be said that the
provisions of TADA are enforced effectively in consonance with the legislative
58
Kartar Singh v. State of Punjab, ibid, paras 90, 319-320, 326-9, 341, 347 - 352. Citations: Beavers v.
Haubert, 198 US 77, 87: 49 L Ed 950, 954 (1905); Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2
SCC 565: 1980 SCC (Cri) 465: (1980) 3 SCR 383; Bimal Kaur Khalsa v. State of Punjab, AIR 1988
P&H 95: (1988) 93 Punj LR 189: 1988 Cri LJ 169; Usmanbhai Dawoodbhai Memon v. State of Gujarat,
(1988) 2 SCC 271: 1988 SCC (Cri) 318; State of Maharashtra v. Anand Chintaman Dighe, (1990) 1
SCC 397: 1990 SCC (Cri) 142.
59
Special Courts Bill, 1978, In re, (1979) 1 SCCC 380: (1979) 2 SCR 476 - (SCC p. 435, para 96)
intendment. Be that as it may, the conditions for the grant of bail imposed by
section 20(7) of TADA were constitutionally sound.
58
(II) Judicial independence
Arguments
The following provisions of TADA substantially undermined the principle of judi-
cial independence: [a] the powers vested in the executive to appoint judges for the
designated courts who could continue to serve even after attaining the age of super-
annuation, under section 9(4) and (8) of TADA; [b] The power to transfer any case
from one designated court to another, within or without the state, under section 11;
[c] The delegation of judicial functions to executive magistrates under sections 20(3)
and (4); and finally [d] The eradication of high courts jurisdiction over the desig-
nated courts under sections 19(1) and (2).
From the outset, judges are government appointees, with the chief justice of the
concerned high court only formally concurring. Designated judges of the special
courts continued to hold office after attaining the age of superannuation, at the
pleasure of the executive which could terminate their service when it liked. In ref-
erence to the Special Courts Bill, 1978, the Supreme Court had held that appoint-
ment of a retired high court judge to a special court, even if made in consultation
with the Chief Justice of India, was invalid because it fostered the pleasure doc-
trine, subversive to the independence of the judiciary.
59
The ratio decidendi of
this decision that the judicial service must be coterminous with the age of superan-
nuation was clearly violated by section 9(7) of TADA.
Under section 11(2) of TADA, the transfer of a case from one designated court
to any other designated court, within or without the state, was not a matter of judi-
cial but executive decision. The necessary concurrence of the Chief Justice of India
in the governments motion to transfer a case was only a formal requirement, a
statutory obligation to help an executive decision. Section 11(2) did not even give
the Chief Justice of India the power to hear the person affected by the executive
motion of transfer before giving or refusing his concurrence. Thus, section 11(2) of
TADA not only vitiated the principle of judicial independence, it also destroyed the
important rule of audi alteram partem, which means that a person who is going to
be affected by an order must have prior notice and an opportunity to be heard be-
fore it is enforced.
Sections 20(2), (3) and (4) of TADA surreptitiously imported executive
officers, appointed under sections 20 and 21 of the CrPC, to render important judi-
cial services to the prosecution at sensitive stages of the proceedings immediately
after arrest: To authorize periodical custody under interrogation and to record
Reduced to Ashes 94
60
V. M. Ranga Rao v. State of A. P., (1985) 3 APLJ 361.
61
Usmanbhai Dawoodbhai Memon v.State of Gujarat, (1988) 2 SCC 271: 1988 SCC (Cri) 318.
62
Special Courts Bill, 1978, (1979) 1 SCC 380: AIR 1979 SC 478, 518: (1979) 2 SCR 475 - SCC pp.
455-6, paras 151-4.
63
Kartar Singh v. State of Punjab, ibid, paras 165-168.
confessions under sections 164 and 167 of the Code of Criminal Procedure. Section
20 of the CrPC allows the government to appoint even police officers as special
executive magistrates to perform particular functions in particular areas for such
terms as it may think fit.
60
Thus, it is obvious that these provisions of TADA alto-
gether destroyed the scheme of separation of the judiciary from the executive, as
Article 50 of the Indian Constitution enunciates.
Finally, sections 19(1) and (2), read conjointly with sections 9, 11 and 12, abrogated
the high courts powers over the designated courts. These powers, under Articles 225,
226, 227 and 228 of the Constitution and sections 439 and 482 of the CrPC, are to make
rules, to regulate proceedings, to issue writs, to superintend the working of and to expro-
priate cases involving substantial questions of law pending before the subordinate courts,
to grant bail or to prevent abuse of judicial process in any court. Confirmed by the
Supreme Court in the Usmanbhai Dawoodbhai Memon v. State of Gujarat case this
eradication of the high courts powers in relation to the Designated Courts had the effect
of raising a quasi-judicial apparatus in the service of the executive, encroaching on and
destroying the hierarchy of courts in their independent sphere as envisaged by the Con-
stitution.
61
The high courts, although required to concur in the appointment of judges to
the designated courts, ceased to have any administrative or judicial supervision over
their subsequent conduct, whose judgements and orders could be challenged only be-
fore the Supreme Court. In reference to the Special Courts Bill, 1978, the Supreme
Court had held that the Constitution did not permit the establishment of a criminal court
that was not subordinate to the high court. The Supreme Court had said: It is not per-
missible for Parliament or a state legislature to ignore or bypass that scheme of the
Constitution by providing for the establishment of a civil or criminal court, parallel to a
high court in a state, or by way of an additional or extra or a second high court, or a court
other than a court subordinate to the high court. Any such attempt would be unconstitu-
tional and will strike at the independence of the judiciary which has so nobly been
enshrined in the Constitution and so carefully nursed over the years.
62
Application of
this decision should have certainly required that sections 9, 11, 12 and 19 of TADA be
repudiated as unconstitutional.
The Courts Response
Section 9(7), allowing the judges of the designated courts to continue in their posi-
tions after reaching the age of superannuation, did not offend any constitutional
provision. According to the Supreme Court, the reference to the Special Courts
Bill, 1978, was futile since the court had only overruled the proposal to nominate
already retired judges to preside over special courts. As TADA did not provide for
such appointments, there was no illegality involved. However, the Court recom-
mended that the judges appointed to designated courts should already have had
sufficient tenure of service so that their seniority was not in doubt and their continu-
ance after the age of superannuation was not remonstrated.
63
64
Kartar Singh, ibid, paras 173-191. The Court refered to the precedence of the following judgements:
Satya Vir Singh v. Union of India, (1985) 4 SCC 252: 1986 SCC (L&S); C. B. Gautam v. Union of
India, (1993) 1 SCC 78; R v. Cain, (1975) 2 All ER 850: (1975) 3 WLR 131.
The power of the government, under section 11(2) of TADA, to transfer a case
from one designated court to any other, within or without the state, was shielded by
the condition of obtaining the concurrence of the Chief Justice of India. This ab-
solved the governments orders from motivations of bias and mala fide. Of course,
the concurrence was not an order of transfer passed by the government. It was an
important statutory condition, an imperative, even when it did not adjudicate any
lis or determine any issue. Therefore, the principle of audi alteram partem did
not apply. Also, the application of this principle could paralyse or even frustrate the
nature of the action contemplated by the government. Consequently, Parliament in
its legislative competence had excluded the rule. However, in exceptional circum-
stances, the issue was open to examination by the Chief Justice of India, and he
could obtain the view of the accused.
64
Sections 20(2), (3) and (4) of TADA permitted the construction of reference to
metropolitan magistrate or judicial magistrate to include executive and special
executive magistrates, who could carry out committal proceedings, also record con-
fessions, whether or not they possessed jurisdiction in a case under investigation.
According to the Court, the argument that the inclusion of executive magistrates
and special executive magistrates in important judicial spheres destroyed the sepa-
ration of the judiciary, failed when examined against concrete legal positions. Sec-
tion 6 of the CrPC includes executive magistrates in one of the classes of criminal
courts. No doubt, judicial functions they perform are very few, and part 4(b) of
section 3 in the code seems to limit their work to matters of an administrative na-
ture. However, the code itself includes them in the performance of quasi-judicial
functions in investigating and preventing breaches of peace etc., under sections 107
to 110, and others. These functions are revisable in the sense of judicial proceed-
ings. It is true that the code does not associate special executive magistrates, by
their designation, with any of these functions. But it does say under section 21 that
they are appointed for a term that the government thinks fit for particular areas or
for the performance of particular functions. This means that they are by no means
persona non grata within the machinery of criminal adjudication. Therefore, their
inclusion by sections 20(2), (3) and (4) of TADA to perform committal proceed-
ings and to record confessions along with other judicial magistrates did not violate
the principles of criminal jurisprudence.
The second related question was whether the grant of judicial functions to these
magistrates vitiated the principle of separation of the judiciary from the executive
under Article 50 of the Constitution. The Supreme Court had repeatedly held that
executive magistrates, while they perform judicial functions, are judicial officers.
In Ram Jawaya Kapur v. State of Punjab, the Court held that while independence of
judiciary was sacrosanct, the Indian Constitution has not indeed recognised the
doctrine of separation of powers in its absolute rigidity... The executive was also
involved in departmental or subordinate legislation, as well as in judicial functions
in a limited way. Thus, the Court maintained that it followed that sections 20(2), (3)
and (4) offended neither Article 50 nor Articles 14 - equality before law - and 21 -
Reduced to Ashes 96
65
Kartar Singh v. State of Punjab, ibid, paras 302, 305, 306, 308, 310-317. The court relied on the
following citations: Subramaniam v. Commissioner of Police, AIR 1964 Mad 185: (1964) 1 Cri LJ 519;
Directorate of Enforcement v. Deepak Mahajan, (1994) 3 SCC 440: JT (1994) 1 SC 290; Statesman
(P) Ltd. v. H. R. Deb, (1968) 3 SCR 614: AIR 1968 SC 1495; Shree Hanuman Foundries v. H. R. Deb,
Matter No. 120 of 1961, decided on July 28, 1965; Shri Kumar Padma Prasad v. Union of India, (1992)
2 SCC 428: 1992 SCC (L&S) 56 (1992) 20 ATC 230; Chandra Mohan v. State of U.P., (1967) 1 SCR
77: AIR 1966 SC 1987; Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549: (1955) 2 SCR 225.
66
Kartar Singh v. State of Punjab, ibid, paras 291-297: Citations: Syed Qasim Razvi v. State of
Hyderabad, 1953 SCR 589: AIR 1953 SC 156: 1953 Cri LJ 862; V. C. Shukla v. State, 1980 Supp
SCC 249: 1980 SCC (Cri) 849: AIR 1980 SC 1382.
protection of life and personal liberty - of the Constitution. It would always be
desirable that judicial magistrates record confessions. But when there were compel-
ling reasons, the court found that the executive or special executive magistrates
could also do so.
65
Section 19 provided that the right of appeal against any judgment or order of
the designated court could only be exercised before the Supreme Court. Of course,
this provision took away the right of appeal to the succession of appellate and
revisional courts, which the CrPC provides, and also the right of appeal to the
Supreme Court on the grant of leave under Article 136 of the Constitution, both at
the remedial and procedural levels. The Court found that although the provision
affected the jurisdiction of the high court, it was in conformity with the doctrine
of speedy trial and did not suffer from constitutional invalidity. However, the
provision created inconveniences for persons acquitted by the designated courts
for offences under TADA, but convicted under other penal laws. Even in this
situation the aggrieved were denied the regular procedure of appeal, and the Su-
preme Court was beyond their reach, either because of financial constraints or
because they lived in far-flung areas. Therefore, if a person was acquitted of the
offences under TADA, he had to have the right of appeal before the next appel-
late court.
66
The question of high courts powers under Articles 226, 227 and sections 439,
482 was more intricate. Some of the high courts had taken the view that their
jurisdiction even in regard to cases under TADA could not be whittled down.
Apparently this view contradicted the manifest intention of Parliament to exclude
high courts jurisdiction in TADA matters. The vastness of powers which the
high courts enjoyed under Article 226 also imposed on them the responsibility to
exercise them with circumspection. The TADA was a special Act that aimed to
meet the challenges arising out of terrorism and disruption. It provided that an
appeal against any order of the designated courts had to lie only before the Su-
preme Court. According to the court, the high courts would defeat the clear intent
of Parliament if they exercised their powers under Article 226 to obstruct this
provision, or entertained bail applications under other provisions of the Constitu-
tion and the CrPC. It was, therefore, necessary that in relation to TADA matters,
the high courts exercised their powers under Article 226 most sparingly and only
in extreme circumstances: What those rare cases are and what would be the cir-
cumstances that would justify the entertaining of applications under Article 226
cannot be put in strait-jacket. However, we would like to emphasise and re-
emphasise that the judicial discipline and comity of courts require that the high
67
Kartar Singh v. State of Punjab, ibid, paras 354 - 357, 358 - 359. Citations: Rafiq Abid Patel v.
Inspector of Police, Thane, 1992 Cri LJ 394 (Bom); Writ Petition (Cri) No. 458 of 1991, decided on
April 25, 1991; Usmanbhai Dawoodbhai Memon v.State of Gujarat, (1988) 2 SCC 271: 1988 SCC (Cri)
318; State of Maharashtra v. Abdul Hamid Haji Mohammed, (1994) 2 SCC 664; Waryam Singh v.
Amarnath, 1954 SCR 565: AIR 1954 SC 215; State of Gujrat v. Vakhsinghji Sursinghji Vaghela, (1968)
3 SCR 692: AIR 1968 SC 1481; Ahmedabad Mfg. v. Ram Tahel Ramnand, (1972) 1 SCC 898; Mohd.
Yunus v. Mohd. Mustaqim, (1983) 4 SCC 566; Mani Nariman Daruwala v. Phiroz N. Bhatena, (1991) 3
SCC 141; Narcotics Control Bureau v. Kishan Lal, (1991) 1 SCC 705: 1991 SCC (Cri) 265.
courts should refrain from exercising their jurisdiction in entertaining bail
applications in respect of an accused indicted under the special Act.
67
(III) Fair Trial.
Arguments
The TADA used the dogma of speedy trial as an all-encompassing cover to destroy
the fundamental principles of fair trial. Apart from the power of the government to
transfer a case from one designated court to any other, within or without the state,
without giving the accused the opportunity to present his viewpoint, the following
provisions offended the fundamental principles of free and fair trial: (a) Section
14(5) allowed the designated courts to proceed with the trial even in the absence of
the accused or his pleader; (b) Provisions of section 16 allowed the designated
courts to hold the trial in camera, to suppress the identity of the witnesses against
the accused, and to prohibit the dissemination of the proceedings in any manner;
and (c) Section 8 permitted the attachment of the property belonging to an accused,
and its forfeiture, without encumbrances, at his conviction.
The Courts Response
According to the Supreme Court, there was no doubt that the impugned Act was
very harsh and contained many drastic provisions. They departed from the proce-
dures prescribed under normal laws in order to effectively deal with offenders in-
dulging in terrorist and disruptive activities. The Supreme Courts judgement in A.
K. Roy vs. Union of India had settled the issue that the right to public trial is not
one of the guaranteed rights under our Constitution as it is under the Sixth Amend-
ment of the American Constitution... Although trials were traditionally open, there
could not be any legal prohibition against holding them in camera under excep-
tional circumstances. The suppression of the identity of witnesses was necessary to
protect them from terrorist reprisals. This could indeed upset the right to cross-
examination, which could not be carried out without the identity of the witnesses.
However, the solicitor representing the state relied on several decisions of the court
to point out that that the right to cross-examine was neither absolute nor a constitu-
tional right. There was no constitutional or statutory constraint against the secrecy
of a witness, and the Supreme Court had upheld the non-disclosure of identity to be
permissible in extraordinary circumstances. In normal circumstances, names and
addresses of witness were disclosed before the commencement of the trial. Under
TADA, the court could decide not to disclose them, either on its own motion or on
the application made by a witness or the public prosecutor on his behalf.
Also, the Court maintained that the arguments against section 8 of TADA lacked
Reduced to Ashes 98
68
Kartar Singh v. State of Punjab, ibid, paras 145, 149-157, 266, 269, 275, 280-290. Citations: A. K.
Roy v. Union of India, (1982) 1 SCC 271: 1982 SCC (Cri) 152: (1982) 2 SCR 272; Vimal Kaur Khalsa
v. State of Punjab, AIR 1988 P&H 95: (1988) 93 Punj LR 189: 1988 Cri LJ 160; Gurbachan Singh v.
State of Bombay, 1952 SCR 737: AIR 1952 SC 221: 1952 Cri LJ 1147; Hira Nath Mishra v. Principal,
Rajendra Medical College, Ranchi, (1973) 1 SCC 805; Russell v. Duke of Norfolk, (1949) 1 All ER 109;
Byrne v. Kinematograph Renters Society, (1958) 2 All ER 579: (1958) 1 WLR 762; Gurbachan Singh
v. State of Bombay, 1952 SCR 737: AIR 1952 SC 221: 1952 Cri LJ 1147.
69
A. D. M., Jabalpur v. S. Shukla AIR 1976 Supreme Court 1207 (Ray C. J., para 29, Beg J. paras 248 &
250)
70
Maneka Gandhi v. Union of India, A. I. R. 1978 S. C. 597, Paras. 54-56-63.
71
D. D. Basu, Introduction to the Constitution of India, Seventeenth Edition, Prentice-Hall, p. 132.
merit. Discretionary powers of the designated court to attach the property of the
accused and to forfeit it after conviction, exercised under strict contingencies, could
not be challenged. Of course, forfeiture to government free from all encumbrances
could amount to unmerited punishment of third parties, with no connection to the
offence, who had legal rights in the property. However, the solicitor representing
the state contended that the third parties could always enforce their rights in the
property against the terrorists in the normal procedure.
68
Subordination of Fundamental Rights to the Will of the State
Such was the verdict of the Supreme Court that upheld TADA under its powers of
judicial review of legislation. In the process, the Court also invoked the doctrine of
Parliaments legislative competence to enact stern laws that departed from nor-
mal standards of justice to combat separatist threats to India. This position, first
formulated in A. K. Gopalan vs. State of Madras in 1950, had found its odious
culmination in A. D. M. Jabalpur v. S. Shukla in 1976, upholding the constitutional
amendments that legalized Indira Gandhis Emergency regime from June 1975 to
March 1977. Protecting the constitutional amendments during the Emergency that
abrogated all fundamental rights of citizens, then Chief Justice A. N. Ray had ruled:
Where the government believes the state to be threatened by traitorous conspira-
cies during times of grave emergencies, the rights of individuals of ordinary times
become subordinate to the considerations of the state. Justice M. H. Beg eluci-
dated: The will of the state, indicated in some form of expression, is the law, the
subject of jurisprudence, and no natural rule which may exist, forms a part of the
law unless identified with the will of the state so indicated. What the state wills is
the coterminous measure of law; no pre-existing rule is the measure of that will.
69
This view of legislative competence of Parliament was allegedly alleviated
by the affects of the forty-fourth amendment to the Constitution in 1978, following
the end of the Emergency, and by the ratio of Maneka Gandhi Vs. Union of India.
70
The 44th Amendment Act of 1978 provides that the suspension of fundamental
rights under any law or executive order in the situation of a proclaimed Emergency,
under Articles 358 and 359 of the Constitution, can be shielded only if the suspen-
sion is limited to the purpose of the Emergency through a clear recital. It also pro-
vides that the enforcement of the rights to life and personal liberty, guaranteed by
Article 21 of the Constitution, cannot be destroyed even in such a situation.
71
The Maneka Gandhi v. Union of India case, described as a landmark in the
72
Maneka Gandhi v. Union of India, A. I. R 1978 S. C. 597, Paras. 54-56, 63; Sunil Batra v. Delhi
Administration A. I. R. 1978 S. C. 1675, para. 228; Hussainara v. State of Bihar, A. I. R. 1979 S. C.
1360-1365; State of Maharastra v. Champalal, A. I. R. 1981, S. C. 1675-1677; Bachan Singh v. State
of Punjab, (1982) 3 SCC 24, para 83; Sher Singh v. State of Punjab, A. I. R. 1983 S. C. 465; Bandhua
Mukti Morcha v. Union of India, (1984) 3 SCC 161, 183-184 and Bandhua Mukti Morha v. Union of
India, (1991) 3 SCC 482; S. C. Legal Aid Committee v. State of Bihar, (1991) 3 SCC 482; State of
Maharashtra v. Ravikant S. Patil, (1991) 2 SCC 373; Unni Krishnan v. State of A. P., (1993) 1 SCC
645; Francis Coralie Mullin v. Administrator, Union Territory of India, (1981) 1 SCC 608; P. Rathiram v.
Union of India, (1994) 3 SCC 394.
73
Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625, 643, 675-679
74
The Times of India, 8 August 1994; I. S. Jaijee, Politics of Genocide, Chandigarh, 1995, pp. 135-137,
147
75
Government of India, Ministry of Home Affairs, Memorandum to the Full Commission of NHRC,
Annexure I, 19 December 1994.
juridical rehabilitation of the due process concept, imported the test of reason-
ableness and fairness to determine the validity of a law that deprives personal lib-
erty. According to this case the emphasis on the procedure established by law in
Article 21 of the Indian Constitution was now to be moderated by the position that
the law must also prescribe a procedure that is not arbitrary, unfair or unreasonable.
The case supposedly restored the necessary amplitude to the interpretation of the
rights to life and liberty by underscoring the variety of overlapping rights they
incorporate. It held that a substantive legal restriction on the rights to life and lib-
erty must not, as its inevitable corollary, infringe on other rights immanent to them.
Subsequent cases decided by the Supreme Court have echoed these principles.
72
In another important judgement, Minerva Mills Ltd. vs. Union of India, the Su-
preme Court pronounced that the Parliament could not claim unlimited powers to
amend the Constitution to the extent that it abrogates its basic features.
73
However, as we observed, these lofty positions on the primacy of fundamental
human rights guaranteed by the chapter-III of the Indian Constitution, had no effect
when the Supreme Court upheld the validity of TADA. The decision in Kartar
Singh Vs. the State of Punjab, in fact, pushed the doctrine of legislative compe-
tence beyond the position of A. D. M. Jabalpur Vs. S. Shukla into the turbid region
of the Pleasure Principle, permitting the Parliament to expunge individual liber-
ties and procedural safeguards guaranteed by the chapter III of the Constitution
even without the proclamation of an emergency. In other words, and as we shall
repeatedly see, the benefit of fundamental rights and the procedural safeguards of
the established law for politically suspect groups depended on the pleasure of the
Parliament, the judiciary and the executive.
This was the milieu of legislative and judicial approval, in which the security
forces in Punjab, throughout the period under scrutiny, were able to carry out their
anti-insurgency operations. And, by all available accounts, they were employing
the extraordinary powers made available to them under the new legislations like
TADA to the maximum possible extent. According to the National Human Rights
Commission (NHRC), the Punjab police registered 17,529 cases under TADA since
its promulgation in 1985 to the end of July 1994.
74
In October 1993, according to
the Union home ministry, the total number of detentions under TADA was 52,268.
According to the ministry, the conviction rate of those tried by designated courts
was 0.81 per cent. In Punjab, according to the same source, the conviction rate was
0.37 per cent.
75
On 24 August 1994, former minister of state for home Rajesh Pilot
Reduced to Ashes 100
76
SAHRDC, Human Rights Features, Defending the Indefensible: India does the POTA Act http://
www.hrdc.net/sahrdc/hrfchr58/Issue3.htm
77
Sitaram Yechury, Neither with Terrorists nor with POTO Peoples Democracy, Vol. XXV, No. 48, 02
December 2001 http://www.pd.cpim.org/2001/dec02/2002_dec02_poto_sry.htm
78
The Milli Gazette, 3 December 2002, http://www.milligazette.com?Archives/01-5-2002/
jk_tada_cases.htm.
79
Philip Woodruff, The Men who Ruled India, Vol. I. pp. 263-4. Jonathan Cape, London, 1954
disclosed that approximately 67,000 individuals had been detained since TADA
came into force. Out of these, only 8,000 were tried and only 725 were convicted.
Some 59,509 people had been detained with no case being brought against them.
The TADA Review Committee found that TADA was wrongly applied in more
than 50,000 cases.
76
According to Sitaram Yechuri, the general secretary of the
Communist Party of India (Marxist), Of the 76,036 people arrested by mid-1994,
nearly 99 per cent or 75,200 were at different stages of trial or had not been pro-
duced before any court at all.
77
In Jammu and Kashmir, where 20,000 arrests were
made since TADAs inception, not a single accused has been convicted to this day.
78
This failure of the security forces in Punjab to bring militants to book, in spite of
TADA and other draconian legislation, seemed clearly to be a result of their obses-
sion with extra-judicial activities to the negation of arduous and lustreless tasks of
regular police work.
PART THREE: PUNJAB POLICE
DEVELOPMENT AND REORGANIZATION
Origins of the Punjab Police
Violent crime is not new to Punjab. The minutes of British officials who served in
the state are full of references to their difficulties in handling the problem by the
book. But they rose to the challenge.
Sleeman and his team succeeded in eradicating the menace of thugee under
Governor-General William Bentinck between 1822 and 1840. It was a slow, labori-
ous and dangerous work. Instead of easily eliminating thugs without legal ceremony,
Sleeman and his team opted for the arduous way, compiling lists of the members of
each gang, building up accounts of the incidents, procuring witnesses, and collating
evidence that would stand judicial scrutiny against discrepancy. Their work bore
fruit. Between 1831 and 1837 more than 3,000 thugs were convicted. Hundreds of
them were hanged and thousands transported for life.
79
Sleemans successful example was followed up by his successor Charles Harvey
who took on the challenge of organized bands of dacoits and robbers in Punjab.
Once again, the Department of Thugee and Dakaaiti undertook laborious and sys-
tematic research in respect to every suspect and prepared individual files contain-
ing every piece of information right up to the date of his capture and final committal
for trial.
80
The experiences and the work of the department led to the 1879 forma-
tion of the special branch, with its headquarters at Shimla in Punjab, to collect
secret and political intelligence. All the modern intelligence organizations in India
and even in Britain have their roots in the work pioneered by this department. John
Paul Warburton, model for writer Rudyard Kiplings police character Strickland
and known as Indias greatest detective, was the superintendent of police in Ludhiana
in 1872.
81
The Punjab police, from the beginning of its organization under Henry Lawrence
in 1849 following the annexation of the Khalsa kingdom, had been a model of a
disciplined force that achieved extraordinary results in suppressing violent crime
and in bringing the ring-leaders of all gangs of robbers and murderers to justice
through meticulous research and an elaborate witness protection program. The re-
forms in the organization of the Punjab police, with the appointment of a lieutenant
of police at every district under the district magistrate and an inspector-general for
the whole province in 1860, was the model that the police commission of 1860
followed in reorganizing the police force throughout India.
82
The Punjab Police Administration Report, published in 1894, shows how good
leadership under Turton Smith, the first inspector-general of police (IGP), achieved
remarkable results in dealing with dacoity and natural calamities in an excep-
tionally difficult period as a result of famine, plague and frontier war. Punjab at
that time had a population of about 24 million people and an area of about 100,000
sq. miles, divided into 29 police districts with a force of 700 men under a DSP in
each district. The total police force in Punjab was 21,000 officers and men.
83
Commissioner of Amritsar division, E. A. Prinsep, created a system of main-
taining surveillance register of bad characters in 1861. Another district officer
posted at Jalandhar gave an elaborate description of the police campaign against
crime, based on careful selection of station house officers (SHO), cultivation of
reliable informers, and persuasion of villagers to testify. Gerald Savage worked
with the special cell to deal with organized crime: This meant living in rest
houses and never really gaining civilization for months on end.
84
The establishment of the Police Training School at Phillaur in Punjab in 1893,
for the education of inspectors and sub-inspectors, was the first serious attempt to
address the challenge of corruption and ignorance in the lower ranks of the police
force in the country. The school was a model of police education and training in
modern methods of crime investigation and prevention. This was the first police
school in the world to apply the theory of modus operandi, developed by Major
Atcherley, to solve crimes by paying close attention to individual methods
of criminals, by classifying, indexing and recording...immense number of facts
80
Charles Hervey, Some Records of Crime, p. 385, quoted in Percival Griffiths, The History of the Indian
Police, Ernest Benn, London and Allied Publishers, Bombay, 1971, pp. 135-6.
81
Percival Griffiths, The History of the Indian Police, Ernest Benn, London and Allied Publishers,
Bombay, 1971, pp. 136, 405.
82
A. Kumar, Punjab police through the Ages, Punjab Police Journal, Centenary number, p. 75; N. A.
Razvi, Our Police Heritage, p. 66-7, quoted in Percival Griffiths, Op. Cit. pp. 76-7.
83
Punjab Police Administration Report, 1894, p. 178 and G. H. R. Haklland, Punjab Patrol: Some
Memories of an Indian Police Officer, pp. 23-6, quoted in Percival Griffiths, Op. Cit, pp. 188-190.
84
IOL:R, London, Mss. Eur. D. 1065/1, F. 180/70, R. 161.
concerning individual criminals that enabled investigating officers to read per-
sonal idiosyncrasies of perpetrators of crimes. The investigators were taught to
catch perpetrators by studying the records and eliminating non-suspects. All of-
ficers were taught to develop crime maps, to prepare separate maps for each crime
and then to compile amalgamated charts showing localities that displayed a par-
ticular modus operandi. All these techniques were improvements on the methods
developed by Sleeman and his team.
85
All new assistant superintendents of police,
inspectors and sub-inspectors were required to master the criminal law, the Punjab
police rules and a number of special and local laws. The school also housed a pro-
vincial finger print bureau. The path-breaking research on the ridge patterns of
fingers and their uniqueness had been developed by William Herschel, a sub-divi-
sional civil service officer in Murshidabad district of Bengal in 1853 and had been
improved on by Francis Galton, a scientist in England. The system of digital classi-
fication of fingerprints and of communicating the classifications through a tele-
graphic code were perfected by the team of sub-inspectors Aziz ul-Haque and Hem
Chandra Bose under the guidance of Edward Richard Henry, IGP in Lower Bengal
in the period from 1891 to 1899. In that year, the Indian Evidence Act was amended
to include the evidence of fingerprints into the criminal trial system.
86
The Police
Training School at Phillaur took the lead in the world in imparting the education of
the system to police officials involved in criminal investigations. All probationers
at the school had to take a course in the science of finger prints, learn how to make
casts of footprints and also pass an examination in medical jurisprudence. Another
Punjab police officer F. H. Du Heaume pioneered researches in ballistic science
and developed the system to study striations caused on bullets by specific firearms.
The research had the same consequence for the identification of a firearm used in a
crime as the fingerprint established the identification of the person who pulled the
trigger. The Punjab police officials, trained in Phillaur, later discovered the use of
ultra-violet radiation and fluorescence to capture finger prints from sticky surfaces.
87
Savage Transformations:
Allegations of Undercover Operations
It is unfortunate that a police force brought up in this tradition of training, organiza-
tion and discipline should have been transformed into a savage body of lawless
personnel who would emulate the aptitude for drama of their leaders like K. P. S.
Gill and give short shrift to the basic principles of investigation, certainty of facts
and cooperation with the local community. As the result, Punjab in the beginning of
the insurgency became a stage for the vainglorious bravado and adventurous ex-
periments of its senior police officials. In the end, while British officers in the Vic-
torian times could prosecute and try, their corrupted offspring reared by men like
Gill could only catch and kill.
85
W. A. Gayer, The Detection of Burglary in India, pp. 315-7; quoted in Percival Griffiths, Op. Cit.,
pp.313-4.
86
Percival Griffiths, Op. Cit., pp. 334-6.
87
Ibid, pp. 337-9.
The Punjab police officials are also reported to have carried out clandestine
operations, including orchestration of sensational terrorist crimes, to manipulate
public opinion in favour of repressive measures at home and to undermine interna-
tional attention on reports of human rights abuses in Punjab.
A Canadian newspaper, the Globe and Mail, carried an investigative report claim-
ing that Indian government agents were responsible for the bombing of an Air India
jet in June 1985 that killed 329 people aboard. The objective of the bombing, ac-
cording to the report, was to discredit the separatist movement in Punjab as a terror-
ist movement, and to destroy the basis of sympathy for its protagonists in the west-
ern countries. The writer of this investigative report later collaborated with another
journalist to publish a book that claimed to unravel the intelligence operations of
the Indian government leading to the bombing of the plane.
88
Another exclusive report carried by The Observer of London in its 24 April
1988 issue claimed that Indias external intelligence outfit, the Research and Analysis
Wing (RAW), was involved in smuggling arms, including rocket-launchers, from
Afghanistan with a view to stage-manage terrorist incidents in Punjab.
According to the story by Dhiren Bhagat, who also wrote for the Indian Post
published from Bombay, customs officials at the airport in New Delhi were startled
on 19 November 1987 when some bullets rolled out of a hamper that had arrived on
an Indian Airlines flight from Kabul. It belonged to a large consignment of 23
boxes, isolated and X-rayed under the supervision of a deputy commissioner of
police, specially called to take part in the investigation. The boxes, addressed to the
director general of communications at New Delhi, contained sophisticated arms,
including rocket launchers and their ammunition.
The airport officials, convinced that they had discovered a big cache of contra-
band weapons, were in the process of making an inventory of the contents, when a
man in civilian clothes turned up to identify himself as an operative of the RAW.
He claimed the consignment as the governments property and went away with all
the boxes.
Dhiren Bhagat found out that there was no post of director general in the
Indian ministry of communications. Bhagat contacted the cabinet secretary to the
Government of India, formally in charge of the RAW, for an explanation. But the
civil servant did not know anything about it. Sometime later, a Delhi newspaper
carried a story claiming that the militants in Punjab were now armed with rocket
launchers. According to Dhiren Bhagat, the story had been planted by the intelli-
gence organization.
On 21 March 1988, the Indian media sensationally reported the first militant
attack against a paramilitary camp in Punjab in which rocket-launchers had
been used. No one had been killed in the incident which, however, received
sensational publicity. The press coverage helped the government rush through a
constitutional amendment in the Parliament, permitting the imposition of a state of
emergency in Punjab and selective abrogation of the rights to life and liberty of
its people. Dhiren Bhagats story suggested that the rockets had been fired by the
88
India-West, 29 November 1985, Indian Agents Implicated in Air-India Crash; Zuhair Kashmeri and
Brian McAndrew, Soft Target, James Lorimer & Company, ISBN 1-55028-221-2.
government-sponsored agents provocateurs with the intention to whip up anti-Sikh
hysteria in the country.
89
Others involved in the Punjab scene made equally disturbing allegations against
the high officials in the government. One prominent person to make such an allega-
tion was Acharya Sushil Muni, a Jain monk, who had been holding talks with the
Sikh religious leaders and militant organizations for a solution to the Punjab prob-
lem. Sushil Muni gave an interview to the fortnightly magazine India Today about
his peace mission, which he claimed had the personal backing of Rajiv Gandhi. The
interview was published on 30 April 1988. Sushil Muni claimed that he had suc-
ceeded in persuading the militants to sign an accord of peace and to lay down arms
following an official declaration of amnesty. But the government backed out of the
commitment. Sushil Muni alleged that those within the establishment who stand to
gain by keeping Punjab on the brink of terrorism scuttled the peace process.
He also accused the vested interests of arranging the murder of T. S. Riyasati,
a former minister who had been helping him in building a rapport with the discon-
tented groups. He posed the question: Who could be responsible for acts of vio-
lence when the major extremist organizations were all condemning them? Sushil
Muni added: You must notice that during the earlier terrorist killings there was no
TV coverage. But look how quickly the TV crews now reach the scene of a massa-
cre and telecast them in detail all over India. Darshan Singh Ragi, then the reli-
gious head of the Sikh community, also made similar allegations.
90
More startling revelations came from Sampat Singh, home minister of Haryana,
the only state in northern India ruled by a non-Congress party since December
1987. Speaking to the Press on 25 April 1989, the home minister claimed evidence
showing that the Union home minister and the agricultural minister patronized some
groups of killers in Punjab. He promised to furnish complete evidence if the Prime
Minister cared to institute an inquiry. Rajinder Puri, a well-known columnist, made
similar allegations and also suggesting that the Indian intelligence organizations
were themselves patronizing rabid elements to discredit the Sikh movement.
91
Police Vigilante Outfits
My own research on Punjab in that period suggested that the state agencies were
creating vigilante outfits in order to infiltrate the Sikh radical movement and gener-
ate a climate of moral revulsion by engineering heinous crimes which they then
attributed to armed Sikh groups. I had a discussion on the subject with Bhan Singh,
the secretary of the Shiromani Gurudwara Prabandhak Committee (SGPC) who
had managed the affairs of that once powerful Sikh religious organization for over
a decade. Bhan Singh himself was killed, reportedly by separatist militants on 25
July 1988, a week after I recorded my interview with him.
Following the Army action against the Golden Temple in June 1984, Bhan Singh
89
The Observer, Sunday 24 April 1988, Rajivs spies smuggle arms, by Dhiren Bhagat, p. 25.
90
India Abroad, 6 May 1988, Meeting on Punjab Solves Nothing, by Tarun Basu; Indian Express,
Bombay, 28 January 1988, Killings part of conspiracy: Ragi.
91
The Sunday Observer, 16 November1986, The enemy within, by Rajinder Puri.
had worked to organize legal support for people arrested from the temple complex
and held in a Rajasthan jail without trial. Bhan Singh had his office inside the Golden
Temple complex and was able to closely observe the developments inside the shrine.
He believed that just as Bhindranwale, in his initial days, had been encouraged by
the Congress party, so also the Congress government in Delhi was condoning the
new breed of militants entrenched inside the Golden Temple with a view to weak-
ening the Akali Dals political base. He argued that the security around the Golden
Temple was so tight that no one could possibly smuggle in weapons without offi-
cial complicity. I asked him if in his opinion all the Sikh groups advocating armed
struggle were officially sponsored. Bhan Singh said:
Genuine militants are not entrenched within the Golden Temple. They dont
lurk behind its sanctity to save their skins temporarily while inviting its repeated
desecration by the security forces. They fight their battles out in the open.
Asked if the government agencies were responsible for all the heinous crimes
attributed to the separatist militants, Bhan Singh said there must be just as many
anti-social elements involved in crime as there had been before the start of the
political crisis. There was enough evidence to show that the people who committed
crimes attributed to militant separatists were putting on the Sikh attire including the
turban, to give the Sikhs a bad image.
92
And the government was manipulating the
media to attribute all crimes to separatist militants. This generated a public reaction,
helpful in denying justice to the Sikhs.
Kripal Singh, a member of Parliament from Amritsar for many terms and the
president of the Chief Khalsa Dewan,
93
corroborated these views. Kripal Singh told
me that the government agencies had been creating many armed vigilante groups
out of anti-social riff-raff, so as to infiltrate and neutralize genuine militant outfits.
The outrages they committed were routinely blamed on the separatist groups.
Gurdayal Singh, who had retired as the IGP, Punjab in April 1966, provided the
clinching evidence. He was Lahores superintendent of police before Indias Parti-
tion in 1947. As the deputy inspector-general (DIG)(intelligence) from 1952 to
1956 he had closely followed the movement for the creation of a Punjabi speaking
state. One of his main tasks was to neutralize the Communist insurgency led by
Teja Singh Swatantra in parts of Punjab, between 1950 and 1960.
Since he had a reputation as an officer who had successfully handled many
explosive situations, the rulers of Punjab consulted him on how to deal with the
separatist violence. Governor of Punjab Sidhartha Shankar Ray and his police chief
Julio Ribeiro deliberated with him on their plans to create armed groups that would
take on the militant menace without involving the state apparatus directly. Gurdayal
Singh advised them not to pursue these plans. In his opinion, the unscrupulous
elements would take advantage of official patronage to pursue their own criminal
ends.
94
Apparently, Ray and Ribeiro went ahead with their undercover operations,
92
In one incident of bank robbery, the criminals forgot to take along turbans they had used in a stolen
taxi, which they had to abandon. The Tribune, November 11, 1983, Stolen taxi used in dacoity.
93
Chief Khalsa Dewan is a prestigious Sikh cultural organization from the days of Sikh renaissance in
early 20th century.
94
Ram Narayan Kumar & Georg Sieberer, ibid, pp. 277-282.
using informers and infiltrators from the underworld. Ribeiro concedes this in his
book Bullet for Bullet, which he authored after his retirement.
95
Ribeiro himself is
known to have publicly first propounded the policy of bullet for bullet, as re-
ported in the Hindustan Times dated 11 April 1986. Ribeiro later claimed that Arun
Nehru, then Union minister of state for internal security, had planted the story at-
tributing the statement of policy to him. Be that as it may, the dismissal of Surjit
Singh Barnalas government in October 1987 was preceded by a significant public
exchange in which the Akali ministers accused Ribeiro of upholding an extra-judi-
cial approach in handling the separatist militancy. Ribeiro accused them of offering
support to the Sikh militants.
96
In his book, Ribeiro writes about the undercover operations with an extraordi-
nary candor: In Punjab there were some persons with criminal propensities, who
were known to police officers at various levels. They were approached and a few of
them agreed to form groups which would move in the guise of terrorists and con-
front the real militants in their dens The police did give them financial and logis-
tical support, but their demands grew to an extent where it was impossible to satisfy
them within our resources. Besides, they were very greedy people, with a criminal
tendency, who began to prey on law-abiding, rich citizens on the assumption that
the police were indebted to them and so would do nothing to stop them.
97
One such man, recommended to Ribeiro by Gur Iqbal Singh Bhullar, a senior
police officer, was a smuggler who had once been a police constable. He was rein-
stated and located in Patiala to search out and neutralize dreaded militants, with the
permission to use force. Once he drove into Ribeiros official residence in Chandigarh
to escape a police chase after he shot down two supposed militants whom he had
located at a bus stand on a main road in the city. Ribeiro later found out that this
operative, along with the policemen who constituted his squad, had been commit-
ting robberies, not only in Punjab but also in the neighboring states. Rebeiro wanted
to weed him out of the counter-insurgency setup. But before he could do anything,
the operative was reportedly killed after he shot Patialas senior superintendent of
police (SSP) and his subordinate in their own office.
98
In his book, Ribeiro mentions several other undercover operations, planned by
Amritsars SSP Izhar Alam and other senior officers of the Punjab police. The book
also narrates how K.P.S Gill, then IG Central Reserve Police Force (CRPF), thwarted
Ribeiros attempts to discipline the policemen who committed atrocities, by per-
suading the Union home ministry not to sanction their prosecution.
99
The book also
narrates how Gill replaced Ribeiro as Punjabs police chief by persuading the gov-
ernment that a harder line of action was required to put down the terrorists.
100
95
Julio Ribeiro, Bullet for Bullet: My Life as a Police Officer, Penguin Books, ND,1998.
96
The Tribune, 1 April 1986, Barnala on the right track; 21 July 1986, The hardcore identified; 30
July 1986, PM for free hand to police: Help promised to Barnala; 18 August 1986, Police given six
months to finish terrorist: Police wants more powers; 12 February 1987, BSF pins hopes on
operation bird; 5 October 1986, Dal[B] leaders praise assailants of PM, Ribeiro.
97
Ibid, p. 349.
98
Ibid, pp. 350-352.
99
Ibid, p. 310.
100
Ibid, p. 329.
Gurdev Singh Kaunke
An example of the mindless monstrosity, which K. P. S. Gills hard-line eventually
became, follows:
In May 1998, the Committee for Coordination on Disappearances in Punjab
(CCDP) investigated the enforced disappearance of Gurdev Singh Kaunke, former
acting head priest of the Akal Takht, following his 25 December 1992 arrest from
his home in Kaunke village under Jagraon subdivision of Ludhiana district. The
police authorities later claimed that Gurdev Singh Kaunke escaped from their cus-
tody on 2 January 1993. The claim was widely condemned as false. Prakash Singh
Badal, then leader of the Akali Dal who became the chief minister of Punjab in
early 1997, publicly accused the Congress government of the state of mastermind-
ing Kaunkes abduction and disappearance, and demanded a high powered judicial
inquiry. Badal was arrested while attempting to visit the bereaved family of Gurdev
Singh Kaunke at their village on 5 January 1992.
The CCDP was able to acquire conclusive evidence to show that Gurdev Singh
was inhumanly tortured first at the Sadar police station of Jagraon and then at the
Criminal Investigation Agency (CIA) interrogation center from 25 December 1992
to 1 January 1993. The Committee also acquired irrefutable evidence to establish
that the former head priest was killed under torture.
101
On 5 June 1998, a delegation of the committee members met chief minister
Prakash Singh Badal to acquaint him with its findings and to demand the registra-
tion of a case, an independent official investigation and prosecution of the culprits.
The delegation included former Supreme Court judge Kuldip Singh. The chief min-
ister directed an official inquiry to be conducted by B. P. Tiwari, additional director
general of police, Punjab.
102
Police Quotas for Murders: Interview with an SSP
In the course of investigating the case of Gurdev Singh Kaunke, three committee
members were able to secretly tape record their conversation with a senior superin-
tendent of police, which disclosed how Gurdev Singh was actually killed under
torture. The interview also revealed the banal world of torture and murder that, in
the name of counter-insurgency, had become a routine for a set of police officers to
obtain good, powerful positions. We are not releasing the full transcript of the dis-
cussion out of respect for an honest officer who risked his career in telling us the
truth. The SSP told us the following about what used to happen in the days before
the SSPs periodic meetings with DGP K.P.S. Gill: You can check that up! Before
such a meeting with Gill, 300 to 400 Sikhs used to die in Punjab. Every SSP had to
report: I have killed 14. The other who said I have killed 28 was appreciated more.
The third SSP who had to outsmart the first two had to report 31. The night before
101
The Financial Express, Chandigarh, 20 May 1998, Kaunke was tortured to death by police http://
www.financialexpress.com/ie/daily/19980520/14051484.html
102
The Committee for Coordination on Disappearances in Punjab, A Memorandum to the Chief Minister
of Punjab, 5 June 1998 http://www.geocities.com/Athens/Foorum/2088/r_memo04.htm
-
the meeting with Gill, the Sikhs used to die so that the SSPs could vie with each
other in showing their anti-terrorist achievements.
The B. P. Tiwari Inquiry Committee submitted its report to the government in
the first week of May 1999. But the government chose to withhold the report from
the public and took no action on its recommendations. In April 2002, Simranjit
Singh Mann moved the High Court of Punjab and Haryana for directions to the
state of Punjab to make the report public. The high court issued notice, and the state
government demanded two months time to examine the report. In the end, the state
government declined to produce the report and the high court ordered another in-
vestigation, which is still pending.
103
These pending inquiries belong to the Kafkaesque bureaucracy of denial, diver-
sion and cover-up, and seem to be stock-in-trade of the politics of impunity in
India. Upendra Baxis following words sum up the reality: Management of orga-
nized political violence requires multifarious use of the law as a sustained device
of cover-up strategies and operations. What actually happened ought never to be
allowed to achieve juridical verification. Judicial commissions of enquiry must be
so constituted as to serve as weapons of political warfare; if at all these establish
prima facie facts of political violence, they must do so in ways that make rights,
redress and rehabilitation almost impossible Investigative agencies should not
have autonomous status that allows them to establish the truth of what happened. If
appellate courts, especially the Supreme Court, were to investigate matters in ways
profoundly subversive of the operative violent multi-party consensus, all efforts
must be made to render futile these occasional adjudicative leadership feats. Politi-
cally patronized leaders of the Bar, including Advocate Generals, the Solicitor Gen-
eral, and even the Attorney General of India, should be effectively mobilized to
subserve truth-monopolization.
104
PART FOUR: PEOPLES COMMISSION AND NHRC
The Peoples Commission and the Clamour for its Ban
On 26 April 1998, the Committee for Coordination on Disappearances in Punjab
(CCDP) announced the formation of a panel of three judges to constitute a peoples
commission on human rights violations in Punjab when it became sufficiently clear
that the Akali Dals government in the state had no intention of keeping its electoral
pledge to constitute a truth commission. The peoples commission was headed by
D. S. Tewatia, former Chief Justice of the Calcutta High Court, with H. Suresh and
Jaspal Singh, retired judges of Bombay and Delhi High Courts, as the other mem-
bers. The following terms of reference set the framework for the commissions
investigations:
103
The Tribune, 5 August 2002, Home Secretary pulled up in Kaunke Case.
104
Upendra Baxi, Seminar, 513, May 2002, Society Under Siege, Notes on Holocaustian Politics,
http://www.india-seminar.com/2002/513/513%20upendra%20baxi.htm
The commission would examine the complaints of illegal abductions, custodial
torture, enforced disappearances, summary executions and illegal cremations,
and to give its findings on: (a) whether from 1979 to 1997 the agencies of the
state carried out or tolerated directly or indirectly any of the above men-
tioned atrocities and thereby committed any violations of human rights as guar-
anteed under the Constitution of India and various international covenants and
declarations; (b) Whether the state agencies/ individuals have prima facie com-
mitted any offense under the law of the land or international law; (c) The com-
mission would further suggest remedies available to the victims of the afore-
mentioned atrocities including their entitlement to compensation from the state
and its agencies.
The security forces in Punjab were equipped with extraordinary powers to meet
the law and order situation, in particular arising out of the alleged militant
activities. Draconian powers were given to the investigating agencies to pros-
ecute the individuals and the groups suspected to be engaged in violence. The
commission would go into the causes and the reasons for the utter failure of the
state and its agencies in the performance of their duties as required under the
rule of law.
The CCDP received a total of 524 complaints, but only 422 were found to be
complete and admissible by the commissions terms of reference. These 422 peti-
tions showed 573 complaints of human rights violations. Their break-down by the
nature of complaints is:
Two complaints of torture showed that their victims died shortly after their re-
lease from the illegal police custody. One complaint said that the victim committed
suicide soon after his release.
Eight complaints of illegal detention showed that the police officials demanded
ransom of amounts ranging from Rs. 12,000 to Rs. 1,60,000 from the family
members of the victims. All the victims were released after their relatives paid
the ransom.
Eight complaints of enforced disappearances and arbitrary executions showed
that the police officials demanded ransom of amounts ranging from Rs. 30,000 to
Rs. 1,000,000. Relatives of four illegally detained persons paid amounts
varying from Rs. 30,000 to Rs. 362,000. The police killed the detainees
nevertheless. In four other cases, relatives were unable to raise the money
Enforced Disappearances 230
Arbitrary Executions 188
Torture in police custody 102
Illegal detention by the police 48
Killings by militants 4
Injuries inflicted by militants 1
105
India Today, 21 September 98, Punjab: Invoking the Past, by Ramesh Vinayak -
http://www.india-today.com/itoday/21091998/punjab.html; The Indian Express, 8 September 1998,
BJP scuttled Peoples Commission; The Tribune, 30 September 1998, Pleas on Peoples Commission
allowed; Congressional Record, Dan Burton in the House of Representatives, September 15, 1998
Punjab Peoples Commission must be preserved, http://www.fas.org/irp/congress/1998_cr/s980915-
punjab.htm
Civil Writ Petition No.l 14133 of 1998 Sudershan Goel Vs. The Union of India and others
Civil Writ Petition No. 16608 of 1998 Jatinder Pannu Vs. Union of India and others
Civil Writ Petition No. 17121 of 1998 Mohan Singh and others Vs. Union of India and others
106
The Tribune, September 27, 1998, Terrorism will be next millenniums problem.
and the detainees were killed.
The peoples commission held its first public hearing at Chandigarh from Au-
gust 8 to 10, 1998. Thousands of people from all over Punjab gathered before the
commission to witness the proceedings. The administration had done everything to
frustrate the sitting. The guest house that had initially been selected as a venue and
had been booked, cancelled the reservation at the last moment. Other large build-
ings too refused to lend their spaces on the ground that higher authorities had to
decide the matter. Finally, the commission had to sit in a gurudwara. In spite of the
venue change, victims from all over Punjab thronged to file their complaints before
the peoples commission.
The successful sitting of the peoples commission generated hysterical reac-
tions and several political parties, including the BJP, the Congress and the Com-
munist Party of India, as also other individuals connected with the Establishment,
demanded its ban. The chief of the Punjab police himself said that to let this
illegal panel function will vitiate the atmosphere and affect police morale. The
chief secretary of the state government said: Police officers cannot be exposed
to a private commission that has no legal sanction or locus standi. Soon, a local
lawyer, Sudershan Goel, and several others filed petitions before the Punjab
and Haryana High Court seeking a ban on the commissions proceedings. The
petitions had clearly been filed with the blessings of the police and the political
establishment.
105
Political and Legal Arguments For and Against the Ban
The propaganda against the peoples commission projected those responsible for
unspeakable violations of human rights as warriors, soldiers of a war for the preser-
vation of Indias unity. It also denigrated the human rights organisations as allies of
Indias enemies.
106
The absurdity of the petition to ban the peoples commission was epitomized by
the fact that it invoked Article 226 of the Constitution. This article gives the high
courts wide powers to reach injustice wherever it is found, especially for the en-
forcement of fundamental rights. Before invoking Article 226 for any writ, it is
necessary to show the real or imminent infringement of a vested right. Although the
petitioner claimed to represent the sentiments of millions of citizens of India, he
had not shown how the peoples commission was infringing a right vested either in
himself or in any other group of people he represented. In that event, no writ can
issue. This is the law under a plethora of rulings. But the high court still admitted
the petition.
107
The aims and objectives of the peoples commission derived legitimacy from
the constitutional guarantees that are sacrosanct and can only be curtailed under the
law, on the establishment that their exercise aimed at undermining the security of
the state or overthrowing it. These conditions are enumerated in Article 19(2) of the
Constitution and are matters of assessment by authorities who are, under the law,
designated with the powers to do so. Intervention of social activists and their orga-
nizations in matters involving the rights to life and liberty are judicially recognized
principles. This recognition of their role synchronizes with the governmental obli-
gation to respect and facilitate their right to information, association and the free-
dom of specch.
108
In a judgment evoking the freedom of expression, the Supreme Court has ruled
that the freedom of expression means the right to express ones opinion by words
of mouth, writing, printing, picture or in any other manner. It would thus include
the freedom of communication and the right to propagate or publish opinion. Quot-
ing Walter Lippmann, the judgment further says: When men act on the principle
of intelligence, they go out to find the facts When they ignore it, they go inside
themselves and find out what is there. They elaborate their prejudice instead of
increasing their knowledge. Again, the state cannot prevent open discussion and
open expression, however hateful to its policies. The judgment further explained
that: freedom of expression cannot be suppressed on account of threat of dem-
onstration and processions or threats of violence. That would tantamount to nega-
tion of the rule of law and surrender to blackmail and intimidation. It is the duty of
the state to protect the freedom of expression since it is a liberty guaranteed against
the state. The state cannot plead its inability to handle the hostile audience problem.
It is its obligatory duty to prevent it and protect the freedom of expression.
109
In another judgment, the court has declared: It is our firm belief, nay, a convic-
tion which constitutes one of the basic values of a free society to which we are
wedded under our Constitution, that there must be freedom not only for the thought
that we cherish, but also for the thought that we hate.
110
The Supreme Court and the high courts of several provinces in India have also
recognized the right of social organizations and individuals to intervene in matters
involving life and liberty of citizens. These judgments said that such activists and
107
Rex Vs. Electricity Commissioners, 1924-1 KB 171, Rex vs. London County Council, 1931-2 KB 215,
Province of Bombay v. Khushaldas S. Advani, 1950 SCR 621: AIR 1950 SC 222, Radeshyam Khare
Vs. The State of Madhya Pradesh (AIR 1959 Supreme Court 107 (V 46 19) (page 116), Dwarka Nath
Vs. Income tax Officer, AIR 1966 Supreme Court 81 (V 53 C 22), AIR 1950 SC 222,T. C. Basappa v.
Nagappa, 1955-1 SCR 250: AIR 1954 SC 440; Irani vs. State of Madras, 1962(2) SCR 169: AIR 1961
SC 1731) and Dwarka Nath Vs. Income tax Officer AIR 1966 Supreme Court 81 (V 53 C 22), Shri
Anadi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust Vs. V.
R. Rudani ( AIR 1989 Supreme Court 1607), Executive Committee of Vaish Degree College, Shami
Vs. Lakshmi Narain (1976) 2 SCR 1006: AIR 1976 SC 888) and Deepak Kumar Biswas Vs. Director of
Public Instruction (1987 2 Scc 252).
108
Romesh Thappar Vs. State of Madras, 1950 SCR 594: AIR 1950 SC 124: 51 Cri. LJ 1514, para 10.
109
Rangarajan Vs. P. Jagjivan Ram 1989 (2) SCC 574.
110
Naraindas Indurkhya vs. State of Madhya Pradesh (1974 4 SCC 788: 1974 SCC (Cri) 816, para 23:
(1974) 3 SCR 650
111
Bandhua Mukti Morcha (1984) (3) SCC 161, Sheela Barse vs. Union of India AIR 1988 Supreme
Court 2211
organizations were entitled to collect information and to call for the protection of
the state in doing so.
111
India has a long tradition of peoples commissions and citizens tribunals that
have investigated and reported on human rights violations by state forces and gen-
erally influenced perspectives on governance, socio-political and economic justice.
The tradition was firmly established by M. K. Gandhi in 1919 when the British
government used brutal methods in Punjab to put down a virulent agitation against
the curtailment of civil liberties under the Rowlatt Act. The agitation itself is recog-
nized as major landmark in the history of Indias freedom struggle. Under Gandhis
instructions, the Indian National Congress had set up a commission to investigate
repression in Punjab although the Hunter Commission, an official body, was al-
ready going into the matter. Mahatma Gandhi himself worked with Motilal Nehru
and C.R. Das to produce a report that differed with the findings of the Hunter Com-
mission on many substantial issues.
The Motilal Nehru Committee, which later contributed so significantly to the
writing of the Constitution, was the Congress alternative to the Simon Commissions
constitutional proposals. Jawaharlal Nehrus Planning Committee, the precursor to
the Planning Commission of the later day, was a direct challenge to the Royal Com-
mission on Labour in India, known as the Whitley Commission that had been set
up in 1929. The Sapru Committees Report of 1945, which later contributed signifi-
cantly to chapter III of the Constitution, was also a private initiative. The Sapru
Committee had been appointed by an all parties conference in 1944, when the
second world war had not yet ended, Japan having surrendered only in August
1945. The Indian National Army (INA), revolutionaries in exile organized by Subhas
Chandra Bose, was still marching with the declared objective of capturing the Red
Fort. Yet nobody talked about banning the committee.
More recently, there have been numerous non-official inquiries into serious al-
legations of human rights violations and official acquiescence into orchestrated
violence against minority communities and other under-privileged groups of people
in various parts of India. Orchestrated pogroms and communal riots in Delhi, Meerut,
Aligarh, Karnataka, Ayodhya, and Maharashtra have been investigated by peoples
commissions. Justice H. Suresh (retired), a member of the peoples commission in
Punjab, himself belonged to a peoples tribunal that investigated the Bombay riots
of December 1992 and January 1993, while the official commission called the Shri
Krishna Commission was already conducting its proceedings. The peoples tribu-
nal submitted its report within six months of its constitution whereas the official
Shri Krishna report took six years to make public exactly the same findings. The
Indian Peoples Tribunal on Environment and Human Rights (IPT), which autho-
rized the unofficial investigation, was established in 1993 as a permanent body to
counter governmental apathy and judicial red-tape by initiating campaigns and public
interest litigation on the strength of such inquiries into human rights and environ-
mental issues. The Indian Peoples Tribunal has so far undertaken 11 such investi-
gations and is affiliated with numerous other fact-finding commissions. And yet, in
the case of the peoples commission in Punjab, there was this petition that prayed
112
Civil Writ Petition 14133 of 1998, Sudershan Goel Vs. The Union of India and others, Affidavit on
behalf of the Committee for Coordination on Disappearances in Punjab (CCDP) through its convenor
Ram Narayan Kumar, para 5.
113
Sudarshan Goel Vs. the Union of India and others, written statement filed by Shri Ranbir Singh, under
secretary, Home, Punjab.
114
Civil Writ Petition No. 14133 of 1998, Sudershan Goel Vs. the Union of India and others, Amar Dutt,
Judge for the Division Bench, Judgment pronouced on Monday, 20 December 1999.
for a writ under Article 226 to ban the first genuine initiative to investigate the
reports of human rights violations in the state.
112
There was no compulsion on any groups of people or individuals who did not
like the peoples commission to recognize it or to participate in its work. No agency
of the state could claim the right or the duty to ensure that any individual or collec-
tion of individuals did not question or talk about or reach their own conclusions
about any matter of public importance. Under what law could victims of police
repression be prevented from expressing themselves to the peoples commission if
they wished to do so? Under what law could the peoples commission be prevented
from seeking responses from policemen on complaints of human rights violations
that are publicly made? The officials were free to ignore or entertain the queries.
It was open to the peoples commission to reach its conclusions without their
participation.
The final legal arguments on the matter from both sides concluded on 11 March
1999. The CCDP, having adjourned the proceedings of the peoples commission in
deference to the petition before the high court, asked for an early judgment. But the
high court kept the matter dangling and pronounced its order on 20 December 1999.
The order restrained the commission from holding public sittings, from making
investigations into the cases which have already been decided by the courts, and
from issuing notices to the officers of the government to appear and cooperate with
its investigations. The judgment said that instead of setting up the peoples com-
mission the CCDP should have limited itself to the collection of information of
alleged human rights violations to be presented before the state for a detailed
enquiry. If necessary, the CCDP should have taken assistance of the court. The
high court had come to the conclusion that the working of the peoples commission
may adversely affect the public order, discipline and the society and encourage the
setting up of similar commissions by other individuals or groups of individuals and
thereby undermine the public peace, safety and tranquility of society. The high
court came to this conclusion in spite of the fact that the Punjab governments
written statement before the court said that the peoples commission had not cre-
ated any law and order problem and also had not infringed any law to call for
interference by the state in the affairs of this private body.
113
The high court also cast aspersions on the propriety of the members of the peoples
commission, who themselves had retired as the judges of various Indian high courts.
The judgment exhorted them to decide whether after having taken oath to maintain
and preserve the Constitution and its institutions it will be appropriate for them to
associate themselves with the activities which undermine the authority of the state
established by law.
114
A leader in the Tribune commented: The December 20 ver-
dict has given them their just deserts. Protagonists of impunity hailed the judgment
as a resounding blow for the sanctity of judicial and state processes. The Tribune
115
The Tribune, 27 December1999, Anupam Gupta, HC shows the door to Peoples Panel.
116
India Today, 21 September 1998, Punjab: Invoking the Past, by Ramesh Vinayak -
http://www.india-today.com/itoday/21091998/punjab.html
117
Vijayashri Sripati, Indias National Human Rights Commission: A shackled Commission?, 18 Boston
University International Law Journal, 1, Spring 2002.
118
G. A. REs. 48/134, ESCOR, Annex (1993): Principles Relating to the Status and Functioning of
National Institutions; National Human Rights Institutions: A Handbook on the Establishment and
Strengthening of National Institutions for the Promotion and Protection of Human Rights, Professional
Training Series No. 4, PP 216, 19(1995), UN Sales No. E. 95/XIV.2.
said: Accepting as they did the CCDPs private invitation to sit publicly as a judi-
cial body despite their retirement, summoning police officers, conducting enqui-
ries and holding trials former judges, like rebels, holding kangaroo courts all
the three lay themselves open to the charge of grave impropriety, if not outright con-
tempt of court. The article pointed out: The verdict significantly rejects the CCDPs
claim that the establishment and work of the peoples commission derives legitimacy
from the freedom of speech and expression guaranteed in Article 19(1) (a) of the
Constitution. The writer of this article, who had earlier proclaimed that the peoples
commission is an affront to justice, if not a travesty of it, felt vindicated.
115
Origins of the NHRC
When the petitioners first moved the high court for a ban, India Today wrote to say
that the police top brass had developed a strategy to scuttle the CCDPs investiga-
tive work through litigation, counter-propaganda and undermining of credibility.
116
The success of the strategy was reflected by the developments in the matter of
police abductions leading to secret cremations carried out by the Punjab police
referred to the NHRC by the Supreme Court of India on 12 December 1996.
The appropriateness of the NHRC as a watchdog of fundamental and human
rights, created in 1993 under the Protection of Human Rights Act, has always been
suspect. The Indian establishment conceived the NHRC in response to mounting
international criticism about the abysmal human rights record of Indian state insti-
tutions.
117
The government quickly devised the NHRC to counter the criticism it
expected to face at the 1993 World Conference on Human Rights at Vienna. When
on 28 September 1993, the Government of India issued a pre-emptory ordinance
called the Protection of Human Rights Ordinance, establishing the NHRC, a Hu-
man Rights Commission Bill, introduced in the Lower House of Parliament for a
debate on 14 May 1993, was already pending. By bringing in the ordinance, the
government skirted the normal procedure of debating and discussing its provisions.
The ordinance that later became an Act, failed to fulfil the standards and principles
prescribed by Principles Relating to the Status and Functioning of National Institu-
tions, generally known as the Paris Principles and the National Human Rights
Institutions: A Handbook on the Establishment and Strengthening of National In-
stitutions for the Promotion and Protection of Human Rights.
118
We shall later con-
sider some of the major deficiencies in the Act.
Former Chief Justice Ranganath Misra was the first chairman of the NHRC.
Justice M. N. Venkatachaliah, his successor, had been hailed as one of the finest
119
W.P. (crl.) No. 221 of 1994, In an order dictated on 15 September 1994.
120
Paramjit Kaur & Committee for Information & Initiative on Punjab, Vs. State of Punjab, Writ Petitions
(Crl.) Nos. 497/95 and 447/95, Order dated 12 December 1996.
chief justices India has had. As the chief justice of the Supreme Court, Venkatachaliah
was familiar with the working of the Punjab police through several cases that came
before his bench. In one case, a writ of habeas corpus filed by Inder Singh for the
release of seven members of his immediately family including his 85-year-old fa-
ther Sadhu Singh and 14-year-old nephew Sharanjit Singh, Justice Venkatachaliah
had remarked: We are deeply concerned about the safety of the citizenry at the
hands of such an errant, high-handed and unchecked police force.
119
As already observed in the first introductory chapter, the Supreme Court of
India referred the matter of police abductions leading to disappearances and secret
cremations in Punjab to the NHRC in December 1996, as Reference Case No. 1 of
1997, observing that the Central Bureau of Investigations report disclosed fla-
grant violation of human rights on a mass scale. The courts order said: We re-
quest the commission through its chairman to have the matter examined in accor-
dance with law and determine all the issues which are raised before the commission
by the learned counsel for the parties. Since the matter is going to be examined by
the commission at the request of this Court, any compensation awarded shall be
binding and payable. The Court ordered the CBI to continue its investigations to
determine criminal culpability and to submit quarterly status reports.
120
The NHRC that took cognizance of the case on 2 January 1997 comprised the
following members:
Justice M.N. Venkatachaliah, chairperson,
Justice Fathima Beevi, former judge, Supreme Court of India,
Justice S.S. Kang, former Chief Justice Jammu & Kashmir High Court,
Justice V.S. Malimath, former Chief Justice Kerala High Court and
Mr. Virendra Dayal, erstwhile Chef de Cabinet of former UN Secretary Gen-
eral, Javier Perez de Cuellar, with the rank of an under secretary general.
Soon, Justice Fathima Beevi and Justice Kang retired from the NHRC and got
appointed as governors of Tamil Nadu and Kerala, two of the 28 states comprising
the Indian Union.
Four Phases of the Proceedings: Preliminary Questions
The proceedings before the NHRC have continued for six years and can be divided
into four phases. The first phasethe most promising onelasted until 4 Septem-
ber 1997 and resolved several issues of great importance concerning the scope and
purpose of the reference made by the Supreme Court.
In the first phase, beginning from 28 January 1997, the commission attempted
to delineate the parameters of this unique reference from the Supreme Court, the
scope of its inquiry and the manner in which it proposed to go about its appointed
task. The commission posed the following questions to the Government of India,
the state of Punjab, the Punjab police and the Committee for Information and Initia-
tive on Punjab (CIIP), and asked them to submit their opinions:
(a) Has the mandate of the Supreme Court had the effect of removing the bar of
limitation under section 36(2) of the Human Rights Act, 1993? Or, is the NHRC
designated sui generis to perform certain functions and adjudicate certain issues
entrusted and referred to it by the Supreme Court?
(b) What are the views on the concept and content of the idea of compensation
referred by the Supreme Court to the NHRC for determination?
(c) What are the other specific issues that must be decided by the NHRC?
(d) Can the NHRC set up an adjudicatory mechanism to expeditiously quantify
compensation, subject to the final decision taken by the NHRC?
On the same day, the commission directed the Government of India to appear
before it and to assist the commission in the performance of its functions arising
out of the mandate of the Supreme Court.
Conflicts on the Scope of Inquiry
Contentions on the scope of the imminent inquiry flared up before the NHRC at the
first hearing itself. The Union and the state governments, as well the Punjab police
officials representing themselves separately, vehemently opposed our assertion that
the commissions mandate under Article 32 of the Constitution was to discover the
depth and magnitude of all violations divulged by the CBIs report and to restore
justice through compensation and other reparative measures. The proceedings of
the commission, under the Supreme Courts reference, had to cover not only the
illegal cremations at the three sites revealed in the CBIs report, but also disposal of
bodies in other ways throughout the 17 districts of Punjab, without any time limit,
following illegal abductions, enforced disappearances and extra-judicial executions
carried out by state agencies.
The problem with the Protection of Human Rights Act 1993 (PHRA), the stat-
ute that created the NHRC and bound its normal working, underlay the furious
debate over the preliminary issues that the NHRC wrestled with the first six months.
The limitations of the Act contradicted the standards specified for national human
rights institutions by the UN Handbook and the Paris Principles referred to earlier.
The State parties to the proposed proceedings called for the enforcement of the
limitations in their objections. Some of these major defects or shortcomings of
PHRA are:
1. Section 36(2) places a one year statute of limitation, stating: The NHRC or the
State Human Rights Commission shall not inquire into any matter after the expiry
of one year Prima facie demonstration of evidence should be the guiding prin-
ciple for taking cognizance of a complaint, without any time limit. Internation-
ally, statutes of limitation impose a time limit only with the view that claims are
not made after evidence has been lost. In German law, for example, the periods
range from six months for breaches of administrative regulations to 30 years for
121
United Nations Treaty Collection, http://www.unhchr.ch/html/menu3/b/treaty6.htm
122
AIR 1984 SC 802 and AIR 1987 SC 1086.
crimes involving a life sentence but, as also in the United States, there is no limi-
tation on crimes involving genocide and murder. In England, there is no general
statute of limitations applicable to criminal actions. In 1968, the UN General As-
sembly adopted the Convention on the Non-applicability of Statutes of Limitation
on War Crimes and Crimes against Humanity. Surely, the PHRA, whose first
statement of objects and reasons refers to Indias international human rights obli-
gations, should have amended its clause 36(2) in conformity with this principle.
India acceded to this convention on 12 January 1971.
121
2. Under Sections 11(b) and 14 of the PHRA the commission is forced to depend
on the investigative agencies of the government, themselves accused of grave
violations. The PHRA requires suitable amendment to enable the creation of an
investigative mechanism, accountable to the National and the state human rights
commissions alone, that would possess statutory powers to demand cooperation
from government authorities under investigation. They must also have the pow-
ers to compel production of documents and other evidence necessary to com-
plete investigations. Currently, the NHRC does not even possess the powers
available to police officers and executive magistrates investigating unnatural
deaths under sections 174, 175 and 176 of the CrPC, 1973;
3. Section 19 of the PHRA prohibits the human rights commissions from directly
investigating allegations of human rights violations committed by the military
and paramilitary forces. Amendment of this section is essential to the require-
ment of justice in a state where the military, the paramilitary and other central
forces have been routinely deployed to carry out counter-insurgency operations;
4. Likewise, section 30 of the PHRA providing for the establishment of special hu-
man rights courts requires guidelines on the mandate and powers and procedures
of these courts. An amendment must also remove the requirement of governmen-
tal sanction for the prosecution of public servants. Without it, the provision of
special human rights courts under section 30 of the PHRA can have no meaning;
5. Finally, section 18 of the PHRA must be amended to provide the human rights
commissions with the statutory powers to enforce their findings and recommen-
dations.
Submissions on the Preliminary Issues
The CIIP, in its submissions, argued that the powers of the NHRC in this particular
case derived from the Supreme Court, in exercise of its jurisdiction under Article 32
of the Constitution. The Supreme Court, under well-settled law, has the amplest
power to issue whatever direction or writ appropriate in a given case for enforce-
ment of a fundamental right. Further, Article 32 lays down a constitutional obli-
gation on the Supreme Court to protect the fundamental rights of the people and for
that purpose exercise all incidental and ancillary powers including the power to
forge new remedies and fashion new strategies designed to enforce fundamental
rights.
122
Therefore, the NHRC was a sui generis designate of the Supreme Court
with all powers within the jurisdiction of Article 32, in addition to its powers under
the PHRA, 1993, without being encumbered by its limitations. In fact, the Supreme
Courts 12 December 1996 order clearly said that except for the registration of
criminal cases against the culprits, which the CBI was to do, the NHRC would
determine all other issues.
The Supreme Courts mandate to the NHRC included an inquiry into the sys-
temic aspects of the violations, as it was inconceivable that violations of this mag-
nitude could take place without the knowledge, approval and complicity of the
states higher echelons. As the CBIs investigations establishing mass cremations
appeared to cover only three cremation grounds in Amritsar district, the NHRC had
to extend the investigation to all other cremation grounds in the state as well as to
other forms of disposing of dead bodies. More importantly, the starting point of the
investigation had to be the fact of enforced disappearance, not the specific method
of disposal of the body. Only through a comprehensive investigation would the
NHRC be able to propose the corrective measures to ensure that such violations did
not recur.
Finally, in formulating the criteria for compensation, the CIIPs submission ar-
gued that the commission should be guided by the principles of :
a) Exemplary damages based on strict liability to penalize the wrong doer,
as laid down in the Nilabati Behara case,
123
through determinations about
the extent of offense done to the states responsibility to protect funda-
mental rights and the level of complicity of the political and administra-
tive hierarchies in the violations;
b) The standards of repairing the wrongs caused to the victims and their families,
as laid down in the D.K. Basu case,
124
by taking into account the particular
circumstances of each victim and his traumatized family;
c) The Human Rights Committee decisions and opinions under the Optional Pro-
tocol on Civil and Political Rights on similar matters. The PHRA is explicit on
what human rights standards are to guide its work. Its section 2[d] specifies that
they are to be the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the international cov-
enants and enforceable by court in India. The Supreme Courts ruling in the
Vishaka case
125
holds that the provisions in international treaties signed by In-
dia are enforceable even if they have not been incorporated into the domestic
legislation.
The Punjab government and the police emphasized that the powers of the Su-
preme Court were not interchangeable with the powers of the statutory bodies. Thus,
the Supreme Courts referral of the issue of compensation and other issues raised
in the two writ petitions violated the spirit of the Constitution. The state and the
police argued that the NHRC could adjudicate only if it was permissible to do so
under the PHRA. The mandate conferred by the Supreme Court could not remove
123
1993 (2) SCC 746.
124
1997 (9) Scale 298.
125
AIR 1997 S. C. 3011, 3014.
the limitations imposed by the PHRA on the functioning of the NHRC, particularly
its section 36(2).
126
Therefore, the NHRC had no choice but to decline adjudication
in the matter. In any case, the Supreme Court had no intention of taking up any
dispute outside the issue of compensation.
The Union governments arguments, though couched in slightly more decorous
terms, essentially followed the same lines. They emphasized that the PHRA did not
give the NHRC adjudicatory powers and that it was a fact-finding body that could
only make recommendations to the government. An order of the Supreme Court or
the high court that extended the jurisdiction of a statutory body would be contrary
to the Constitution and, therefore, could not be complied with. The NHRC had to
act within the limitation of section 36(2) of the PHRA and rule 8(I) of the National
Human Rights Commission (Procedure) Regulations, 1994, prohibiting it from in-
vestigating complaints older than a year, sub-judice cases, and matters outside its
purview. The Union government also argued that compensation could not be paid
to legal heirs of terrorists who died in police actions and that allegations of atroci-
ties and wrong doing against public servants had to be established through proper
investigation before any action could be taken against them.
The counsel for the NHRC made the following main arguments, important for
the contrast they provide with the changed perceptions of the NHRC that marked its
orders on the scope of the inquiry in the second phase of the proceedings. The
counsel argued that the NHRCs jurisdiction derived not only from the provisions
of the PHRA but also from the Supreme Courts 12 December 1996 order and the
mandate of the International Covenant on Civil and Political Rights (ICCPR), 1966.
The NHRC was a unique institution established under the Act to implement Indias
commitments under the ICCPR and the International Covenant on Economic, So-
cial and Cultural Rights. Acting on the additional dimension of jurisdiction under
Article 32 provided by the Supreme Courts order in the present case, the NHRC
possessed the powers to investigate, inquire, and determine liabilities, obligations,
duties, and also identify persons and authorities responsible for violations of human
rights, take further steps to ensure enforcement of such determinations, and suggest
remedial and compensatory measures. The NHRCs counsel argued it would be
absurd to suggest jurisdiction if the powers to consummate it were not simulta-
neously implied.
The Order on the Preliminary Issues
On 4 August 1997, the National Human Rights Commission gave a detailed order
on these preliminary contentions, holding that it was designated as a body sui-generis
to carry out the mandate of the Supreme Court, which had referred the whole
matter to be dealt with by the NHRC after concluding that flagrant violation of
human rights on a mass scale had taken place.
The salient points of this order are as follows: First, the NHRC claimed its
jurisdiction under Article 32 of the Constitution, a guaranteed remedy and itself a
126
The section prohibits them from entertaining complaints of violations older than one year from the date
of the incident.
127
1984 (3) SCC 161.
128
1987 (1) SCC 395.
129
Nilabati Behara Vs State of Orissa 1993 (2) SCC 746, DK Basu Vs. State of West Bengal 1996 (9)
Scale 298 and PUCL Vs. Union of India 1997 (2) JT 311.
fundamental right, binding the Supreme Court to act against all complaints of hu-
man rights violations; second, it concluded that the Supreme Court had referred the
whole matter to the NHRC, to determine and adjudicate all issues arising from the
CBIs report. All references to concepts of damages, fair and adequate compensa-
tion in public law, the right to rehabilitation and the redress of established infringe-
ments revolved around Article 21 as a compendious guarantee that no person shall
be deprived of life or personal liberty except in accordance with the procedure
established by law. It also affirmed that the state was vicariously liable for acts of
infringement committed by public servants and that the argument of sovereign im-
munity would not be available against claims by citizens for just and adequate com-
pensation and punishment of the offender. Finally, the NHRC stated that the spe-
cific circumstances and the factual contents of all complaints was the basis for es-
tablishing liability and quantifying compensation.
For each of these findings, the order relied on Supreme Court judgments. In
granting the NHRC jurisdiction under Article 32 of the Constitution, the order cited
Bandhua Mukti Morcha Vs. Union of India
127
and M. C. Mehta Vs. Union of In-
dia.
128
In these cases, the Court said that, under Article 32s obligation to protect
fundamental rights, it had the power to forge new tools, devise new methods and
adopt new strategies. Thus, in this matter, the Supreme Court had chosen the NHRC
as its instrument. Therefore, section 36(2) or any other limiting provision of the
PHRA could not constrain the powers of the NHRC any more than they could cir-
cumscribe the Supreme Courts powers under Article 32.
The order sustained the NHRCs power to adjudicate, under the approval of the
Court: The jurisdiction and the powers of the NHRC, to the extent they go, can be
sustained on surer grounds which do not attract the vice of delegation. The Su-
preme Court in its order had asked the NHRC to have the matter examined and
determine all the issues which are raised before the NHRC. It had also observed
that if any approval or further assistance from this court is necessary, the same
may be sought by the NHRC. Reading these two stipulations together, it was obvi-
ous that the court retained authority over the matter and any determination by the
NHRC, wherever necessary and appropriate, would be subject to the courts ap-
proval.
On the issue of compensation, the order referred to a range of decisions of the Su-
preme Court that lay down the broad parameters of the emerging concept of damages,
and guidelines as to the nature and content of the idea of compensation in public law.
129
The order then referred to the requirements of Article 4(1) of the UN Conven-
tion against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish-
ment 1984, which the Government of India has signed, and Article 2.3(a) of the UN
International Covenant on Civil and Political Rights 1966, requiring state-parties to
ensure that their legal systems allow victims of torture and other abuses the oppor-
tunity to obtain redress. They must also have an enforceable right to fair and ad-
equate compensation, including the means for as full a rehabilitation as possible, as
well as other effective remedies notwithstanding that persons acting in an official
130
1981 (2) SCR 516.
131
Enforced Disappearances, Arbitrary Executions and Secret Cremations: Victim Testimony & Indias
Human Rights Obligations INTERIM REPORT. By the Committee for Coordination on
Disappearances in Punjab, 742 Sector 8-B, Chandigarh. July 1999, pp. 83-85.
capacity committed the violations. The NHRC drew authority for citing these inter-
national instruments from the rationale of the Supreme Courts judgement in PUCL
Vs. Union of India (supra), which stated that the provisions of the covenant, which
elucidate and go to effectuate the fundamental rights guaranteed by our Constitu-
tion, can certainly be relied upon by courts as facets of those fundamental rights and
hence, enforceable as such. The PUCL judgement also said that the resolutions of
the General Assembly of the United Nations laying down universal principles are
entitled to incorporation as part of any particular fundamental right guaranteed by
the Indian Constitution. The order also cited the case of Francis Coralie Mullin Vs.
The Administrator, Union Territory of Delhi,
130
where the Supreme Court had de-
clared, long before the 1984 Convention against Torture had come into force, that
the protection against torture belonged to the right to life entrenched in Article 21.
Regarding the states liability towards victims of human rights violations, the
NHRCs order strongly relied on the Supreme Courts judgement in D. K. Basu Vs.
State of West Bengal, describing it as one of far reaching significance that will
shape the future. The judgement said: monetary or pecuniary compensation is
an appropriate and indeed an effective and sometimes perhaps the only suitable
remedy for redressal of the established infringement of the fundamental right to life
of a citizen by the public servants and the state is vicariously liable for their acts.
The claim of the citizen is based on the principle of strict liability, to which the
defence of sovereign immunity is not available and the citizen must receive the
amount of compensation. On the question of quantification of compensation, the
NHRCs order said that first it was necessary to lay down the factual foundations to
establish liability.
131
With this order, the NHRC disposed of the contentions on the scope of the in-
quiry and the powers of the NHRC. The commission then went on to invite from all
the parties suggestions on modalities for further proceedings and also to devise a
pro-forma to invite complaints by public-notice. On 4 August itself, in a separate
order, the NHRC recorded its views on modalities of further proceedings in the case
as follows:
Since a large number of alleged cremations are said to have taken place it
was suggested to the Learned Counsel and they seem to be agreed on this
that the appropriate procedure might be to invite, by public notice, claims
from those who are aggrieved and such cases shall be inquired into to ascertain
whether the deaths and subsequent cremations or both were the results of acts
which constituted negligence on the part of the State and its authorities and
the basis for the quantification of compensation.
Read together, the two orders of 4 August 1997 clearly spell out the NHRCs
intention to examine all claims received from the publication of a public notice and
to adjudicate upon each such claim in an appropriate manner.
Our Suggestions on the Modalities of Further Proceedings
On 30 August 1997, the NHRC convened a meeting of all parties to discuss the
modalities of further proceedings and also make suggestions on the format of the
pro-forma for complaints and claims. The CIIPs written submissions emphasized
the importance of synthesizing the imperatives of transparency as well as the neces-
sity of protecting the primary data elicited through pro-formas from the dangers of
abuses. It was also important that the NHRC devised a way of managing and pro-
cessing the data to ensure reliability of complaints and also satisfy the subsequent
requirements of analysis and cross-referencing. The necessity to clearly understand
the patterns of violations could require the human rights commission to undertake
further in-depth investigations. Adjudication on patterns of violations and the de-
velopment of criteria to quantify compensation could only evolve from a satisfac-
tory completion of this investigative process.
The CIIP also submitted a design for the suggested pro-forma which it had de-
veloped after consulting several international human rights organizations. It was
suggested that the pro-forma should be available at primary health centers, post
offices, offices of village revenue officials, block development officers, sub-divi-
sional magistrates and district magistrates. It should also be available in jails and
other custodial institutions.
The CIIP proposed that as the first step, the NHRC should publish a public
notice that would begin with a clear statement on its mandate. It should carry an
assurance that confidentiality of the information shall be maintained and that com-
plainants need not disclose the identities of witnesses while completing the pro-
formas. They could supply this information later to the NHRC in complete confi-
dentiality. The CIIP suggested that the notice should also say that anyone who made
false statements would be liable to prosecution for perjury. Finally, the notice should
specify the places where the pro-forma would be available, the places where the
completed forms may be deposited, the deadline for depositing pro-formas and
their right to obtain receipts. These forms should then be forwarded to the NHRC in
sealed boxes. A specially constituted secretariat of the NHRC could then scrutinize
the forms and collate the information in the following categories:
a) Cases under each police-district;
b) Cases where deaths are established;
c) If established, whether there are corresponding entries in any record like the
cremation ground record, municipal record or police record;
d) Cases where deaths are not established;
e) Cases where bodies were not handed over to the relatives;
f) Cases where bodies were handed over to the relatives;
g) The cases where the bodies were cremated by the police as lawaris (unclaimed/
unidentified);
h) Cases where prior to disappearance/ death the person was alleged to have been
in police custody;
i) Cases where there are witnesses to support this allegation;
j) Cases where a complaint/ representation about the disappearance or police cus-
tody was made;
k) Cases where the authorities responded to the complaint/ representation;
l) Cases where destruction and/ or expropriation of property is also involved; and
m) Cases where more than one member of the family disappeared or died.
After processing this data, the CIIP asked that the NHRC should call for informa-
tion from the police. This should be done by giving them the names and other particu-
lars of the missing/dead person. They may admit or deny knowledge or custody. They
may give an explanation of death or disappearance. They would be required to sub-
stantiate their position by producing records, their diaries, their own dead-body dis-
posal registers and so on. According to the CIIP, the police should also be asked to
furnish an explanation for the illegal cremations detailed in the CBI report. Indepen-
dently, the NHRC should call for the following official records: The cremation ground
records of each police district insofar as they relate to cremations carried out by the
police; the municipal records pertaining to bodies disposed of by the police; the records
of each police district pertaining to custodial deaths and encounters; and press re-
leases including photographs issued by the police or the state government relating to
deaths in custody, escapes and deaths in armed encounters.
Examination and processing of these sources of information would yield
patterns of violations, laying the foundation for the adjudicative stage of the
NHRCs proceedings.
Second Phase: The Union Government Returns to
the Supreme Court
When the NHRC met for further hearing on 4 September 1997, the standing coun-
sel for the Union government moved an application praying that the proceedings of
the NHRC be stayed for three months as the Central government and the ministry of
home affairs, not being in agreement with the NHRCs order of 4 August 1997,
wished to move the Supreme Court for a clarification. The NHRC adjourned the
matter till 6 October 1997 to give them time. This order marked the end of the first
phase of the proceedings before the NHRC.
The Supreme Court took a little over a year to decide the application moved by
the Union of India, and supported by the Punjab government and the Punjab police
officers. Justice Saghir Ahmed, who had shared the bench with Justice Kuldip Singh
in originally remitting the matter to the NHRC, and Justice S. Rajendra Babu deliv-
ered the Courts 10 September 1998 decision under the shadows of a virulent cam-
paign for police amnesty led by K. P. S. Gill. The order bolstered our hopes by
dismissing the Union governments application and chastising its agencies for their
obstructive attitude. The operative part of the order, that seemed to settle the issue
of jurisdiction and the NHRCs powers, said: In deciding the matters referred by
this Court, the NHRC is given a free hand and is not circumscribed by any condi-
tions.
However, the part of the order regarding the ambit of the inquiry contained
ambiguities. The NHRC later used these ambiguities to alter its position on the
scope of the inquiry. First, the Court said, The matter relating to 585 dead bodies,
which were fully identified, 274 partially identified and 1,238 unidentified bodies,
132
Enforced Disappearances, Arbitrary Executions and Secret Cremations: Interim Report, Op, Cit.,,
pp.93-95
has already been referred to the NHRC, which has rightly held itself to be a body sui
generis in the instant case.
This emphasis on the number of bodies cited in the CBIs report left some margin
for interpretation, contrary to the mandate of Article 32, that the inquiry would not
encompass the wider patterns of police abductions leading to disappearances and
secret disposal of bodies. However, in a later part of the order, the Court seemed to
favor a comprehensive understanding of the NHRCs mandate. Referring to its 22
July 1996 direction to the CBI to issue a general notice to the public, including all
authorities and government offices, to place any information or material available
with them and to assist the investigating agency to ascertain the identities and circum-
stances around which the large number of bodies had been cremated, the Court con-
cluded: It is in the background of the above order that the order dated 12 December
1996 is to be read, in which this Court had stated as under: Without going into the
matter any further, we leave the whole matter to be dealt with by the commission.
In the litigation under Article 32 the whole matter obviously meant infringe-
ment of the fundamental rights that arose from the allegations made in the original
writ petitions, corroborated by the CBIs investigations. Words and their usage,
proper or improper, could not be used to upset this basic truth. However, semantics
prevailed and members of the NHRC, like performers of an orchestra sensitive to
the conductors variation of the theme, used the ambiguities in the language of the
Supreme Courts second order to invert its earlier positions.
Referring to the ongoing investigations by the CBI, the Court had said: The
investigation by the CBI has been ordered and is being done to determine and es-
tablish some other facets, including culpability of those responsible for violation of
human rights. The remaining issues have been referred to the NHRC. They obvi-
ously relate to violation of human rights. If on publication of a general notice, as
proposed by the NHRC, which incidentally was also done by the CBI in pursuance
of our order dated 22 July 96, complaints relating to violation of human rights are
filed before the Commission, it will investigate into those complaints in accordance
with the provisions of The Protection of Human Rights Act, 1993, specially section
17 thereof and will also take such steps, after enquiry, as are deemed fit by it in the
light of the provisions contained in Section 18 of the Act.
This part of the order seemed to confuse the issues and made it possible to argue
that whereas the NHRC would adjudicate the matter of 2,097 bodies without any
limitations, it would investigate other complaints that may result from the publica-
tion of the notice in accordance with the provisions of the Act.
132
Arguments in a Vicious Circle
The NHRC met again on 16 September 1998, after its proceedings in the matter had
been stalled for more than a year. Although the agenda was to develop clear mo-
dalities for the inquiry and to finalize the public notice to invite complaints and
claims, the NHRC raised the issue of applying filters so that the matter would not
become excessively enlarged. Justice Venkatachaliah cited the example of the liti-
gation centered around the Bhopal Gas Disaster, where the number of claims ex-
ceeded the total population of the city of Bhopal, to argue that it was necessary to
have in place a mechanism to eliminate false claims. There could be no reasonable
objection to the need to weed out false claims. In fact, such weeding would, inevi-
tably, take place in the course of verification of each claim received by the NHRC.
The human rights commissions insistence on a filtering mechanism was, there-
fore, both bewildering and disturbing.
Taking the lead given by this opening from the commission, the Union and the
state governments renewed their claims and submitted that the NHRC circumscribe
its inquiry to the locations, the numbers and the mode of disposal of bodies cited in
the CBIs report.
The CIIP made written submissions arguing that any contention to limit the
inquiry, as desired by the Union and the Punjab governments, would be wholly
repugnant to the Supreme Courts express intent. The CBI may have chosen to limit
its investigations of the cremations at Durgiyana Mandir, Patti and Tarn Taran cre-
matoria because records from these places had already been supplied by the CIIP.
For the NHRC to repeat the same exercise and exclude all other issues of violations
that remained undetermined would constitute a substantial abridgement of the Su-
preme Court order. Illegal cremations, burials, entombment or quartering and drown-
ing of bodies in canals, as issues, had to remain secondary to the principal theme of
fundamental rights whose violations had preceded and culminated in one or the
other form of disposal.
Deconstruction of a Mandate
On 13 January 1999, the NHRC passed yet another order, called order on the
scope of inquiry, to deconstruct our understanding of the mandate that resulted
from the commissions earlier decision on the preliminary issues, affirmed by the
Supreme Courts 10 September 1998 clarification with some ambiguities. The NHRC
posed the problem succinctly:
The petitioners contend that the NHRC is required to inquire into all incidents
of what are referred to as extra-judicial eliminations or involuntary disap-
pearances, fake encounters, abductions and killings, etc. alleged to have
been committed by the Punjab police during the decade of 1984-1994. The con-
tention of the Union and the state of Punjab on the other hand is that the inquiry
is restricted only to 2,097 cases of cremation of the bodies - 585 fully identified,
274 partially identified and 1,238 unidentified - in the police districts of Amritsar,
Tarn Taran and Majitha.
To resolve the controversy, the NHRC decided to revert back to the history of
the litigation and the Supreme Courts orders, to search for the contradictions within
their interstices that would support a reversal of its earlier position.
The NHRC referred to the Courts 15 November 1995 order directing the CBI
to undertake the inquiry into the press note Disappeared: Cremation grounds,
released by Jaswant Singh Khalra on 16 January 1995. According to the NHRC, the
press note talked about a large number of human bodies being cremated in the
district of Amritsar as unidentified, 700 bodies at the Tarn Taran municipal cre-
matorium, 400 at Patti municipal ground and 2,000 at Durgiyana Mandir crema-
tions ground. The NHRCs order claimed that the press note did not speak of any
illegal executions or similar cremations in any other district of Punjab. The Su-
preme Court ordered the CBI to investigate the allegations contained in the press
note, which related only to the cremations at the three crematoria in Amritsar dis-
trict. Accordingly, the scope of the inquiry was restricted.
The NHRC conceded that some paragraphs in the petition filed by the CIIP re-
ferred to extra-judicial executions and disappearances alleged to have occurred all
over the state. However, these statements were general in nature and were not backed
by material evidence to support them. Therefore, they did not admit of specific tra-
versal except by way of general denials. In the NHRCs opinion, the pleadings taken
as a whole, centered around the main grievance that extra-judicial killings and disap-
pearances had culminated in the cremations at Durgiyana and Patti municipal crema-
tion grounds. Thus, so far as the CBI was concerned the scope of the inquiry ordered
by the Supreme Court was limited to the allegations in the press note about the crema-
tions in Amritsar district. As the petitioners did not seek modification of the Supreme
Courts order of inquiry by the CBI, it was obvious that all parties agreed that the
inquiry was and should be limited to cremations in Amritsar district. The NHRC
concluded: By analogy and parity of reasoning, it requires to be understood that the
scope of the remit to the commission was similar though the purpose is different.
To buttress the conclusion, the order referred to the public notice carried by the
CBI in newspapers in Punjab which said that the investigating agency was making
an enquiry into the matter pertaining to disposal of unidentified/unclaimed bodies
in three police districts of Amritsar, Majitha and Tarn Taran between June, 1984
and December, 1994. This showed the CBIs understanding on the scope of the
inquiry. The NHRC stated that the petitioners should have moved the Supreme
Court for a direction to the CBI to enlarge the scope if, in their opinion, the investi-
gating agency had misunderstood the Courts intention. Absence of any such en-
deavor indicated their agreement. Also, they did not raise objections even as the
CBI kept filing its reports, culminating in the fifth and final report filed on 9 De-
cember 96, disclosing 582 fully identified, 278 partially identified and 1238 uni-
dentified bodies. As the Supreme Court remitted the matter in consideration of this
final report, the scope of the inquiry by the NHRC had to be accordingly restricted.
The Terms of Reference: New Interpretations
In response to the CIIPs arguments for a more expansive scope of the proceedings,
the NHRC said that the wide language of the 12 December 1996 order by the Su-
preme Court did not enlarge the scope of the inquiry instituted by the Court with its
15 November 1995 order. The inquiry was limited to the allegations in Jaswant
Singh Khalras 16 January 1995 press note. The wide terms of reference in the 12
December 1996 order only related to the issues or compensation and other appro-
priate relief, whenever justified, arising from the cremations in the three police
133
Interim Report, ibid, pp. 96-104; Amnesty International Report ASA 20/24/99, August 1999, India: A
vital opportunity to end impunity in Punjab http://www.amnesty.org/ailib/aipub/1999/ASA/32002499.htm
134
Enforced Disappearances, Arbitrary Executions and Secret Cremations: Victim Testimony and Indias
Human Rights Obligations Interim Report, Op. Cit., pp. 96-102.
districts of Amritsar. It claimed support for this conclusion from the Supreme Courts
10 September 1998 clarificatory order, wherein the Court had said: The matter
relating to 585 bodies (which were fully identified), 274 partially identified and
1,238 unidentified bodies, has already been referred to the NHRC which has rightly
held itself to be a body sui generis in the instant case.
In conclusion, the NHRC said: The contention of the petitioners to the contrary
that the commission should undertake an investigation of all the alleged police kill-
ings in the state of Punjab, apart from being extremely expansive in nature, does not
seem to square or be reconcilable with the express terms of the Courts remit.
133
The most important point about this order, restricting the inquiry to crema-
tions, the given number of 2,097 bodies and the location of Amritsar district,
is the pivotal position it attributed to Khalras 16 January 1995 press note, and the
conclusion that it did not speak of any illegal executions or similar cremations in
any other district of Punjab. It is a matter of record that Khalras press note made
a passionate statement about common patterns of police abductions, disappearances
and extra-judicial executions throughout the state, using the records of cremations
in Amritsar only as an example of the larger reality.
It is also a matter of record that the Supreme Court withheld the CBIs report as
a secret document, leaving us incapable of studying its contents let alone challeng-
ing them. It was also absurd for the NHRC to suggest that the scope of the inquiry
was limited by the CBIs understanding of the Supreme Courts order and our fail-
ure to seek modifications in the directions. We cannot explain why the CBI decided
to confine its investigations to those records of cremations that we had already
furnished, instead of finding out if such events occurred in other parts of Punjab as
well. Few substantiated facts through purely voluntary effort were brought to the
Supreme Courts notice. That cost Jaswant Singh Khalra his life.
The NHRCs suggestion that our allegations about larger patterns of abduc-
tions, disappearances, extra-judicial killings and secret disposal of bodies did not
allow extrapolation because they were not substantiated by material evidence is
absurd, to say the least. Our specific allegations had been proved. This should have
been enough to shift the burden of evidence to the state authorities to show that its
institutions did not repeat such violations in other parts of Punjab. Besides, neither
the Union nor the state governments had made such a claim. On the other hand, the
CBIs report, far from ruling out such occurrences in the rest of Punjab, rendered
them strongly probable.
This order of the NHRC was an abomination to our understanding of truth and
restorative justice, as well as the fundamental principles of human rights law. It
employed the competence of Article 32, a constitutionally guaranteed remedy against
infringement of all fundamental rights of citizens, to amplify its powers beyond the
statute that had created it. Simultaneously, it insisted on disallowing the benefits of
this guaranteed remedy to the citizens who have suffered the violations. This,
indeed, was extraordinary.
134
Limitations on the NHRC Inquiry
The National Human Rights Commission is an expert statutory body created to
fulfill Indian obligations under the International Covenant for Civil and Political
Rights. Under Article 32, and agitated by the larger implications of the CBI report,
the Supreme Court remitted this matter to the NHRC. The main issues to be ad-
judged are enforced disappearances and arbitrary executions, carried out by state
agencies, culminating in illegal cremations and the disposal of bodies in ways that
remain largely unknown. This is the inescapable conclusion that follows from the
composite reading of the allegations and the prayers in the writ petitions, the Su-
preme Courts initial order asking the CBI to investigate, the Supreme Court order
referring the matter to the NHRC, the commissions own findings on the prelimi-
nary issues and, finally, the Supreme Courts clarification on the Union governments
objections.
Article 1 of the Declaration on the Protection of All Persons from Enforced
Disappearance condemns this crime as a denial of the purposes of the Charter of
the United Nations and as a grave and flagrant violation of the human rights and
fundamental freedoms proclaimed in the Universal Declaration of Human Rights.
The Working Group on Enforced or Involuntary Disappearances points out that
cases of disappearance cannot be closed and must be treated as continuing crimes
until the state agencies inform the relatives of the locations of the victims, dead or
alive, and recognize their right to obtain redress, including medical, psychological,
legal and social rehabilitation. The stipulations under the Principles on the Effec-
tive Prevention and Investigation of Extra-Legal, Arbitrary and Summary Execu-
tions follow the same principle. As we observed earlier, the Supreme Court itself
described enforced disappearance as the worst crime against humanity.
The territorial limitation to the inquiry imposed by the NHRC would combine
with other restrictions to completely defeat the ends of justice. Without a compre-
hensive inquiry, it is not possible to establish which regions of Punjab the approxi-
mately 1,500 unidentified bodies, cited in the CBIs cremation report, came from.
The records of the three cremation grounds in Amritsar that we had furnished per-
tained to the period from 1991 to 1993. Presumably, the period of inquiry by the
CBI was also limited to this time. However, the notification published by the NHRC
enlarged the time span from 1984 to 1994 while keeping the inquiry limited to the
number of bodies cited in the CBIs report. The logic behind this expansion of time
frame by the NHRC, while surrendering on all other relevant issues, is inscrutable
indeed. Although many unidentified bodies cremated at these sites between 1991
and 1993 would have come from far-flung districts of Punjab, it should be possible
to cover up the truth by associating the numbers in the CBIs report to more than
2,000 persons in the district of Amritsar who disappeared in the span of a decade.
The notification and the questionnaires circulated by the NHRC inviting claims
emphasized the compensation that the legal heirs of illegally cremated victims should
eventually receive. However, the questionnaires circulated by the commission
skipped all the destructive experiences of victims so necessary to develop criteria
for monetary compensation and other restorative and rehabilitative measures. For
example, the questionnaires sought details of occupation, income, property owned
by claimants and persons whose bodies had been cremated. But they offered no
columns for the claimants to inform the commission about the destruction, theft and
confiscation of their immovable property, cattle, crops and chattel. Likewise, no
attempt was made to measure psychological damages and their consequences suf-
fered by relatives of victims. The questionnaires also indicated that the commission
did not care for the plight of widows and orphans as issues relevant to the determi-
nation of compensation.
The rules of evidence and other aspects of the procedure suggested by the
NHRC lacked conceptual deftness and a comprehension of intricacies involved
in an inquiry of this nature. These deficiencies, combined with other anomalies
already discussed, created major obstacles in the way of monetarily compensat-
ing the victims of illegal cremations in Amritsar by standards of fairness, ad-
equacy and justness. For example, the commission invited claims from legal heirs
of people who were illegally cremated in Amritsar district in the period between
1984 and 1994. The 13 January 1999 order of the NHRC also asked the state
government to file before it a list of all the unidentified cremations in the district
done by the police in the same period. The order placed the initial burden of
proving the legality of the cremations on the state authorities. This supposed onus
of proof on the state was meaningless in a situation that did not afford the victims
any means to assail plain lies. On the other hand, sections 107 and 108 of the
Evidence Act turn the burden of proving the death of a disappeared person on the
person making the claim. State authorities can use these sections to disclaim re-
sponsibility for such cases of enforced disappearances. Payment of compensation
is unlikely so long as the presumption of death is not established. Some countries
like Chile, South Africa and Sri Lanka have exhumed mortal remains from graves
and other undesignated places to forensically identify people who were clandes-
tinely buried after security agencies abducted them. But exhumation and other
forensic methods cannot salvage the identities of those who have been surrepti-
tiously burnt with their ashes washed away in rivers and canals. A judicial decla-
ration on presumption of death is needed to resolve this obstacle. However, no
such declaration can come forth through a process that excludes enforced disap-
pearance as an issue for scrutiny.
Our Understanding of the Mandate
These are some of the points on which we abhor the NHRCs deconstruction of its
remit under Article 32 of the Constitution. Our understanding of the mandate is that
the NHRC has to:
1) Investigate and give its findings on every complaint of illegal abduction, en-
forced disappearance, arbitrary execution and disposal of dead body carried out
throughout Punjab;
2) Examine the antecedents, circumstances, factors and context of such violations
to determine the variety of overlapping rights inherent in the rights to life, lib-
erty, and equality before the law which have been destroyed;
3) Unravel the complex connections of responsibility that permitted a systematic
practice of crimes against humanity, including the identities of officials and
agencies that conducted, connived or knew, and did not take measures in their
power to prevent, suppress or report them;
4) Identify the victims, meaning persons who, individually and collectively, suf-
fered harm, including physical and mental injury, emotional suffering, economic
loss or impairment of their fundamental rights in other ways. The process of
identification also has to include, apart from the family and dependents of those
disappeared and killed, such other persons who suffered harm in the process of
attempting to prevent these offences and in helping the victims;
5) Quantify compensation and develop other measures of restitution and rehabili-
tation on criteria to be evolved through the determination of the aforementioned
issues.
The Commission Rejects our Review Application
After marshalling all our arguments against the 13 January 1999 order, the CIIP
submitted a review application requesting the NHRC to seek directions from the
Supreme Court about the issues that we had raised, if it was not willing to review its
own order. Section 18(2) of the Protection of Human Rights Act specifically man-
dates the commission to approach the Supreme Court or high court for such direc-
tions, orders or writs as that court may deem necessary. The Supreme Courts 12
December 1996 order explicitly mentioned that if any approval or further assis-
tance from this Court is necessary, the same may be sought by the commission.
Our application also requested the NHRC to withhold the publication of the public
notice, which it proposed to issue on 31 January 1999, until our review application
was considered.
The NHRC decided to publish the public notice and dismissed our review appli-
cation with an order released on 24 March 1999. The order said that the commis-
sion had carefully considered the CIIPs arguments, which it raised earlier and now
reiterated. The relevant question was not whether the commission should investi-
gate the serious issues arising out of what was perceived as a violation of human
rights on a mass scale. The relevant question was whether the remit and the man-
date of the Supreme Court, from which the commission drew its jurisdiction, per-
mitted this. It was the commissions view that the directions of the Supreme Court
did not envisage a wider investigation of all of the alleged extra-judicial executions
or enforced disappearances in Punjab, but specifically referred to the issue of the
cremations of 2,097 bodies as unclaimed bodies in the police districts of Amritsar,
Patti and Tarn Taran.
Regarding the systemic patterns of killings that culminated in the cremations,
the order stated that if such patterns were disclosed from the examination of the
2,097 cases of cremations, it would then consider what further action to take within
the remit. Elucidating the NHRCs methods to determine the illegality of crema-
tions, the order explained that apart from inviting claims from the members of
the affected public, it had also directed the Punjab government to explain each
cremation in the three police districts. The government had to file, before 10 March
1999, a chronological list of all the cremations done in the three cremation
grounds between June 1984 and December 1994 and, also, explain in respect to
135
Human Rights Obligations Interim Report, Op. Cit, pp. 102-103; Amnesty International Report
ASA 20/24/99, August 1999, India: A Vital Opportunity to End Impunity in Punjab, p. 5.
136
Human Rights Obligations, Pub. CCDP, Chandigarh, August 1999, Op. Cit.
each cremation whether the authorities had observed the rules for cremating un-
claimed and unidentified bodies. If necessary, and at the appropriate stage, the NHRC
would examine the details about the authorities compliance or non-compliance
with the rules and their consequences.
The order also declined the suggestion that the NHRC should seek further direc-
tions from the Supreme Court on the scope of the inquiry, because it had no doubts
on the mandate from the Court. Thus, the review petition was dismissed.
Some months later, by an order dated 5 August 1999, the NHRC also rejected our
plea for disclosure and inspection of status reports from the CBI. This rejection of
our prayer for access to the reports filed by the CBI before the Supreme Court fol-
lowed the trend displayed by the commission while dealing with the main case. We
had requested access to the CBI reports because, in our view, it was not possible to
proceed, even with respect to the limited mandate that the NHRC had adopted with-
out a careful perusal of the CBIs report.
135
After the passing of this order of 5 August
1999, the CIIP felt that there was no purpose in participating in the proceedings be-
fore the NHRC without first trying to persuade the Supreme Court to intervene in the
matter and restore a modicum of rationality to the proceedings. Thus, thereafter, the
CIIP was not represented before the commission till 15 February 2001. This marked
the end of the second phase of the proceedings before the NHRC.
Third Phase: The Grounds for Moving the Supreme Court
Having failed to persuade the NHRC to either review its order, in the light of our
submissions, or refer the matter back to the Supreme Court for clarification, as it
had been mandated by the Court, we had no option but to take the latter course
ourselves. As we have already said, the restrictions imposed on the inquiry funda-
mentally affronted our understanding of truth and restorative justice. As the com-
mission pointed out in its 4 August 1997 order, the Court retained seisin over the
matter and any determination by the NHRC, wherever necessary and appropriate,
would be subject to this power of approval.
The Light of Further Evidence
Our disappointment with the NHRC made it even more imperative for us to continue
with documentation work that was being done under the aegis of the CCDP. The
further evidence that we introduced in our interim report
136
heightened the absurdity
inherent in the commissions order of 13 January 1999 as well as its subsequent order
of 24 March 1999. Through this work, we conclusively established that what had
happened in Amritsar was repeated in other districts in the state.
The evidence that we presented there had two distinct components. The first
part consisted of municipal corporation records of illegal cremations at six crema-
toria, all outside Amritsar. The records are from Zira, Mansa, Kapurthala, Faridkot
and Ludhiana.
The second part of the evidence drew from victim-testimony and survivors dis-
course, which the committee had assiduously compiled by recording interviews
with the close relatives of those who had been abducted, disappeared, killed, and
cremated, and by having them fill an incident report form, designed to capture
complaints of human rights violations with all their ramifications.
Empyrean Indifference
Our application to the Supreme Court for clarification was filed on 24 August 1999.
We waited till the interim report was released before filing this application. The
succinct, 30 page application was accompanied by nearly 450 pages of annexures.
A copy of the interim report was also annexed, apart from all other relevant docu-
ments emanating from two-and-a-half years of proceedings before the NHRC. Given
our lack of success at persuading the NHRC, despite having an impeccable case in
law as well as on facts, we chose to request Gopal Subramanium, an eminent senior
advocate at the Supreme Court to argue the application. The application was listed
before a bench comprising Justice Saghir Ahmed, who together with Justice Kuldip
Singh had passed the original 12 December 1996 order, and Justice M. Jagannadha Rao.
After summarizing the proceedings in the case before the NHRC up to the date
of filing of the current application, we drew the Courts attention to the work of the
CCDP in documenting as completely as possible, cases of alleged disappear-
ances in Punjab during the period 1984 to 1995. Referring to the recently pub-
lished interim report, the application summarized its findings as follows:
Disappearances have occurred in all districts of Punjab as well as some dis-
tricts of Haryana. About a quarter of the cases are from Amritsar district;
They have occurred every year from 1984 till 1995 with the maximum disap-
pearances (more than half the total number) taking place between 1991 and
1994;
People from almost all walks of life became victims, including doctors, law-
yers, journalists, teachers, state and Central government employees, students,
businessmen and, even, policemen, army men, BSF jawans etc;
The disappeared range in age from 4 years to 90 years;
In over 25 per cent of the cases, the police, apart from illegally abducting the
victim, destroyed, damaged and confiscated family property;
In over 60 per cent of the cases, one or more family members of the disappeared
person suffered moderate to severe psychological trauma, including insanity;
In over 25 per cent of the cases, at least one other member from the family of the
disappeared person died (including suicide) as a result of the trauma of the dis-
appearance;
In nearly 25 per cent of the cases, the police abducted (and killed) more than one
member of the same family;
In over 90 per cent of the cases, the disappearance was accompanied by brutal
custodial torture, including rape, of the victim as well as of close relatives;
In over 60 per cent of the cases, there are eyewitnesses to the illegal abduction;
In about 35 per cent of the cases, those who eventually disappeared or were
shown by the police to have been killed in encounters etc., were seen by their
relatives, in police custody, subsequent to their abductions;
In nearly 60 per cent of the cases, the persons who had disappeared were
subsequently reported by the police to have been killed, either as a result of an
encounter or while escaping from police custody;
Over 85 per cent of the families of the victims did not seek any judicial redress
for the recovery of their disappeared family member from fear of police re-
prisals. The cases of those who approached the court, mostly the Punjab and
Haryana High Court, in petitions for writs of habeas corpus, were mostly dis-
missed following routine denials by police officials;
The bodies of the abducted persons were returned to the families for cremation
in less than 10 per cent of the cases;
In addition to the details regarding their own family members, who had disap-
peared, the families of the victims disclosed knowledge/information on 390
additional cases of illegal abduction leading to disappearances and custodial
murders, explained away as encounters or escape from custody.
Thereupon, the application contended :
The interim report is a stark document. It establishes beyond doubt that disap-
pearances occurred all over the state. It also establishes that illegal disposal of
bodies was not confined to three cremation grounds in Amritsar. [and] that
the starting point of any investigation into the matter has to be the allegation of
disappearance ... [I]t would be entirely misconceived to treat cremations as
definitive of the crimes committed. ... [E]ven assuming, as the NHRC holds,
that the petitioners were required, in law, to provide specific details/ informa-
tion regarding the larger issues, the same stands satisfied [A]s such there
can be no justification for restricting the inquiry to the numbers or the
area mentioned in the orders dated 13 January 1999 or 24 March 1999.
The application also referred to the continued insistence of the NHRC about
keeping the CBIs report secret and submitted that, even going by the position evi-
denced in the NHRCs order dated 13 January 1999, it was necessary to give the
parties access to the CBIs report. In this context, it was submitted that the court
should also rule on the issue of confidentiality. The application asked for direc-
tions to the NHRC to:
Investigate and give its finding on every complaint of illegal abduction, en-
forced disappearance, arbitrary execution and disposal of dead bodies carried
out throughout Punjab;
Examine the antecedents, circumstances, character, and contexts of such viola-
tions to determine the variety of overlapping rights inherent in the rights to life,
liberty and equality before the law, which have been destroyed;
Determine the multi-fold spiral of responsibility that permitted such a system-
atic practice of crime against humanity, including the identities of officials and
agencies that conducted, connived or knew, and did not take measures in their
power to prevent, suppress or report them;
Identify the victims, i.e. people who individually and collectively suffered harm,
including physical and mental injury, emotional suffering, economic loss, or
impairment of their fundamental rights in other ways. The process of identifica-
tion must also include, apart from family and dependents of the disappeared and
killed, other persons who suffered harm in the process of attempting to prevent
these offensives and in helping the victims;
Quantification of compensation and development of other measures of restitu-
tion and rehabilitation, including suggestions for ensuring that such crimes are
not repeated in the future, must then be evolved based on criteria through the
determination of the aforementioned issues.
For the attention that the Supreme Court paid to the arguments made in the
application, one might as well have gone to it with a three page request. Supreme
Court advocate Gopal Subramanium had read the interim report before appearing
in court to argue the application. His arguments, therefore, had the fervor of per-
sonal conviction.
The Court dictated the following verdict: We are not prepared to interfere with
the order of the NHRC or the proceedings which are being conducted there at the
instance of this court. If any fresh instances of killing or disappearance have come
to the notice of the applicant, which were not the subject matter of enquiry of the
CBI, the applicant may either approach this court under Article 32 of the Constitu-
tion or take recourse to any other remedy available under law including a writ peti-
tion under Article 226 of the Constitution. Applications for clarification and stay
are rejected.
By refusing to interfere, the Supreme Court gave its stamp of approval to the
view taken by the commission in its order of 13 January 1999 and reiterated in the
order of 24 March 1999. Having declined to interfere, there was no call for the
Supreme Court to record that we, the petitioners, could bring fresh instances of
killing or disappearance which were not the subject matter of the enquiry of the
CBI to the notice of the justice system by invoking Article 32 or Article 226 of the
Constitution.
Our chagrin was complete. It seemed to us that the entire case that was initiated,
in a sense, because Jaswant Singh Khalra disappeared, had been nullified. The forces
of impunity seemed to have prevailed and we saw no point in attending the hearings
in the case before the NHRC.
Third Phase: Withdrawal from Hearings
The third phase of the proceedings before the commission commenced with our
decision to abstain from the hearings though keeping track of them through the
copies of the orders. Superficially, our absence from the hearings ought not to have
made any difference to the proceedings. It is a settled principle of public interest
137
Sheela Barse Vs. State of Maharashtra, AIR 1983 (SC) 378
law in India that the petitioner does not have dominus litus in such matters. In such
cases, the Supreme Court has held, the lis is between the court and the offending
party or parties. The petitioner is merely the person or the party that draws the
attention of the court towards the illegality or the violation. Once the court is seized
of the matter, the role of the petitioner, in effect, abates. Thereafter, the petitioner is
permitted to be present before the court at its discretion only until and to the extent
that the petitioner continues to assist the court in its duty of upholding the rule of
law. Justice Venkatachaliah had himself laid down this law in the famous Sheela
Barse case.
137
The logic of the Courts decision cannot be faulted. A matter of public interest
cannot be made subject to the whim of an individual or even a group or an associa-
tion of individuals. The court seized of the matter is deemed to be the guardian ad
litem of both the issues and the affected persons. Such a decision presumes that the
court discharges its function as guardian with all seriousness and sincerity. What
shall, however, be the remedy when the court fails to discharge its solemn duties as
guardian and trustee of the public weal? A brief chronology of the proceedings
before the NHRC after 18 June 1999 till the time when we re-entered the fray should
explain the relevance of this question:
5 August 1999: The CIIP was refused access to the CBI reports. About two
paragraphs of the order are devoted to the furnishing of additional office space
or chambers made available to the commission by the Central government,
demanded by the commission specifically for a separate secretariat to deal
with the thousands of claims expected to be filed in this case. From the incep-
tion of these proceedings, the NHRC had impressed upon both the Central and
state governments the necessity for additional funds, infrastructure and facili-
ties to enable it to discharge the enormous responsibility thrust upon it by the
Supreme Court. In partial discharge of this, the commission had, previously,
compelled Punjab to deposit Rs. 2.5 million with the commission and had is-
sued a direction to the CBI to furnish a list of cases in which it has filed charge-
sheets.
16 September 1999: The CBI did not comply with the above direction. Since no
one was present on behalf of the CBI, the commissions registry directed the
issuance of a notice to the CBI and its counsel to comply with the direction
forthwith. The Punjab police excused itself from furnishing a statement as to the
cases they are contesting or in which cases they propose to agree for grant of
compensation etc on account of the forthcoming elections to Parliament. It was
recorded that the commission had been allotted two rooms in Jailsalmer House
and that the job of furnishing them was almost complete.
28 October 1999: Adjourned, as the Punjab government had still not made up
its mind as to the cases that it would contest and those that it would not.
2 December 1999: Once again Punjab sought an adjournment, which was granted.
While doing so, the Commission recorded that as per the state government,
once the exercise was completed, the matter can be disposed of on that
basis. This was the first date which Justice Verma presided over a hearing in
this case.
19 January 2000: Punjab government placed on record the fruit of their exer-
cise. The 88 claims received by the NHRC were classified into three lists.
Annexure A was a list of 23 cases that were outside the purview of the com-
mission, as the cremations, allegedly, had been carried out outside the district of
Amritsar. Annexure B comprised 47 cases in which the Punjab government
asserted that claims had been made under one jurisdiction or the other.
Annexure C was a list of 18 cases in which, without minutely examin(ing)
the correctness of the claim, the state government concede[d] for the pay-
ment of Rs. 1 lakh [Rs. 100,000, approximately US $ 2,000] in each case
but it is the stand of the state government, Union of India is under
constitutional obligation to support it. The rest of the order was devoted to
directions to various parties: The commissions registry with respect to the first
list, the Punjab government with respect to the second list and the Union of
India regarding the sharing of the burden with respect to the third list.
1 March 2000: At the request of both the Union of India and the state of Punjab,
the case was adjourned.
30 March 2000: Once again, the case was adjourned as the state parties were not
ready with their home work.
6 July 2000: Solicitor General of India Harish Salve appeared for the Union
government. The commission opined that the dispute between the state and the
Central government as to who was liable to pay, should not be decided by it as
examination of the preliminary objection would only delay determination of
the real question regarding the quantum of compensation and its payment to the
victims.
20 July 2000: The case was adjourned without any meaningful activity.
18 August 2000: This was the order that galvanized us to intervene in the matter
once again. By this order the commission articulated its approval of the scheme
of compensation proposed by Punjab in January 2000. We shall deal with this
order in greater detail, below.
30 November 2000 : A new counsel appeared on behalf of the CBI and sought
time to comply with the directions of the commission dated 24 March 1999.
Thus, almost immediately after the NHRC decided to only look at cremations in
Amritsar district, it forgot all about its own decisions and proceeded to concentrate
on two things: [1] The processing of the 88 claims received by it in accordance
with the state governments plan; and [2] taking possession of the additional ac-
commodation obtained by it from the Central government. All of the parties and
their counsel appearing in the matter happily agreed with this state of affairs. With-
out our intervention they would have happily closed the case as complete by grant-
ing a sum of Rs. 100,000 to the next of kin of the 18 disappeared persons in whose
cases the Punjab government had magnanimously declared itself willing to com-
pensate without examining the correctness of the claims. To gather the full im-
port of this sequence of events, it is necessary to recount the facts in some detail.
Attempts to Close the Matter
Pursuant to its 13 January 1999 order holding that its remit from the Supreme Court
mandated it only to inquire into the 2,097 cremations in Amritsar district cited in
the CBIs lists, the NHRC issued a public notice in Punjab. The notice required
each claimant to swear on oath that their disappeared kin had been cremated in one
of the three cremation grounds of Amritsar investigated by the CBI. The absurdity
of this stipulation has been elucidated in the preceding paragraphs. Owing to the
defects inherent in this public notice, the NHRC received only 88 claims from people
in Punjab. By this method, in a space of less than four years, the established order of
things succeeded in scaling down a case pertaining to the disappearance of thou-
sands of people all over Punjab to 88 cases.
The Punjab government further categorized these 88 cases. In a letter dated 17
January 2000, the Punjab government, department of home and justice affairs (hu-
man rights cell) wrote to the counsel representing it before the NHRC. The letter
referred to proceedings before the NHRC on 5 August 1999. On that date the com-
mission had allowed the request of the counsel for Punjab for copies of the claim
statements for correlating as to in which cases the state admits the claims for dis-
posal and proceed with the matter on that basis and to verify in which case the state
disputes the same. The letter dated 17 January 2000 informed the state governments
counsel that it had decided as follows with respect to the 88 claims:
Twenty-three claims do not fall in the police districts of Amritsar, Majitha and
Tarn Taran. As such they do not fall within the purview of the present reference.
This list is annexed as Annexure A.
Forty-seven claims are such that although geographically they fall within the
above police districts, they are ineligible for compensation. They have either
approached other agencies like the high court, district courts or the state human
rights commission, or they are under investigation by the CBI. Therefore, it
would be appropriate that compensation in such matters be awarded after the
final disposal of the matter. A list of such cases is given in Annexure B.
Eighteen cases qualify for consideration by the NHRC for payment of compen-
sation. It is stressed that the state has not conducted any detailed examination of
these cases on merits nor is there any admission of any kind by the state in these
matters. These suggestions are being given with the view to settle the matter and
also as per the suggestions of the NHRC. This list is annexed as Annexure C.
At the hearing on 19 January 2000, the counsel for the Punjab government placed
his clients letter dated 17 January 2000 on the record. The NHRC asked the Cen-
tral government whether it would agree to bear the burden of paying the compensa-
tion in the 18 cases, forming part of Annexure C of the Punjab governments letter
dated 17 January 2000, pending a resolution of the dispute between the Central
and the state government over whose liability it was to pay. On 1 March 2000 the
case was adjourned at the request of both the state of Punjab and the Union of India.
On 30 March 2000, the case was again adjourned at the joint request of the parties.
On 6 July 2000, the Solicitor General Harish Salve appeared before the NHRC to
plead for his client. The proceedings record that the dispute between the Union and
the state of Punjab does not appear to us (the commission) to be a question which
needs to be decided in the present case. We are also of the opinion that a question
like this is best left unadjudicated, as far as possible.
On 18 August 2000, the solicitor general again appeared to plead for the Gov-
ernment of India. After hearing the parties, the NHRC recorded as following: The
second category of 18 cases which are required to be considered by the commission
for payment of compensation is shown in Annexure C in the above said letter
[dated 17 January 2000]The material present in conjunction with the stand taken
by the State government, that it has neither conducted any detailed examination in
these cases on merits, nor does it admit its liability in these matters, but it offers
payment of compensation in accordance with its policy contained in letter dated 29
August 1995 with a view to settle the matter as also in view of the suggestion of the
NHRC, alone is sufficient to render the state government liable for payment of
compensation on the above basis. For this conclusion it does not matter whether the
custody was lawful or unlawful or the exercise of power of control over the person
was justified or not; and it is not necessary even to identify the individual officer or
officers responsible/ concerned.
We had refrained from attending hearings before the commission after it re-
jected our request for a disclosure of the CBIs report. The last hearing attended by
the CIIP was on 18 June 1999. However, we continued to receive copies of the
orders passed by the commission from time to time, through which we followed the
case. On receiving a copy of the commissions order dated 18 August 2000, we felt
that the outrage being committed in the name of justice to the victims of involun-
tary disappearances in Punjab had gone too far. The NHRC was not even embar-
rassed by the fact that though it had itself asserted its mandate to be the 2,097
cremations carried out at the three cremation grounds in Amritsar district investi-
gated by the CBI, it now connived with the Punjab government to close the matter
by paying Rs. 100,000 to families of 18 persons. The Punjab government did not
dispute the enforced disappearance leading to illegal cremations in these cases,
but proposed to compensate without admitting liability and without examining the
cases on merits. The commission was not even embarrassed by the anomaly that the
state was simultaneously disputing 47 claims in Annexture B on merits.
Earlier, the NHRC had used the CBIs report to limit the scope of inquiry to
Amritsar district. The report included a list of 2,098 cremations: 582 fully identi-
fied, 278 partially identified and 1,238 as yet unidentified. By its 5 August 1999
order, it rejected our application for disclosure and inspection of the CBIs report,
as also the periodic reports on the progress of its investigations into the issues of
criminal culpability ordered by the Supreme Court, on the grounds of confidential-
ity and public interest. What did the commission do to identify the 1,238 crema-
tions listed in the CBIs report? What did it do to compensate the legal heirs of 582
fully identified and 278 partially identified cremations? In its 5 August 1999 order,
the commission referred to the CBIs investigations into the criminal liability of
public authorities for the deaths and the cremations. What meaning could these
opaque investigations have while the NHRC exulted in the governments offer to
compensate 18 claimants from Annexture C without admitting liability, while dis-
puting 47 claims from Annexture B on merits? Why shouldnt these aggrieved fami-
lies in Punjab believe that the NHRC is anything other than a puppet arm of the
state, organized for the consumption of Western donors?
Once again, I traveled to Punjab to meet the families of the 18 persons and,
after placing the facts before them, to elicit their views on the issue. The response
that I received was overwhelming. The families of all 18 persons outrightly rejected
the proposal of compensation on the terms offered. They had been coping with the
trauma of their relatives enforced disappearance in the hope that some day the
institutions in India would wake up to the imperatives of justice. They filled the
claim forms circulated by the NHRC in the belief that justice, founded on an impar-
tial and thorough investigation into their complaints, would form the basis for com-
pensation and other reparative measures. The proposal of compensation without
admission of liability, directly affronted the surviving relatives of victims for the
reason that, even if indigent, they had not gone to the NHRC begging. The proposal
of compensation offended also for the reason that no attempt had been made to
determine the wrongs and losses, which they and their families had suffered in the
course of coping with the atrocities inflicted on them by the authorities. The Su-
preme Court had granted compensation of Rs. 1,000,000 to the widow of Jaswant
Singh Khalra, who first highlighted the matter of illegal cremations and was there-
after disappeared by the police. In the connected cases arising from the same mat-
ter, the NHRC was offering Rs. 100,000. In the case of Khalras disappearance, the
court granted compensation after conducting an impartial enquiry and determining
the guilt of the officials responsible. In other cases, the proposal of compensation
rested on the basis that there would be no determination of liability or a finding of
guilt. The proposal was embedded in a discriminatory mindset as evident by the
fact that the state was disputing on merits the claims of 47 others in list B, while
proposing to grant compensation to 18 victim families in list C without admitting
liability or the merits of their complaints. The proposals became invidiously dis-
criminatory by excluding those who suffered similar abuses in other districts of
Punjab but were not cremated in one of the three cremation grounds specified in the
CBIs report to the Supreme Court.
Originally, it was our intention to file an application before the Supreme Court
once again to attempt a rectification of the fundamental errors committed by the
NHRC in the course of discharging its mandate. However, in view of public pro-
nouncements by the chairperson of the NHRC, who was greatly embarrassed and
irritated by the adverse publicity surrounding this episode, we decided to file these
affidavits before the commission along with an application seeking that the com-
mission at the very least act upon its order of 13 January 1999. This marked the end
of the third stage of the proceedings before the NHRC.
Fourth Phase: Restoration of the Restricted Mandate
The NHRC heard our application on 15 February 2001. In its order of that date, the
commission clarified that the scope of this enquiry relates to 2,097 cremations
according to the CBI report, out of which 585 were identified, 274 partially identi-
fied and the remaining 1,238 unidentified. In response to the public notice issued
by the commission, only 88 claims have been filed. It is obvious that as far
as practicable efforts must be made to inquire into all or as many out of 2097
cremations as possible and for that purpose the necessary particulars would be re-
quired. In respect of 585 cases, which according to the CBI report are identified, the
particulars available in the CBIs report should furnish the basis for proceeding
with the enquiry, irrespective of whether any claim has been filed in their respect or
not. In respect of the 274 partially identified, the available particulars have to be
utilized for making full identification and obtaining the requisite particulars to en-
able the enquiry to proceed. In respect of the remaining 1,238 unidentified crema-
tions, efforts should be made to obtain necessary particulars in every possible man-
ner so that an enquiry, if possible, can be held. Our intervention ensured that, at
least, the case stood restored to the position that had obtained after the commissions
13 January 1999 order.
The fourth stage of the proceedings before the commission commenced with
this 15 February 2001 order. It concluded with the direction by the NHRC to the
state of Punjab, on 16 September 2002, to file their responses with respect to each
of the 583 identified cremations by 30 October 2002. To facilitate this, the NHRC
also directed the CBI to make available all records seized by it in the case. Natu-
rally, and as expected, the state of Punjab was unable to comply. And, by the date
of publication of this volume of our report, they had filed affidavits in less than 150
cases.
During the last two years there have been numerous hearings before the NHRC
but, once again, very little progress. In March 2001, the commission recorded that
the CBI would furnish a list of the persons cremated. The list would be in three
parts. List A consisting of fully identified persons, List B consisting of partially
identified persons and List C consisting of unidentified persons. On 3 May 2001,
these lists were provided by the CBI to all parties before the commission. On that
date, the commission directed the CBI as well as the Punjab government to produce
the entire material in their custody with respect to these cremations. The NHRC
suggested that: The first stage of enquiry of full identification of the maximum
number possible out of the total of 2,097 is completed as early as possible.
At a meeting held on 15 June 2001, the counsel for Punjab made it clear that his
client did not have any material with respect to the 2,097 cremations. He also made
it clear that he was not in a position to carry out the inspection of the records pro-
duced by the CBI. The inspection would have to be carried out by officers specially
deputed for the task.
On 19 July 2001, the NHRC permitted the parties and their counsel to have
assistance for the purpose of inspection of the records produced by the CBI. Pursu-
ant to this, the CIIP inspected the record produced by the CBI on 23 July 2001. On
that date, however, the inspection could not be completed. The CIIP, therefore,
requested for permission to once again inspect the documents produced by the CBI
on 26 July 2001. On that date, several officials of the Punjab government as well as
several Punjab police officials were also present in the inspection room. Ostensibly,
they too were there to inspect the CBIs record. Within minutes, however, it be-
came apparent that the government and police officials present in the room were
totally uninterested in the task of inspecting the record produced by the CBI. These
persons simply sat and watched CIIPs counsel and his associate while they con-
ducted their inspection. One of the government officials sat close to them in order
to overhear their conversation. Shortly thereafter, this official objected to the CIIP
being permitted to inspect a particular bundle of files. The assistant registrar of the
Commission, who was present in the room, immediately asked the counsel for the
petitioners to stop his inspection. No further inspection was allowed to be carried out.
The NHRC was bombarded with a series of applications filed by the IGP, (liti-
gation), seeking directions from the commission to bar the CIIP from inspecting the
record produced by the CBI. It was claimed that if any of the petitioner is allowed
to inspect the record, this purpose will not be really to facilitate and expedite the
process of identification, rather petitioner will be entrusted (sic) to rake-up undue
and irrelevant issues, with the aim of obstructing the process of identification. There-
fore, it is humbly requested, for the issuance of appropriate instructions in this re-
gard.
The CBI also filed an application under section 123 of the Evidence Act claim-
ing privilege, thereby seeking to debar the CIIP from inspecting the record.
At the next date of hearing on 20 September 2001, the NHRC, orally, vented its
ire against the obstructive tactics adopted by the Punjab government police officers
and the CBI. It rejected the claim of privilege under section 123 of the Evidence
Act. However, in its order, the commission recorded: It does appear to us that
some practical method has to be devised for inspection of the records made avail-
able by the CBI for the purpose of identification of those partially identified and
unidentified bodies according to the lists already furnished, so that this matter can
proceed further as early as possible.
In effect, the NHRC granted the request of the Punjab government and the CBI
and, thereafter, the CIIP did not carry out any further inspection of the record pro-
duced by the CBI. As a compromise, a joint inspection of the material was carried
out under the supervision of R. Venkataramani, amicus curiae on behalf of the
NHRC in this case. It became clear during this inspection that the record produced
would be of very little help for any purpose. It, essentially, comprised of copies of
the First Information Report (FIR) registered by the police with respect to each
cremation, a copy of the post-mortem report, if any, in each case and sundry re-
ceipts for the purchase of firewood and a cloth necessary for cremating the body.
The police daily diaries, vehicle log books, wireless room log books, etc. and other
records that would establish the circumstances in which the body came into the
custody of the police were missing. Nor was there any material pertaining to the
investigation carried out by the CBI for identifying the cremated persons.
On 29 November 2001, the NHRC recorded that: We considered it appropriate
that without any further loss of time the proceedings can commence in relation to
582 identified, while simultaneously, steps can be taken for the identification of
partially identified and the unidentified The next step with respect to the fully
identified is to ask from the learned counsels their brief submissions identifying the
point of substance in relation to which further proceedings are to be taken and the
exact procedure laid down.
The commission also directed that the original FIRs with respect to 278 par-
tially identified cremations, be produced to help in the process of full identification
of these persons. It permitted the CIIP to produce any material available with it,
which would enable identification of many of the partially identified.
The framing of points of substance was a thorny process. The phrase is sim-
ply a fancy expression for the issues that are framed in all suits. On the face of it,
the issues of the case are simple. The important point was to ensure that while
framing the points of substance, the commission did not lose sight of the objectives
of the proceedings. With this in mind, on 18 December 2001, the CIIP filed its
submissions Re - Points of Substance to be framed by the Commission. Along with
the said submissions, the CIIP produced a list containing detailed information about
the personal and political backgrounds of 57 persons whose cremation was included
in the CBIs list of partially identified cremations. The Committee had on its own
identified these persons.
We suggested that the NHRC may appoint an expert body comprising emi-
nent persons known for their work in the field of human rights, including a retired
high court or Supreme Court judge, to assist it in the course of evolving modalities
for further proceedings in the matter. We pointed out that after receiving all the
information that the Punjab government was able to provide with respect to each
cremation, it will be necessary for the commission to elicit from the families their
version of how disappearances, deaths and cremations happened. The information
would have to be obtained in a properly designed pro-forma based on the incident
report form submitted by the CIIP in 1997.
Apart from specific information pertaining to individual cases, the commission
should seek submissions on the overall situation prevailing in the state during
the relevant period from various categories of persons such as lawyers,
teachers, university professors, politicians, religious persons, village council mem-
bers, retired government officials, including retired soldiers, journalists and
writers, etc.
The expert body to be appointed by the NHRC should examine all of the mate-
rial received by it and, if necessary, orally examine any person to obtain elucida-
tion, explanation and verification of the claims and the submissions. Thereafter, it
could give preliminary findings on the facts of each case and advise whether or not
the fundamental human rights of the cremated person or/and his family members
were violated. The process could then move onto the issues of compensation and
further action.
On 20 December 2001, the CIIP filed additional points before the commis-
sion. The purpose of these submissions was to emphasize that the points of sub-
stance had to be framed with clarity on the objectives of the proceedings before
the commission in consonance with the remit of the Supreme Court. The pro-
ceedings before the commission were part of public law jurisprudence and were
not in the nature of proceedings under regular civil or criminal laws. In other words,
the framing of the points of substance must further the objectives of the proceed-
ings and should lead to the determination of:
The nature, causes and extent of the violation of human rights inherent in the
facts of the case;
The circumstances and motives that led to such violations;
The identities of all persons, authorities and institutions involved in such viola-
tions, and
Whether such violations resulted from deliberate planning on the part of
the state or any of its organs or of any group or set of individuals connected
with them.
Finally, the points of substance framed by the NHRC and its subsequent actions
must be consistent with its normative framework and also help in ensuring that all
genuine victims of human rights violations receive just and reasonable reparation.
The NHRC was very displeased by the manner in which we had interpreted its
direction for proposing points of substance. During the hearing of the case on 20
December 2001, the NHRC made its displeasure very clear. The NHRC chairper-
son Justice Verma wanted all the parties to file the points of substance in a format
that is common in civil suits and regular criminal proceedings. He was dismissive
of the CIIPs submissions and called them irrelevant to the proceedings. On this
day, Indira Jaisingh, a senior Supreme Court lawyer and a well-known human rights
activist, was leading the arguments for the CIIP, which had no choice but to agree
to reformulate its submissions. In the end, we put together the following issues to be
determined by the NHRC:
Whether the death of the persons had been caused by the police? If yes, it was
necessary to determine the exact circumstances and motives leading to their death;
Whether the police were justified in causing the death of these persons and, if
so, by what authority of law?
Whether the above mentioned persons had been killed by the police while act-
ing as an agency of the state and for its purposes?
Whether the cremations was an attempt to destroy evidence of homicidal
crimes?
Whether the state and /or its agencies took all reasonable steps necessary to
identify the bodies in question and to hand them over to the next of kin in accor-
dance with the procedure prescribed by law?
Whether the next of kin of the persons so cremated are entitled to compensation
or any other form of rehabilitation and if so, to determine the basis and quantum
of compensation?
The last issue was to determine the action to be taken against the personnel
responsible for causing these deaths.
On 17 January 2002, the hearing was adjourned because of the absence of the
commissions counsel. On 4 February 2002, the NHRC considered the submissions
filed by the various parties and then framed the following points of substance in the
case: In the first stage we would like to confine ourselves to the 582 fully identi-
fied bodies. The issues which arise for consideration with respect to the fully iden-
tified bodies are:
Whether the officers of the state of Punjab or of the Union of India who were
connected with the cremation of the 582 fully identified bodies were not re-
sponsible for their death and, therefore, there was no violation of human rights
committed by them?
The liability of the concerned officers of these governments as a result of the
above?
In case of liability of the above officers, the consequent liability of the govern-
ments concerned; and,
Relief, including compensation, if any.
In view of the frame of the above issues the initial burden obviously is on the
concerned governments.
The commission asked the state of Punjab and the Union of India to furnish
such additional information or evidence as they chose in the case.
The 4 Februrary 2002 hearing concluded the fourth phase of the commissions
proceedings that had commenced with the CIIPs application for a rectification of
the proposal of compensation to 18 victim families without the admission of any
liability.
Stalled Proceedings
The NHRC did not hold any hearing in the case between 4 February 2002 and 2
September 2002. On 4

February 2002, the counsel for Punjab had indicated that the
new state government in Punjab, following the elections to the legislative assem-
bly, was likely to change the counsel representing the government before the com-
mission. He also requested the commission to adjourn the matter for at least one
month to enable the new government to find its feet and make such appointments as
it thought fit. The case was adjourned to 4 March 2002.
By a letter dated 1 March 2002, the NHRC informed us that due to unavoid-
able circumstances the hearing was being postponed to 11 March 2002. On 11
March 2002, it issued another letter postponing the hearing indefinitely.
Nothing was heard from the NHRC for several months thereafter. The terrible
violence in Gujarat, starting with the incident at Godhra and culminating in a sus-
tained and systematic pogrom against the Muslims of the state kept the commission
busy. The commission, under the chairmanship of Justice Verma, took a proactive
lead in decrying the happenings in Gujarat. While the Central government and the
regular hierarchy of the courts seemed to have abdicated their responsibilities for
upholding the rule of law, the commission forthrightly condemned the connivance
of various agencies of the Gujrat government in the perpetration of atrocities on the
states Muslim population. Having done his duty as the chairperson of the NHRC,
Justice Verma was, also, personally involved in persuading the UN Committee on
Human Rights to desist from issuing any statement of condemnation or censure
against the Government of India and Gujarat for their errors of commission and
omission.
The Punjab case was fixed for a hearing on 26 August 2002, but was again
adjourned and proceedings could resume only on 2 September 2002. R. S. Suri, the
new counsel for Punjab, explained to the commission the views of his government
on how the matter should proceed and asked for the reframing of the points of
substance, formulated by the commission on 4 February 2002. The application,
formally submitted by the Punjab government on this day, begins by referring to
the specter of terrorism now threatening the world following the 11 September
2001 attack on the symbolic towers of growth and prosperity in the heart of New
York City. It then refers to the dare devil attack on the citadel of democracy, the
(Indian) Parliament, (that) sent shock waves through every nook and corner of the
country. It connects these recent events to the extreme form of terrorism (1984
1994) that Punjab was exposed to in a schematic manner by the invisible hand
from abroad which for all intents and purpose was a precursor for the secession of
India and an attack on the very sovereignty and integrity of India. It contends that
the nature of attack was such as could not be confronted with a conventional army.
It states that the Punjab police bravely fought this soft war at a heavy cost to itself
suffering over 1,700 casualties in the process. A compilation of the martyrs of the
Punjab police was filed along with this application. It contends that the legal jus-
tice system had come to a grinding halt since there were no witnesses ready to
depose against any terrorist or terrorist incident. It points out that the quest for an
independent Khalistan had led to the formation of a government in exile and to the
printing of maps and currency.
The application contends that, in terms of the Protection of Human Rights Act,
1993, the NHRC is not limited to protecting the infringement of human rights caused
by representatives of the state but is also required to extend its protection to the
infringement of human rights by acts of terrorism. The application then suggests
that the points of substance, as framed by the NHRC, are unlikely to bring out the
correct facts in the correct perspective.
The application requests the commission to assess the gravity of human rights
violation in the background of the peak terrorism and in consonance with its statu-
tory functions . It also requests the commission to take into account that any
person whose reputation is likely to be prejudicially affected is not affected without
being heard, and also to ensure that it should not compromise a fair investigation
and a fair trial. In para 11 (e), the application submits: The time frame under
consideration of this Honble Commission was an extraordinary time. It was neces-
sary to take all steps to ensure that terrorists do not become role models for the
impressionable youth and that they are not glorified and eulogized. Some high pro-
file terrorists had gatherings in thousands, such as Toofan Singh, alias Jugraj Singh
of village Marhi Buchian of district Batala. An added area of concern for the state
was to ensure that attempts of the invisible hands to ignite communal tensions were
promptly contained. In this background substantive compliance was done even for
cremation/s. Detailed FIRs were duly registered, post mortem were conducted, in-
quest reports duly obtained and wherever possible and advisable, efforts were made
to inform the village head / near kith and kin.
The application then submitted that: To ensure that fair trial is not compro-
mised, the onus of proving the issue of substance should not be on the state but on
the petitioner committee..
The application also added that the mammoth task of translating FIRs from
Punjabi to English had been completed and that if required the same can be filed
with the commission preferably without the names of the police officers. The ap-
plication suggested reframing the points of substance as follows:
Whether there has been violation of human rights in not complying with all the
requirements of cremation of unclaimed bodies or there has been substantial
compliance and hence, no violation of human right in ensuring dignity of dead
body;
Whether prima facie any unlawful death has been caused by any employee of
the State/ Union?
Whether the factum of prevailing environment of terrorism in Punjab would
have a bearing in considering the issues of substance and consequent determi-
nation of damages under public law?
The criteria for determining liability of the concerned officers of these govern-
ments as a result of the above and consequent liability?
In case of liability of the above officers, the consequent liability of the govern-
ments concerned; and
Relief, including compensation, if any;
The onus of proof on all parties.
The sum and substance of this application is manifest. The state of Punjab, while
admitting its lapses, seeks to justify them on the basis of the so called state of war
that prevailed with a complete failure of the civil institutions, including the justice
system. It contends that despite these difficult circumstances, it had substantially
complied with the legal requirements pertaining to the bodies which, it contends,
were, in any case, merely directory not mandatory. This has been the refrain,
off the record, of the Punjab government and the Punjab police from the inception
of the case. They have orally admitted to all the allegations that we have made
against them, but sought to justify them by saying that it had to be done if India
were not to be balkanized.
Justice Verma refused to reformulate his points of substance. The counsel for
the state of Punjab sought further time from the commission so as to persuade his
client to the view of the commission. The case was adjourned for two weeks. On 16
September 2002, the commission recorded that the state of Punjab has appreci-
ated the fact that the burden of proof to show that they were not responsible for the
offences alleged against them was on the state government. The commission al-
lowed the state governments prayer for permission to inspect the documents with
the CBI and directed the state government to file their affidavit with respect to the
582 identified cremations by 31 October 2002.
The NHRC directed the next hearing of the case for 8 November 2002. How-
ever, the case was first adjourned to 21 November 2002 and thereafter adjourned
indefinitely. Meanwhile, the state of Punjab has filed less than 150 of the 583 affi-
davits that it was directed to file.
This is the six-year-long legal history of the matter of secret cremations in Punjab
after the Supreme Court, in December 1996, referred it to the NHRC to comprehen-
sively investigate and determine all the issues arising from the CBIs report, which
in its own words established flagrant violation of human rights on a mass scale.
Methodology 147
METHODOLOGY
CHAPTER THREE
Methodology 149
O
ne of the main objectives behind the creation of the Committee for Coordina
tion on Disappearances in Punjab (CCDP), as its memorandum of aims adopted
on 9 November 1997 says, was to develop a voluntary mechanism to collect and
collate information on those who had disappeared from all over the state, and to
ensure that the matter of police abductions leading to illegal cremations of dead
bodies proceeds meaningfully and culminates in a just and satisfactory final order.
From the beginning of our documentation efforts in Punjab, we recognized that
the arguments about the states human rights obligations and the rights of victims to
acknowledgement, restitution and reparation could have force only when the infor-
mation on the violations and their magnitude became available in an objective,
accurate and standardised form. In the face of stout denials by the state agencies
and a vehement campaign for impunity, a fault-proof case had to be presented if we
really cared enough about the matter of police abductions leading to secret disposal
of corpses, reaching a just and satisfactory conclusion. This required an effective
mechanism to undertake thorough investigative work at the grass-root level. Unfor-
tunately, the large number of organizations and individuals who joined the CCDP
were unable to participate in the tedious and unglamorous work of documentation
that involved traveling and living in villages for weeks on end. Only a small team of
volunteers persisted with the main objective behind the committees formation.
The first stage of documentation involved the filling of an incident report form
designed and circulated by the CCDP, by close relatives of victims, assisted by the
committees volunteers if the relatives could not read and write. The form was
designed with an equal emphasis on descriptive and factual information, seeking
political and family background, general circumstances of the disappeared persons,
as well as the dates and facts of atrocities and the evidence to corroborate the alle-
gations.
1
The number of forms and the dates on which the committees volunteers took
them were entered in a register, along with the volunteers names and addresses.
Similar entries, with names and dates, were also made when the volunteers returned
them to the office.
Those forms that were sent back by mail were entered in a separate register.
Every form was given a unique number and acknowledged.
If the information was inadequate or confusing, we wrote back with requests for
clarification and supplementary details.
A status report was prepared for every form after cross-checking the informa-
tion with the lawyer, if there was one involved, and the volunteer who assisted the
complainant to fill the form. This led to the second stage of verification, which
1
See Appendix II.
involved new interviews, to understand the complex and unique situation of each
victim and to guess its likely influence on the presentation of facts.
Transcripts of all interviews, when tape-recorded, and also all hand-written notes,
are included in the files of the incident reports with their unique numbering, along
with any other material, including press reports, court papers and personal letters
containing information on the cases. Their perusal would show the staggering com-
plexity of the verification process, with repetitive and circular questioning, check-
ing and cross-checking, all aiming at a complete and authentic reporting process.
Although the process was time consuming, strenuous and emotionally exhaust-
ing, not least because the dignity of victims requires that we talk to them at their
own pace and on their own terms, it has rewarded us with a wealth of information
and insights, which help us to better understand the larger systemic aspects of vio-
lations. The experience has also taught us some lessons in the techniques of fact-
finding. These should be useful to others involved in data collection in rural and
largely illiterate societies torn by political violence and state repression.
The Interview Process
To illustrate the intricacies of the work, we shall give one standard example: A
relative of the victim of enforced disappearance, such as a mother, a father, or a
wife, who is reporting the incident, is illiterate. The relative has acquired a copy of
the incident report form and has approached a local social worker who can fill it.
Most probably, a political worker from the area, loosely affiliated to the CCDP, has
gone to the family to record the incident. The straight and simple question in the
column to be answered is: When did the incident take place? That sounds simple,
but the reporting family member does not possess written notes on the incidents
details. The local newspaper either did not report the incident or the copy has been
lost. The reporter does not exactly remember whether it was four or five years ago.
It was just approaching winter and crops in the fields were so high; harvesting
was still so many weeks away. That is as close to the time of occurrence as you
can get by the narration. Or again, the family member may know the year but not
the month and the date; perhaps, if one is lucky, he may know even those details but
by the local variation of the Indian system of calendar, let us say 16
th
of Magh!
The volunteer who is filling the form can, of course, take down the information
verbatim. That would be easy to classify and enumerate, even resolve. He may have
his own ideas of exactitude, but not enough sense or training to extract it. Not liking
uncertain statements, he might resolve four or five years into a certain number and
calculate the year back as 1992.
Of course, there are methods to extract the definite year, month and date of the
incident even when the reporting relative is confused and does not have any written
evidence to offer. Someone in the village might have gotten married around that
time. Perhaps, someone in the neighbors family had had a baby, or a cousin of the
disappeared person had passed the school examination or had come home on a
short vacation from the army. Perhaps the Congress party had formed the state
government earlier in that summer, or there was an election to the village council of
elders a few months later.
Methodology 151
By determining a few such definite occurrences in the recollection of the report-
ing member, it would be possible to work ones count closer to the actual time.
However, the process involves tiresome investigative work, hours of interviews,
checking and cross-checking of facts and scanning of old newspapers. The volun-
teer might not have the patience, time or training for the task and so he might,
through his own guesswork, mention a wrong date in the form that carries the thumb
impression of the illiterate complainant.
The reporter says the incident happened on 16
th
of Magh. Our volunteer should
normally know that the Indian month of Magh belongs to the winter season, but
might not be able to work out the corresponding month of the Gregorian calendar.
In stead of recording exactly what he has heard, he may write down his conjecture
of the analogous month, which can be both January and February, and further viti-
ate the possibility of correction by swiftly guessing a date.
2
We have taken care to ensure accuracy of information and to correct errors that
could creep into the information system because of the uncertainties and ambigu-
ities of the interview-process in rural Punjab. It is, however, possible that our
database may still contain errors, hopefully not too many and only of trivial impli-
cations.
A Case for Exclusion
Let us consider one more example. A complainant, say XY Singh, is a well-to-do
farmer and can also read and write. On 22 August 1991, his son is abducted from
the local bus stand by unknown men. A shopkeeper who sees the kidnapping but
cannot identify the kidnappers, or does not want to reveal their names out of fear.
He is also afraid to become a formal witness.
Five days later, a newspaper reports the death of his abducted son in a supposed
armed combat between some officers of a police station in the district and a group
of unidentified militants. The report says that one militant, later identified as XY
Singhs son, is killed while others escaped.
XY Singh knows the report is false. He does not actually know which officers
abducted his son. But after reading the news report, he is convinced that the officers
who killed him in the supposed combat are the ones responsible.
With the intention of filing a petition before the high court, XY Singh consults
a local lawyer who tells him that unless there is a witness to identify the police
officers as abductors, the court would not entertain his allegation. So, under
the influence of this expert advice, XY Singh decides to introduce a false witness,
a relative, to claim that he was also at the bus stand when such and such
2
The Indian calendars divide a year of 360 days into 12 lunar months of 28 or 29 days, adjusting the
discrepancy with a complicated system of intercalating a leap month. The names of the months are:
Caitra or Chait (March-April), Vaishakha or Baisakh (April-May), Jyaistha or Jeth (May-June), Asadha
or Ashad (June-July), Shravana or Savan (July-August), Bhadrapada or Bhadon (August-September),
Ashvina or Asvan (September-October), Karttika or Kattik (October-November), Margashirsa or Makar
(November-December), Pausa or Paus (December-January), Magha (January-February), and
Phalguna or Phagon (February-March). Confusion and error, without a correct comparison, is
inevitable because the Indian months overlap two Gregorian months.
officers carried out the kidnapping. Or, he decides to change the scene of the
abduction to claim that the officers have picked up his son from his own house.
After receiving notice from the high court, the officers swear in an affidavit
disclaiming responsibility. The affidavit also contains some information
suggesting that they were at some other place when the abduction allegedly
occurred, and the court dismisses the petition. But the father feels compelled to
repeat the invented evidence before our volunteers, lest his incident-report should
appear inconsistent with the record of his statement before the high court. If the
person interviewing him is patient and persistent, and would not hesitate to revert
to him a few times after cross-checking the facts locally, he would know the
truth. If then XY Singh insists on consistency, the incident report is excluded
from the survey.
Integrity in Fact-Finding
It is through such a difficult process that our team of primarily three volunteers has
managed to collect 1,703 incident report forms in five years of its investigative
work starting from October 1997 to October 2002. An account of our experiences
in the field and the difficulties encountered by us in completing this task would
make an interesting saga, also useful to persons and organizations involved in simi-
lar work. That story will have to wait to be told another day, but some reflections
pertinent to the issues of integrity, credibility and fairness of fact-finding exercises
would be in order.
The fact-finding enterprise of the CCDP stemmed from the December 1996
reference to the National Human Rights Commission (NHRC) made by the Su-
preme Court after the CBIs report substantiated 2,098 illegal police cremations
carried out by the Punjab police in the three crematoria of Amritsar district and after
the Supreme Court concluded that flagrant violation of human rights on a mas-
sive scale had taken place. This was a conclusion already reached by the individu-
als and organizations that joined the CCDP, after years of human rights work in
Punjab. The terms of reference for the fact-finding enterprise defined themselves
by the necessity of capturing information on illegal arrests and detentions, custodial
torture, illegal confiscation and destruction of property, arbitrary executions, en-
forced disappearances and illegal disposal of bodies carried out by the security
forces in Punjab in a standardized and verifiable form helpful to the objectives of
justice and determination of reparation and compensation. We assumed that these
actions of the security forces in Punjab were wicked and violative of Indias domes-
tic constitutional guarantees as well as its international human rights obligations.
These assumptions constituted the subjective perceptive set or the normative propo-
sitions guiding our field research. In order to apply these clearly defined normative
standards to the endeavor of fact-finding, we reduced them into a set of neutrally
stated questions of particulars to be elicited objectively, through the design of the
incident report form, without interference from political passions and subjective
notions. Whereas our fact-finding enterprise has, thus, been circumscribed by the
given framework, we chose to apply a rigorous approach to obtain non-given
facts in question, to let the specifics of each case, captured in a standardized format,
Methodology 153
decide whether the wicked violations of fundamental human rights did or did not
occur. By getting every complaint on an incident report form, we have ensured that
the full results of our fact-finding remain open to disclosure, scrutiny and further
investigations. This also means that the allegations contained in the reports are written
down, specific in facts and can be called to scrutiny for disproof if the state agencies
choose to provide contrary evidence. Our method of capturing data guarantees that
the officials suspected of crimes against humanity can always obtain the specifics
of allegations to which they must respond, if they wish to, and cross-examine the
evidence and rebut them, if they can.
Unfortunately, as our experiment with the peoples commission revealed, the
state of Punjab and the agencies of the Union government involved in the counter-
insurgency operations implacably turned their back on our appeals to associate with
a more open and public discovery of facts. Their adamant refusal to cooperate in
any manner foreclosed our chances of testing the victim testimony against the con-
trary evidence possibly possessed by the state agencies. This not only compelled us
to limit our research to the testimony of the victim community, but also forced us to
follow rigorous standards in building our empirical and normative data base. While
designing the incident-report form, we had chosen to obtain signatures of our infor-
mants and to altogether exclude anonymous complaints. All the case summaries in
the following chapter disclose the full identifies of our informants from the convic-
tion that the Supreme Court and the NHRC, having retained seisin over the mat-
ter, would shield them against possible vengeful reactions. Naturally, we have taken
care not to disclose the names of witnesses, outside the immediate family respon-
sible for the complaint, to protect them from retribution by the state agencies.
We paid special attention in the selection of our field researchers to be sure that
they were impartial, free of commitment to a specific outcome, responsible to
their consciences alone and qualified to distinguish objective facts from slanted
information, as C. Wildred Jenks of the International Labor Organization insisted.
3
The emphasis on impartiality and independence of researchers actually contributed
to the thinning of the committees ranks. But we chose to loose the bodily strength
of the committee rather than compromise with the sanctity of data and the inflex-
ibility in the standards of research.
Interim Report
By the end of July 1999, the CCDP had already compiled 849 cases, involving
involuntary disappearances and arbitrary executions. The compilation served as the
basis for an in-depth analysis of 838 incident reports, which was included in the
committees interim report released in August 1999. The survey had the following
highlights:
3
C. W. Jenks, The International Protection of Trade Union Rights, in The International Protection of
Human Rights, 210, 239, [Ed. Luard, 1967]
Educational Profile
Year Number of Cases
Primary 96
Middle 136
High School 280
Higher Secondary 68
Arts graduates 57
Science graduates 4
Law graduates 3
Medical graduate 1
Diploma in Engineering 4
Post-graduates 7
Illiterate 182
Total 838
Distribution by Age
Age Number of Cases
15-20 142
21-25 256
26-30 157
31-35 86
36-40 51
41-45 34
46-50 21
51-55 17
56-60 15
61-65 4
66-70 7
71-75 3
76-80 4
Unknown 38
Total 838
Distribution by Year
Year Number of Cases
1984 22
1985 2
1986 7
1987 28
1988 33
1989 47
1990 57
1991 181
1992 257
1993 135
1994 21
1995 9
1996 0
1997 0
Unknown 39
Total 838
Occupational Profile
Occupation Number of Cases
Farmers 398
Wage earners 81
Students 69
Technical self-entrepreneurs 47
Policemen & officers 37
of security forces
Drivers 35
Businessmen 31
Religious workers 22
Professionals 22
Electricity workers 16
Revenue & administration 16
Agro-enterprises 17
Miscellaneous 12
Bank & accounting 4
Unemployed 28
Unknown 17
Total 838
Distribution by District
District Number of Cases
Amritsar 287
Bhatinda 47
Faridkot 2
Fatehgarh Sahib 19
Ferozepur 11
Gurdaspur 119
Hoshiarpur 9
Jalandhar 9
Kapurthala 11
Ludhiana 69
Mansa 7
Moga 11
Nawan Shahr 4
Patiala 23
Ropar 79
Sangrur 126
Other 5
Total 883
Methodology 155
Marital Status
Out of 838 victims, 403 were married and 435 unmarried.
Deaths Under Trauma
In 222 out of 838 incidents, one or more members of the families are reported to
have died under trauma.
Psychological Impact
The psychological impact of these incidents, leading to psychopathological conse-
quences, is widespread. This presumption follows from the fact that 500 out of 838
cases report morbid psychological effects, including insanity, on one or more mem-
bers of their families.
Destruction of Property
In 58 out of 222 cases, involving deaths of close relatives under trauma, the security
forces also illegally destroyed, damaged and confiscated family properties. In all,
the security forces, mainly the Punjab police, destroyed, damaged and confiscated
family properties in 224 cases.
Abductions from Homes
More than 241 persons, who subsequently disappeared, were abducted from their houses.
Eyewitnesses
There are eyewitnesses to 530 cases of police abductions.
Seen in Police Custody
In 290 cases, persons who eventually disappeared or were said to have been killed
in armed combats, had been seen by their relatives in police custody subsequent to
their abductions, most often in lock-ups of police stations and interrogation centers.
Judicial Recourse
Relatives of 149 victims of disappearances approached the courts, mainly the High
Court of Punjab and Haryana, with petitions for writs of habeas corpus. Most peti-
tions were dismissed following routine denials by officials. Some petitions are still
pending although petitioners themselves remain ignorant about the proceedings.
The majority of victim families, 689 to be exact, did not approach the courts either
because of fear of the police or indigence.
Newspaper Reports
Four-hundred-sixty-seven of these incidents were reported in the local newspapers,
mainly on the basis of police briefings and handouts claiming deaths either as the result
of supposed armed skirmishes, called encounters, or as escapes from police custody.
Disclosure of more Disappearances
In 127 cases, relatives claimed to possess sensitive information on other incidents
of illegal abductions and custodial murders. They disclosed 390 additional cases of
illegal abductions leading to disappearances and custodial murders explained as
encounters or escape from custody.
Multiple Family Incidents
In 193 cases, more than one member of the family was abducted, disappeared and
killed.
Return of Dead Bodies
Only in 74 cases, the police returned the bodies to the families for cremations.
Custodial Torture
Seven-hundred-fifty-nine incidents report brutal custodial torture, including rape,
not only of the victims who eventually disappeared or got killed, but also of their
close relatives.
The analysis and the highlights of all the 1,703 incident reports, which the CCDP
has compiled so far, would be presented in the second volume of this final report.
First Volume of Final Report
In this first volume of the final report, we are presenting the summaries of 513 cases
of police abductions leading to illegal cremations in Amritsar district that figure in
the three lists of cremations offered by the CBI along with its December 1996
Methodology 157
report to the Supreme Court of India. We have personally investigated these 513
cases which offer information on 672 people from the CBI lists. Out of the 672
cases, 444 are from the list of 582 identified cremations, 79 are from the list of 278
partially identified cremations and 149 are from the list of 1,238 unidentified cre-
mations. Besides matching names, fathers names and places of residence, where
available, we correlated the records in the CBI lists with our incident report forms
by matching police stations and by comparing dates of cremation with newspaper
reports based on police handouts giving the date of death, or our informants knowl-
edge about the death or cremation. The analytical notes, before the presentation of
summaries, highlight their salient points and underscore the legal anomalies and
factual discrepancies in the CBIs investigations, the police operations, the use of
TADA, custodial torture, expropriation and destruction of property belonging to
victim families, the role of the military and paramilitary forces, functioning of the
lower judiciary and the role of doctors, as evinced by 513 case summaries.
The CCDPs database contains a total of 889 incident reports from Amritsar
district alone. The remaining 376 incident-reports from Amritsar district, along with
814 from other districts in Punjab, will be presented in the second volume of the
final report. The second volume will also contain a comprehensive analysis of the
CCDPs entire database and its highlights.
According to our estimates, only 10 per cent of the survivors from the families
that suffered enforced disappearances and arbitrary killings have, in any manner,
come forward to give reports. That is also the ratio of people who approached the
judiciary or other institutions for redress. This leaves about 90 per cent of the cases
that have remained undocumented. This should be a cause for concern not only to
human rights organizations but also to those members of the scholarly community
interested in preserving history. The bulk of victim-testimonies, which we have
collected, have come from people who are old and might not live very long. Most
of them are poor and illiterate and do not understand the meaning of evidence or
the point of recording it. Yet they are the repositories of that evidence, which, un-
less quickly collated, risks being lost altogether. It is perhaps a challenge for the
members of human rights groups and others involved in recording contemporary
history to take up.
We will close this note with a quote from George Mangakis, a professor of
Penal Law at the University of Athens in 1969 when the military junta seized power
in Greece. Dismissed from the university for lacking in the spirit of conformity
with the regime, he was later arrested on charges of terrorism. In his Letter to
Europeans from his prison cell, Mangakis wrote: humiliated nations are inevi-
tably led either to a lethal decadence, a moral and spiritual withering, or to a passion
for revenge, which results in bloodshed and upheaval. A humiliated people either
take their revenge or die a moral and spiritual death. Once you realize the inevita-
bility of your peoples destruction, one way or another, your personal humiliation is
turned into a sense of responsibility.
4
4
W. L. Webb & Rose Bell, Eds., An Embarrassment of Tyrannies: 25 years of Index on Censorship,
George Braziller Publisher, New York, 1998, p. 31
Analysis of Case Summaries 159
ANALYSIS OF CASE SUMMARIES
CHAPTER FOUR
In this chapter, we analyze our case summaries, focusing on applicable law
and the patterns and practices of human rights abuses. Our analyses focus
on the following topics: The characteristics of the Central Bureau of
Investigation (CBIs) actual investigation, abuse of police powers,
implications of the use of the Terrorist and Disruptive Activities (Prevention)
Act (TADA) on the notion of criminality, custodial torture, role of the Indian
armed forces, violations of property rights, complicity of the lower judiciary,
and the issues of medico-legal ethics.
The CBIs Three Lists of Illegal Cremations
The faults we found with the CBIs investigation are weighty; they go beyond mere
technical problems and raise fundamental questions regarding the integrity of the
institutions approach to this matter of illegal cremations. Some critical questions,
prompted by a comparison of the Committee for Coordination on Disappearances
in Punjab (CCDPs) data with the information contained in the CBIs lists, are:
A large number of those cremated were clearly named by the Punjabi press.
Why did the CBI fail to identify them?
Families of many victims spoke with the CBI officials and also filed informa-
tion at their office in Amritsar. Why did the CBI fail to use that information
while compiling its lists of cremations?
In many cases, the police handed the bodies to the families and the cremations
were carried out at their villages without the police presence. Why did the CBI
record these cremations as having been carried out by the police?
Finally, did the CBI purposefully conceal the identities of some of the people it
included on its third list of unidentified cremations?
This note will first present the basic information on the classification of crema-
tions in to three lists and will then discuss some of the technical, procedural and
moral problems that arise from an examination of the CBIs lists.
Details of the Lists
According to the CBI, cremation of 2,098 bodies under three police stations of the
Amritsar district, namely Taran Taran, Amritsar and Majitha, could be classified
into three lists: 582 cremation of identified bodies, 278 of partially identified and
1,238 unidentified cremations. Though the National Human Rights Commission
(NHRC) and the Supreme Court orders show a slight variation in the numbers we
use these numbers because they represent the current status of the CBIs lists.
The lists reveal irregular gaps in time between police cremations which, in the
absence of any explanation, are incomprehensible.
The list of 582 identified bodies under Tarn Taran police district starts with two
cremations carried out by Verowal and Patti police stations on 6 July 1984 and 21
July 1984. The third cremation on the list, with a gap of two years and 10 months,
is dated 10 May 1987. There are a total of five cremations in the year 1987; one in
May, another in July and two in October. The first cremation in 1988, under Tarn
Taran police district, is dated 29 February 1988 and the list shows a total of 23
cremations in that year. The cremations for other years are: 33 in 1989; 43 in 1990;
48 in 1991; 124 in 1992; 53 in 1993 and one in 1994.
Under Amritsar police district, the identified list shows the first cremation on 18
April 1988. The second cremation is dated 2 June 1988. The third cremation under
Amritsar police district, with a gap of more than 10 months, is dated 28 April 1989
and the list shows a total of four cremations in that year. The two cremations in
1990 are dated 30 August and show a gap of more than one year against the preced-
ing cremation on the list dated 7 July 1989. The cremations for other years are: 23
in 1991; 37 in 1992 and two in 1993.
The first cremation on the list under Majitha police district is dated 3 October
1987. The second cremation is dated 24 October 1987 and the third cremation, with
a gap of more than eight months, is dated 8 July 1989. The list shows a total of 13
cremations in 1989. For 1990, the list shows only four cremations; the first one on
28 February, the second on 22 March, the third, with a gap of six months, on 27
September and the fourth on 11 December 1990. The cremations for other years
are: 38 in 1991; 98 in 1992; 24 in 1993 and one in 1994.
The list of 278 partially identified bodies under Tarn Taran shows only one
cremation in 1984 dated 07 August. The second cremation, with a gap of two-and-
a-half years, is dated 7 February 1987 and there are a total of five cremations in 1987;
one in February, another in March, two in May and one in December. The first crema-
tion in 1988, with a gap of more than seven months, is dated 25 July 1988, and there
are a total of three cremations that year. The cremations for other years are: three in
1989; 14 in 1990; 33 in 1991; 49 in 1992; eight in 1993 and one in 1994.
Under Amritsar police district, the list shows three cremations in 1984, two of
them on the 11 August and one on the 12 August, carried out by Sadar police sta-
tion. The next cremation on the list was carried out on 18 September 1987. The list
shows two cremations in 1987, both carried out by C-Division police station on 18
September and 5 October. The list then jumps to 26 March 1988, leaving a gap of
more than five-and-a-half months, and there are a total of 10 cremations in that
year. The cremations for other years are: three in 1989; three in 1990; 17 in 1991;
21 in 1992 and two in 1993.
Under Majitha police district, the first two cremations are dated 8 October 1987,
carried out by Beas police station. The next two cremations on the list, with a gap of
five-and-a-half months, are dated 24 March 1988. Yet another cremation in 1988,
with its total of three, is dated 3 May 1988. The first cremation in 1989, with a gap
of more than nine months took place on February 16 followed by 14 cremations
later in the year. The number of cremations that took place in other years are: five in
1990; 22 in 1991; 42 in 1992 and 12 in 1993.
The first cremation on the unidentified list of 1,238 cremations under Tarn
Taran police district is dated 8 October 1984, and is, carried out by Bhikhiwind
police station. The second cremation, with a gap of nearly two years and nine months,
is dated 1 July 1987. The list shows a total of 10 cremations in 1987 under Tarn
Taran police district. The cremations for other years are: 18 in 1988; 52 in 1989;
102 in 1990; 209 in 1991; 188 in 1992; 59 in 1993 and four in 1994.
Under Amritsar police district, the list shows a total of 22 cremations in 1984;
18 of them took place in June, the month in which the Indian army carried out the
Operation Blue Star. Three of them, carried out by Kotwali E Division police
station, are listed on the 2 June 1984; two, carried out by Chheharta police station,
are on the 4 June 1984 and 12, carried out by Sadar police station, took place on 5
June 1984. One more cremation took place on 27 June 1984. Clearly, all these
cremations are linked to the deaths that occurred in the course of the assault on the
Golden Temple of Amritsar. The list also shows two cremations in August and one
in November. With a gap of more than nine months, the list then shows two crema-
tions on 16 and 19 August 1985, then again with a gap of nine months a cremation
on 2 May 1986, and two more cremations carried out by Sadar police station on 25
May 1986. The cremations for other years are: 15 in 1987; 23 in 1988; six in 1989;
42 in 1990; 75 in 1991; 51 in 1992 and 12 in 1993.
Under Majitha police district, the list shows four cremations in 1984; the first,
carried out by Jandiala police station on 5 June 1984, the second, carried out by Beas
police station, on August 14, and two other cremations, by Lopoke police station, on
20 September 1984. The list then jumps to two cremations carried out by Kathunangal
police station on 26 March 1986, with a gap of one-and-a-half years, and showing a
total of five cremations in that year. The cremations in other years are: 33 in 1987; 19
in 1988; 43 in 1989; 59 in 1990; 81 in 1991; 70 in 1992 and 28 in 1993.
Illustrative Case
We will use the case of Manjinder Singh, included in the CBIs list of partially
identified cremations, to raise some of the preliminary problems with the informa-
tion contained in the lists.
1
Twenty-four-year-old Manjinder Singh, son of Thakar
Singh and Gurnam Kaur, was a constable in the Punjab police and resident of Pakho
Ke village. He was unmarried.
After completing his higher secondary school, Manjinder joined the Govern-
ment Physical College at Patiala for a diploma in sports training. In school, Manjinder
had excelled at volleyball and participated in competitive matches at the inter-state
level. Due to his sports record, Manjinder was selected for the Punjab police while
he was still completing his diploma at the Patiala college.
In 1992, Manjinder returned to his village on leave and did not report back to
duty. He was under pressure from several relatives who had been threatened by the
militants to make him give up the police service. He had also received indirect
threats to quit the police department if he cared to protect his parents safety.
Manjinder decided not to endanger their lives and stayed away from the depart-
ment. Soon, he began to receive letters from his department to report back to duty,
but he ignored the letters.
On 28 or 29 April 1992 Manjinder went to Jandiala Guru town for some shop-
ping and, in the market, he met Gurdev Singh, son of Harbans Singh, and Major
Singh, son of Jagir Singh, both from his village. Their meeting was coincidental
and they walked together to one Bira Singhs watch repair shop. The Jandiala Guru
police, led by SHO Udham Singh, arrested Manjinder and his companions in the
market while one of them was getting his watch fixed. The police blindfolded all of
them and took them away in a police vehicle.
Manjinders sister Gurnam Kaur was also in the market and, noticing the
1
CCDP/01148, Sl. No. 396/58
commotion, she found out that the police had abducted her brother and two others
from her village. A large number of people had witnessed the abduction and, since
Pakho ke was very close to Jandiala town, the news of the abduction soon reached
Manjinders parents.
Manjinders brother Surjit Singh rushed to the Jandiala Guru police station and
learnt that the police had taken all the three persons arrested by the SHO to Amritsars
Mall Mandi interrogation center. The family members tried to make inquiries at the
Mall Mandi interrogation center but no responsible officer spoke to them. The
Jandiala Guru police registered a case against Major Singh but they did not ac-
knowledge the arrests of Manjinder and Gurdev.
On 7 May 1992, Manjinders family members read a report in the newspaper Ajit,
which announced his death in an encounter near village Dala Kalan. Another militant
named Gurdev Singh Bhutoo was also reported killed. The encounter had allegedly
occurred when the police took them for the recovery of weapons. The report quoted
police officials as suggesting that some militants lying in ambush attacked the police
vehicle and, in the ensuing exchange of fire, both Manjinder and Gurdev died. The
police had already cremated the bodies at the Durgiana Mandir cremation ground on
6 May 1992. The families collected the ashes from the cremation ground.
The newspaper reports about the encounter clearly identified both Manjinder
and Gurdev Singh and spoke about only two killings. The CBIs identified list shows
the cremation of Gurdev Singh on 6 May 1992, whereas Manjinders cremation
figures in the CBIs second list of partially identified cremations. In this entry, the
CBI gives the wrong name for Manjinders father; his fathers correct name is Thakar
Singh. Also, surprisingly, the CBIs list of unidentified cremations, under Sl. No.
397/259 and 398/260, shows two additional cremations carried out by the Jandiala
police on 6 May 1992 under the same first information report (FIR) No. 62/92.
These entries suggest that either the police killed more than two persons in this
alleged encounter or the police cremated two others not involved in the encounter
under the same FIR.
Manjinders elder brother Sharanjit Singh told the CCDP members that several
CBI officers had visited his house to make inquiries after the Supreme Court or-
dered an investigation into the matter of secret cremations. According to Sharanjit,
the officers recorded detailed statements from all of the families connected with
this episode. Sharanjit also claimed to have seen a CBI inspector traveling with
SHO Udham Singh, one of the accused in these abductions and killings. According
to him, Udham Singhs gunmen talked to the shopkeepers in Jandiala town and told
them not to admit to having witnessed the abductions.
This case highlights three of the issues that will be discussed below:
1. Incorrect names and addresses in the CBIs lists;
2. Failure of the CBI to further investigate the additional people cremated under
the same FIR numbers; and
3. Questionable behavior of the CBI officials.
Failure to Properly Identify People
Being the premier investigative body of India, the CBI could easily have accessed
victim families, eye-witnesses, newspaper reports and police records for its investi-
gation of the illegal cremations. Here are two simple examples of where the CBI
could have used these resources to more fully identify people cremated by the police:
The police killed both Dalbir Singh and his son Teja Singh in the same encoun-
ter. However, their names do not appear on the same list. The CBI recorded the
fathers cremation in the fully identified list under Sl. No. 2/57, but placed his
son Teja Singh on the partially identified list under Sl. No. 8/56. Although news-
paper reports about the encounter only identified Dalbir Singh, a simple inter-
view with the surviving family members could easily have revealed all the nec-
essary facts.
Under Sl. No. 3/008 of the identified list, the CBI mentions 10 May 1987 as the
day of cremation of Virsa Singh, killed in an encounter along with Mangal Singh
and Satnam Singh. The newspaper reports clearly identified all three men. How-
ever, the CBI chose to place the cremations of Mangal Singh and Satnam Singh
on the partially identified list, under Sl. Nos. 4/07 and 5/09. Also, contrary to
the information carried in the newspaper reports, the CBI further incorrectly
identified Mangal Singhs village.
In many cases, family members and newspapers reported that more people died
in the same alleged encounter than included on the CBIs lists. Does this mean that
the police cremated more than one person per pyre and the CBI, by relying entirely
on the police records of the cremations, failed to capture this misdemeanor? Alter-
natively, does this mean that the police disposed of the other bodies through meth-
ods other than illegal cremation?
For example, the families fully identified the bodies of Mohinder Singh and his
four colleagues before their cremation. The CBI lists Mohinder Singh and three of
those killed with him on their identified list, (Sl. Nos. 66/160 to 68/162). None of
the three lists, however, includes his fourth colleague, Dilbagh Singhs, cremation.
It is not clear what happened to Dilbagh Singhs body.
The CBIs records on the cremations of Jounga Singh and Gurnam Singh, under
Sl. Nos. 506/140 and 509/142 of its identified list, question how the CBI verified its
facts. The CBI records two cremations on 27 September 1992 that of Jounga Singh,
son of Dayal Singh, resident of Lakhantappa, and of Gurnam Singh, son of Swaran
Singh, resident of Kala Bakra, carried out by ASI Ranjit Singh of Jandiala police.
The CCDP members visited Lakhan Tappa and discovered that no one by the name
of Jounga Singh had died or disappeared from that village during the period of the
unrest in Punjab. The committee also discovered that there is no village called Kala
Bakra, allegedly the residence of Gurnam Singh. It is not clear how the CBI justi-
fies including these records on its identified list.
Contradictions or Discrepancies in Data
The CBI has presented its lists of cremations without reconciling some basic con-
tradictions in its data. They have not shown, for example, how and why the crema-
tions of persons killed separately was reported under the same FIR number, how
and why cremations of persons killed together was mentioned under different FIR
numbers, or what happened to the bodies of other persons reportedly killed in the
same encounter but not included on the CBI lists.
The testimony of the family of a victim and the newspaper reports show that
Sukhchain Singh and Mukhtiar Singh were killed together in an encounter under
Valtoha police station. The CBI shows the cremation of Sukhchain Singh in its first
list under Sl. No. 104/296. The cremation of Mukhtiar Singh, mentioned in the
partially identified list, under Sl. No. 24/297, is shown to have been undertaken two
weeks later by another police officer and police station. In fact, the FIR number of
Mukhtiar Singhs cremation matches the FIR number of cremation of two others,
Bagal Singh and Gurdeep Singh Mehra under Sl. Nos. 25/301 and 26/302. How do
we reconcile these differences?
In a similar FIR muddle, the CBI list includes two cremations done by SHO
Darshan Singh of Tarn Tarans Sadar police station on 9 May 1992 under FIR No.
34/92. (Sl. Nos. 177/676 and 178/677) Under that same FIR number, SHO Darshan
Singh mentioned two more cremations two weeks later on 24 May 1992. (Sl. Nos.
179/680 and 180/681). Why were the cremations of all four persons mentioned
under the same FIR number, by the same police officer, listed different dates?
These examples and the questions they generate require the CBI to explain how
it conducted its investigations, what sources it relied on, and what methodology it
used to investigate illegal cremations conducted by the police. The CBI must pro-
vide explanations for the discrepancies in its data. The summaries include refer-
ences to many more such confusing examples.
Empty Records
The CCDPs data reveals three categories of cremations recorded by the CBI that
could not have taken place: (1) Cremations duplicated on more than one list; (2)
Cremations purportedly carried out by the police that were actually conducted by
family members; and (3) Cremations recorded on dates when, according to the
family sources, the victims were alive.
Duplicates
The CCDPs investigations revealed two major errors of duplication in the CBIs
lists. The cremation of Niranjan Singh, s/o Boor Singh, r/o Behla, is included in the
fully identified list under Sl. No. 121/392 as having occurred on 18 April 1991.
The CCDP spoke to Balwinder Kaur, Niranjan Singhs widow, and learnt that he
had actually been killed on 9 June 1992 when the security forces used him as a
human shield to take out three militants who had taken shelter in an abandoned
house at Behla. In fact, the CBIs partially identified list correctly shows Niranjan
Singhs cremation on 9 June 1992 listed under Sl. No. 71/705. Thus, the cremation
recorded under Sl. No. 121/392 of the CBIs identified list could not have been that
of Niranjan Singh, son of Boor Singh, resident of Behla.
Niranjan Singhs example encapsulates the CBIs failure to use witness testi-
mony and newspaper accounts to resolve cremations even in well known cases.
Niranjan Singh had died along with six others used by the security forces as human
shield to storm a militant hideout. The incident resulted in nine deaths. The CBIs
partially identified list shows five cremations. Three cremations figure in the iden-
tified list. The cremation of Gurmej Singh, one of the six villagers forced to become
a human shield and killed in the process, does not figure in any list.
The CBI also appears to have duplicated the record of Angrez Singhs crema-
tion. The CBI has fully identified him under Sl. No. 392/78 as the son of Charan
Singh and resident of Jalalabad. The CCDP visited Charan Singh and recorded his
statement regarding the death of Angrez Singh. At no point did he mention another
son named Amrik Singh. However, under Sl. No. 391/56, the CBIs partially iden-
tified list shows the cremation of Amrik Singh, son of Charan Singh, as having
occurred on the same date and mentioned under the same FIR. If this record is not
a duplication, then who was Amrik Singh, son of Charan Singh?
People Not Cremated by the Police
The CBIs identified and partially identified lists show at least 25 cremations that
were actually carried out by the families. The case of Amrik Singh, son of Gurmej
Singh Mahajan and resident of Ratoke, is one example that also shows how the CBI
failed to conduct even a cursory examination of facts.
2
Amrik Singh, a mason by
profession, was married to Joginder Kaur with two sons, Gurnam Singh and Nishan
Singh. He focused on his work, commuting between his home and worksite on his
bicycle. He reportedly had no political or militant connection and had never been
arrested or interrogated prior to his killing.
On 9 August 1988 morning, Amrik Singh, as usual, left for his work-site in
village Dasuwal where he was building a drainage system. Around 9 a.m., when
Amrik and his colleagues had just started attending to their work, the Valtoha po-
lice, led by SI Mohinder Singh, got involved in an exchange of fire with a group of
militants. The police chased the militants, firing at them. One of the bullets fired by
the police hit Amrik Singh in his head and he died instantaneously. His family
learnt about his killing around 11 a.m. when Valtoha police took Amriks father
Gurmej Singh down to the site to identify the body. The police officers expressed
regret and admitted that they had killed an innocent man by mistake.
The next morning, after the post-mortem, the police handed the body over to the
family members for the cremation, which was carried out in their village. However,
the following day, the newspapers published a report, on the basis of a police hand-
out, stating that the police had killed a militant in an encounter at Dasuwal village.
Amriks family members had neither the resources nor the necessary contacts to
challenge the lie and, fearing further reprisals, they decided to keep quiet.
The CBI seems to have adopted the police version in its totality, without con-
sulting other sources of information.
Families who Submitted Complaints to the CBI
In these cases, the families themselves filed complaints and provided the CBI with
all information needed to identify their loved ones cremations. The CBI, however,
failed to fully and properly identify these people in its lists. Why did the CBI fail to
record the information personally provided to it? Was there a lack of communica-
tion between the different offices of the CBI?
After the police killed his son in a fake encounter, Gurmit Singh personally
went to the CBIs temporary office in Amritsar to submit his complaint. CBI in-
spector P. C. Sharma also visited the familys home and recorded the statement of
2
CCDP/01573, Sl. No. 22/52
Gurmit Singhs wife Narinder Kaur several times. Despite these efforts, the CBI
included the cremation of their son on its unidentified list under Sl. No. 537/304.
Unidentified List
The CBIs competence becomes further questionable by a perusal of the crema-
tions listed as unidentified. In many cases, the CBI easily could have referred to
press reports, police records, testimony of family members and even information
available in its own files to complete the identifications. Out of the cremations the
CCDP has been able to identify from the CBIs unidentified list, six were those of
police officers, one cremated persons father was a police officer who had resigned
in protest against rampant human rights abuses within the department. In 10 cases,
the press reports clearly identified the cremations, in five cases, the families filed
complaints and information with the CBI officials, two were soldiers of the Indian
Army and two others were prominent leaders of the community. More people
could have been identified through autopsy reports seen by families, identification
cards on bodies, and other such methods.
The CBIs failure to identify these cremations raises very basic questions about
its integrity in investigating this matter.
Failures of this Procedure
In many cases, the CBI investigators actually visited the families to obtain testimo-
nies and then chose to ignore them. The families were, thus, exposed to harassment
of the local police.
Boota Singh was threatened with serious consequences if he pursued the extra-
judicial execution of his son Baldev Singh, a soldier of the army, with the CBI.
3
SHO Harbhajan Singh of Chherharta police station, who had abducted Baldev Singh,
detained Boota Singh several times, offering him a compromise. Boota Singh
reported these incidents to the CBI officials who visited his house to make their
inquiries. They assured him that he would be protected and promised to prosecute
the guilty. On those assurances, the CBI officials took with them Baldevs identity
card and other papers connected with the case, like copies of telegrams that Boota
Singh had sent to Baldevs commanding officer. Boota Singh never heard from the
CBI officials again.
Concluding Case Study
This note will conclude with the case of Udham Singh and his familys pursuit for
justice from the CBI.
4
Sixty-two-year-old Udham Singh, son of Gajjan Singh, was
a respected farmer of Thathgarh village under Jhabal police station in Tarn Taran
subdivision of Amritsar district. He was locally known as Akali because of the
contributions of his grandfather Kala Singh and uncle Arjan Singh to the Sikh
religious reform movement in the 1920s that witnessed the birth of the Akali Dal
and the formation of the Sikh Gurudwara Prabandhak Committee (SGPC) in 1925.
3
CCDP/01268, Sl. No. 479/127
4
CCDP/01293, Sl. No. 313/50
Udham Singh was married to Gurmej Kaur and had five children, three daughters
and two sons.
Udham Singh was deeply involved in Sikh religious affairs in his area and took
part in the organization of important events of the Sikh religious calendar. Tarn
Taran police had raided his house a number of times out of the suspicion that per-
sons connected with the militant movement visited his house. The police had once
detained Udham Singh and his sons, Heera Singh and Hazura Singh, for interroga-
tion. They were later released.
On 1 July 1992, around 4 or 5 in the morning , a large group of Punjab police
officers raided Udham Singhs house, entering it after scaling the walls. ASI Dilbagh
Singh of Jhabal police station was one of the police officers. Police arrested Udham
Singh and his son Hazura Singh and took them away to B. R. Model School interro-
gation center. Despite loud protest and repeated questioning by Udham Singhs
daugher Rajwant Kaur and Hazura Singhs wife Ranjit Kaur the police officers did
not say where they were taking the arrested persons.
At the interrogation center, Udham Singh and Hazura Singh were locked up
separately. Hazura Singh does not know what they did to his father. On 7 July 1992,
the police released Hazura Singh from the interrogation center. The same day news-
papers reported the killing of Udham Singh in an encounter that allegedly occurred
the night between 5 and 6 July 1992. The police did not inform the family about the
cremation.
In 1996, some CBI officers approached the family in connection with their in-
vestigation into the illegal cremations matter, as ordered by the Supreme Court.
Although the CBI officers did not disclose the purpose of their inquiries, Heera
Singh gave all of the details of the case. Around this time, Dilbagh Singh, one of the
police officers from Jhabal responsible for Udham Singhs abduction on 1 July
1992, also approached the family and offered a large sum of money for a compro-
mise on the matter. But the family declined the offer and threatened to report it to
the CBI. At this, Dilbagh Singh went away with the words, Alright! We will then
pay the same money to the CBI officers.
Later, the family members came to know that the CBI had filed a closure report
in the case. Heera Singh once visited the CBIs court at Patiala and met the officials
responsible for the prosecution of the culpable Punjab police officials. They told
him that the legal action was not possible as there was no evidence. They also took
Heera Singhs signatures on some statements that were written in English and which
he could not read. The family members suspected that the police officers respon-
sible for Udham Singhs abduction and murder in a fake encounter bribed the CBI
officers responsible for the investigation.
The CBI had presented its closure report in this case, No. R. C. 9(S)/97/SI.U-
XVI/JMU, on 1 October 1999 before the CBI court in Patiala. The court, vide its
order dated 16 February 2000, took the view that the investigating agency should
make further efforts to identify the abductors of Udham Singh. The CBI then pre-
sented a supplementary closure report on 29 September 2000, which said that no
fresh evidence was forthcoming and the case should therefore be closed.
The CBIs closure reports are a surprise since Hazura Singh had been abducted
along with Udham Singh on 1 July 1992 morning. Hazura Singh was held at the B.
R. Model School interrogation center till the July 7, the day after the Sadar police
carried out Udham Singhs cremation. The B. R. Model School Interrogation cen-
ter, which operated under the direct authority of Amritsars senior superintendent
of police (SSP), was well known as a place where terrible atrocities were commit-
ted in the course of interrogating illegally detained persons before they were liqui-
dated in fake encounters.
Police Powers
Testimonies of victims families provide a depressing picture of the pervasiveness
and extent of police power and abuse. Their stories show how innocence and guilt
were mere technicalities during the police counter-insurgency operations. One could
not predict what mundane daily activities would lead to indiscriminate abuses; there
were no precautions one could take.
This note attempts to first state the legal principles on the procedure of search,
arrest and custody, and then document their flagrant violations and the total power-
lessness of the people in preventing them.
The following is a short summary of the legal principles, which were applicable
when the abuses occurred. The Supreme Court has since further refined them in D.
K. Basu Vs. State of West Bengal, which we shall examine later.
5
Search
Section 100 (4), (5), (6), (7) and (8) of the Code of Criminal Procedure (CrPC),
1973, require that before making a search, the officer or other person must call on
two or more independent and respectable inhabitants of the locality to attend and
witness the search. If they express unwillingness, the officer may issue an order in
writing to them to do so. Any person who refuses to attend and witness a search
under this provision, shall be deemed to have committed an offence under section
187 of the Indian Penal Code (IPC). The search has to be made in their presence,
and a list of all things seized has to be prepared. The occupant of the place searched,
or some person on his behalf, shall be permitted to attend the search, and a copy of
the list prepared, signed by the witnesses, shall be delivered to such occupant or
person. All of these principles and their procedural elaborations have been explained
in a number of landmark cases decided by the Supreme Court, originating in Punjab.
6
Arrest
Under section 41(a) of the CrPC, a officer may arrest any one for a cognizable
offence, even without an order from the magistrate or an arrest warrant, if there
is a reasonable complaint, suspicion or information. According to a full bench deci-
sion of the Madhya Pradesh High Court, reasonable suspicion is the minimal
5
1996 8 SC 581: 1997 I JT 1 SC: 1997 1 RCF CRI 373
6
State of Punjab V Balbir Singh 1994 (3) SC C 299; Radha Krishna V. State of Punjab, AIR 1963 SC
822; Soni Vs. State of Punjab, 1980 SC 593; Ajaib Singh V State, AIR. 1953 SC 10; Radha Bai V
State of Gujrat, AIR 1970 SC 1396.
requirement.
7
The Law Commission of India, in its One Hundred and Fifty-Second
Report on Custodial Crimes, explained reasonableness of arrest with reference to
the Wednesbury Principles discussed in two House of Lords judgments in Britain.
According to these principles, a person on whom discretion is conferred by the
statute, must [a] Exercise it in good faith for furtherance of the object of the statute;
[2] Must not proceed upon a misconstruction of the statute; [c] Must take into ac-
count matters relevant for exercise of the discretion; and [d] Must not be influenced
by irrelevant matters.
8
The Supreme Court of India further explained that the discretion of arrest has to
be exercised to balance individual rights against social need. The Court referred to
the third report of the National Police Commission and Canadas Royal Commis-
sion on Criminal Procedure to suggest that in normal circumstances, the police
should use what is called appearance notice to obtain attendance of a suspect at a
police station without exercising the power of arrest. The Supreme Court pointed
out that arrest cannot be made merely because it is lawful to do so. The police must
also be able to justify an arrest on reasonable grounds. The Court also held that: [1]
The police must intimate a friend or a relative about the arrest and the place of
detention; [2] Inform the arrested person about his rights in law; [3] Make the nec-
essary entries in the diary about the arrest, also showing the person intimated. The
Supreme Court held that these obligations were part of requirements under Articles
21 and 22 of the Constitution and it was the duty of the magistrate having proper
jurisdiction to ensure that police comply with these requirements.
9
According to Article 21: No person shall be deprived of his life or personal
liberty except according to the procedure established by law. Article 22 (1) and (2)
of the Constitution stipulate that: [1] No person who is arrested shall be detained in
custody without being informed, as soon as may be, of the grounds of such arrest,
nor shall he be denied the right to consult, and to be defended by a legal practitioner
of his choice; and [2] Every person who is arrested and detained in custody shall
be produced before the nearest magistrate within a period of 24-hours of such arrest
excluding the time necessary for the journey from the place of arrest to the court of
the magistrate and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.
The right to be informed about the ground of arrest is categorically affirmed
also under section 50(1) of the CrPC, stating: Every police officer, or other person
arresting any person without warrant shall forthwith communicate to him full par-
ticulars of the offence for which he is arrested or other grounds for such arrest.
When the arrest is under a warrant, as given in sections 70 to 74 of the CrPC, the
officer must notify the person about the substance of the warrant and also show it to
him. That is the stipulation under section 75 of the CrPC. Under section 57 of the
CrPC, no police officer shall detain in custody a person arrested without warrant
for a period longer than 24 hours exclusive of the time necessary for the journey
from the place of arrest to the magistrates court.
7
Gulabchand Kannolal Vs. State of M.P., 1982 M.P.L.J 7, 17 F.B.
8
Law Commission of India, One Hundred and Fifty-Second Report on Custodial Crimes, 1994, Chapter
5, 5:6; Holgate Mohd. Vs. Duke, 1984 1 All. E. R. 1054, 1059, 1060 H. L; Associated Provincial Picture
Houses Ltd. Vs. Wednesbury Corporation, 1947 2 All E. R. 680 C. A.
9
Joginder Kumar Vs. State of Uttar Pradesh, 1994, 3 J. T. SC 423.
Recognizing the essential connection between Article 22(1) and (2), the Su-
preme Court has, in several judgments, strengthened their mandate by elaborating
the necessary measures to prevent custodial abuse. The right to consult a lawyer
aims to: [a] Secure immediate release if an arrest is illegal; [b] To avail bail if the
circumstances so permit or warrant; [c] To prepare for defence; and [d] To ensure
that no illegality occurs in the course of police custody. In the Sheela Barse case,
the Supreme Court laid down the following guidelines, especially for female de-
tainees: [1] Female suspects are to be detained in lock ups selected in good locali-
ties and guarded by female constables; [2] Female suspects are not to be held in
lock-ups that house male suspects; [3] Their interrogation should be carried out in
the presence of female police officers; [4] The police must intimate the arrest to a
relative and friend and also the nearest legal aid committee; [5] The magistrate
before whom an arrested person is produced must ascertain if there is any com-
plaint of custodial torture or maltreatment.
10
Under section 54 of the CrPC, When a person who is arrested, whether on a
charge or otherwise asks for a medical examination of his body to establish the
commission of any offence against his body, the magistrate shall, if requested by
the arrested person to do so, direct the examination of the body of such person by a
registered medical practitioner unless the magistrate considers that the request is
made for the purpose of vexation or delay or for defeating the ends of justice.
Interrogation
According to Article 20(3) of the Constitution, no person accused of any offence
shall be compelled to be a witness against himself. This principle and its implica-
tions have been elaborated in a number of Supreme Court cases. Nandini Sathpathy
Vs P. L. Dani, explains that the principle protects against both self incriminatory
and compelled testimony.
11
In other cases about the implementation of this prin-
ciple, the Supreme Court has affirmed that section 161 (2) of the CrPC is a parlia-
mentary gloss on Article 20(3) and the words to be a witness against himself
provide protection beyond the judicial process to encompass the giving of any in-
criminating evidence or information during police interrogation.
12
These judgments
of the Supreme Court uphold the right of persons, who are not yet formally charged,
to remain silent during custodial interrogation.
Section 162 (1) of the CrPC makes statements made by any person to a police
office in the course of an investigation inadmissible at any inquiry or trial. Section
163 of the CrPC stipulates that no police officer or other person in authority shall
offer or make, or cause to be offered or made, any such inducement, threat or prom-
ise to exact a confession. Section 24 of the Evidence Act says that a confession
made by an accused person is irrelevant in a criminal proceeding, if the making of
10
Gopalan Vs. State of Madras, 1050 SCR 88; Hansmukh Vs. State of Gujrat, AIR 1981 SC 28; State of
Madhya Pradesh Vs. Shobhram, AIR 1968 SC 1910, 1917; Khatri Vs. State of Bihar, AIR 1981 SC
928: 1981 Cr. LJ 470; Sheela Barse Vs. State of Maharashtra, AIR 1983 SC 378.
11
AIR 1978 SC 1025.
12
Mahabir Mandal V. State of Bihar, AIR 1972 SC 1331; Pakala Narayanswamy Vs. Emperor, AIR 1939
P. C. 47; Kathi Kalu Oghad Vs. State of Bombay, AIR 1961 SC 1808; Raja Narayan Lal Bansilal Vs.
Maneck Phiroze Mistry, AIR 1961 SC 29.
the confession appears to the court to have been caused by any inducement, threat
or promise.
Section 220 of the IPC mandates punishment of imprisonment up to seven years
to any person with legal authority to commit persons for trial or to confinement
who corruptly or maliciously confines any person, knowing that in doing so he is
acting contrary to law.
Section 348 provides for three years of imprisonment to whoever wrongfully
confines any person for the purpose of extorting confession or any information
which may lead to the detection of an offence or misconduct. Criminal intimida-
tion is, under 503 and 506 of the CrPC, punishable with two years of imprisonment.
This is the law that controls the police powers to search, arrest, detain and inter-
rogate suspects. This note will now show the systematic abuse of the police powers
in Punjab and the total powerlessness of the people in preventing it.
Illustrative Case
Twenty-two-year-old Baljinder Singh, alias Balli, resident of Saido Lahil village,
was employed by a company called Nijjher Agro Food.
13
He was a matriculate.
Baljinders work involved interactions with farmers about the precautions to be
taken while using insecticides on vegetable crops. The company had given him a
scooter to travel. Baljinder Singh used to go to work daily on the company scooter.
On 2 August 1991, Baljinder Singh and the personal security officer attached to
his companys owner, a Punjab police constable, were going on his scooter to a
village for work. Unknown to him, a militant leader, Manohar Singh, was also
driving a scooter in front of him. When identified at a police checkpost, Manohar
Singh committed suicide by consuming cyanide. The police officials, out of suspi-
cion, arrested Baljinder Singh and his companion when they came driving up to the
checkpost soon after Manohar Singh died.
Many who witnessed their arrest became agitated. Soon, there was a huge crowd
outside Jandiala Guru police station demanding the release of Baljinder Singh and
his companion. When the police did not respond, the crowd decided to block the
highway, the Grand Trunk road connecting Amritsar and Delhi. A number of
Baljinders family members also joined the agitation. The police used force to dis-
perse the crowd and, after a lathi-charge, opened fire. The firing killed three per-
sons and injured many more. Baljinders cousin Darshan Kaur, who was married to
a man from village Gehri Mandi, was also injured.
Later, the police implicated both Baljinder Singh and his companion Jagtar Singh
in a case under TADA. Both were jailed for eight months, and then the court re-
leased them on bail. Soon after his release on bail, on 10 October 1992, Baljinder
married Karamjit Kaur and later had a son.
On 10 November 1992, exactly a month after their marriage, a large police
force of approximately 50 men, led by deputy superintendent of police (DSP)
Gurmeet Singh of Tarn Taran, raided the farm house owned by Baljinders father,
Jarnail Singh. The raid took place between 8 and 9 p.m. Baljinder Singh was also at
13
CCDP/01216, Sl. No. 253/910
home. DSP Gurmeet Singh said that he needed to take Baljinder along to identify
some militants whom they had arrested. The DSP promised to release him the next
morning. Before taking Baljinder with him, he asked his father to prepare some
food for all the policemen who, according to him, had been on duty the whole day
and were hungry. Cooking for so many took some hours, and then after they ate, the
DSP and his policemen left with Baljinder Singh.
DSP Gurmeet Singh had not disclosed where they planned to take Baljinder to
identify the arrested militants. The next morning, the family members and other
eminent persons of the village first went to Mattewal police station. Not finding
Baljinder there, they went to Mall Mandi interrogation center and then to B. R.
Model School interrogation center in Amritsar. But Baljinder was not found in any
of these places. They then went to the office of SSP Paramjit Singh Gill and man-
aged to meet him. The SSP said that Amritsar police were not involved in the arrest
and Baljinder was not in his custody.
On 13 November 1992, Jarnail Singh, accompanied by several members of the
village council, went to Tarn Taran and there they found out that the police had
arrested some persons and brought them back to Tarn Taran. Jarnail Singh recog-
nized some of the policemen who had eaten at his farm house before taking his son
away. He was convinced that the police were detaining Baljinder at Tarn Taran.
Jarnail Singh then contacted Ajit Singh Bains, former judge of the Punjab and
Haryana High Court, who was then heading the Punjab Human Rights Organiza-
tion. Bains issued a statement demanding the release of Baljinder Singh from his
illegal custody. Several newspapers carried the statement on 13 November 1992.
On 15 November 1992, Baljinder Singh, Rajinder Singh and Raghubir Singh
were declared killed in an encounter that supposedly happened near village
Sehbazpur between a group of militants and Tarn Taran police. Director-general of
Punjab police, K.P.S. Gill accompanied by the SSPs of Amritsar, Tarn Taran and
Majitha police districts and the deputy-inspector-general (DIG) of the Border Range,
D. R. Bhatti, addressed a press conference claiming that early that morning at 4:30
a.m., DSP Gurmeet Singh of Tarn Taran police killed three militants in an encoun-
ter at a police checkpost set up near village Sehbazpur. The DGP further said that
the three militants were in a Canter and had been signaled to stop. The police al-
ready had information that the militants had stolen the vehicle from the Tarn Taran
bypass and were heading that way. The police force retaliated when the militants
opened fire, and in the resulting exchange, killed the three militants. They were
identified as: [1] Rajinder Singh, alias Amolak Singh, r/o Rumana Chakk, under
Police Station Mehta; [2] Rajbir Singh alias Raju, r/o Dhamana and Baljinder Singh,
r/o Saido Lahil. The DGP blamed these terrorists for hundreds of murders, includ-
ing the relatives of Master Jagir Singh, transport minister in the Punjab govern-
ment. The DGP also claimed to have recovered a large number of sophisticated
weapons from the vehicle: 10 AK-47 rifles, one AK-74 rifle, 17 plastic bombs, 30
detonators, 25 magazines and 925 cartridges.
On 16 November 1992, all the newspapers prominently reported the DGPs
press conference.
This case provides an introductory glance at the extent and type of abuses com-
mitted by the Punjab police. In this example alone, the police did not provide the
family with any information on who they were and where they were taking Baljinder.
Further, they had no qualms fabricating a story for the press, despite the eyewit-
nesses to Baljinders abduction. Last, they arbitrarily deprived Baljinder of his
right to life.
The above discussion shows that not only did the police fail to use the procedure
of arrest correctly, they also did not follow the measures necessary to prevent cus-
todial abuse. The police did not display identification; they did not record the arrest,
with an eyewitness attesting to it; they did not inform the person about the ground
for arrest. They did not give the detainee a medical examination and they failed to
send all documents to the magistrate.
This note will now focus on the following issues for discussion:
Police response to family requests for information regarding abductees;
Police extortion;
Methods of constructing encounters;
Punjab polices traveling outside of their jurisdiction; and
Obstruction of justice by the Punjab police.
Failure to Inform Victim Families
In the majority of our cases, the police took their victims into custody in the pres-
ence of others. However, they did not disclose any information about themselves or
their plans for the victims. When families and their sympathizers went searching
for information at different police stations, police officials often callously prevented
them from entering police stations and did not give any information about whether
or not the arrested persons were in their custody. Many times, they never informed
the families if their loved ones were alive or dead.
When families did get to meet with police officials and question them regarding
the status of their loved ones, police officials mostly denied custody and used tac-
tics that kept them running from one place to another, hoping to locate their loved
one. Families would often receive vague assurances that the police would release
the victims after interrogation.
Sukhwinder Singh was arrested from his house early morning on 3 November
1992 by ASI Raj Kumar, in-charge, Manochahal police post. He was arrested in
the presence of his family members and other residents of the village.
14
Early next
morning, the family members and village elders went to Manochahal police station.
The SHO told them that Sukhwinder was still required for interrogation, but he
assured them they would release him soon. The family and village elders kept
visiting the police station for the next two days and only to receive the same re-
sponse.
On the third day, the SHO changed his approach. He now denied having ar-
rested Sukhwinder Singh and maintained that Sukhwinder was not in his custody.
The village elders got agitated, maintaining that they themselves had seen
Sukhwinder in his custody. SHO Kumar ordered them to leave the station.
The next day, the family and village delegation went to meet DSP Ashok Kumar
and SHO J. Siddhu of Jhabal police station. When the DSP asked them to wait one
14
CCDP/01444, Sl. No. 249/899).
more day, the delegation assumed he was promising to release Sukhwinder. The
next day, however, newspapers reported the death of an unidentified militant.
A constable informed the family that Sukhwinder was the unidentified militant
referred to in the report.
Police officers often went beyond blatant denials or vague comments and actu-
ally physically detained people who came for information about detainees. Gurdev
Singhs family members, accompanied by the head of the village council and other
elders, had gone to Tarn Tarans Sadar police station to look for Gurdev Singh and
his brothers.
15
The SHO accused them of helping militants and ordered them to be
locked up. Only after a senior Akali leader Major Sing Uboke intervened many
hours later did the SHO release them.
To ward off inquiries, officers often lied. After reading reports about a press
conference featuring his sons confession, Bahal Singh rushed to the B.R. Model
School interrogation center.
16
On reaching there, he saw his son Nishan Singh,
blindfolded with his hands tied behind his back, was being taken out of the station
in a police vehicle. Panicking that the police were going to murder him, Bahal
Singh started screaming. The policemen escorting Nishan Singh told him they
were taking Nishan to be produced before a magistrate. They asked Bahal Singh to
also come to the court. Bahal Singh waited at the designated court all day, but the
police did not produce his son. He returned to the police station and there, at the
gate, started crying. A constable took pity on him and later escorted him to Nishan
Singh, who lay inside a cell unable to move from police torture. Eventually, the
police killed Nishan Singh in a fake encounter.
Police Extortion
The police extorted money from families in return for promises of ensuring the
safety of their loved ones. Often, the families could not pay large sums demanded
by the police officers, even after selling their property and belongings. Other times,
even after receiving ransoms, the police killed the detainees.
The case of Manjit Singh, included in the CBIs third list of unidentified crema-
tions, illustrates the police use of extortion. It also gives his fathers inside account
of police abuses, which forced him to resign from the police service.
17
Twenty-seven-year-old Manjit Singh alias Billa, son of Iqbal Singh and
Sukhjinder Kaur, was a young farmer from village Nangali. Manjit had spent some
years in Germany and had returned home to help his father with his agricultural
work. He was unmarried.
Manjits father Iqbal Singh had joined the Punjab police as a constable in 1959
and, after serving the force for 31 years, had taken voluntary retirement in 1990. In
this period, he had been posted in several districts of Punjab including Hoshiarpur,
Gurdaspur and Amritsar. Iqbal Singh took early retirement primarily because he
could not tolerate custodial atrocities his superiors and fellow policemen commit-
ted on common Sikhs and their use of their powers to extort money by taking
15
CCDP/01580, Sl. No. 33/76
16
CCDP/00461, Sl. No. 88/6
17
CCDP/00126, Sl. No. 194/267
innocent persons into illegal custody and forcing their relatives either to pay or to
risk their arbitrary execution. He was particularly appalled by the crimes routinely
committed by his fellow policemen when he was posted at Amritsars joint interro-
gation center in the period from 1981 to 1983. According to Iqbal Singh, unscrupu-
lous elements within the police force used the situation of violent unrest in Punjab
to not only make money but also to obtain speedy promotions by killing innocent
persons and labeling them as terrorists. Iqbal Singh had worked directly under SHO
Ajaib Singh of Amritsars Sadar police station who had joined the police force as a
constable but rose to become a DSP. According to Iqbal Singh, the majority of
lower officials committed atrocities on illegally detained persons on instructions
from their superiors. However, there were several officials who tortured and killed
their captives to impress their superiors about their anti-insurgency zeal and to ob-
tain promotions and perks on that basis. SHO Ajaib Singh of Amritsars Sadar
police station was one such officer, Iqbal Singh felt.
For these reasons, Iqbal Singh took early retirement. His eldest son, whose name
we shall not reveal, had already joined the Punjab police and is still serving the
force in a sensitive position. His younger son Manjit Singh went to Germany for
some years, but then came back to help his father with the agricultural work as his
health had begun to deteriorate.
Early morning on 24 February 1992, a large police force from Amritsars Sadar
police station along with Central Reserve Police Force (CRPF) personnel raided
Iqbal Singhs house and took Manjit away to Sadar police station for an interroga-
tion. The arrest, led by ASI Santokh Singh and head constable Gurbachan Singh,
was witnessed by many in the village.
The same afternoon, Iqbal Singh, along with his sympathizers, met SHO Ajaib
Singh who spoke to him in a very friendly way and assured him not to worry about
his son. He also allowed him to meet Manjit in the police lock-up and give him
food. Five days later, SHO Ajaib Singh told Iqbal Singh that he had to pay Rs.
500,000 to get his son released from the police custody. Taken aback by the de-
mand, Iqbal Singh reminded the SHO of the time they had spent together working
for the police force. He also told the SHO that his son was innocent and he was not
in a position to raise half a million rupees. The SHO said that his superiors would
not release anyone without collecting money and it did not matter whether or not
his son was innocent. Iqbal Singh promised to collect as much money as possible
within the shortest possible period of time to get his son released.
Iqbal Singh also sent telegrams to several senior police officials and other gov-
ernment functionaries informing them about the illegal arrest of his son. He met the
SSP of Amritsar and the DIG of the Range to demand that his son be either released
from illegal custody or produced before a court. He, however, did not inform them
about SHO Ajaib Singhs demand for half a million rupees from the fear that the
SHO might harm his son. His meetings with the senior officials had no impact on
rescuing his son from the illegal police custody.
Iqbal Singh raised approximately Rs. 200,000 within 20 days after his sons
arrest and offered the amount to SHO Ajaib Singh who rudely told him that he was
too late and that he should forget about his younger son. The SHO warned him not
to talk about the episode to anyone if he cared for the safety of other members of
his family.
Iqbal Singh was not even able to know how his son had been killed and his body
disposed. Iqbal Singh did not initiate any legal action from the fear that Ajaib Singh
and his superiors involved in abducting and disappearing his younger son might
also eliminate his elder son who was working for the Punjab police.
Methods of Constructing Encounters
The section of case summaries highlights different ways the Punjab police con-
structed their fake encounters. Many examples show that the persons killed in the
same encounters did not know each other. Nor were they abducted at the same
time. Numerous examples also show that the police shot and killed young men
without warning, despite no sign of danger; they shot people at public places like
bus stands and in broad daylight.
The following example shows that even when the police admitted to families
that they had killed someone by mistake, they still reported the death as an encoun-
ter killing. On 24 July 1989, a hot sultry day, Ratan Singh was returning home in
the evening around 6:30 p.m., after supervising the construction of a sitting plat-
form in his village.
18
This was a part of his job as a member of the village council.
By coincidence that evening, a joint force of the Punjab police and the CRPF, en-
gaged in a chase and hunt operation on the trail of some militants, was approaching
Kallah village from the side of Ratan Singhs fields and his house. As Ratan Singh
walked down to his house, the security personnel started firing mistaking him for a
militant. Ratan Singh was already inside the courtyard of his house and his family
members were coming out to welcome him in when a bullet went through his chest
and he collapsed on the spot. Ratan Singhs family did not know what was happen-
ing and assuming, in their state of panic, that intruders were breaking into the house,
they ran out in the direction of their fields. The security personnel stopped firing
and, announcing themselves, asked the family members to come back. Then they
conducted a search and found Ratan Singhs body. The Punjab police and the CRPF
personnel loaded the body into their vehicle and went away. It was already dark and
the family members could not do anything. The next day, when his family mem-
bers and villagers confronted the police officials at Tarn Tarans Sadar police sta-
tion, they admitted their mistake. However, they still reported his death as an en-
counter killing.
In other cases, the police killed people while they were watering their fields, re-
lieving themselves, or doing their daily chores. The police killed these people with-
out warning and without trying to ascertain whether they presented any danger.
19
On 22 May 1992, around 1:30 p.m., 20-year-old Harvinderjit Singh Gill and his
friend Mandeep Singh went to the Sikh Gurdwara Prabandhak Committee (SGPCs)
office within the Golden Temple complex in Amritsar.
20
Both of them were carry-
ing their student identity cards and Harvinderjit Singh had, in addition, his educa-
tional concessions entitlement card No. 7624, issued to children of ex-servicemen.
After meeting some SGPC functionaries in their office, Harvinderjit and Mandeep
18
CCDP/01517, Sl. No. 42/110
19
CCDP/01589, Sl. No. 43/113; CCDP/01593, Sl. No. 45/115; CCDP/01494, Sl. No. 64/158; CCDP/
01679 and 01680, Sl. Nos. 86/258 to 88/260; CCDP/013769, Sl. No. 147/582
20
CCDP/01135, Sl. Nos. 293/44 to 294/45
left the Golden Temple complex. DSP Rattan Lal Monga, who was in plainclothes,
caught Harvinderjit by his arm and asked him to get himself frisked. Harvinderjit
did not know it was an officer in plainclothes who grabbed him, and he protested
loudly about this rude behavior. The altercation led to a physical scuffle and both of
them fell to the ground. Harvinderjit still did not know that the man he was quarrel-
ling with was a Punjab police officer when DSP Monga ordered his subordinates to
shoot him. Harvinderjit was shot and he collapsed dead on the road. Mandeep Singh,
who had been trying to intervene to end the quarrel, was shocked to see his friend
shot and lying on the road in a pool of blood. A confused and perplexed Mandeep
ran into a tea shop to save himself, but DSP Monga came after him, had him dragged
out and shot. Mandeep Singh also died on the spot. Amritsars Sadar police station
registered FIR No. 36 to claim the incident as an encounter.
The police often abducted suspects from their homes, their fields, their places
of work, at police checkposts, and other such places. After cordoning villages, po-
lice often made all male members of the village assemble in open areas or
in front of a gurudwara. Many were then taken away and subsequently killed in
fake encounters.
The police cremated majority of persons they killed. In some cases, they in-
formed the family members of these cremations. Many family members managed
to attend the cremations because they found out about their relatives death through
newspaper reports or rumors, and rushed to the cremation site. Often, the police
prevented families from attending the cremations, sometimes threatening to
use force.
In several cases, families insisted that their relatives were still alive in police
custody while the police officials claimed to have killed them in encounters. Harjit
Singhs case is an example. The case also shows how the Punjab police thwarted a
habeas corpus process.
Twenty-two-year-old Harjit Singh, son of Kashmir Singh, was from village Butter
Kalan.
21
Harjit was a scooter mechanic, but later joined the Punjab State Electricity
Board as a casual worker. Since there was violent unrest in Punjab at that time, his
father decided to send him to a relative, Joginder Singh, in Karnataka, a state in the
south of India, far away from Punjab. Harjit found work there at the Kauda Sai Dam
project. He came back to Punjab in April 1992 after the elections when the Con-
gress party formed its state government under the chief ministership of Beant Singh.
After reaching Punjab, Harjit Singh heard from his relatives that his family was
staying away from their village home at Butter Kalan because of threats they had
been receiving from unidentified armed men. Harjits relatives also advised him
not to go to his village. However, after staying with some relatives at Jattan village
for some time, Harjit Singh decided to go back to his village and to figure things out
for himself.
On 29 April 1992 morning, Harjit started for his home village by a bus. On the
way, near village Thathian, the police had set up a checkpost under ASI Ram
Lubhaya, in-charge of the police post at Gagar Bhana. The bus was stopped at this
checkpost around 11 a.m., and Harjit Singh was made to get down by ASI Ram
Lubhaya, Daljit Singh, a former militant working for the police generally known as
21
CCDP/01173, Sl. No. 401/82
a Police Cat, constable Satbir Singh and several other policemen.
Kashmir Singh, an engineer, was at this time posted at Beas. He received the
information about his sons arrest at Thathian around 2:30 p.m., and immediately
reached the site of the incident, where the eyewitnesses confirmed the forcible ab-
duction, but were unable to say where the police had taken his son. Kashmir Singh
then went to Baba Bakala police post to register an FIR about his sons abduction.
The police post in-charge refused to registered the FIR but in his presence sent a
message on the wireless to his superior that the father of the abducted person wanted
to get an FIR registered.
Kashmir Singh searched for his son at various police stations and police posts in
Amritsar district and also met senior police officials, including SSP Paramjit Singh
Gill, IG D. R. Bhatti. He also met DSP Darshan Singh Mann three times, beseech-
ing him to help. But none of them took any interest.
On 13 May 1992, Punjab newspapers carried a story about the killing of Harjit
Singh in an alleged encounter between militants and the police. The press reports
said that he had been killed along with Lakhwinder Singh, s/o Surjit Singh of Chack
Jamal Khan and another unidentified militant. First, Kashmir Singh felt shattered,
thinking that his son had been killed. Then he began to receive reports from reliable
quarters that his son was being held at different police stations and interrogation
centers. He made efforts and managed to personally see Harjit at Mehta Chowk
police station and then at Mall Mandi Interrogation center. First, he hoped that the
police might release him and met various officials to plead with them to release his
son. Encountering callousness and disinterest, he moved the high court with a peti-
tion for a writ of habeas corpus, marked as writ petition no. 615/1992. Justice H. K.
Sandhu issued a writ and appointed a warrant officer R. L. Bhatia to go with Kash-
mir Singh and look for Harjit Singh at Mall Mandi interrogation center. Warrant
officer R. L. Bhatia, accompanied by Kashmir Singh, reached Mall Mandi Criminal
Investigative Agency (CIA) interrogation center on 17 October 1992 and saw Harjit
Singh inside. However, the warrant officer was not allowed to enter the building to
get Harjit Singh. The police made him wait until the SP in-charge of the interroga-
tion center, B. R. Sharma, arrived there. By then, the police officials managed to
remove Harjit from the interrogation center through a back door. The warrant of-
ficer confirmed this sequence of events in his report to the high court dated 21
October 1992.
Kashmir Singh continued to receive reports of his sons illegal custody at vari-
ous places. He saw him for the last time on 4 September 1992 in Kapurthala city.
The findings of the warrant officer appointed by the high court led to two more
inquiries, conducted by the sessions judge of Chandigarh and later by the CBI. A
case filed on the basis of their findings is still pending before the additional sessions
judge at Patiala.
Amnesty International launched a campaign to demand a transparent inquiry,
determination of facts and justice in this case. Kashmir Singh also sent petitions to
the highest officials of the Indian state, including the chief minister and governor of
Punjab, the Prime Minister and the Chief Justice of India. But these petitions have
not had any perceptible impact on the process.
Traveling outside Punjab Boundaries
The following example shows how the Punjab police carried out abductions from
other states in India. Twenty-eight-year-old Kewal Singh was a resident of village
Fatehpur Badesha.
22
After some years of schooling, he learnt to drive a truck and
with his fathers help, set up a transport business in Chanderpur, Maharashtra. His
younger brother, Tarsem Singh, also joined him in the flourishing business. In
1990, Kewal Singh married Amarjit Kaur who came from Karumuwala village.
A family from Amarjit Kaurs native village of Karumuwala, which had mi-
grated to Amravati in Maharashtra, was wanted by the Punjab police in connection
with some terrorist crimes. In May 1993, Harike police arrested Amarjit Kaurs
father Tega Singh and his son Satta. The police then, led by SHO Surinder Singh,
also raided Kewal Singhs house at Fatehpur Badesha village and arrested his father
Amrik Singh. The village elders tried to intervene, but were told that the police had
to take the family to Chanderpur where Kewal Singh and his brother had set up
their transport company.
The Harike police, along with Amrik Singh and Tega Singh, reached Chanderpur
on 24 May 1993 morning and arrested Kewal Singh and his brother while they were
going to work. The police officers also arrested Amarjit Kaur from Kewal Singhs
house and began their journey back to Punjab.
Meanwhile, Kewal Singhs business colleagues at Chanderpur lodged a formal
complaint with the police about his abduction. Near Nagpur, the Maharashtra po-
lice managed to intercept the vehicle in which the Punjab police officials, along
with their prisoners, were traveling and detained them overnight in a police station.
However, the senior Punjab police officials and their defenders in the Central gov-
ernment were able to secure their release and four days after starting on their mis-
sion, the group returned to Harike police station.
Kewal Singhs life ended with torture and a fake encounter on 2 June 1993.
The Use of TADA and the Notion of Criminality
Our data challenges the Punjab states claims that the majority of the people on the
CBI lists were criminals. In 100 of the 513 cases we personally investigated, the
victim families disclosed criminal and preventative detention proceedings. Fifty-
eight of the victims were charged under TADA and related provisions, two faced
detention under the National Security Act, 10 were charged under the Arms Act
alone, and 30 faced other criminal charges. Strikingly, the court acquitted or re-
leased on bail 86 of the 100 people. Out of the remaining 14 who were not released
on bail or acquitted, 10 were killed in police custody after magistrates remanded
them for further investigation.
The CCDPs compilation of data gives a disturbing picture of how police offic-
ers used TADA as an additional tool in their counter-insurgency armory. The ma-
jority of the cases show that the police illegally detained the victims, tortured them,
and then implicated them under TADA or other criminal provisions. The data also
22
CCDP/01616, Sl. No. 312/1025
shows that the police often charged people with terrorist crimes if they did not
fulfill officers demands for money. Also, the majority of people released on bail
or acquitted by the court suffered subsequent repeated detentions and torture by the
police, leading to their ultimate disappearance or extra-judicial execution. Even
the constitutional principle against double jeopardy and a finding by the designated
court that an individual was not likely to commit any offence on bail could not
save an individual from these repeated detentions. The police killed many of the
victims within a year of their release from jail.
The case of Ram Singh provides a sober illustration of the use of TADA.
23
The police had repeatedly arrested 32-year-old Ram Singh, who was married
and had five children, because they suspected him of sheltering and feeding mili-
tants. His father Gura Singh had also disappeared after DSP Paramjit Singh took
him into custody in March 1990. In October 1990, DSP Paramjit Singh arrested
Ram Singh and other men from his village and took them to the CIA Staff interro-
gation center at Tarn Taran. SSP Ajit Singh Sandhu and SP (Operations) Khubi
Ram brutally tortured Ram Singh. Only after the torture did the police transfer
Ram Singh to Jhabbal police station and register a case against him under the Arms
Act and TADA. Ram Singh spent one year at the high security prison in Amritsar.
On 28 December 1992, Jhabbal police obtained a production warrant for Ram Singh
and brought him for interrogation to the station even before obtaining his remand to
police custody. The police alleged that Ram Singh died in an encounter that evening
around 6:30 p.m. near Dode village. The magistrate rubber-stamped his remand
order after his actual death.
Custodial Torture
Article 1.1 of the UN Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 1984 defines torture as: Any act by which
severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is sus-
pected of having committed, or intimidating or coercing him or a third person, or
for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
Article 2 of the UN Convention against Torture (1984) obligates the state par-
ties to the convention to take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under their jurisdiction. The state
may not invoke any exceptional circumstances whatsoever, whether a state of war
or a threat of war, international political instability or any other public emergency,
in order to justify the use of torture. An order from a superior officer or a public
authority may not be used as a justification for torture, either.
23
CCDP No. 00795, Sl. No. 276/959
India is a party to the UN Convention against Torture after its Union govern-
ment, under I. K. Gujrals premiership, signed it on 14 October 1997.
24
The problem of custodial torture is not new to the Indian police establishment.
In 1884, the Madras Presidency constituted the Torture Commission of India to
investigate complaints that the police and revenue officials used custodial torture as
a systematic tool to obtain confessions and recover land revenue from defaulters.
The commission examined 519 complaints thoroughly and found that 79 complaints
made against police officials and 198 complaints made against the revenue officials
were true. The commission described the prevalent methods of torture in the fol-
lowing words: Among the principal tortures in vogue in police cases we find the
following: Twisting a rope tightly around the entire arm or leg so as to impede
circulation; lifting up by the moustache; suspending by arms while tied behind the
back; searing with hot iron; placing scratching insects such as the carpenter beetle,
on the navel, scrotum and other sensitive parts; dipping in wells and rivers, till the
party is half suffocated; squeezing the testicles; beating with sticks; prevention of
sleep; nipping the flesh with pincers; putting pepper or red chilies in the eyes or
introducing them in the private parts of men or women; these cruelties occasionally
preserved until death sooner or later ensued.
25
The Torture Commissions report, published in 1855, concluded: What won-
der is it that the people are said to dread the police and to do all they can to avoid
any connection with a police investigation? Deliberate association with the crimi-
nals in their gains, deliberately framing false charges against innocent persons on
the ground of private spite or village faction, deliberate torture of suspected persons
and other most flagrant abuses occur occasionally.
26
The report precipitated a fervent discussion in official circles of the British gov-
ernment in India, resulting in a number of amendments to the Police Act of 1861,
the Indian Evidence Act and IPC that created elaborate procedural safeguards against
custodial crimes, made custodial confessions inadmissible as evidence, and pre-
scribed stringent punishment for custodial torture by law enforcement officials.
27
These amendments also led to the definition of injury under section 44 of the
24
The Hindu, 15 October 1997, India Accedes to the UN Convention on Torture, p. 13.
25
Torture Commission Report, 1855, Parliamentary Papers 420 1855, National Archives, New Delhi; Dr.
S. Krishnamurthy, Ph. D. IPS, Human Rights and the Indian Police, R. R. Publishers, Bangalore, 1994,
pp. 35-6, 64.
26
Torture Commission Report, ibid; Dr. S. Krishnamurthy, ibid, pp. 72-75.
27
Sections 330 and 331 of the Indian Penal Code made custodial crimes punishable with imprisonment
for seven to ten years. Section 330 says: Whoever voluntarily causes hurt for the purpose of
extorting from the sufferer or any person interested in the sufferer, any confession or any information
which may lead, to the detection of an offence or misconduct, or for the purpose of constraining the
sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or
valuable security or to satisfy and claim or demand, or to give information which may lead to the
restoration of any property or valuable security, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Section 331 says: Whoever voluntarily causes grievous hurt for the purpose of extorting from the
sufferer or any persons interested in the sufferer, any confession or any information which may lead to
the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person
interested in the sufferer to restore or to cause the restoration of any property or valuable security or to
satisfy any claim or demand or to give information which may lead to the restoration of any property or
valuable security, shall be punished with imprisonment of either description for a term which may
extend to 10 years, and shall also be liable to fine.
IPC, stating: The word injury denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property. Section 166 of the IPC provides
imprisonment for a term of one year and fine for any public servant who disobeys
the directions of the law and causes injuries to any person by such disobedience.
Section 348 of the IPC prescribes three years of imprisonment and fine to whoever
wrongfully confines any person for the purpose of extorting confession or any in-
formation which may lead to the detection of an offence or misconduct.
Section 348 provides for punishment to a person who wrongfully confines any
person for extorting any confession etc. It also provides for punishment for extor-
tion committed to extract information leading to the detection of offence or miscon-
duct.
We do not know whether these penal provisions against custodial torture had
any impact on the practice of the police establishment under the British rule. How-
ever, the evidence compiled by various police commissions in the country, since
Independence, including the report of the Third National Police Commission, re-
peatedly exposed widespread prevalence of the third degree method during police
investigations. The Mahajan Commission on Punjab police, constituted in 1961,
indicted the police authorities in the state, especially its CIA, of systematically us-
ing torture against suspects in their custody.
28
On 26 August 1994, the Law Commission of India, headed by former Chief
Justice of the Supreme Court K. N. Singh, submitted its 152
nd
Report on Custodial
Crimes to the Prime Minister with the remark that revolted by the increasing num-
ber of reports of custodial torture and deaths, the Law Commission had taken up the
subject sou motu for an in-depth study
29
The commission concluded that the anomalies and contradictions in the law of
evidence, especially between sections 26 and 27 of the Evidence Act, have signifi-
cantly contributed to the pervasiveness of custodial torture. Section 26 of the act
holds that no confession made by any person whilst in the custody of a police
officer, unless it be made in the immediate presence of a magistrate, shall be proved
as against such person. The commission pointed out that the safeguard provided
by this section against custodial torture was nullified by the exemption available
under section 27 of the Evidence Act, stating: Provided that, when any fact is
deposed to as discovered in consequence of information received from a person
accused of any offence, in the custody of a police officer, so much of such informa-
tion, whether it amounts to a confession or not, as are related distinctly to the fact
thereby discovered, may be proved. Section 27 effectively made admissible dis-
coveries based on confessional statements and the Law Commission of India rec-
ommended its repeal.
30
In constitutional terms, the protection against custodial torture is embedded in
the fundamental guarantee to right to life under Article 21 of the Constitution.
In Kharak Singh Vs. State of U. P.,
31
Justice Ayyangar of the Supreme Court of
India quoted an American Supreme Court judge: By the term life, as here used,
28
Dr. S. Krishnamurthy, Op. Cit. p. 75.
29
Law Commission of India, One Hundred and Fifty Second Report on Custodial Crimes, 1994, Chapter
I. 1.2.
30
ibid, Chapter 3, 3:29.
31
AIR 1963 Supreme Court 1295, para 15.
something more is meant than mere animal existence. The inhibition against its
deprivation extends to all these limits and faculties by which life is enjoyed. The
provision equally prohibits the mutilation of the body or amputation of an arm or
leg or the putting out of an eye or the destruction of any other organ of the body
through which the soul communicates with the outer world.
32
A large number of
subsequent cases decided by the Supreme Court have reinforced the injunction
against torture, as a part of the right to life. Torture, as an element of punishment in
any form and for any reason, is unconstitutional.
33
Even physical restrictions in
custody that amount to physical or mental infliction of pain are impermissible.
34
Physical and mental restraint of prisoners, which is not warranted by the punish-
ment awarded by the court and not in excess of the requirements of discipline,
amounts to human degradation and cannot be tolerated.
35
In a number of judgments, the Supreme Court has taken a strong stance against
officials responsible for custodial torture. In 1932, while India was still a British
colony, the Madras High Court ruled that no sanction for prosecution under section
197 of the CrPC was necessary when an officer of the state, who had the power to
arrest and hold in custody persons suspected of offences, misused the power to
torture him to obtain a confessional avowal.
36
In 1985, the Supreme Court of India
ruled that in cases of custodial torture, where victims are left without any evidence
except their own statements, the customary law of burden of proof has to change
and courts are free to infer guilt against accused officials.
37
The judgment inspired
the Law Commission of India to recommend the insertion of a new section in the
Indian Evidence Act.
38
Although the recommendation has not resulted in the neces-
sary amendment, the Supreme Court has upheld the principle in two other impor-
tant cases. In a 1992 judgment, the Court ruled that when the other evidence is
convincing enough to establish that the deceased died because of injuries inflicted
by the accused, the circumstances would only lead to an irresistible inference that
the police personnel who caused his death must also have caused the disappearance
of the body.
39
In yet another case involving a person found dead with injuries on
his body after the police had taken him into their custody, the Supreme Court held
32
Field J, in Munn Vs. Illinois, 1876 94 US 113 at p. 142.
33
Sheela Barse Vs. State of Maharashtra, Javed Vs. State of Maharashtra, AIR 1983 SC 378; AIR 1985
SC 231
34
Inderjeet Vs. State of Uttar Pradesh, AIR 1975 SC 1867.
35
Sunil Batra Vs. Delhi Adminsitration, AIR 1968 SC 1775; Sita Ram Vs. State of Uttar Pradesh, AIR
1979 SC 745; Sunil Batra Vs. Delhi Administration, AIR 1988 SC 1579, para 31, 42; Javed Vs. State of
Maharashtra, AIR 1985 SC 231, para 4, Sher Singh V. State of Punajb, AIR 1983 SC 465, para 11.
36
Ganapathy Gounder Vs. Emperor, AIR 1932 Mad. 214, 215: 33 Cri. LJ 557.
37
State of UP Vs. Ram Sagar Yadav, AIR 1985 SC 416.
38
Law Commission of Indias 113th Report on Injuries in Police Custody recommended the insertion of
the following section in the Evidence Act: 114B. (1) In a prosecution of a police officer for an offence
constituted by an act alleged to have caused bodily injury to a person, if there is evidence that the
injury was caused during a period when that person was in the custody of the police, the court may
presume that the injury was caused by the police officer having custody of that person during that
period. (2) The Court in deciding whether or not it should draw a presumption under sub-section (1)
shall have recourse to all the relevant circumstances, including, in particular, (a) the period of custody,
(b) any statement made by the victim as to how the injuries were received, being a statement
admissible in evidence, and (c) evidence of any magistrate who might have recorded the victims
statement or attempted to record it.
39
Bhagwant Singh Vs. State of Punjab, 1992, 3 SCC 249.
that the burden was on the state to establish how the victim came to sustain the
injuries resulting in his death.
40
These are lofty principles. But, as we have already seen, their constitutional and
judicial professions are diametrically contradicted on the plane of practice.
Our data reveals a systematic pattern and practice of torture inflicted on Punjabi
civilians by the Punjab police, the Indian army, paramilitary, and the CRPF. Nu-
merous human rights groups have also documented patterns and practices of torture
by the Punjab police in the course of their counter-insurgency operations.
41
In this note, we first discuss the Punjab polices motivations to use torture against
the victims of disappearances or extra-judicial executions. Then, we look at the use
of torture against family members, addressing the use of torture for the purpose of
obtaining information. Next, we highlight other experiences suggested by our case
sample, such as those of women in police custody.
Victims of Disappearances or Extra-judicial Executions
The CCDPs data shows that the Punjab police tortured the majority of victims
who they later disappeared or killed, as well as their family members. The follow-
ing motivations, among others, stand out: [1] Extortion of money; [2] Influences of
local vendettas; [3] Suspicion of providing shelter to militants; [4] Suspicion of
collaboration with militants because of the family and village connections; [5] Sus-
picion of sympathy for the militant cause; [6] Involvement with anti-establishment
politics; and [7] Belonging to the order of initiated Sikhs, known as the Khalsa. As
mentioned in the note on TADA, many people were also tortured in illegal custody
prior to the formulation of criminal charges against them and after the court acquit-
ted or released them on bail. Victims of disappearances and extra-judicial execu-
tions did not just experience torture immediately before their executions. Much of
the torture occurred months or years prior to their eventual death, often leading to
their fleeing their houses. Thus, the police tortured detainees for all of the purposes
listed in the definition of the UN Convention against Torture (1984).
The examples below highlight the police use of torture against the primary vic-
tims of disappearance or extra-judicial execution.
Extortion
Twenty-year-old Gulshan Kumar was the eldest son of Chamal Lal and Seeta Rani.
He attended school and also helped his parents hawk vegetables.
42
Late in the evening of 22 June 1993, around 10:30 p.m., a large police force, led
by DSP Dilbagh Singh and SHO Gurbachan Singh Manochahal of Tarn Tarans
City police station, came to Chaman Lals house and ordered them to open
the doors. On instructions from the DSP, the police rounded up all of the male
40
Nilabati Behara Vs. State of Orissa, 1993 2 SEC 746.
41
Physicians for Human Rights (Denmark), Eyes Wide Shut: Torture in Punjab Prevails (1999); Human
Rights Watch & Physicians for Human Rights, Dead Silence: The Legacy of Abuses in Punjab (1994);
Amnesty Intl, India: Torture, Rape & Deaths in Custody (1992); Amnesty Intl, India: Human Rights
Violations in Punjab, Use and Abuse of the Law (1991).
42
CCDP/01425, Sl. No. 326/1050
members of the family present in the house and, calling them thieves, started thrashing
them inside the house itself. Gulshan was especially targeted for rough treatment;
the DSP and other officers repeatedly demanded that he confess to certain thefts
and produce all stolen goods. Under torture, Gulshan started screaming. When a
large number of neighbors approached the house to see what was happening, the
police forced Gulshan, his brothers and his father into a police vehicle and took
them to Tarn Tarans City police station. According to Chaman Lal, the police also
tried to take his 18-year-old daughter Inderjit to the police station. However, the
neighbors intervened and prevented them from doing so.
At the Tarn Taran City police station, SHO Gurbachan Singh Manochahal forced
all of them to lie down with their faces to the floor and had them all thrashed. Police
pulled apart Gulshans legs at 180-degree angles. After his torture, Gulshan could
not walk. For the next three days, the police continued to torture Chaman Lals
family in police custody. On June 26, the police released Chaman Lal and one of his
sons after a large group of eminent persons from Tarn Taran visited the police
station to intervene on their behalf. Bobby and Balwinder, Gulshan Kumars broth-
ers, were released on the June 28 and 30. But the police did not release Gulshan
Kumar. The police officials said that they would release him after he recovered
from the injuries on his body.
A week later, DSP Dilbagh Singh demanded Rs. 200,000 for Gulshans release.
Chaman Lal was not in a position to pay so much money and pleaded with the DSP
to waive the ransom. The DSP told him that he had to raise the money if he cared to
see his son alive. Chaman Lal then met SSP Ajit Singh Sandhu and apprised him of
the demand made by DSP Dilbagh Singh for his sons release. The SSP refused to
intervene and asked him to speak to the DSP himself. Chaman Lal met DSP Dilbagh
Singh again and requested him to reduce the amount of money he was demanding.
When the DSP refused to make any concession, Chaman Lal promised to try and
raise the money. The DSP allowed Chaman Lal to visit his son in the police station
and bring him food and a change of clothes.
But the police continued to torture Gulshan. During visits to the police station,
Chaman Lal and Gulshans brothers witnessed his situation becoming increasingly
critical. The last time Chaman Lal saw his son in the custody of Tarn Taran City
police was on 22 July 1993. Gulshan could not move his body. Chaman Lal tried to
feed him with his own hands, but Gulshan could not swallow the food.
The story of Gulshans eventual extra-judicial execution can be read in the sec-
tion of case summaries. His experiences highlight some of the torture methods
used by the police, and the polices use of torture to extract money from families.
In many cases, families paid officers and succeeded in freeing their relatives from
police torture, sometimes only temporarily.
Sheltering Militants
Dalbir Singh alias Balbir, was 30-years-old and lived at Patti Baaje Ki, in village
Sohal under Jhabal police station. He was married and had a daughter.
43
Soon after the eruption of militancy, the police began to suspect that Dalbir
43
CCDP/01403, Sl. No. 175/669
sheltered armed militants at his farmhouse. The Jhabal police frequently raided his
house, and they arrested and interrogated him regularly under brutal torture. The
village elders intervened many times and secured his release. The family also had to
bribe the policemen. In 1991, the police implicated Dalbir in a case under the Arms
Act and imprisoned him for six months. When he came out on bail, the police
started torturing him again. In early 1992, Dalbir, along with his wife and daughter,
moved to Uttar Pradesh where his relatives lived.
The police then started tormenting his elder brother Kashmir Singh to produce
Dalbir at Jhabal police station. Under pressure, Dalbir Singh came back and went to
the police station in the third week of April 1992. The police illegally detained and
interrogated him under torture for several days and then allowed him to return home.
On 29 April 1992 morning, Dalbir Singh went to the farm house of a distant
relative, Preetam Singh, who lived in the same village, to recuperate from the tor-
ture. The section on case summaries describes how he was captured and killed few
hours later. The case of Harjit Singh highlights the savage character of the Punjab
polices use of torture. Twenty-five-year-old Harjit Singh had gone to visit his aunt
at village Mannan on 1 August 1990.
44
A large police force from Jhabal and Tarn
Taran police stations had surrounded villages Lalu Ghuman and Mannan on the
basis of information that militants were hiding between the two villages. SHO Gurdev
Singh of Jhabal police station arrested Harjit. A large number of people witnessed
his arrest. The police took Harjit to Jhabal police station for interrogation. Some
hours later, the SHO tied Harjit to a police jeep and had him dragged around on the
road outside the police station to make an example of what the police would do to
persons who sheltered or supported underground militants. The ghastly spectacle
was witnessed by a large number of people in Jhabal. Presumably, Harjits torture
yielded the information enabling the police to arrest Kashmir Singh, son of Dara
Singh of Lalu Ghumman village, who was forced to identify the militant hideout.
Family Members
Many cases mentioned in the section on case summaries show how the police tor-
tured the family members to compel them to produce their relatives who had joined
the underground militants and for information about their whereabouts. The data
shows that the police succeeded in obtaining information only in a handful of cases,
suggesting that the majority of families were not involved.
45
Jaswinder Singhs older brother Baljinder Singh was a member of the Sikh Stu-
dents Federation and a suspected militant. The story of Baljinders disappearance,
the torture of his family members, and the subsequent disappearance of his father and
grandfather is recounted in the case summaries.
46
In early 1988, the Tarn Tarans
CIA staff police began to raid Baljinder Singhs house to arrest him. They illegally
detained and tortured him for two weeks and then released him without pressing any
formal charges. In June 1990, they again arrested Baljinder but released him after his
44
CCDP/00144
45
See CCDP/01548, Sl. No. 294/994; CCDP/01553, Sl. No. 315/1031; CCDP/01201 and 01202, Sl. Nos.
120/10 and 121/11; CCDP/01207, Sl. No. 451/113; CCDP/01214, Sl. No. 608/170; CCDP/01362, Sl.
No. 193/30; CCDP/01435, Sl. No. 617/1059; CCDP/01288, Sl. No. 428/265
46
CCDP/01025, Sl. No. 362/66
father paid Rs. 20,000. After these experiences, Baljinder went underground.
The police subsequently targeted his family members. One day in the last week
of October 1992, a joint police force comprising the Punjab police led by SHO
Major Singh of Sarhali police station and a contingent of the CRPF officials raided
Sukhdev Singhs house and took him and his younger son Jaswinder into custody.
They were first taken to the B.R. Model School Interrogation center at Amritsar
where the police interrogated them under brutal torture about Baljinders where-
abouts. Later that day, both of them were moved to Sultanwind police station and
then again to the CIA staff interrogation center at Tarn Taran. For four days, the
police ruthlessly tortured both Sukhdev Singh and Jaswinder. Jaswinder described
his experience to the CCDP investigation team:
At the B.R. Model School, SHO Major Singh, assisted by six other policemen,
interrogated us. I was taken to a big hall. The SHO slapped me many times and
asked me to disclose where my brother was. I did not know and told him so. The
SHO said, Alright, let me help you remember where your brother is hiding, and
had me hung upside down from the ceiling with several policemen beating me with
large sticks. After some time, I was brought down and asked the same question. As
I was not able to give any answer, the policemen started pulling my legs apart
horizontally, rupturing my thigh muscles. Then they tied my hands and legs and
started administering electric shocks. All the time, my interrogators kept repeating
the same question. I just did not know where my brother was. Otherwise, I would
have disclosed it to escape my torture. After two hours, I was taken out of the room
and then my father was brought in. I was semi-conscious, but still I could hear my
father shrieking in pain. He was tortured for three hours.
Later, both of us were forced into a jeep and taken to Sultanwind police station
where we were locked up in a cell for two hours. No one tortured or questioned us
there. But two hours later, we were taken to the CIA staff office in Tarn Taran
where the same process of interrogation recommenced.
Sukhdev Singh and Jaswinder were released five days later from the illegal
custody after the teachers union in Punjab threatened to go on a strike. On 31
October 1992, Sukhdev Singh and his father-in-law Sulakhan Singh were arrested
again from their house by SI Avtar Singh of Sarhali police station and taken away
for interrogation. Both of them later disappeared.
This torture of family members often led to their disappearance or physical
debilitation. Balwinder Singhs uncle, for example, was arrested by the police be-
cause of his relationship to Balwinder Singh and then killed in a fake encounter.
47
The Beas police also tortured his fathers brother Bachan Singh, leaving him bed-
ridden for three years and leading to his death. Officers from the Mall Mandi Inter-
rogation center tortured Tarlochan Singhs father Kishan Singh; he has lost the use
of his arms. The police used to tie his hands behind his back and suspend him from
the ceiling with a rope attached to his hands that went through a big hook in the
middle of the ceiling.
48
The police usually failed to procure information from family members through
the use of torture. However, the police continued to justify their use of torture for
47
CCDP/o1633, Sl. No. 341/60
48
CCDP/01217, Sl. No. 449/111
information, even though victims insisted on their ignorance. In Gurdev Singhs
case, CRPF officials, led by inspector Tiwari, did not relent on the torture despite
Gurdevs repeated denials of their accusations that he was a militant or possessed a
cache of arms for terrorist action.
49
The police brought Hardeep Singh into Gurdevs
interrogation room and made him repeat the allegations. As Gurdev continued to
deny the allegations, the police increased the severity of his torture, until he col-
lapsed and became unconscious. His brothers, locked in a different cell, saw that
Gurdevs right hand and left ankle appeared to be fractured. The next morning, the
police killed both Gurdev and Hardeep in a fake encounter.
In another example, a young boy lied and told DSP Paramdeep Singh Teja of
Bhikhiwind police that he had received shelter from Pargat Singh in October 1989.
50
He also alleged that he had hidden his weapons at Pargat Singhs house. When a
police search of Pargat Singhs house failed to uncover anything incriminating, the
young boy started crying and told them he had lied to escape further torture. The police
went back with the young boy, but later in the day arrested and killed Pargat Singh.
Witnesses
Many family members and fellow detainees witnessed the torture of the victims
described in this report. In fact, the police did not attempt to conceal their use of
torture. In the case of Sukhwinder Singh, a joint party of the CRPF and police led
by SHO Raghbir Singh of Harike police station cordoned off the village of Thatian
Khurd in Patti subdivision of Amritsar district on 22 September 1992.
51
Around 3
p.m., Sukhwinder and other villagers were standing around the village gurudwara
when SHO Raghbir Singh started accusing Sukhwinder of sheltering militants and
thrashed him. Although Sukhwinder denied all charges, the SHO dragged
Sukhwinder inside the gurudwara and started torturing him there, where villagers
could hear Sukhwinders shrieks. His sister Sukhwant Kaur came running into the
gurudwara and lay down over her brother and pleaded with the SHO to not torture
him. The officers pushed her aside, stripped Sukhwinder naked and tortured him
there in the gurudwara before dragging him into a police vehicle. Sukhwinder was
killed in a fake encounter two days later.
In other cases, the police allowed family members to meet the detained in cus-
tody. Arur Singhs wife brought him food in custody and witnessed the critical
condition he was in due to police torture. The next morning, when she returned to
the police post around 5 a.m., she saw the police taking Arur Singh to the bath-
room.
52
Both of his arms were broken. Arur Singh spoke to his wife, asking her to
pursue his case vigorously. The police eventually killed him in illegal custody.
The police often brought the detainees back to their houses for search opera-
tions. Family members witnessed the police dragging the victims in and out of
vehicles because the victims themselves could not walk.
53
In one case, the police actually returned the bodies to the families, although they
49
CCDP/01580, Sl. No. 33/76
50
CCDP/01529, Sl. No. 55/145
51
CCDP/01493, Sl. No. 229/853
52
CCDP/00543, Sl. No. 274/967
53
See CCDP/01352, 01411, 01412, 01413, Sl. Nos. 319/1043 to 322/1046.
are listed as having been cremated by the police on the CBI List (See Sl. No. 72/
183). The bodies bore marks of severe torture. Their finger nails had been re-
moved. Their thighs were bruised from the rolling of heavy logs with policemen
standing on them, a common method of torture.
Women
The Punjab police sexually abused the female relatives of people they eventually
disappeared or executed.
The Jandiala police regularly harassed Rachhpal Singh because they were insti-
gated by locally influential people who Rachhpal had antagonized. The police
detained and tortured Rachhpal, implicating him in a criminal case under TADA.
Rachhpal was acquitted after one year, but the police rcontinued to harass him.
When Rachhpal left home, the police began targeting his family members. The
police regularly picked up and tortured family members and other relatives, includ-
ing women. They did not even spare pregnant women. Rachhpals sister-in-law, his
brother Balraj Singhs wife, and the wife of his cousin Tarsem Singh, gave birth to
two children in the police station. Rachhpals three sisters were often abducted and
humiliated in illegal police custody. His father Pargat Singh and brother Balraj
Singh were held continuously at Tarn Tarans CIA interrogation center.
54
In another case, the SSP of Tarn Taran, Ajit S. Sandhu, forced the wife of the
person they initially wanted to detain to spend a night at his house. Thirty-five-
year-old Sardul Singh, son of Puran Singh and Kesar Kaur, was a constable of the
Punjab Armed Police and was arrested for participating in the conspiracy to assas-
sinate director general of police, Julio Ribeiro.
55
After three years in jail, he was
released on bail and he opened a dairy farm, becoming the secretary of the Verka
Co-operative Society. He regularly attended his court hearings.
In the first week of December 1992, a group of officers from Tarn Taran police
station raided Sarduls house while he was out collecting payments. They told his
family that Sardul had to report to SSP Sandhu. Two weeks later, after Sardul
failed to produce himself at the station, the officers raided his house again and took
his wife Manjit Kaur into illegal custody. They kept her at Tarn Taran police sta-
tion for 12 days and then at Goindwal police station for six days. Then SSP Sandhu
forced her to spend one night at his house.
Sardul Singh used a police informer to negotiate his wifes release, but she still
had to spend two days at the headquarters of Ajit Singh Phoola, a conduit between
the informer and the Punjab police. The story of Sardul Singhs subsequent torture,
detention and execution are explained in his case summary.
The Indian Armed Forces
This note will first describe the basic legal framework that guides the use and op-
eration of the Armed Forces, both generally and also during the counter-insurgency
54
CCDP/01509, Sl. No. 614/173
55
CCDP/00751
operations in Punjab. After establishing the legal framework, the note will describe
how the Armed Forces operated as shown in the CCDPs data. The CCDP has
limited data on the operations of the Armed Forces in Punjab during the early 1990s.
Thus, this note will concentrate on laying the legal framework and highlighting the
salient positive and negative examples. It will conclude by raising issues pertinent
to the NHRCs evaluation under the jurisdiction conveyed by Article 32 of the
Constitution of abuses committed by the Armed Forces.
Legal Framework
Code of Criminal Procedure
Sections 129 and 130 of the CrPC govern the use of Amed Forces in general situa-
tions. Under these sections, the use of Armed Forces must abide by three require-
ments:
1. Their use is limited to dispersing unlawful assemblies or any assembly of five
or more persons likely to cause a disturbance of the public peace;
2. Armed Forces cannot be used unless other methods fail; first an executive mag-
istrate or police officer in charge of a police station must command the assem-
bly to disperse; then, if the assembly does not disperse, the executive magistrate
or police officer may ask any male person, not being an officer or member
of the Armed Forces to help. Only if these two methods fail, does the execu-
tive magistrate of the highest rank present ask for assistance from Armed
Forces.
3. The Armed Forces must then act according to the laws regarding arrest and
searches. They may, under the command of the magistrate, arrest and confine
persons composing the assembly. Section 130(3) requires that the Armed Forces
use as little force, and do as little injury to person and property, as may be consis-
tent with dispersing the assembly and arresting and detaining such persons.
When the governor of Punjab or the administrator of Chandigarh decided that
they needed Armed Forces to aid civil power and declared the area to be a disturbed
area
56
, then the Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983
(AFSPA) additionally governed the use of Armed Forces. Punjab was declared to
be a disturbed area at the promulgation of AFSPA in June 1984
57
until the Rajiv-
Longowal Accord in July 1985
58
, and again from November 1991
59
until the end of
1993
60
. It is necessary to lay out the special powers granted to the Armed Forces in
disturbed areas in order to properly evaluate their behavior during these time
56
Section 3, Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983.
57
The Tribune, 3 June 1984, Army called in as 13 more killed.
58
Ram Narayan Kumar, The Sikh Unrest and the Indian State: Politics, Personalities and Historical
Retrospective, Ajanta Books International, Delhi, 1997, p. 239; The Tribune, 30 July 1985, Inderjit,
Punjab: The inside story.
59
The Tribune, 23 November 1991, Not by Army alone
60
K.P.S. Gill, Endgame in Punjab: 1988 1993
http://www.satp.org/satporgtp/publication/faultlines/volume1/Fault1-kpstext.htm
periods. Section 4 of the AFSPA describes the special powers granted to the Armed
Forces in a disturbed area. Among other powers, any officer may:
Section 4(a): Fire upon, and even kill, any person who is contravening any law
or order in place prohibiting the assembly of five or more persons or the carry-
ing of weapons or of things capable of being used as weapons or of firearms,
ammunition or explosive substances. Before firing, the officer must first make
sure his action is necessary to maintain public order and then give due warning;
Section 4(c): Arrest, without warrant, of any person who has committed a cog-
nizable offence or against whom a reasonable suspicion exists that he has com-
mitted or is about to commit a cognizable offence and may use such force as
may be necessary to effect such arrest;
Section 4(d): Enter and search, without warrant, any premises to make any
such arrest as aforesaid and to recover stolen property, among other things.
Section 4 grants other powers that are not specifically relevant to the scenarios
presented in the CCDP data. Section 6 requires that any person arrested or taken
into custody under AFSPA must be handed over to the officer in charge of the
nearest police station with the least possible delay.
Exceeding Legal Authority
Based on the legal framework provided by the CrPC that governed the use of Armed
Forces in Punjab when it was not a disturbed area, we can evaluate the actions of the
Armed Forces, as reported in the CCDP data, according to the following questions:
Did the situation present an unlawful assembly or assembly of five or more
persons likely to disturb the peace?
Did a police officer or executive magistrate first try to disperse the assembly
with the police forces, or with private help?
When the Armed Forces were called in, did they follow the general procedures
of arrest and confinement?
Did the Armed Forces use as little force and do as little injury to person and
property as the situation required?
During the periods when Punjab was declared a disturbed area, we also must
evaluate the performance of the Armed Forces under the AFSPA and the Code of
Criminal Procedure. Although the act granted the Armed Forces draconian powers
to shoot to kill, the Armed Forces could only shoot at unlawful assemblies and
arrest those who committed offenses or against whom a reasonable suspicion ex-
isted. The Armed Forces also had to depend on the local police for investigation,
search of premises, arrest and initiation of trial under criminal law.
61
61
K. V. Thomas, Use of the military and paramilitary forces in situations of low intensity conflict, in
Human Rights, Terrorism and Policing in India, Indian Social Institute, New Delhi, 1999
The CCDPs Data
The Committees case studies mention several joint police and Army operations, spe-
cifically related to the cordoning off of villages and arrests of specific persons. In
some of these examples, it is difficult to discern whether the Armed Forces followed
the procedures required by law. In others, the abuses are obvious. Below, we high-
light the CCDP cases that reported obvious abuses committed by the Armed Forces.
Human Shield
In the most egregious example, the Armed Forces participated in a raid on three
militants and used six innocent villagers as a human shield before storming the
house in which they were hiding.
62
On 8 June 1992 morning, a large mixed force of the Punjab police led by SSP Ajit
Singh Sandhu and SP [operations] Khubi Ram and units of the Army and paramili-
tary, surrounded the abandoned house of Manjinder Singh, a former member of the
Punjab legislative assembly, in village Behla. Apparently, the house was being used
as a hideout by militants associated with Surjeet Singh, son of Tarlok Singh from
Behla. Surjeet Singh Behla was a renowned militant and the senior leader of the
militant group, Bhindranwala Tigers Force. His associates were 18-year-old Sukhdev
Singh, alias Maddi, son of Santokh Singh and resident of Behla, and Harbans Singh,
son of Mehr Singh from Sarhali in Tarn Taran subdivision of Amritsar district.
Before storming the house where these three militants were hiding, the police
and Army officers decided to round up seven or eight villagers from Behla to walk
in front of the police force and act as human shields. The following are the names
of the six innocent villagers who were killed in the operation that ensued: [1] Kartar
Singh, s/o Aasa Singh; [2] Niranjan Singh, s/o Boor Singh; [3] Sakatter Singh, s/o
Niranjan Singh; [4] Lakhwinder Singh, s/o Channan Singh; [5] Gurmej Singh; and
[6] Ajit Singh, s/o Mangal Singh.
Twenty-five-year-old Sakatter Singh, son of Niranjan Singh and Balwinder Kaur,
was married to Sharanjit Kaur and had two daughters. He was an Amritdhari Sikh
and was not known to have any political or militant affiliations. He worked as a
farmer with his father on their three acres of land. The police abducted him, his
father Niranjan Singh, and his brother Sukhchain Singh while they were working in
their fields. Sukhchain Singh, who was part of the front column, however, man-
aged to escape after suffering serious wounds.
Fifty-five-year-old Niranjan Singh, son of Boor Singh and Kartar Kaur, was
married to Balwinder Kaur. He was a farmer and owned three acres of land and
also made money by selling milk. Niranjan Singh had four children and reportedly
had no political or militant association.
Another villager who was forced to be part of the human shield was 20-year-old
Lakhwinder Singh, the youngest son of Chanan Singh and Gurmej Kaur. He too
was not known to be associated with any political or militant group. He was water-
ing his fields when the forces picked him up.
62
CCDP/00344, 00378, 00379, Sl. Nos. 188/709 to 190/170 and CCDP/00343, 00378, 01374, 01375,
01376, Sl. Nos. 69/703 to 73/708
Ajit Singh, from Behla village in Tarn Taran, was a 60-year-old man married to
Preetam Kaur with seven children. He owned a horse driven cart and was employed
by a brick kiln owner to transport bricks to his clients. He had no known political or
militant connection, or criminal background, nor enmity with anyone in his village.
Ajit Singh brought a cartload of bricks to Niranjan Singhs house when the police
came and forced him to be a part of the human shield.
After entering the house, the security forces discovered that the house had a
basement but no door to enter it from inside. They demolished the floor that was
the cellars roof. When the militants holed up inside opened fire, the police pushed
the eight villagers in front of them and used them as cover as they fired back. Six
villagers and the three militants died. Two others were seriously injured but sur-
vived: The sarpanch of the village and Niranjan Singhs other son Sukhchain Singh.
The encounter lasted 32 hours.
In the evening of June 9, the police removed the bodies of all nine people and
cremated them at Tarn Taran. Only Ajit Singhs family was allowed to attend the
cremation; none of the other families were allowed to perform the last rites.
The Armys participation in this raid and their use of innocent villagers as a
human shield obviously surpasses any special powers conferred by the Armed Forces
Special Powers Act.
Checkpost and Combing Operations
Another case highlights the violation of section 4(a) of the AFSPA. This section
specifically states that the Armed Forces can shoot at any person only after giving
prior warning and only if the targeted person is violating any law or order. On 27
March 1991, Sawinder Singh, an 18-year-old boy from village Valipur under Tarn
Tarans City police station, and his cousin Jagtar Singh were cycling to village
Kherai to visit relatives.
63
The Army had set up a checkpost over a canal bridge on
Mughal Chack-Kherai road. As Sawinder and Jagtar crossed the bridge, a soldier
from the checkpost opened fire at them, killing them instantly.
The soldier failed to warn them and shot at them indiscriminately, despite their
innocent behavior.
The Army also participated in combing operations with the police. Jaimal Singh,
son of Dharam Singh and Mohinder Kaur from village Bhail, was detained by a
joint force of the police and the army. That same night, he was reported killed in an
encounter. Although the police did not reveal this to his family, the commander of
the Army camp at village Thathian Mahantan told them .
Knowledge of Human Rights Abuses
The above example highlights the issues that must be probed to understand the
behavior of the armed forces during the counter-insurgency operations. In another
example, a commanding officer (CO) transferred his detainee to the Tarn Taran
police despite the knowledge that they had earlier tortured him and had burnt his
63
CCDP/01440, 01441, Sl. Nos. 114/361 to 115/362
household belongings.
64
The detainee later disappeared. Was the officer aware or
complicit in the disappearance?
Forty-year-old Gulzar Singh, son of late Harnam Singh and late Phinno, was a
Mazhabi Sikh resident of village Rataul, Mazhabian di Patti, under Tarn Tarans
City police station, in Tarn Taran subdivision of Amritsar district. He was married
to Jagir Kaur and they had two sons and a daughter. Gulzar Singh was a naik (a
junior commissioned officer) in 2 Sikh Light Infantry. He was not known to have
any political or militant affiliations. However, his younger brother Dilbagh Singh
had been arrested and implicated in a criminal case. Both brothers were married
and lived separately.
In April 1991, while Gulzar Singh went home on leave, a large contingent of the
Army and police forces surrounded the village. The police suspected that some
militants were hiding inside the village. They conducted a house to house search,
including the house of Gulzars brother Dilbagh Singh who was not home then.
Since Gulzar Singh was his neighbour, the police asked him about his brother.
Gulzar Singh replied that he did not know anything about him. On hearing this, the
police started beating Gulzar Singh, arrested him and took him away. They also put
Gulzars house on fire, burning all of his household items. In the meantime, the
police arrested Gulzar Singhs brother Dilbagh Singh from the fields.
Gulzar Singh sustained serious injuries on his head from the police beating. The
police handed him over to the Dogra Regiment of the Army, on field duty in the
area of Tarn Taran. The Army unit provided first aid to Gulzar Singh and sent him
back to his unit at Jammu. His wife and children also accompanied him to Jammu.
Gulzar Singh complained about the ill treatment meted out to him and the head
injuries inflicted by the police to his CO. The CO wrote a letter of protest to the SSP
of Tarn Taran. In reply, the SSP Tarn Taran wrote that they wanted Gulzar Singh, in
connection with the murder of some police officers and that his custody should be
transferred to the police.
One day, Gulzar was arrested from his quarter by one of his superior officers.
After about a month, Gulzars wife met the officer to make inquiries, but did not
receive clear answers. Jagir Kaur waited for two months and then returned to the
village. She was never informed by anybody that the Army authorities had handed
Gulzar Singh over to the Tarn Taran police. The family learnt about this a long time
after the incident when the Army authorities wrote in reply to their letters that Gulzar
Singh had been handed over to the SSP of Tarn Taran. The SSP of Tarn Taran, in a
letter dated 23 January 1992, had intimated Gulzar Singhs unit in Jammu that he
had escaped from their custody on 22 January 1992 while he was being taken to the
civil hospital for treatment.
The Army authorities did not pay Gulzar Singhs service benefits to his family
because the family could not produce proof of his death.
Interrogations
The CCDPs cases also reveal Army participation in interrogations, going
beyond the powers granted to them for searches, arrests and dispersing unlawful
64
CCDP/01231, Sl. No. 399/619
assemblies. In the beginning of November 1992, Resham Singh was called to the
Army Camp Headquarters at village Bhoore Kohne where they held him and inter-
rogated him for 10 days.
65
On 14 November 1992, the Army released him after
satisfying themselves that he was not involved in militant activities. As required by
section 6 of the AFSPA, the Armed Forces had not transferred custody of Resham
Singh to the police with the least possible delay. Under what power and whose
direction did the Armed Forces operate in initiating their own interrogations? The
matter is further complicated by the subsequent events. Resham Singh was arrested
by SHO Sulakhan Singh of Khemkaran police station on November 14, soon after
he returned home following his military custody, along with his father. Resham
Singh was later arbitrarily executed.
NHRC
The NHRCs proceedings in the matter of illegal cremations are not limited by the
mandate of the Protection of Human Rights Act, 1993. Thus, section 19 of the act,
which restricts the commission from investigating allegations of human rights abuses
committed by the Armed Forces, has no force. In this case, the NHRC is operating
under the authority of the Supreme Court and has the all-encompassing powers of
Article 32 of the Constitution to reach injustice, no matter who is the perpetrator.
Section 7 of the AFSPA and sction 132 of the CrPC require sanction by the
Central government prior to the initiation of prosecutions against members of Armed
Forces. However, the section does not affect the NHRCs proceedings in this case
since the Supreme Court ordered the CBI to deal with the issues of culpability and
prosecution of responsible officials separately. The NHRC remains free to examine
the responsibility of the magistracy in controlling excesses and the human rights
violations that took place in the course of joint operations carried out by the Punjab
police and the army.
Victims Property
The Punjab police supplemented their practices of torture, extra-judicial execution,
and other abuses with the expropriation, destruction, confiscation, and damage of
property belonging to victims and their families. The police prevented many fami-
lies from cultivating their land and thus sustaining their livelihood. They confis-
cated household belongings, money, and other possessions. The police destroyed
or damaged houses and crops and forced families to flee their property by harassing
and abusing them. Many families also had to sell their belongings and agricultural
land to pay ransoms demanded by police officers.
The Punjab police used these practices to put pressure on the families to pro-
duce the person wanted by the police; to get the wanted person to turn himself in; to
extort money and property from families for personal profit and to generally harass
and intimidate the families. They engaged in these practices especially after the
65
CCDP/01683, Sl. No. 257/916
main person they were targeting fled his house or went underground, and also prior
to the victims leaving, during house searches and after they had killed the victim in
a fake encounter.
Harassment after Primary Victim Fled
The majority of cases dealing with property expropriation or damage involved abuses
inflicted on families after the primary person targeted by the police had fled or gone
underground. After Gurjit Singh went underground, for example, the Majitha po-
lice illegally detained and brutally tortured his father Mohinder Singh for three
weeks.
66
They implicated him in a criminal case under TADA. After Mohinder
Singhs release on bail in February 1991, the police continued to raid his house and
detain and torture him, his wife and daughters. The police confiscated his house-
hold belongings. They then demolished the roof of his house and also removed all
doors, forcing Mohinder Singh and his family to seek refuge with their relatives.
After forcing them to flee their house, the Majitha police established a police post
there. They used Mohinder Singhs house as a police post until the middle of 1994.
Many families gave specific details about the property expropriated by the po-
lice. The police took all household items and six buffaloes, one wheat harvesting
machine, one tractor, three electric tubewell motors, furniture, and 10,000 kilo-
grams of wheat from Nishan Singhs family.
67
Not only did they force Balwinder
Singhs family to do forced labor for them at the police station, but they also confis-
cated all household goods, bedding, 10,000 kilograms of wheat, 15,000 kilograms
of paddy, and farm and milk cattle.
68
The polices expropriation, confiscation and damage of property, left families
destitute in addition to being harassed and tortured. The police frequently raided
the house belonging to Paramjit Singh, a militant, and detained and tortured his
father and brother. The police also confiscated their household goods and demol-
ished their house. After the death of Paramjit, and the implication of his son Surjit
Singh in criminal cases, their father Roor Singh now lives in Gurudwara Hazur
Sahib.
69
Property Abuses following Fake Encounter
Even after killing their loved ones, the police continued to harass their family mem-
bers. After Paramjit Singhs family returned home from his cremation following
his death in a fake encounter, head constable Surjit S. Bazigar reached his house
with a police force and burned down all household items, including the tubewell
room of his farm and the doors of his house. The family fled the village and did not
return for a year. They estimate the loss to their property and agricultural income to
be more than Rs. 100,000.
70
Balraj Singhs family suffered a similar fate. The death of their loved one did
66
CCDP/01655, Sl. No. 498/134
67
CCDP/01497, Sl. No. 281/968
68
CCDP/00756, Sl. No. 300/1005
69
CCDP/01267, Sl. No. 315/51
70
CCDP/01285, Sl. No. 444/106
not end their harassment at the hands of the Punjab police. The police continued to
raid his fathers house, eventually confiscating all valuable household items and
burning down his house. Sukhdev Singh, his father, estimates the loss to be around
Rs. 200,000. The police also tortured him and implicated Sukhdev Singh in a criminal
case. The court, however, acquitted him after three months.
71
Extortion
Many families had to sell their land or property to fulfil the ransoms demand of
Punjab police officials who held their loved ones under illegal detention. The po-
lice had already killed Manjit Kaurs husband and two sons.
72
Thus, when they
detained Major Singh for interrogation, Manjit Kaur sold some acres of her land to
bribe the police officials so they would not also kill her third son.
In the case of Resham Singh, DSP Ashok Kumar and SHO Raj Kumar told
Resham Singhs father Tara Singh to pay Rs. 25,000 before they would release his
son.
73
After Tara Singh protested, the DSP and SHO lowered their ransom require-
ment to Rs. 20,000. That day, Tara Singh sold two of his sturdy buffaloes and paid
the Rs. 20,000 to the policemen. They told him, however, to come back in six or
seven days to take Resham Singh home; he still needed to recuperate from the
torture. Tara Singh spoke to Resham Singh who told him that his torturers had
threatened to kill him unless he sold his share of the land and paid the proceeds to
them. The police continued to torture him even after Tara Singh had paid the Rs.
20,000, and eventually they killed him in a fake encounter.
Police Retribution
When Gurinder Singhs father Bakhshish Singh used the intervention of local poli-
ticians to recover his motorcycle from the Chheharta police station after they had
killed his son in a fake encounter, SHO Gurmeet Chand instigated the Kang police
to arrest Bakhshish Singh and torture him in illegal police custody for seven days.
The torture was so severe that Bakhshish Singh could not walk for 15 days after his
release.
74
The Lower Judiciary and Its Role
In the landmark case D.K. Basu v. State of West Bengal
75
, the Supreme Court of
India addressed the fundamental issues of custodial torture and the misuse of police
powers, stressing the gravity of abuses committed by the protectors of the citi-
zens. The Court specifically highlighted the role of the judiciary, focusing on the
negative role the judiciary had played in actually encouraging custodial torture. It
quoted the State of Madhya Pradesh v. Shyamsunder Trivedi case to discuss the
71
CCDP/00774, Sl. No 111/9
72
CCDP/01241, Sl. No. 26/51
73
CCDP/00726, Sl. No. 275/958
74
CCDP/00741, Sl. No. 202/26
75
D.K. Basu v. West Bengal, (1997) 1 RCR 373 (India).
standards of evidence in prosecuting errant policemen: Tortures in police custody,
which of late are on a rise, get encouragement by this type of an unrealistic ap-
proach of the courts because it reinforces the belief in the mind of the police that no
harm would come to them, if an odd prisoner dies in the lock-up, because there
would hardly be any evidence available to the prosecution to directly implicate
them with the torture. The courts must not lose sight of the fact that death in police
custody is perhaps one of the worst kinds of crime in a civilised society, governed
by the rule of law. (para 24)
This note will first briefly touch on the legal obligations of the lower judi-
ciary to ensure that suspects in police custody do not suffer abuses and violations of
their rights. The note will then compare how these legal imperatives square with the
reality presented in our cases.
Constitution of Criminal Courts and Offices
Chapter III of the CrPC, deals with the constitution of the courts under every high
court. Under section 6 of the CrPC, their hierarchy is defined in the following order:
[i] Courts of session; [ii] Judicial magistrates of the first class and, in any metropoli-
tan area, metropolitan magistrates; [iii] Judicial magistrates of the second class; and
[iv] Executive magistrates. Article 141 of the Constitution declares that the law
declared by the Supreme Court shall be binding on all courts within the territory of
India.
The Legal framework
Section 190 of the CrPC empowers any magistrate of the second class to take cog-
nizance of any offence on receiving a complaint of facts which constitute such an
offence, on information received from any person other than a police officer, or
upon his own knowledge. Section 190(a) of the CrPC especially empowers even
the executive magistrates in Punjab with these powers of cognizance. Section 267
of the CrPC empowers every criminal court to require the production of a prisoner
if it appears that it is necessary for the ends of justice to examine such person.
Section 344 of the CrPC empowers the courts of session and magistrates of the first
class to initiate summary proceedings against anyone who appears to have know-
ingly and willfully given false evidence or fabricated false evidence to influence
the proceedings.
Under section 167 of the CrPC, no person can be detained in police custody for
more than 24 hours without the authorization of a competent magistrate. In Sheela
Barse Vs. State of Maharashtra, the Supreme Court ruled that the magistrate before
whom an arrested person is produced, shall ascertain from him whether he has any
complaint of torture or maltreatment in police custody.
76
In Joginder Kumar Vs. the
State of Uttar Pradesh, the Supreme Court repeated the same rule and stressed its
scrupulous observance.
77
In the D. K. Basu case the court stressed the importance
of the judiciary in upholding the fundamental rights guaranteed by Articles 21 and
76
Sheela Barse Vs. State of Maharashtra, AIR 1983 SC 378) (Chapt. 5. , 5:11
77
Joginder Kumar Vs. State of Uttar Pradesh, 1994, 3 J. T. SC 423
22 and the role of the judiciary in evaluating evidence against the police. The
following principles can guide our analysis of the judiciarys role in dealing with
people in police remand:
The judiciary must take cognizance of custodial abuses, like torture. Thus, any
remand to the police for further investigation after claims of custodial torture is
complicity in the torture itself.
The judiciary must ensure that the police follow the procedures for arrest de-
scribed in Article 22 of the Constitution and Chapter V of the CrPC. In this
analysis, the court must account for the ground realities of police abuse and
cover up.
78
The CCDP Data
The cases investigated by the CCDP show that the judiciary did not take the mini-
mum necessary steps in countering custodial abuse. In only 16 out of 513 cases did
our informants testify that the police brought the victim before a local Punjab mag-
istrate after the last arrest leading to the victims disappearance or extra-judicial
execution. In two cases, magistrates in other states granted remand to the Punjab
police. This highlights that in the vast majority of the cases, the police ignored
Article 22 and related statutory provisions.
Four cases highlight particularly egregious examples which show that the mag-
istrates either granted remand after the detainees death, granted remand from their
house and not the court, refused to accept evidence from families regarding the
illegal abduction of the detainees, and granted remand to a detainee who exhibited
obvious signs of torture.
Remand after Detainees Death
After suffering regular police harassment, torture and illegal detention, 32-year-old
Ram Singh was tortured by SSP Ajit Singh Sandhu and SP (operations) Khubi
Ram, and then implicated in a case under the Arms Act and TADA by SHO Suba
Singh of Jhabal police station.
79
Ram Singh had been in Amritsars high security
prison since 1 January 1992 when the Jhabal police obtained a production warrant
for him on 28 December 1992. Ram Singh died in a reported encounter that evening
at 6:30 p.m. However, in an act that seriously undermines the claim of judiciarys
independence, the local magistrate apparently did not confirm Rams remand to the
police until late in the evening, after he had died. This means that the magistrate
never physically saw him, as required by law. Thus, without concerning himself
with the principles embodied in Article 22 and chapter V, without evaluating how
the police obtained custody of the victim and treated him during the custody, the
magistrate rubber-stamped the polices request.
78
D. K. Basu Vs. State of Bengal, 1996 8 SC 581: 1997 1 JT 1SC:1997 1 RCF CRI 373
79
CCDP/00795, Sl. No. 276/959
Informal Procedures
The police brought Nishan Singh to the magistrates residence with an application for
his remand to police custody.
80
Without any regard for the formalities required by
law, the magistrate allowed the police application from his house. Nishan Singh must
have exhibited signs of torture, as well. His father, Bahal Singh, had visited him in
illegal custody two weeks before the police produced him before the magistrate. Nishan
Singh could not move himself because of his wounds from police torture. He was
reported killed in an encounter after the magistrate allowed his police custody.
Refusal to Admit Evidence
The police produced Harinder Singh and Parminder Singh before a magistrate, claim-
ing to have arrested them after an encounter and asked for their remand to police
custody.
81
Harinder Singhs family produced copies of telegrams sent to various
authorities after the police had abducted the boys over a month earlier to argue that
the police claim of arresting the boys following an encounter was false. The mag-
istrate, however, refused to admit their submissions and granted the police remand.
Harinder and Parminder were killed in a fake encounter, a day before their police
remand period was to expire.
Ignoring Torture Wounds
During one of Satnam Singhs previous detentions, the Verowal police implicated
him in a case under the Arms Act after brutally torturing him for 15 days.
82
When
the police produced him before the magistrate, they had to physically lift and carry
Satnam Singh because he could not move. The magistrate, however, did not take
cognizance of this evidence of custodial torture. Instead, he sent Satnam to jail.
Conclusion
In 14 other cases of fake encounters, which followed on the magisterial orders of
remand to police custody, the victims had already spent more than 24 hours in
illegal police detention in direct contravention of Article 22 of the Constitution.
Many of them had also suffered torture. The magistrates, however, did not dis-
cover these abuses. They granted the police remand and consigned the detainees
to their extra-judicial execution.
Medical Note
The CBIs lists only give the post-mortem report numbers and mention the causes
of death as recorded in the reports. As we have not seen the post-mortem reports,
80
CCDP/00461, Sl. No. 88/6
81
CCDP/00327, Sl. Nos. 121/7 to 122/8
82
CCDP/00773, Sl. No. 586/164
our analysis of the role of the medical profession in the counter-insurgency opera-
tions and human rights abuses must rest on some obvious questions that arise from
the comparison between the information contained in the CBIs lists and the CCDPs
own data.
Three types of cases challenge the post-mortem conclusions regarding the cause
of death: (1) Cases in which families received the bodies and witnessed the evi-
dence of torture; (2) Cases in which newspaper reports and post-mortem reports
attribute divergent causes of death; and (3) Cases in which doctors treated detainees
for their torture wounds prior to their arbitrary execution.
Evidence of Torture on Dead Bodies
Twenty-five-year-old Kashmir Singh had suffered two previous illegal detentions
and interrogation under torture in 1986.
83
When the police came to arrest him the
third time, he slipped away. SHO Brar of Jhabal police station managed to arrest
Kashmir Singh on 26 May 1990 when he was traveling in a truck belonging to
Sukhdev Singh of Algon Kothi village. The police took both men to the police
station, tortured them, and then killed them that evening in a fake encounter.
The police returned the bodies to the families after the post-mortem. The bodies
bore marks of severe torture. The nails of all fingers on their hands and feet had
been removed, and their thighs were bruised from the rolling of heavy wooden
logs, with policemen standing on them, a common method of torture. Despite this
gruesome physical evidence, seen by the family immediately after the post-mortem,
the autopsy report concluded that Kashmir Singh had died in a police encounter.
Sukhdev Singhs cremation does not appear on any of the CBI lists.
Similarly, in the case of Ninder Singh, his father went to the Civil Hospital at
Patti and saw the body of his son.
84
His son had been shot in the head, suggesting
a close range execution. Yet the autopsy report concluded that he died in a police
encounter.
Conflicting Reports
In six cases, the newspaper and the autopsy reports gave conflicting causes of death.
Nineteen-year-old Gurjit Singh was an electronic technician and a resident of vil-
lage Thathian. He had no known militant connection. In the afternoon of 6 January
1991, Gurjit was resting at his house. It was a Sunday and his shop was closed.
Around 2 p.m., Kulwant Singh of Jalal Usman village came to his house and re-
quested Gurjit to accompany him to his village to repair his broken video player.
Gurjit collected his tools and went with Kulwant. He did not return home that
night.
On January 8, a village resident informed Gurjits father that he had seen Gurjits
body at the Mall Mandi interrogation center in Amritsar. The DSP of Baba Bakala
allowed Gurjits father to identify his sons clothes and told him that the CRPF had
killed Gurjit in an encounter. The post-mortem report also gives the cause of death
83
CCDP/01490, Sl. No. 72/183
84
CCDP/01549, Sl. No. 113/346
to be an encounter. Newspapers, however, reported that an unidentified militant
committed suicide by consuming cyanide when surrounded by the police.
85
Treatment by Doctors
In the cases of Sukhdev Singh
86
, Amarjit Singh and Baldev Singh
87
the police
either summoned doctors to treat the detainees torture wounds or allowed the families
to bring their own private doctors to treat them. All of the detainees were later
killed in fake encounters and the post-mortem reports certify the same.
As we have not seen the post-mortem reports, it is not possible for us to judge
whether they meet the basic standards of forensic principles and the standards of
medico-legal ethics in ascertaining the cause and time of death and in describing
the conditions that can establish or negate foul play. Only the CBI officials and the
members of the NHRC have seen the post-mortem reports and can judge whether
they are helpful in revealing the circumstances of death. In the introductory chap-
ter, we have reported the confession of the chief medical officer of a civil hospital
in Amritsar district, that the procedure of post-mortem had been simplified to the
extent that it meant no more than filling a paper announcing the cause and time of
death, with the policemen providing the information. In that case, bungled autopsy,
like destroyed lives, cannot be revised.
85
CCDP/01179, Sl. No. 209/165; See also CCDP/01637, Sl. No. 168/17; CCDP/00741, Sl. Nos. 210/25
to 202/26; CCDP/01216, Sl. No. 253/910; CCDP/01110, Sl. No. 434/99
86
(CCDP/01213, Sl. No. 582/92)
87
CCDP/00537 and 00538, Sl. Nos. 559/922 to 560/923
Summaries of Cases of Illegal Cremations Included in the CBI Lists 205
SUMMARIES OF CASES OF
ILLEGAL CREMATIONS INCLUDED
IN THE CBI LISTS
CHAPTER FIVE
The report of the Central Bureau of Investigation (CBI) about the illegal
cremations carried out by the Punjab police in Amritsar district, submitted
to the Supreme Court of India in December 1996, includes three lists.
They show 582 fully identified, 278 partially identified, and 1238
unidentified cremations. The Committee for Coordination on
Disappearances in Punjab (CCDP) has acquired specific information
about the personal and political background of 672 of the cases included
in the CBIs lists and the circumstances under which they disappeared
or died before getting cremated by the police. The information draws
from 513 out of 889 incident reports, which the CCDP has been able to
collect in Amritsar district by following the methology described in the
chapter 3. We present here the summaries of these case studies. As
pointed out in the chapter four, the CBI has repeatedly used wrong
names and incorrect spelling of persons and villages mentioned in its
lists. However, while referring to the entries in its lists, we have no choice
but to reproduce the names and the spelling as recorded in them. Our
case summaries are based on the incident report forms that have been
filled by the CCDPs volunteers during their field trips and in the presence
of the victim families. In the text of our summaries, we use the names
and the spelling recorded in the CCDPs incident-report forms. The
divergence between the names and the spelling in the CBIs entries and
our case summaries is regretted.
THE LIST OF IDENTIFIED BODIES
Cremations in the Police District of Taran Taran
1. Under serial no. 2/002, the list identifies the cremation of Acchar Singh, s/o
Tara Singh, r/o Kamboke village in Patti sub-division of Amritsar district, carried
out by head constable Vishwamitra of Patti police station on 21 July 1984, listed
under FIR no. 223/84 . The autopsy report is marked as SKG-16/84. The cause of
death is given as police encounter.
The CCDP has acquired the following information through its incident report
form no. CCDP/01540. Dalbir Kaur, the victims widow, is the main informant.
Twenty-five-year-old Acchar Singh, son of Tara Singh and Dhanto, was a resi-
dent of Mari Kambo Ki village under Khalra police station in Patti sub-division of
Amritsar district. A young farmer Acchar Singh was married to Dalbir Kaur and had
two young sons, Sukhdev Singh and Gurdev Singh, who are now 20 and 18.
Acchar Singh, a baptized Sikh, was a supporter of Jarnail Singh Bhindranwale.
After Operation Blue Star in June 1984, the army launched another operation, code
named Wood Rose, directed against Bhindranwales sympathizers in the country-
side. Acchar Singh became a suspect around this time.
Soldiers of the Indian army , assisted by the Punjab police, began to raid
Acchar Singhs house. In his absence, the police picked up his brother and harassed
other family members. The family then decided to produce Acchar Singh through
members of the village council and other elders, before Station House Officer (SHO)
Pooran Singh of Khalra police station. The SHO had promised to proceed in a legally
appropriate manner, but Acchar Singh was declared killed in an encounter, near
Patti More, three days after his surrender. The family read about his killing in a
newspaper report and then went to Khalra police station to ask for the body and
details of the cremation if it had already been performed. The officials there refused
to divulge anything and the family had to keep quiet because of the prevailing
atmosphere of terror.
The family holds Senior Superintendent of Police (SSP) Booa Singh of Amritsar
and the SHOs of Khalra and Patti police stations responsible. According to Acchar
Singhs widow Dalbir Kaur, one of her husbands cousins, Gurmej Singh, son of
Amrik Singh from Sanpura village near Bhikhiwind, was later arrested and killed by
the Amritsar police in a separate incident.
2. Under serial no. 3/008, the list identifies the cremation of Virsa Singh, s/o
Harnam Singh, r/o Sursingh, carried out on 10 May 1987 by inspector Madan
Gopal of Harike police station, under FIR no. 59/87. The post-mortem report is
marked as JSC-33/87 and the cause of death is given as police encounter.
The CCDP has collected the following information
through its incident report form no. CCDP/01582. The
main informant is the victims brother Mukhtar Singh.
Virsa Singh, s/o Harnam Singh and Gurdial Kaur,
was a resident of Patti Chandu Ki in Sur Singh village
under Bhikhiwind police station in Tarn Taran sub-divi-
sion of Amritsar district. Twenty-three-year-old Virsa
Singh had dropped out of school after class the VII to
join a Nihang Sikh order. Virsa Singh stayed with this
group and visited his family very rarely.
In the first week of May 1987, the Amritsar police
arrested Virsa Singh and two of his associates, Satnam
Singh, r/o Chakk Walia and Mangal Singh, r/o Gazal,
from a house in the city. The family members did not receive any information about
Virsa Singhs situation until a Punjabi newspaper called Jagbani reported his killing
on 28 August 1987, along with Mangal Singh and Satnam Singh, in an alleged police
encounter near village Nabipur under Harike police station. The newspaper report,
based on a police handout, identified all the persons killed in the so-called encoun-
ter. Satnam Singh was identified as the son of Vasakha Singh from Chakk Walia
village under Khemkaran police station, and Mangal Singh as the son of Sarma
Singh from Gazal village also under Khemkaran police station. By the time the news-
paper published the reports, the police had already carried out the cremations.
The CBIs list of identified cremations only shows Virsa Singhs cremation. In
spite of the complete identification available in the newspaper report, the CBI chose
to place the two other cremations in its partially identified list. Under serial nos. 04/
07 and 05/09, the partially identified list shows the cremations of Mangal Singh and
Satnam Singh, carried out by inspector Madan Gopal of Harike police station on 10
May 1987 under the same FIR no. 59/97. However, contrary to the information given
in the newspaper report, the list identifies Mangal Singhs village as Bhai Ladhoo.
3. Under serial no. 6/018, the list identifies the cremation of Narinder Singh, alias
Pratap Singh, s/o Puran Singh, r/o Bhorsi, carried out on 18 October 1987 by
assistant sub-inspector (ASI) Aatma Singh of Verowal police station under FIR no.
204/87. The post-mortem report is marked as KS-35/87. The cause of death is
stated to be unavailable.
The CCDP has gathered the following information about this case through its
incident report form no. CCDP/01108. The main informant is the victims father Pooran
Singh.
Twenty-six-year-old Narinder Singh, son of Pooran Singh and Prasin Kaur, was a
resident of Bhorchhi Brahmana village under Jandiala Guru police station in Baba
Bakala sub-division of Amritsar district. His father did not own any land and earned
his livelihood by working as a daily wage laborer. Narinder Singh himself gave up
school to join a Nihang Sikh order. By the virtue of this association, he also used to
Virsa Singh
be known as Nindi Nihang although the CBIs list mentions his alias as Pratap Singh.
Narinder was unmarried.
In late 1986, Narinder Singh had been detained and questioned under torture for
his suspected connections with armed militant groups. Harcharan Singh Suri, SHO
of Jandiala Guru Police station, where Narinder Singh was illegally detained for more
than a month, had supervised his interrogation and then implicated him in a criminal
case under the Arms Act. According to the family members, the SHO had done this
to save him from summary execution in custody after several prominent persons of
the village pleaded with him for mercy. Narinder Singh received a bail order that
released him from jail.
In October 1987, several months after this incident, Narinder Singh reportedly
went to Tarn Taran to celebrate Amavas, the 15
th
day of the dark half of the lunar
month especially important to Nihang Sikhs, at its gurdwara. A few days later, one of
his colleagues, Sukhdev Singh Nihang from Allowal village, visited Narinder Singhs
parents at Bhorchi Brahmana village and informed them that the police, led by SHO
Onkar Singh, had arrested their son outside the Tarn Taran Gurdwara.
Narinder Singhs parents, however, feared the police and did not try to rescue
him. Some days later, they again received information that the Criminal Investigation
Agency (CIA) staff at Amrtisar had subjected Narinder Singh to brutal torture. The
information was provided by some young Sikhs who had also been illegally detained
by the CIA staff in Amritsar and had seen Narinder Singh. Baba Nirmal Das, the
manager of Dera Baba Shri Chand, a Nihang Sikh camp, also informed the family that
their son was in the illegal custody of Amritsar police.
In the third week of October 1987, Punjabi newspapers carried a report about a
supposed armed encounter between the police force and a group of four to five Sikh
militants, culminating in their deaths. Narinder Singhs name was in the list of killed
militants. The police carried out the cremation without informing the parents. The
CBIs list mentions the cause of death to be unavailable.
4. Under serial no. 8/028, the list identifies the cremation of Baldev Singh, s/o
Harbhajan Singh, r/o village Sheikh Chakk on 29 February 1988 carried out by
ASI Aatma Singh of Verowal police station, under FIR no. 49/88. The post-mortem
report number is mentioned as AK-11/88. The cause of death is stated to be an
encounter.
The CCDP has acquired the following information
through its incident report form no. CCDP/00750.
Baldev Singh, alias Billa, was 35, married to Gurmeet
Kaur with three young children and lived in village Sheikh
Chakk, post office Lalpur, under Tarn Tarans Sadar po-
lice station, in the Tarn Taran sub-division of Amritsar
district. Baldev Singhs parents Bhajan Singh and
Harbans Kaur also lived in the same house. Baldev Singh
worked as a mason. He was a devout Sikh and did not
belong to any political party or organization.
In early 1987, the Central Reserve Police Force (CRPF)
then stationed at Fatehabad, illegally detained,
Baldev Singh
interrogated and tortured Baldev Singh for two months. He was released
unconditionally.
On 25 February 1988, Baldev Singh left his home to visit his in-laws in village
Bhooian near Fatehabad under Khadur Sahib in Amritsar district. He wanted to
invite them to his sisters marriage. At Fatehabad, Baldev Singh took a rickshaw,
along with another person, to reach Bhooian. On the way, the CRPF, stationed at
village Khuaspur, stopped the rickshaw and took both Baldev Singh and his com-
panion into custody. A resident of Bhooian village, who was well acquainted with
Baldev Singh, witnessed the arrest on his way to fetch his children from a school in
Fatehabad. The arrest occurred around 4 p.m.
This witness from Bhooian village immediately went to Baldev Singhs mother-
in-law, Swaran Kaur, and told her about the arrests. Swaran Kaur traveled to Sheikh
Chakk to inform Baldevs parents and her daughter the same evening.
The next morning, Baldev Singhs father Bhajan Singh, who has since expired,
along with several village elders went to the CRPF camp at Khuaspur and met Tiwari,
the commandant, who denied having Baldev Singh in his custody and did not even
acknowledge arresting him.
On 29 February 1988, the local newspapers reported an encounter in which
two unidentified militants were allegedly killed. Approached by the family mem-
bers and village elders, SHO Tarlochan Singh Walia of Verowal police station admit-
ted that Baldev Singh was one of those killed in the reported encounter. But the
family was not informed about the cremation and was not able to carry out the last
religious rites.
Baldev Singhs widow, Gurmeet Kaur, and her three children now live in Bhooian
village near Fatehabad and are supported by her parents.
5 13: Under serial nos. 9/032, 10/033, 11/034, 12/035, 14/044, 15/045, 16/046,
17/047 and 18/048, the list identifies nine cremations carried out by SHO Karnail
Singh of Bhikhiwind police station on 11 May 1988 under FIR no. 66/88. They are
of: [1] Gurnam Singh, s/o Harbhajan Singh, r/o Ghariyala; [2] Darbara Singh, s/o
Lakshman Singh, r/o Thatha; [3] Jaswant Singh, s/o Jora Singh, r/o Thatha; [4]
Pratap Singh, s/o Resham Singh, r/o Kalsian; [5] Bhupinder Singh, s/o Kuldip
Singh r/o Mehadpur; [6] Bhag Singh, s/o Kashmir Singh, r/o Palazadi Bud Singh;
[7] Pritpal Singh, s/o Gurudayal Singh, r/o Gagobooha; [8] Surjan Singh, s/o Massa
Singh, r/o Padri; and [9] Gurnam Singh, s/o Jarnail Singh, r/o Thatha. The post-
mortem reports are marked as SSA-41/88, SS-42/88, SS-43/88, SS-44/88, VKA-
58/88, VKA-59/88, VKA-60/88, VKA-61/88 and VKA-62/88. The cause of death in
the first four cases is said to be not available and in the next five cases given as
police encounter.
The committee has gathered the following information through its incident re-
port form nos. CCDP/01526, 01527, 01588, 01694, 01557, 01558, and 01528. The main
informants are Darbara Singhs father Lachhman Singh; Jaswant Singhs father Jagir
Singh Dodhi; Pratap Singhs widow Kulwinder Kaur; Bhag Singhs father Kashmir
Singh; Pritpal Singhs brother Narinder Pal Singh; Harbhajan Singh, a village guard,
in the case of Surjan Singh; and Gurnam Singhs father Jarnail Singh.
Twenty-two-year-old Darbara Singh, s/o Lachhman Singh and Gurbakhsh Kaur,
was a resident of Bajwa Patti in village Thatha, post office Ghariala under Bhikhiwind
police station in Patti sub-division of Amritsar district. He had given up school to
join Dam Dami Taksal, the center of orthodox Sikh learning once headed by Jarnail
Singh Bhindranwale, to become a Sikh missionary. Darbara Singh was unmarried. By
the virtue of this association, he became a suspect and the police began to raid his
house and harass his family members.
Twenty-two-year-old Jaswant Singh, s/o Jagir Singh and Preetam Kaur, was a
resident of Sidhu Patti in the same village of Thatha and the eldest of four brothers.
Two of his brothers were soldiers in the Indian army . After studying till class VIII he
began to help his father with his agricultural work. He was also unmarried.
Forty-one-year-old Pratap Singh, s/o Resham Singh and Bakhshish Kaur, was a
farmer from Bunge Wale in Kalsian Kalan under Bhikhiwind police station in Patti
sub-division of Amritsar district. He was married to Kulwinder Kaur and had three
daughters and a son, Gursahib Singh, now 29. The youngest daughter Nirmal Kaur
is 20.
Pratap Singh was a baptized Sikh and very religious-minded and, like most Sikhs,
had been very upset with the Indian government for its June 1984 Operation Blue
Star. Pratap Singhs house in his village was located in the outskirts, close to his
fields, and the police began to suspect him of sheltering and feeding militants. As
the police started raiding his house regularly, Pratap Singh, fearing torture and hu-
miliation, decided to go underground. The police detained and interrogated other
members of his family, including the women. His brother Kulbir Singh was held
at Bhikhiwind police station and tortured brutally. Pratap Singh, however, did not
surrender.
The person wrongly identified in the list as Bhag Singh was Tara Singh alias
Taru. The youngest of three sons of Kashmir Singh and Jagir Kaur, he was 17-year-
old and a resident of Talwandi Budh Singh, mentioned in the list as Palazadi Bud
Singh, post office Bhangala, in Patti sub-division of Amritsar district. A baptized
Sikh with a strong religious disposition, Tara Singh completed his matriculation in
March 1988 and then joined the ranks of the militant underground. He never returned
home again. Tara Singh was unmarried.
Pritpal Singh, s/o Gurdial Singh and Kuldeep Kaur, was only 18, and a resident of
village Gaggo Booha, and post office Gaggo Booha under Jhabbal police station in
Tarn Taran sub-division of Amritsar district. A religious-minded boy from a baptized
Sikh family, Pritpal dropped out of school in class V and began to take interest in the
Sikh militant movement. But the police had not arrested or interrogated him yet.
Twenty-four-year-old Surjan Singh, s/o Massa Singh and Tej Kaur, was from
village Padhri Nikki, post office Padhri Kalan, in Tarn Taran sub-division of Amrisar
district. He was married and had four children and, along with his four brothers, was
engaged in farming. Surjan Singh was suspected of having ties with militants and
had been arrested in 1987 under the Arms Act. He was released on a bail order six
months later and left home to join the militant underground.
Seventeen-year-old Gurnam Singh, s/o Jarnail Singh and Jeeto, from Sidhu Patti
in Thatha village in Patti sub-division of Amritsar district was the youngest of three
brothers. After finishing his school, Gurnam trained as a compounder under a pri-
vate doctor and set up his own medical practice in the village. His was an unautho-
rized medical practice, common in Punjabs countryside as also in other rural parts of
India, tolerated by the authorities largely because qualified doctors flock to cities.
But the police also suspected him of having ties with militants.
All nine persons were killed in incidents of encounters, involving both the Punjab
police and the CRPF, that took place on 10 May 1988. According to a report published
in the Punjabi daily Ajit on 12 May 1988, the series of encounters began after Mohinder
Kumar Khairat, commandent of 19 Battalion of the CRPF, managed to recover some
diaries belonging to Gurnam Singh Ghariala following a raid on a farmhouse in village
Ghariala. Gurnam Singh Ghariala himself escaped the raid but the security forces ob-
tained the addresses of several wanted terrorists from the diaries that he had left
behind. A joint force of the CRPF and the Punjab police then laid a siege at village
Makhi Kalan and killed Gurnam Singh Ghariala and Bega Singh. Their companions
escaped the encounter but were chased and killed at Kalsian and Sadhra villages.
Some others were killed in an exchange of fire at Ajaib Singhs tube-well in village
Sadhra. The information was passed on to the press by Amrisars SSP Sanjiv Gupta.
We have not been able to identify who witnessed these encounters and the
family members we spoke to did not suggest that they had been fake. All of them
reached Bhikhiwind police station the same day, after receiving information about
the incident from private sources, and were able to identify the bodies. Surprisingly,
the police did not object to returning the bodies for cremation to the relatives, if
members of the village councils accompanied them and signed certain papers. Ac-
cording to the relatives of Darbara Singh, Jaswant Singh and Gurnam Singh, all from
Thatha village, the police returned the bodies and the cremations were carried out at
the village cremation ground itself.
Relatives of Pratap Singh came to know about the encounter from a television
report broadcast on the May 10 evening and they reached the police station the next
morning. The police had already arranged for the cremations at Patti and allowed the
family members and other village elders to attend.
Tara Singhs father Kashmir Singh identified his sons body at the Patti hospital.
The body was cremated at the Patti cremation ground.
Pritpal Singhs mother and his aunt also reached the police station by May 11.
No male member of the family or members of the village council had accompanied
them. By the time they turned up, the cremation, organized by the police, was under-
way. But they were allowed to attend.
No member of Surjan Singhs family was able to reach the police station, and the
Bhikhiwind police carried out the cremation by declaring his body as unclaimed.
It is a mystery that, while the relatives of Darbara Singh, Jaswant Singh and
Gurnam Singh claim to have taken the bodies to their villages for the cremations, the
CBIs list shows all the cremations to have been carried out by SHO Karnail Singh of
Bhikhiwind police station at Patti cremation ground.
14 16: Under serial nos. 19/49, 20/50 and 21/51, the list identifies three crema-
tions carried out by SHO Mohinder Singh of Valtoha police station on 29 June
1988 under FIR no. 86/88. They are of [1] Surjeet Singh, s/o Jagga Singh Jat, r/o
Ghariyala; [2] Chanan Singh, s/o Puran Singh Jat, r/o village Assal Utar; and [3]
Swaran Singh, s/o Gurmej Singh, r/o Assar Uttar. The post-mortem reports are
marked as SLG 34/88, SLG 35/88 and SLG 36/88. The cause of death in all three
cases is stated to be police encounter.
The committee has received the following information about Swaran Singh through
its incident report form no. CCDP/01250. Jaswant Singh, the victims brother is the
main informant.
Swaran Singh, alias Samma, 24, resident of Asal Utar, Qila Sodhian Wala under
Valtoha police station in Patti sub-division of Amritsar district, had been active in the
agitation launched by the Akali Dal in July 1982. He was single and lived with his
widowed mother. In the course of the Akali agitation prior to the army action in June
1984, Swaran Singh had courted arrest and had spent some time in jail. He did not
have a criminal record, nor was he wanted in connection with any militant offence.
But he sympathized with the militant movement for Khalistan and had friends who
were involved in it.
On 28 June 1988, Swaran Singh, along with his friend Channan Singh, s/o Pooran
Singh of Asal Utar, went with Surjit Singh, s/o Jagga Singh and resident of Ghariala,
to a house in his village. Surjit Singh was a member of a militant organization and was
wanted by the police. On reaching the house, the police abducted all three of them,
apparently tipped off about their visit. Later, all three were shot in an orchestrated
encounter.
On 29 June 1988 morning, constables from Ghariala police post picked up Swaran
Singhs brother, Jaswant Singh, for the identification of the bodies. After getting
their post-mortems done at Patti Civil hospital, the police handed over the bodies to
the families, who carried out the cremations. The CBIs list, however, mentions sub-
inspector and SHO Mohinder Singh as the officer who requisitioned the cremations,
contradicting the familys testimony.
17. Under serial no. 22/52, the list identifies the cremation of Amrik Singh, s/o
Gurmej Singh Mahajan, r/o Ratoke, carried out by SHO Mohinder Singh of Valtoha
police station on 10 August 1988 under FIR no. 102/88. There is no post-mortem
report number. The cause of death is given as police encounter.
incident report form no. CCDP/01573. The main informant in this case is the victims
son Gurnam Singh.
Amrik Singh, s/o Gurmej Singh, a mason belonging to a poor Mazhabi family,
was a resident of Mazhabian Da Vehra in Rattoke village in Patti sub-division of
Amritsar district. He was married to Joginder Kaur with two sons, Gurnam Singh and
Nishan Singh; they are now 20 and 18. Amrik focused on his work, commuting
between his home and worksite on his bicycle. He had no political or militant connec-
tions and had never been arrested or interrogated prior to his killing.
On 9 August 1988 morning, Amrik, as usual, left for his worksite at village Dasuwal
where he was building a drainage system. Around 9 a.m. that day, when Amrik and
his colleagues had just started attending to their work, the Valtoha police, led by
sub-inspector (SI) Mohinder Singh, got involved in an exchange of fire with a group
of militants. The police chased the militants, firing at them. One of the bullets fired by
the police hit Amrik Singh in his head and he died instantly. His family learnt about
his killing around 11 a.m. when Valtoha police took Amriks father Gurmej Singh
down to the site to identify the body. The police officers expressed regret and admit-
ted that they had killed an innocent person by mistake.
The next morning, after the post-mortem, the police handed the body over to the
family members for the cremation, which was carried out at their village. However, the
following day, the newspapers published a report, on the basis of a police handout,
stating that a militant had been killed in an encounter at Dasuwal village. Amriks
family members had neither the resources nor the necessary contacts to challenge
the lie and, fearing further reprisals, decided to remain silent.
However, Amriks father Gurmej Singh was unable to cope with the death of his
innocent son and the police injustice in declaring him a militant. Inconsolable, he
died two months later from a heart attack.
Once again we notice that although his family members actually carried out his
cremation in the victims village, the CBIs list claims that SHO Mohinder Singh of
Valtoha police performed it at Patti cremation ground.
18. Under serial no. 23/53, the list identifies the cremation of Shinda, s/o Sarwan
Singh Jat, r/o Sur Singh under Bhikhiwind police station on 22 September 1988,
carried out by SHO Mohinder Singh of Valtoha police station, under FIR no. 123/
88. The post-mortem report is marked as SSA 38/88 and the cause of death is given
as police encounter.
The committee has gathered the following information about this case through
its incident report form no. CCDP/01583. The main informant is Harbans Kaur, the
victims mother.
The actual name of the cremated person identified by the CBI as Shinda was
Sawinder Singh. The list also wrongly identifies his father as Sarwan Singh. The
correct name is Swaran Singh. They were residents of Patti Mahna Ki, village Sur
Singh Wala, under Bhikhiwind police station, in Tarn Taran sub-division of Amritsar
district. Unmarried at 25, Sawinder had been outraged by the Indian army s attack on
the Golden Temple of Amritsar in June 1984 and became sympathetic to the militant
movement. He went underground in 1986 or 1987 after the police began raiding his
house with the intention of arresting him. After Sawinder left home, the police began
to harass his family members, picking them up and holding them in illegal detention
for information. His father Swaran Singh was brutally tortured and became physi-
cally disabled.
On 21 September 1988, Valtoha police, led by SHO Mohinder Singh, raided a
house in Poonia village and arrested Sawinder Singh and his associate Jagir Singh.
The police took both of them out to the fields in the outskirts of the village and shot
them dead. Later that evening, the police informed Sawinders family members about
the encounter, and after the identification and the post-mortem of the body, handed
it over to them for cremation, which was carried out in the village.
The family members made detailed inquiries at village Poonia about the alleged
encounter and discovered the true sequence of events. The newspaper reports
about the encounter, based on information given out by the police, identified both
Sawinder Singh and Jagir Singh of Rasoolpur village by their names. However, the
CBIs list of identified cremations only shows Sawinders cremation, and it states
that the cremation was carried out by the Valtoha police at Patti whereas the actual
cremation was held in Sur Singh Wala village. The list does not show the second
cremation of Jagir Singh. The two other lists of partially identified and unidentified
cremations, prepared by the CBI, also do not show any other cremation carried out
by the police the same day.
Sawinders father Swaran Singh, who had earlier suffered brutal torture, remained
physically disabled and bed-ridden, and died a few years later.
19 20: Under serial nos. 24/54 and 25/55, the list identifies two cremations on 5
November 1988 carried out by SHO Dara Singh of Harike police station, under FIR
no. 193/88. They are of: [1] Karam Singh, s/o Teja Singh, r/o Durgapur; and [2]
Balwinder Singh, s/o Darbara Singh, r/o Warian. The post-mortem reports are
marked as VKA 131/88 and VKA 132/88. The cause of death is given as police
encounter.
The committee has collected the following information through its incident re-
port form nos. CCDP/01622 and 01623. The main informants are Karam Singhs widow
Balwinder Kaur and Balwinder Singhs brother-in-law Surjit Singh.
Twenty-eight-year-old Karam Singh, s/o Teja Singh and Jagir Kaur, was a farmer
from village Dargapur under Sarhalli Kalan police station in Tarn Taran sub-division
of Amritsar district. The eldest of six brothers in the family, Karam Singh was married
to Balwinder Kaur with a daughter, now 20, and two sons, 19 and 17. Karam Singh
had no political background. However, in the wake of Operation Blue Star, Karam
Singh began to express views in favor of an independent Sikh state. The police
became suspicious and started raiding his house. Karam Singh, fearing torture, de-
serted his home. The police instead picked up his family members, coercing them to
produce him for an interrogation. Even though they had no information about Karam
Singh, the police pressure did not relent.
Sarhalli police raided Karam Singhs house in the last week of October 1988 and
took his brother Sukhdev Singh into their custody. They forced him to come along
with them to village Kawan under Goindwal police station where Karam Singhs in-
laws lived. Karam Singh, who had taken shelter with his in-laws, was arrested along
with two of his brothers-in-law, Malkeet Singh and Avtar Singh. The police released
his brother and brought Karam Singh and his brothers-in-law to Sarhalli police sta-
tion. Four days later, Avtar Singh and Malkeet Singh were also released after their
family members paid SHO Gurdev Singh a bribe of Rs. 10,000. The police did not
release Karam Singh, whom they had tortured brutally in the presence of his broth-
ers-in-law. His family could not obtain direct information about what happened to
him after the police released Malkeet Singh and Avtar Singh from illegal custody.
The family members failed to take note of a newspaper report that described
Karam Singhs killing in a supposed encounter, along with another militant, and
continued to visit SHO Gurdev Singh of Sarhalli police station in the hope of getting
him released. However, towards the end of November 1988, some distant relatives
and village elders were able to convince Karam Singhs parents that their son was no
more and to carry out his last rites although they had neither attended the cremation
nor collected his ashes.
The correct name of the cremated person identified in the CBIs list, Under serial
no. 25/55, as Balwinder Singh is Baldev Singh. Fifteen-year-old Baldev was the
youngest of three sons born to Darbara Singh and Surjit Kaur, a poor family of
landless peasants living in village Variah, post office Naushehra Pannuan under
Sarhalli Kalan police station in Tarn Taran sub-division of Amritsar district. Due to
poor financial condition Baldev had to drop out of school at the primary level and
help his father cultivate other peoples land as a hired laborer and sometimes as a
sharecropper. Baldev had no connections with the militant movement and had never
been arrested or interrogated by the police. Baldev Singh and Karam Singh were not
personally acquainted.
However, Baldev Singh was the second militant killed along with Karam Singh
in the encounter that had been staged, according to the newspaper reports, during
the night of 4 November 1988 near village Marar under Harike police station. In the
third week of October 1988, SHO Gurdev Singh of Sarhalli police station picked up
Baldev Singh from his house along with his brother Balwinder Singh and locked
them up in separate cells. Balwinder was not tortured so severely, but he remained
petrified by his brothers screams, which he heard for hours together every night
while he was interrogated. This went on for several days. But he was not able to see
or talk to Baldev.
Darbara Singh, the father of the two boys, had been meeting the SHO of Sarhalli
police station to plead with him for their release. Towards the end of October, the head
of the village council met Darbara Singh to convey a message from the SHO that his
sons would be released if he paid Rs. 60,000. Darbara Singh was a poor landless
peasant and it was impossible for him to raise such a huge amount of money.
A few days later, Balwinder was released but Baldev remained in police custody.
According to Balwinder, Harike Police had taken his brother away the night before
his release. The SHO was very evasive whenever Darbara Singh met him over the
next days to inquire about his second son.
Soon, the family found out that the police had killed Baldev in an encounter
near village Marar under Harike police station. Darbara Singh went to Marar village
to make enquiries and found that earlier in November, the police had come to the
village with two young Sikhs and had killed them after staging a fake encounter. At
the site of the encounter, Darbara Singh found a woolen shawl that his son was
wearing when the police had taken him away. He came back to his village with
Baldevs shawl that the police had left behind after killing him and went on to hold a
religious ceremony to mark his sons death, although he had neither attended the
cremation nor collected his ashes.
Darbara Singh was not in a position to initiate any action against the killers of his
son. But together with his family, he decided to leave the village.
Baldevs sister and her husband Surjit Singh, who live in the neighboring village
of Kheda, near Naushehra Pannuan, provided this information.
21. Under serial no. 26/57, the list identifies the cremation of Dalbir Singh, alias
Beera, s/o Surjan Singh, r/o Kang, on 5 November 1988 carried out by SHO
Surinder Singh of Tarn Tarans Sadar police station, under FIR no. 146/88. The
post-mortem report is marked as PS-68/88. The cause of death is stated as a po-
lice encounter.
The committee has acquired the following information about this case through
its incident report form no. CCDP/01241. Manjit Kaur, the victims widow, is the main
informant.
Dalbir Singh, s/o Surjan Singh, resident of Kang, Chhote Kang under Tarn Tarans
Sadar police station, was a 40-year-old farmer with 14 acres of land. He was married
to Manjit Kaur and had three sons and two daughters. Dalbir Singh was a baptized
Sikh.
The offficials from Tarn Taran Sadar police station suspected Dalbir of having
militant connections and began to raid his house in early 1988. When the house
was first raided, Dalbir Singh was away and the police, accompanied by a team of
the CRPF, took away his sons, Teja Singh and Subeg Singh. The police brutally
tortured both of them but released them after some days when the village
elders intervened and promised to locate Dalbir Singh and produce him before the
police. Both Teja Singh and Subeg Singh were also told to report daily to their
village police post.
Police officials at Sadar police station Tarn Taran, told the village elders that
Dalbir Singhs family had been giving shelter to Sikh militants. The family members
admitted the charge but argued that since their house was situated on farmland, in
the outskirts of the village, they could not refuse shelter to armed militants when
they turned up unannounced and demanded food. Fed up by these harassments and
the pressure from frequent police raids, Dalbir Singh and family decided to shift
residence to Delhi where Dalbir Singhs brother Gurdial Singh had a house and ran a
transport business.
Towards the end of October 1988, a team of police officers from Tarn Taran raided
Gurdial Singhs house in Delhi and took Dalbir Singh, his son Teja Singh, his brother
Gurdial Singh and the driver of his truck Dara Singh, originally from Lalpura village,
with them to Tarn Taran. Dalbir Singhs wife Manjit Kaur, along with her daughters
and the youngest son Major Singh, went away to her parents home in Uttar Pradesh.
On 5 November 1988, the police staged an encounter near village Pakho Ke in
which Dalbir Singh and his son Teja Singh were shown killed along with three others.
The encounter was reported in the local newspapers, based on a statement issued
by SSP Sanjiv Gupta. A report in Ajit, published on 6 November 1988, only identified
Dalbir Singh by his alias Beera and his village name, Kang. The SSP referred to him
as a hardcore terrorist.
The CBIs first list only refers to 5

November 1988 cremation of Dalbir Singh. His
son Teja Singhs cremation is recorded in the CBIs list of partially identified crema-
tions, Under serial no. 08/56, and is summarized in the appropriate section of this
report. The family was not informed about the cremations.
Dalbir Singhs brother Gurdial Singh and his driver were implicated in criminal
cases and sent to jail. Gurdial Singh came out on bail after six months.
Some weeks after this incident, Dalbir Singhs younger son Subeg Singh went to
Punjab to make inquiries and to arrange for someone to take care of his home and
agricultural land. He stayed for a night in his paternal aunts house in village Talwandi
Sobha Singh Wali and then started for Amritsar in a bus. The police reportedly
nabbed him on the way, near Jhabbal and also killed him in an encounter.
Manjit Kaur and her remaining children did not return to their village until 1990.
Gurdial Singh too moved his residence to Mumbai where he now lives. The police
continued to raid the house after Manjit Kaur returned to her village in 1990, picking
up Major Singh for interrogation. Manjit Kaur sold some acres of her land to bribe
the police officials to leave him alone.
22 23. Under serial nos. 27/64 and 28/65, the list identifies two cremations on
21 December 1988, carried out by Tarn Tarans Sadar police station, under FIR
no. 163/88. They are of: [1] Karaj Singh, s/o Suba Singh, r/o Bhure Kane; and
[2] Ramesh Singh, s/o Sher Singh, r/o Bhode Khurd. The post-mortem reports
are marked as PS 76/88 and PS 77/88 and the cause of death is said to be
CRPF encounter.
The committee has gathered the following information about Karaj Singh through
its incident report form no. CCDP/01664. The main informant is the victims mother
Balbir Kaur.
Twenty-five-year-old Karaj Singh, son of Suba Singh and Balbir Kaur, was a
resident of village Bhoora Kohna under Khemkaran police station in Patti sub-divi-
sion of Amritsar district. After his matriculation, Karaj Singh obtained a degree
called Gyani in the Punjabi language and literature, and began working for the
SGPC. Karaj Singh was unmarried.
In 1985, Amritsar police arrested Karaj for interrogation and then implicated him
in four criminal cases under the Terrprost amd Dosri[tove Activities (Prevention)
Act (TADA). He remained in jail for nearly two-and-a-half years, until September
1988 when the the court acquitted him in two cases and granted release on bail in the
other two pending cases against him. After his release, Karaj Singh began to help his
father with the agricultural work.
According to Balbir Kaur, on 19 December 1988, around 9 a.m. a CRPF team
officers arrested Karaj Singh near Pakhoke while he was on his way to village Bagarian.
Karaj Singh was interrogated and then killed along with Sher Singh, resident of
Bagge Khurd village in Ferozepur district, in an encounter staged near village Pakhoke.
The CBIs list wrongly identifies the second person as Ramesh Singh, s/o Sher
Singh, r/o Bhode Khurd.
On December 20 morning, a group of officials from Khemkaran police station
came to the house and asked his father Suba Singh to go to the mortuary of Tarn
Tarans civil hospital to identify a body. Suba Singh, accompanied by several mem-
bers of the village council, went to Tarn Taran hospital and identified his sons body.
The SHO asked Suba Singh and his companions to collect the body for cremation
next morning. However, he refused to handover the bodies of Karaj Singh and Sher
Singh to their relatives on the ground that they had been recorded as unclaimed.
The police carried out the cremations at Tarn Taran.
According to Balbir Kaur, in two separate incidents, the police also arrested and
killed Karaj Singhs two cousins:
[1] Balaur Singh, s/o Amrik Singh, resident of Kalia Sakatteran in Patti sub-division
of Amritsar district. Balaur Singh was an employee of the Market Committee at
Chheharta in Amritsar;
[2] Gurmukh Singh, s/o Jagir Singh, also a resident of Kalia Sakatteran.
24 - 25. Under serial nos. 32/75 and 33/76, the list identifies two cremations
carried out by ASI Baljeet Singh of Jhabbal police station on 7 May 1989. They
are of [1] Hardeep Singh, s/o Raghubir Singh, r/o village Gago Bua; and [2]
Gurdev Singh, s/o Darshan Singh, r/o village Tatle. There is no mention of the
FIR no. The post-mortem reports are marked as AK 12/89 and AK 13/89. The
cause of death is given to be CRPF encounter.
The committee has gathered the following infor-
mation about these cases through its incident report
form nos. CCDP/01391 and 01580. The main informants
are Hardeeps father Raghbir Singh and Gurdevs
brother Avtar Singh.
Hardeep Singh of Gaggo Booha village, Patti
Masoor Ki, under Jhabbal police station in Tarn Taran
sub-division of Amritsar district, was a 20-year-old man,
who used to help his father Raghbir Singh with his
agricultural work. He did not have any political affilia-
tion or any police record. However, he knew some
young Sikhs in the village who were involved in the
militant movement for Khalistan.
On 20 April 1989, Hardeep was staying at his aunt Charan Kaurs house in village
Jora when the Tarn Taran police, jointly with the CRPF, raided the village and took
him into custody. Since Hardeep was not a resident of the village, the police officials
decided to verify his antecedents and promised to release him after making inquiries.
The next day, Charan Kaur informed her brother Raghbir Singh and other family
members about the arrest. Raghbir Singh, along with several village elders, met
several police officials in Tarn Taran who expressed their ignorance, but promised to
help in tracing him.
On 7 May 1989, Raghbir Singh was in Jhabbal when he learnt about a police
encounter near village Sohal, under Jhabbal police station, in which two young
Sikhs, including one from Gaggo Booha, had been killed. Immediately, Raghbir Singh
went to the Jhabbal police station where assistant sub-inspector Kashmir Singh told
him that the bodies had been sent to Tarn Taran for post-mortem. At the hospital in
Tarn Taran, he was told that the police had already taken the bodies for cremation.
When he reached the cremation ground, the CRPF personnel did not let him in. The
next day, ASI Kashmir Singh at Jhabbal Police station told Raghbir Singh that one of
the boys killed in the encounter was indeed his son, Hardeep Singh.
Raghbir Singh also found out that the second person killed in the encounter
was 18-year-old Gurdev Singh, s/o Darshan Singh, r/o Kamalpuriya in village
Tatle, post office Padhri Kalan, under Jhabbal police station, in Patti sub-division of
Amritsar district.
Gurdev was the youngest of Darshan Singhs five sons and three daughters and,
like Hardeep, used to work on his fathers land. He had no political or militant affilia-
tions nor any police record. He was a baptized Sikh and conspicuously devout.
Around 7 a.m. on 29 April 1989, a group of CRPF officials led by inpsector Tiwari
raided Gurdevs house and arrested him along with his two brothers, Balkar Singh
and Avtar Singh, and two of his cousins, Sukhdev Singh and Gurbhag Singh, sons
of Sulakhan Singh. Inspector Tiwari told Darshan Singh that he was taking all the
arrested boys to the police post at Sur Singh, but he actually took them to the local
CRPF headquarters at Kutcha-Pucca.
A group of officers started interrogating Gurdev, accusing him of being a militant
and of maintaining a cache of arms for terrorist activities. He was asked to confess,
and then the officers began to torture him. His brothers heard him screaming, but the
Gurdev Singh
torture did not end even as Gurdev continued to deny the allegations. After some
time, the police brought Hardeep Singh, s/o Raghbir Singh of Gaggo Booha village
into Gurdevs interrogation room and was made to repeat the allegation that he
possessed weapons. As Gurdev continued to deny these allegations, the police
increased the severity of his torture. In the end, he collapsed unconscious. His
brothers later noticed some policemen dragging Gurdev away to a different cell in
which he was locked up. The joints of his right hand and left ankle appeared frac-
tured.
Around 11 a.m. their family members, accompanied by several village elders,
reached the CRPF post at Kutcha-Pucca. Inspector Tiwari ordered the release of
Sukhdev and Gurbhag, sons of Sulakhan Singh, and handed them over to the mem-
bers of the village council. But Gurdev and his brothers were not released. Some
hours later, some CRPF personnel took them in their vehicle to the CIA staff interro-
gation center at Tarn Taran. Gurdev was unable to move and had to be physically
lifted into the vehicle. At the interrogation center, Gurdev was taken out of the
vehicle but his two brothers were ordered to remain seated. They were released
around 7 p.m. that evening.
Meanwhile, the family members accompanied by the head of the village council
and other elders had gone to look for Gurdev Singh and his brothers at Tarn Tarans
Sadar police station. The SHO accused them of helping militants and ordered them to
be locked up. They were released many hours later when a senior Akali leader Major
Singh Uboke, former member of Parliament (MP), intervened.
Over the next days, Gurdevs family, assisted by members of the village council,
continued to meet various police officials to pursue his release. They received vague
assurances that he would be released after the completion of the investigation.
Early morning on 7 May 1989, the police staged an encounter at a lonely spot
between Sohal and Bhuchar Kalan villages in which Gurdev and Hardeep were de-
clared killed. The story released to the press said that both of them were crossing
into India from Pakistan, with a consignment of arms and ammunition and riding a
tractor. When challenged by the police, they opened fire. They were killed in retalia-
tory fire by the police. The police claimed to have recovered AK-47 rifles, assault
rifles, rocket launchers and bombs from the site of the encounter. On 8 May 1989, all
the Punjab newspapers dutifully reported the police version of the story.
The family members collected Gurdevs ashes from the cremation ground the
next day.
26. Under serial no. 34/77, the list identifies the cremation of Baldev Singh alias
Gulla Singh, s/o Ajit Singh Jat, r/o Khabe Rajput, on 8 May 1989 carried out by
SHO Surinder Singh of Tarn Tarans Sadar police station, under FIR no. 31/89.
The post-mortem report is marked as HSS 35/89 and the cause of death is stated to
be police encounter.
The committee has collected the following information about this case through
its incident report form no. CCDP/01512. The main informant is the victims father
Ajit Singh.
Twenty-two-year-old Baldev Singh alias Ghulla, son of Ajit Singh and Charan
Kaur, was a resident of Khabbe Rajputan, post office Luhka, under Patti police
station in Tarn Taran sub-division of Amritsar district.
His family members were baptized Sikhs. After his ma-
triculation, Baldev, like his elder brother, became a tech-
nical apprentice at the Sherpur Thrasher Company in
Ludhiana in 1987 and trained himself as a proficient
mechanic. In October or November 1987, CRPF offi-
cials arrested Baldev while he was on his way to his
village. His family came to know about the arrest and
approached superintendent of police SP (operations)
Khubi Ram to either release him or bring him before a
court. Khubi Ram told them that Baldev was innocent
and they should get him released from Jhabbal police
station. When the family members approached the SHO
of Jhabbal police station, he demanded a bribe of Rs. 50,000 for Baldevs release.
When Baldevs family members could not raise the money, the SHO registered sev-
eral cases of murder and robbery against him and sent him to jail. Baldev was re-
leased on bail 11 months later and he resumed his work at the thrasher company in
Ludhiana.
In the first week of May 1989, when Baldev Singh had come home on leave, a
group of officers from Sadar station in Tarn Taran raided his house and took him into
custody. The family members were told that Baldev was needed for an inquiry and
that they should come to the police station to talk to the SHO about the matter.
A few hours later, Baldevs father, Ajit Singh, accompanied by several members
of the village council and others went to Tarn Tarans Sadar police station. However,
the SHO refused to admit to Baldevs custody and told them to look for him at other
police stations.
On 8 May 1989, around 11 a.m. another group of officers from Tarn Tarans Sadar
police station came to Baldevs house and forced his mother and a member of the
village council to come along with them to the police station to identify Baldevs
body. After identification, the SHO handed over the body to the family members and
the cremation was carried out at the village in the presence of a large number of its
residents. It is not clear why the cremation figures in the CBIs list of identified
cremations carried out by the police.
The family was unable to ascertain the circumstances in which Baldev had been
killed.
27 28. Under serial nos. 35/78 and 36/79, the list identifies two cremations on 28
May 1989 carried out by ASI Shingara Singh of Harike police station, under FIR
no. 46/89. They are of: [1] Bachitter Singh, s/o Kartar Singh Jat, r/o Kalra; and [2]
Balwinder Singh alias Pappu, s/o Joginder Singh Jat, r/o Lahuka. The post-mortem
reports are marked as VKA 22/89 and VKA 23/89. The cause of death is stated as
police encounter.
The CCDP has collected the following information regarding Bachitter Singh
from its incident report form no. CCDP/01696. The main informant is the victims
nephew Gurnam Singh.
Twenty-four-year-old Bachitter Singh, s/o Kartar Singh and Balwant Kaur, was a
Baldev Singh
resident of Sidhwan village, post office and police station Khalra, in Patti sub-divi-
sion of Amritsar district. Bachitter, who began to work on his fathers agricultural
farm after his matriculation, was unmarried.
A baptized Sikh, Bachitter Singh was deeply affected by the June 1984 Opera-
tion Blue Star and began to associate himself with persons inclined towards an
armed resistance against the Indian government. When the police began to raid his
house, Bachitter dodged his arrest and went underground. The police officials ille-
gally detained his family members on different occasions and tortured them in cus-
tody for information to arrest him, but to no avail.
In the second week of May 1989, Bachitter was traveling in a three-wheeler taxi
from village Gaggo Booha to Jhabbal when he was arrested near a checkpost set up
by the Jhabbal police station. The three-wheeler belonged to Kewal Singh of Sidhwan
village and he knew to Bachitters family. Kewal Singh went to Khalra village and
immediately informed Bachitters family about the arrest.
Three days after his arrest, Jhabbal police brought Bachitter to his house for a
search. All the family members and several residents of the village saw Bachitter
Singh in police custody. The search did not yield anything incriminating. The family
members approached several influential persons of the area to intervene to save
Bachitters life. But no one was able to help.
On 29 May 1989, several newspapers published a report about an encounter near
Keerian Wala village, which the Harike police had staged to show that Bachitter
Singh and his associate Balwinder Singh of Luhka village, recorded in the CBIs list
as Lahuka, had been killed. Bachitters family members then went to Harike police
station to ask for the body, but were told that the cremation had already been per-
formed. The family was unable to take any action.
According to Gurnam Singh, our informant in this case, three other persons of
his neighboring village Sidhwan were also arrested and killed by the police. Their
names are:
[1] Fatta Singh, s/o Samunder Singh;
[2] Karaj Singh; and
[3] Jagga Singh, s/o Jagtar Singh.
29 - 30. Under serial no. 37/99 and 38/100, the list identifies two cremations on 3
July 1989 carried out by the SHO of Harike police station, under FIR no. 51/89.
They are of [1] Sarbjeet Singh, s/o Tirath Singh, r/o Nagoke; and [2] Gurbir Singh
alias Raju, s/o Joginder, r/o Jhabbal. The post-mortem reports are marked as VKA
49/89 and VKA 50/89. The cause of death is stated as firearm injuries.
The committee has collected the following information regarding Sarbjeet Singh
through its incident report form no. CCDP/01437. The main informant is his widow
Kulbir Kaur.
Sarabjit Singh, s/o Tirath Singh, was 27 and lived in Nagoke village, Patti Lakhi
Ki, under Verowal police station within Tarn Taran sub-division of Amritsar district.
A clerk with the Punjab State Electricity Board, posted at Nagoke sub-station, Sarabjit
was married to Kulbir Kaur and had two young sons. He was a baptized Sikh sympa-
thetic to the Akali Dal, but had no militant connections.
On 27 June 1989 morning, SHO Anokh Singh of Verowal police station raided
Sarabjits house and detained him in illegal custody for interrogation for four days.
He then produced Sarabjit in the court of a judicial magistrate at Tarn Taran in
connection with a TADA case to seek remand for investigation. The magistrate
granted the remand and directed the police to produce Sarabjit in the court again on
3 July 1989. On July 2, Sarabjits elder brother Arjan Singh and other village elders
met him in the Verowal police lock up and discussed their legal concerns.
On the morning of July 3, Sarabjits family members were getting ready to go to
the court in Tarn Taran where he was to be produced when they read a news report
in Ajit about an encounter near village Dhunn Dhahe under Harike police station.
The report disclosed the killing of Sarabjit Singh and Gurinder Singh when the police
were allegedly taking them to recover weapons. It quoted the police sources as
claiming that a group of militants attacked the police convoy with the intention of
rescuing Sarabjit Singh and Gurinder Singh and, in the ensuing exchange of fire,
both of them and another unidentified militant were killed.
After reading the news report, the family members, accompanied by village el-
ders, went and met the senior superintendent of police (SSP) of Tarn Taran to request
him to give Sarabjits body to the family for cremation. The SSP refused, but allowed
them to see the body at the Patti hospital where it had been sent for post-mortem.
The police carried out the cremation.
The CBIs list mentions the cremation of Gurbir Singh [Serial no. 38/100], which
the SHO of Harike carried out on 3 July 1989 along with that of Sarbjeet Singh at Tarn
Taran. It is not clear whether Gurbir Singh was the second person killed in the alleged
encounter. The third cremation is recorded in the CBIs unidentified list Under serial
no. 50/98 as having been carried out by the SHO of Harike police station, under FIR
no. 51/89, on 03 July 1989. The post-mortem report is marked as VKA-51/89.
31. The CBI List, Under serial no. 39/107, identifies the cremation of Sukhwinder
Singh, alias Nikku, s/o Darbara Singh, r/o village Bengalipur on 13 July 1989
carried out by constable Lakha Singh, No. 2619, of Tarn Tarans city police, under
FIR no. 108/89. The post-mortem report is mentioned as AK 34/89. The cause of
death is mentioned as police encounter.
The committee has gathered the following information on this case through its
incident report form no. CCDP/01426. The main informant is the victims brother
Harjinder Singh.
Sukhwinder Singh, a 25-year-old farmer, lived in Bengali Pur under Tarn Taran
Sadar police station of Amritsar district. He was married but had no children. Follow-
ing his enforced disappearance in July 1989, his wife has remarried.
Sukhwinders parents died while he was young and he, along with his younger
brothers and sisters, were raised by his grandparents. After Operation Blue Star in
June 1984, Sukhwinder, a baptized Sikh, had become involved in the movement for
Khalistan. The police used to detain him regularly for questioning under torture, and
once even registered a criminal case against him. He was released on bail, but the
police continued to detain him illegally for interrogation under torture.
On 12 July 1989, Sukhwinder went to meet some friends in Tarn Taran city. A
group of officials led by SHO Sita Ram from Tarn Taran city police station took him
into custody near Nangian Pairan Wala Chowk and thrashed him severely in public
when he resisted the arrest. He was bleeding and unable to walk when the police
officials lifted him into a jeep and drove away. The family members came to know
about the arrest late in the evening.
The next morning, Sukhwinders brother Harjinder Singh, accompanied by a large
number of local people, went to Tarn Taran police station and learnt that Sukhwinder
had died in the police lock-up. The senior police officials refused to hand over the
body to the relatives, but allowed some of the village elders to take a look at it. The
police carried out the cremation and did not permit the family members and their
sympathizers to come near the site.
32. Under serial no. 40/108, the list identifies the cremation of Baldev Singh, s/o
Jagmohan Singh, r/o Bhikhiwind, on 14 July 1989 carried out by inspector
Paramjeet Singh of Bhikhiwind police station under FIR no. 52/89. The post-
mortem report is marked as VKA 60/89 and cause of death is mentioned as
firearm injuries.
The committee has acquired the following information through its incident report
form no. CCDP/00645. The main informant is the victims father Karnail Singh.
Baldev Singh, alias Deba, s/o Karnail Singh alias Jagmohan Singh from Patti
Dass Ki, Bhikhiwind in Patti sub-division of Amritsar district, was a 24-year-old
farmer who was unmarried and lived with his parents.
The police suspected Baldev, a baptized Sikh, of maintaining contacts with the
Khalistani militant organizations and implicated him in several criminal cases, also
under TADA. Baldev came out on bail and, thereafter, spent much time attending the
various court proceedings.
On 13 July 1989, Baldev, accompanied by his mother Harbans Kaur, boarded a
bus at Bhikhiwind for Patti as he had a court date to attend. On the way, near village
Boor Chand, a mixed group of officials from the Bhikhiwind police and the CRPF
boarded the bus and asked Baldev Singh to accompany them. His mother asked the
officials to explain why and where they were taking her son, but they refused to
answer. The police forced Baldev Singh into a police vehicle and drove away. The
same day, the police claimed to have killed a terrorist named Baldev Singh in an
encounter. His body was shown to the family members for identification at Bhikhiwind
police station, but the cremation itself was carried out by the police at Patti cremation
ground.
According to Baldevs father Karnail Singh, alias Jagmohan Singh, the
police had mistaken his son for a known militant known as Pinder, s/o Mohanbir
Singh, r/o Mari Saur Singh, and killed him without ascertaining his actual identity.
He also suggests that after killing his son, the police officials took the award
announced for capturing or killing Pinder who, in his knowledge, still lives in the
United States.
33. Under serial no. 42/110, the list identifies the cremation of Rattan Singh, s/o
Chanan Singh, r/o Kalah, on 25 July 1989 carried out by ASI Tarlochan Singh of
Tarn Tarans Sadar police station, under FIR no. 63/89. The post-mortem report
number is not mentioned. The cause of death is stated to be police encounter.
The committee has acquired the following information through its incident
report form no. CCDP/01517. The main informant in this case is the victims widow
Kulwant Kaur.
Thirty-five-year-old Ratan Singh, s/o Channan Singh and Guron, was a farmer
from village Kalla, post office Kalla under Sadar police station in Tarn Taran sub-
division of Amritsar district. He was married to Kulwant Kaur and they had two
daughters, Ninder Kaur and Ramandeep Kaur, who are now 16 and 14.
Ratan Singh was a Punjabi farmer and his house was located next to his agricul-
tural land on the outskirts of the village. He did not belong to any political party and
never had any militant connections. However, he was involved with the develop-
mental work in his village and was an elected member of the village council.
On 24 July 1989, when Ratan Singh, was returning home in the evening around
6:30 p.m. after supervising the construction of a sitting platform in the centre of the
village, a joint force of the Punjab police and the CRPF, engaged in a chase and hunt
operation on the trail of some militants, was approaching Kalla village from the side
of Ratan Singhs fields and his house. As Ratan Singh was walking down to his
house, the security personnel, mistaking him for a militant, started firing. Ratan
Singh was already inside the courtyard of his house and his family members were
coming out to welcome him when a bullet hit him in the chest and he collapsed on the
spot. Ratan Singhs family members panicked. Assuming that intruders were break-
ing into the house, they ran out towards their fields. The security personnel stopped
firing and, announcing themselves, asked the family members to return. Then they
conducted a search and found Ratan Singhs body. The Punjab police and the CRPF
personnel then loaded the body into their vehicle and went away. It was already dark
and the family members could not do anything.
The next morning, Ratan Singhs family, together with a large number of village
residents riding tractor trollies, reached Tarn Tarans Sadar police station. The police
officials, led by Sita Ram, were very conciliatory and admitted that they had killed
Ratan Singh by mistake and on the basis of wrong information. Sita Ram promised to
provide all possible help to obtain proper compensation to the family members and,
expressing regret, handed over the body to the family members. The cremation was
carried out at the village cremation ground in the presence of a large gathering of
mourners on 25 July 1989.
However, the next morning, based on a police handout, several newspapers in
Punjab reported the incident as an encounter and identified Ratan Singh as a
militant. It was a period of pervasive police terror and the family, not being in a
position to fight the police establishment, decided to keep quiet.
It is not clear how this cremation figures in the CBIs list of identified bodies
cremated by the police officials at Tarn Taran cremation ground when, in fact, it had
been conducted by the family in the village itself.
34. Under serial no. 43/113, the list identifies the cremation of Kartar Singh, s/o
Makhan Singh Jat, r/o Bhai Ladhu, carried out by ASI Mohal Lal of Bhikhiwind
police station, on 21 August 1989, under FIR no. 58/89. The post-mortem report is
marked as VSU 39/89 and the death is attributed to firearm injuries.
The committee has gathered the following information through its incident
report form no. CCDP/01589. The main informant is the victims son Sukhdev Singh.
Fifty-five-year-old Kartar Singh, s/o Makhan Singh and Dial Kaur, was a small
farmer resident of Bhai Ladhu village, post office Kalsian Kalan under Bhikhiwind
police station, in Patti sub-division of Amritsar district. He was married to Gopal
Kaur and had two adult sons, Sukhdev Singh and Resham Singh, who are now 40
and 31. He had no links with any political or militant associations, nor any police
record.
In the night on 21 August 1989, Kartar Singh was watering his fields when a
group of Bhikhiwind police officials combing the area for militants, opened fire and
shot him dead. Although the family members heard the gunshots and were anxious,
they did not step out of the house to check if Kartar Singh was safe because of the
atmosphere of terror. Next day, around 9 a.m. some policemen came to Kartar Singhs
house and informed the family members about what they called an accident. Ex-
pressing regret, they took the family members to Patti civil hospital and after the
post-mortem handed over the body, to the family. The cremation was carried out at
the village cremation ground.
The next day, based on police sources, all Punjab newspapers published a
story that described the incident as an enounter and Kartar Singh as a
dreaded militant. The family was unable to take any action against the police. Kartar
Singhs father could not bear the shock of his sons unjust killing and died three
months later.
Once again, we see that a cremation that was carried out by the family members
in their village is recorded by the CBI as a cremation of a militant by the police at Tarn
Taran cremation ground.
35. Under serial no. 45/115, the list identifies the cremation of Gurdev Singh, s/o
Amrik Singh, r/o Harike, carried out by ASI Govinder Singh of Harike police
station, on 7 August 1989, under FIR no. 60/89. The post-mortem report is marked
as VKA 65/89 and the death is attributed to firearm injuries.
form no. CCDP/01593. The main informant is Harjit Kaur, the victims widow.
Twenty-six-year-old Gurdev Singh, s/o Amrik Singh and Mohinder Kaur, from
Purana Harike under Patti sub-division of Amritsar district, was, unlike other Jat
Sikhs of Punjab, clean-shaven. This indicated that he was not too religious. Gurdev,
the oldest of the two brothers and a small farmer, was married to Harjit Kaur. He was
the father of two sons and a daughter. No one in his family had any political or
militant affiliations or a police record.
Around 7 p.m. on 6 August 1989, Gurdev was returning home after the days
work in the fields, when a group of police officials from Harike mistook him for a
militant they had been chasing and opened fire. Gurdev sustained bullet injuries on
his forehead, neck and arm and he died on the spot. The family members did not learn
about the incident until the next morning when, while searching for him, some villag-
ers found Gurdevs body. Soon, the Harike police arrived and took the body to Patti
civil hospital for a post-mortem and decided to carry out the cremation themselves.
Confronted by the village council members, the SHO admitted that Gurdev had
been killed by mistake. However, the newspapers reported the incident, based on
information given by the police, as an encounter declaring Gurdev Singh to be a
militant. The reports quoted the SHO of Harike police station as claiming that Gurdev
Singh was guiding three armed terrorists across a barrier set up by the security
forces when the encounter took place. The three terrorists managed to escape, but
their guide Gurdev Singh was caught and killed in the exchange of fire. According to
the newspaper reports, the police also claimed to have found a Chinese-made AK-47
assault rifle and cartridges near Gurdev Singhs body.
A leading Punjabi newspaper, Ajit, published a long article on 17 August 1989,
questioning the police claims and referring to popular resentment in the area for
killing an innocent man and then insulting his memory by concocting the story
about the encounter. There was no official reaction to the story and the family did
not dare to legally challenge the police highhandedness.
36. Under serial no. 46/117, the list identifies the cremation of Dara Singh, s/o
Geja Singh, r/o Verowali village, carried out by SHO Ram Nath of Valtoha police
station, on 8 August 1989 under FIR no. 82/89. The post-mortem report is marked
as VKA 6689 and the cause of death is given as firearm injuries.
its incident report form no. CCDP/01663. The main informant is the victims son
Rachhpal Singh.
Dara Singh 50, son of Geja Singh and Kartar Kaur, was a farmer and a milk vendor
and lived in Varnala village, Jamanian Di Patti, under Valtoha police station, in Patti
sub-division of Amritsar district. He was a matriculate and married to Jagir Kaur. He
had three adult children, Rachhpal Singh, his eldest son, and two daughters, Gurmeet
Kaur and Nirmal Kaur. Dara Singh did not have a political background and was not
associated with the militant movement. He did not have a police record. His elder
brother Pooran Singh was a police inspector.
In the night intervening August 7 and 8, 1989, Dara Singh was sleeping near his
tube-well in his fields when a group of officials from Valtoha police station entered
his fields, probably on the heels of some militants. Dara Singh woke up and came out
of the tube-well room to see who had entered his fields when the policemen, thinking
he was a militant, shot him dead.
The next morning, members of the village council and other residents of the
village went to Valtoha police station to protest the killing of an innocent man.
Inspector Pooran Singh also intervened. SHO Ram Nath agreed that the killing was
a mistake and returned the body to the family after its post-mortem. The cremation
was carried out in the village Varnala. Dara Singhs family also received compensa-
tion and his son Rachhpal Singh was given a job.
However, it is not clear why the CBIs list shows Dara Singhs cremation as a
police cremation carried out by SHO Ram Nath when it was actually performed in the
victims village by his family members. It is also not clear if the compensation re-
ceived by the family members followed a formal acknowledgment of a wrong killing
or if it was an informal settlement.
37 38: Under serial nos. 48/121 and 49/122, the list identifies two cremations,
carried out by SHO Makhan Singh of Harike police station on 11 August 1989,
under FIR no. 61/89. They are of [1] Kuldeep Singh, s/o Kartar Singh, r/o Chola
Sahib; and [2] Jassa Singh, s/o Dharam Singh, also r/o Chola Sahib. The post-
mortem reports are marked as VKA 73/89 and VKA 74/89. The cause of death in
both cases is mentioned to be police encounter.
The committee has acquired the following information about these two cases
through its incident report form nos. CCDP/01414 and 01415. The main informants
are Kuldeeps brother Swaran Singh and Jassa Singhs mother Surjit Kaur.
Kuldeep Singh, s/o Kartar Singh and Surjit Kaur, r/o Chola Sahib, Patti Bande Ki,
Sarhalli Kalan in Tarn Taran sub-division of Amritsar district, was a 19-year-old-boy
who worked as a laborer and had gotten married just before his enforced disappear-
ance. He had no children and his widow has since remarried.
Kuldeep Singh had no political or militant affiliations and had never been ar-
rested before. On the 23 or 24 July 1989, a group of police officials from Chola Sahib
police post raided Kuldeeps house and not finding him home, picked up his elder
brother Swaran Singh. The next day several village elders went to the police station
and pleaded for Swaran Singhs release from their illegal custody. He was released on
July 27 only after he gave a commitment that he would trace his brother and produce
him before the police.
On 28 July 1989, Swaran Singh took Kuldeep Singh to the police post at Chola
Sahib where ASI Baldev Raj and head constable Kuldeep Singh took him into their
custody with the assurance that Kuldeep Singh would be released after his interro-
gation. According to them, Kuldeep Singh was going to be interrogated at Sarhalli
Kalan police station. Three days later, Kuldeep Singh, Jassa Singh, s/o Dharam
Singh, and Bakhshish Singh, s/o Natha Singh, also residents of Chola Sahib, were
produced before a court in Tarn Taran which granted eight days of police remand for
further investigations. Sub-inspector Surinder Pal, SHO of Sarhalli Kalan police sta-
tion, assured the family members of Kuldeep Singh that they had nothing to fear
since the matter was now before a court.
On 10 August 1989, local newspapers reported an encounter in which both Jassa
Singh and Kuldeep Singh supposedly died. According to the report, the police were
taking them to recover weapons when a group of militants launched an attack hop-
ing to rescue them. The police fought back, and the two militants in their custody
died in the cross-fire.
After reading the newspaper report, the family members gathered at police sta-
tion Harike where they were told that the bodies of Jassa Singh and Kuldeep Singh
had been cremated at Patti cremation ground.
Jassa Singh, s/o Dharam Singh, reported killed in the same encounter, was an 18-
year-old Mazhabi Sikh who lived in Patti Dolo Ki locality of the same village. During
his detention at Sarhalli Kalan police station, his family members used to bring him
food everyday and had been assured by sub-inspector Surinder Pal that Jassa Singh
would not suffer any harm.
39. Under serial no. 50/125, the list identifies the cremation of Hazara Singh, s/o
Jaswant Singh, r/o Booh, carried out by ASI Charan Singh of Harike police station
on 18 August 1989 under FIR no. 62/89. The post-mortem report is marked as
VKA 83/89 and the death is attributed to police encounter.
The committee has gathered the following information based on its incident
report form no. CCDP/01587. The main informant is the victims brother Malkeet
Singh.
The victims name, misspelt on the CBIs list, was Hazura Singh. Son of Salwant
Singh and Jagtar Kaur from village Booh under Harike police station in Patti sub-
division of Amritsar district, Hazura was only 20. He had given up school to join his
father on his farm. Hazura, a baptized Sikh, was unmarried.
Hazura supported the Akali agitation for more autonomy for Punjab and, even as
a teenager, wanted to court arrest to demonstrate his personal commitment. He was
also a local supporter of Jarnail Singh Bhindranwale. Due to his political views, the
police began to pick him up regularly for interrogation after Operation Blue Star.
Later, when the momentum of the militant resistance increased, the police began to
suspect his links and tortured him brutally several times to break him down and
obtain confessions. Since his house was located on the fringes of the village, the
police suspected him of sheltering and feeding militants.
In July and August of 1989, the Harike police raided his house a number of times
in their bid to arrest him. Hazura was terrified of the prospect of torture and kept away
from the police for some days. The police then detained all his family members,
including his mother and sisters, and tortured them brutally. Members of the village
council intervened and got them released by promising to produce Hazura before the
police. Hazura was never far from the village and used to visit his house and help his
father on the land. However, he slept elsewhere from the fear that the police might
pick him up in a nocturnal raid.
On 17 August 1989 morning, Hazura Singh came home and started working on
his fields when SHO Makhan Singh of Harike police station came with a large force
and arrested him in the presence of his entire family. Hazura Singh, who was un-
armed, tried to escape, but was caught and severely beaten by the police with sticks
and rifle butts. He was then lifted into a police vehicle and driven away. Shortly
thereafter, the family members heard bursts of gunfire. The news of his killing in a
police encounter was relayed on the Punjabi program of the All India Radio (AIR)
that same afternoon. The family was not informed about the killing or about the
cremation carried out by the police the next day. However, his father Salwant Singh
managed to reach Patti cremation ground while his sons pyre was still burning.
According to Malkeet Singh, Hazuras brother, the police later arrested and killed
their cousin Harjinder Singh, s/o Bagicha Singh, in a separate incident.
40 42: Under serial nos. 51/129, 52/130 and 53/131, the CBI list identifies three
cremations of [1] Harbhajan Singh, s/o Fouja Singh Jat, r/o Jandoke; [2] Jamel
Singh, s/o Gurdeep Singh Jat, r/o Sarhalli Khurd; and [3] Raghubir Singh, s/o
Mohinder Singh Jat, also r/o Sirhali Khurd. The cremations were carried out on 3
September 1989 by ASI Sukhdev Singh of Tarn Tarans Sadar police station and
mentioned under FIR no. 76/89. The post-mortem reports are marked as AK 62/89,
AK 63/89 and FM 135/89. The cause of death in all three cases is mentioned to be
police encounter.
The committee has spoken to the family members of Harbhajan Singh, Jaimal
Singh, who was wrongly identified in the list as Jamel Singh, and Raghbir Singh and
has the following information about their cremations through its incident report form
nos. CCDP/01451, 01452 and 01453. Jaimals fathers name, mentioned incorrectly in
the list as Gurdeep Singh, is Gurnam Singh.
Raghbir Singh, originally from village Sur Singh Wala in Tarn Taran sub-division
of Amritsar, was a 50-year-old farmer who had been living with his wife and children
in Sarhalli Khurd, his maternal village, under post office Sakhira near Tarn Taran
Sadar police station. Raghbir Singh did not have any political affiliations and had no
criminal record.
Jaimal Singh, son of Gurnam Singh and Guro, was a 25-year-old baptized Sikh
farmer from village Sarhalli Khurd, post office Sakhira, under Sadar police station, in
Tarn Taran sub-division of Amritsar district. He was married to Lakhwinder Kaur and
was the father of two sons and two daughters. He also had no political background
and had never been arrested or interrogated before his execution.
In 1992, Jaimal had harvested a good monsoon crop of paddy. On 2 September
1989, he left for Tarn Tarans main grain market to sell a trolley-full of his harvest.
Jaimal was returning home around 7:30 p.m. after completing the sale, when Raghbir
Singh, who had gone to the grain market for the same purpose, took a lift on his
tractor. Both of them were shot dead without any warning by a group of armed CRPF
personnel who had set up a checkpost at the canal bridge near village Sahabpur on
Tarn Taran Patti road.
That same night, the CRPF also fatally shot Harbhajan Singh from Jandoke vil-
lage, not far from the site of the previous incident, also taking him to be a suspicious
person. Harbhajan Singh was a 50-year-old farmer married to Joginder Kaur and had
six children. He had no political affiliations and was returning home, along with his
servant, after watering his fields. Harbhajan Singh was seriously injured and bleed-
ing. His family and some villagers took him to a hospital for treatment. However, but
Harbhajan succumbed to his injuries on the way.
When Raghbir Singh and Jaimal Singh did not return home that night, their family
members assumed that they had some unfinished business and had, therefore, stayed
back in the grain market at Tarn Taran. The next morning, some people in the village
heard about the incident and went to the spot where the CRPF had shot and killed
the farmers in a tractor trolley. The villagers recognized the bodies of Raghbir Singh
and Jaimal Singh and informed their family members.
The villagers were very agitated about these killings and met the senior police
officials to seek an explanation and inquiry. The officers promised to inquire about
the executions and, after conducting the post-mortem, handed the bodies to the
relatives to pacify their anger. All the bodies were cremated by the relatives in the
villages by their relatives. The CBIs list, however, shows that the three bodies were
cremated by the police at Tarn Taran cremation ground. This suggests that the police
officials gave the bodies to the villagers to diffuse their agitation about the sense-
less killings, but forged the cremation records to show that they had been killed in
encounters and cremated as unidentified militants.
43. Under serial no. 55/145, the list identifies the cremation of Pargat Singh alias
Fouji, s/o Dilip Singh, r/o Vernalli, on 11 October 1989 carried out by SHO Gurjit
Singh of Valtoha police station, under FIR no. 99/89. The post-mortem report is
marked as PKS 2/89 and the cause of death is given as police encounter.
form no. CCDP/01529. The main informant is the victims father Dalip Singh.
Forty-year-old Pargat Singh, s/o Dalip Singh and Mohinder Kaur, was a retired
soldier who had served with the 16 Sikh Infantry division of the Indian army . After
his retirement in 1988, he led the life of a farmer in village Varnala, Chhanna Wale
Raah Te, under Valtoha police station, in Patti sub-division of Amritsar district. He
was married to Kulbir Kaur and had a daughter Baljit Kaur. Pargat Singh had no links
with any political party or militant group.
On 10 October 1989, a large police force led by DSP Paramdeep Singh Teja from
Bhikhiwind and SHO Gurjeet Singh of Valtoha police station raided Pargat Singhs
house and carried out a search. The police force had come to his house along with a
young Sikh, probably a militant, who had under torture confessed that he had been
served food at Pargat Singhs house and had also hidden his weapons there. When
the search did not yield any weapons, the police officers questioned the young Sikh
in their custody about the weapons and asked him to show where he had hidden
them. The Sikh boy started crying and confessed that he had lied to them to escape
further torture. The police force then left, along with the person in their custody.
The same set of officers came back to Pargat Singhs house in the afternoon of 10
October 1989, around 2 p.m. and arrested him and his cousin Bikkar Singh. Pargat
Singh and Bikkar Singh were in their underclothes when the police raided the house
and requested the officers to allow them to dress. The officers refused and, forcing
them into separate vehicles, drove away.
That same evening, when the family members along with village elders reached
Valtoha police station to make inquiries, SHO Gurjeet Singh told them that Pargat
Singh had committed suicide by consuming cyanide. They were not allowed to see
his body but were asked to return to the police station the next morning. The next
day, the police sent the body for a post-mortem and then cremated it at the cremation
ground in Varnala village.
Bikkar Singh, who had been brutally tortured in the course of his detention, was
released from illegal custody five days later.
Despite the SHOs story about Pargat Singhs suicide, the CBIs list, which refers
to the post-mortem report, attributes Pargat Singhs death to a police encounter.
44 47. Under serial nos. 58/149, 59/150, 60/151 and 61/152, the list identifies
four cremations, on 31 October 1989 carried out by SHO Gurjeet Singh of Valtoha
police, under FIR no. 108/89. They are of [1] Resham Singh, s/o Tarlok Singh Jat,
r/o Varlia; [2] Balbir Singh alias Beera, s/o Hazara Singh, r/o Dhulkohna, PS
Khemkaran; [3] Puran Singh alias Tunda, s/o Gian Singh Jat, r/o Kuharka, PS
Patti; and [4] Gurudev Singh, s/o Piara Singh, r/o Ratoke. The post-mortem re-
ports are marked as SLG-14/89, SLG-15/89, SLG-16/89 and SLG-17/89. The cause
of death in all cases is given to be police encounter.
The committee has gathered the following information regarding Balbir Singh,
Pooran Singh and Gurudev Singh through its incident report form nos. CCDP/01504,
01574, and 01682. The main informants are Balbir Singhs brother Subeg Singh;
Pooran Singhs father Gian Singh; and Gurudevs cousin Dr. Balwinder Singh.
Forty-five-year-old Balbir Singh, son of Hazara Singh and Gulab Kaur, was a
farmer from Doohal Nau village, mentioned in the CBIs list as Dhulkohna, post office
Mastgarh, under Khemkaran police station, in Patti sub-division of Amritsar district.
He was married to Shindo and had three sons and a daughter.
In his younger days, Balbir was known as a wrestler and had won many awards
in local competitions. In 1975, he got involved in a violent quarrel resulting in the
death of his adversary as a result of which he spent seven years in jail.
After his release from prison, Balbir took to farming, but the police suspected him
of smuggling weapons across the border to Pakistan, and arrested him for interroga-
tion on a number of occasions. They implicated him in a number of criminal cases,
but all failed because of insufficient evidence. The police continued to pick him up
illegally for interrogation under torture. Fed up of the harassment, Balbir left home
and went underground.
Twenty-year-old Pooran Singh, s/o Gian Singh and Prakash Kaur, was a Sikh
priest and a singer, resident of village Kuharka, post office Shahbazpur, under Patti
police station, in Tarn Taran sub-division of Amritsar district. The eldest of four
brothers, Pooran had received his religious education at Dam Dami Taksal, the center
of orthodox Sikh learning once headed by Jarnail Singh Bhindranwale. He was un-
married and lived with his parents.
After the June 1984 military assault on the Golden Temple in Amritsar, the police
began to arrest and interrogate people who had any association with Dam Dami
Taksal. In the same process, the police arrested and interrogated Pooran Singh under
torture several times. He was also charged with terrorist offences under TADA and
jailed for about two-and-a-half years. Even after his acquittal by the court, the police
continued to detain and torture him brutally. Pooran was unable to tolerate the
situation and began to stay away from home. He joined a Sikh missionary group
associated with the Dam Dami Taksal, and travelled through Punjabs countryside,
delivering the Sikh religious message. However, he returned home frequently and
did not hide from the police.
Twenty-year-old Gurudev Singh, son of Piara Singh and Darshan Kaur, was a
resident of Rattoke village under Khemkaran police station in Patti sub-division of
Amritsar district. Gurudev assisted his father in running a small flour mill in the
village. He was unmarried.
In 1987, the police arrested him on the suspicion of maintaining contacts with the
Sikh militants. After his interrogation under torture, Gurudev was charged with of-
fences under TADA and jailed. After serving one year, he received a bail order from
the court and was released. The police, however, continued to harass him.
In the last week of October 1989, a joint force of the CRPF and the Valtoha police
arrested Gurudev when he was coming down a mud trail from village Cheema. The
security personnel took him back to Cheema, near village Chunga, and on the basis
of information provided by him, arrested three other persons from the surrounding
villages. They were: [1] Resham Singh, s/o Tarlok Singh, a resident of village Makhu,
and not Varlia, as the CBIs list mentions; [2] Balbir Singh alias Beera, s/o Hazara
Singh from Dhool Kohna, also known as Bhoora Kohna, under Khemkaran police
station; and [3] Pooran Singh, s/o Gian Singh from Rattoke village.
Pooran Singh, s/o Gian Singh, the Sikh missionary associated with Dam Dami
Taksal from Kuharka village, was arrested from a house in village Bhandal. Soon after
his arrest, some people who had taken part in his religious meetings went to Kuharka
village and informed his father Gian Singh about it. The same day, Gian Singh, ac-
companied by the head of his village council, met the SHO of Valtoha police station
who denied having arrested Pooran Singh. Gian Singh and his sympathizers then
went to other police stations, including Bhikhiwind, and met several officers who all
denied the custody. Gian Singh continued to receive information that his son and
three others were being held and tortured at Valtoha police station and the CIA staff
interrogation center at Patti.
On 31 October 1989, several Punjabi newspapers reported an encounter between
a group of militants and the Valtoha police near village Algon in which five militants,
including Pooran Singh, had allegedly died. The police refused to return the bodies
to the family members and carried out the cremations after their post-mortem. How-
ever, Gian Singh was able to see Pooran Singhs body at Patti hospital and also
attend the cremation at Patti, along with members of his village council.
Gurudevs family members did not receive the information about the cremation in
time to attend it. The police continued to harass his father Piara Singh and other
members of his family, even after the killing of Gurudev, so much so that they decided
to shift their residence to Amritsar city. Piara Singh himself died two years after the
incident. According to family members, his death was the result of his grief and
shock about Gurudevs unjust killing.
Although the newspaper reports about the encounter in which both Pooran
Singh and Gurudev Singh died, refered to the killing of five militants, the CBIs list
shows only four cremations. No other cremation on 31 October 1989, carried out by
Valtoha police, is recorded in any other list either.
48. Under serial no. 62/154, the list identifies the cremation of Sukhwinder Singh
alias Gaddi, s/o Harnam Singh Jat, r/o Marar, carried out by SI Harmail
Singh of Harike police station on 11 November 1989 under FIR no. 94/89. The post-
mortem report is marked as RKS-28/89 and the death is attributed to firearm
injuries.
The committee has acquired the following information from its incident report
form no. CCDP/01560. The main informant is the victims brother Karam Singh.
Thirty-two-year-old Sukhwinder Singh alias Maafi, son of Harnam Singh and
Kartar Kaur, was a farmer resident of village Marar under Harike police station in Patti
sub-division of Amritsar district. He was married to Shindo and was the father of
Gurmeet Kaur who is now in her early twenties.
Sukhwinder was very upset with the Operation Blue Star, and began associating
with people thinking of initiating an armed resistance against the government be-
cause of its atrocities against the Sikhs. In 1989, Sukhwinder left home to join the
militant underground.
On 11 November 1989, when Sukhwinder had come home to visit his family, the
joint force of the CRF and Harike police trapped him and killed him outside his village
Marar as he was leaving at around 1 p.m. Surprisingly, the SHO of Harike handed the
body, after the post-mortem, to the family members who carried out the cremation in the
village in the presence of many people.
However, the CBIs list shows the cremation to have been performed at Patti
cremation ground by SI Harmail Singh.
49. Under serial no. 63/156, the list identifies the cremation of Jagtar Singh
alias Jaggi, s/o Kundan Singh, r/o Mehmoodpura, carried out by ASI Amrik Singh
of Khalra police station on 30 December 1989 under FIR no. 148/89. The post-
mortem report is marked as JS-3/89 and the cause of death is given to be bullet
injuries.
its incident report form no. CCDP/01559. The main informant is the victims nephew
Balkar Singh.
Jagtar Singhs father Kartar Singh was a small farmer, resident of Mehmoodpura
under Valtoha police station in Patti sub-division of Amritsar district. His 35-year-old
unmarried son Jagtar lived with him.
After Jagtars death his father abandoned the village and no one from his family
lives in the village at present. According to Balkar Singh, Jagtar Singhs nephew who
now lives in Bhikhiwind town, the family was driven out of the village because of
continuous police persecution. He also told us that his own brother Jatinder Singh,
son of Darbara Singh, was also captured and killed by the police.
50. Under serial no. 64/158, the list identifies the cremation of Ruldu, s/o Bawa
Singh, r/o Pringri, carried out on 13 January 1990 by ASI Subha Singh of Harike
police station, under FIR no. 5/90. The post-mortem report is marked as SHG-7/90
and the cause of death is given to be bullet injuries.
The committee has acquired the following information about the case through
its incident report form no. CCDP/01494. The main informant is the victims brother
named Ghukk.
Ruldu was an 18-year-old Muslim boy from Pringari village, Patti Vichla Vehra
under Harike police station within Patti sub-division of Amritsar district. His father
was known as Bawa alias Niwab, and was not a Sikh as the name Bawa Singh in the
CBIs list suggests. Though a Muslim, Bawa had opted to remain in India at the time
of the 1947 Partition of Punjab. Ruldu was unmarried and worked as a farm hand. He
and his family members had no connections with the Sikh militant movement.
Around 4 p.m. on 12 January 1990, Ruldu went out of his house to fetch fodder
for animals and also to bring some alcohol from the neighboring village of Kirtowal.
He was walking down towards Kirtowal when two police vehicles, which were prob-
ably chasing someone, came from behind and some policemen opened fire and shot
him dead. On hearing the gunfire, several villagers came out and saw police officers
loading Ruldus body into their police vehicle and driving off towards Patti.
The next morning, a large number of villagers accompanied Ruldus elder brother
Ghukk to Patti where the SHO of Harike police station handed over the body for
cremation after obtaining Ghukks thumb impressions on several papers. Being very
poor and illiterate, Ghukk could not take any action. The body was taken back to the
village and buried according to the Muslim custom. On 14 January 1990, based on a
police handout Ajit reported that a militant injured during an encounter near Pringari
village had died in the Patti hospital.
The CBIs list shows Ruldu to have been cremated by the police whereas in
reality, he was buried by his brother in his own village.
51. Under serial no. 65/159, the list identifies the 24 January 1990 cremation of
Jarnail Singh, s/o Kartar Singh, r/o Joura, carried out by SI Baldev Krishan of
Tarn Tarans city police station under FIR no. 16/90. The post-mortem report is
marked as IS 14/90 and the cause of death is described as police encounter.
The CCDP has culled the following information
about this case through its incident report form no.
CCDP/01511. The main informant is Charan Kaur, the
victims mother.
Twenty-three-year-old Jarnail Singh alias Jaila, son
of Kartar Singh and Charan Kaur, was a truck driver,
resident of village and post office Jaura, Patti Fattu Kian
Di, in Tarn Taran sub-division of Amitsar district. Jarnail
was a baptized Sikh and very religious minded. After
finishing school, he became a truck driver. He was un-
married and lived with his parents.
The in-charge of Kairon police post suspected
Jarnail Singh of maintaining links with militants and,
from mid 1989 onwards, began to raid his house to arrest him. Jarnail Singh feared
torture and went into hiding.
On 23 January 1990, Jarnail was staying with his sister Ninder Kaur and her
husband Surjit Singh at their village Tharu. That morning, the police started a comb-
ing operation in Tharu and the neighboring villages. Jarnail Singh, finding out about
the impending operation, tried to leave the village on his bicycle. He was arrested a
short distance away from his sisters house. Ninder Kaurs family members wit-
nessed the arrest but, fearing police wrath, did not intervene.
Shortly after arresting Jarnail, the police orchestrated the drama of an encoun-
ter and declared him killed. The police then came to Ninder Kaurs house and took
her and other family members to identify Jarnails body. Then the police took the
body away to Tarn Tarans city police station.
Next morning, Jarnails mother Charan Kaur, members of her village council and
other elders of both Jaura and Tharu villages, reached Tarn Tarans city police sta-
tion whose SHO, after some discussion, agreed to return the body to the family. But
he insisted that the family promised not to initiate any legal action. He got them to
sign several papers. After the post-mortem, the SHO handed the body over to the
family, who carried out the cremation at village Jaura.
Later, police officials visited Charan Kaur several times and forced her to put her
thumb impression on several papers that she was not able to read.
Once again, we notice that although the body was returned to the family and the
cremation was carried out in the victims own village, the CBIs list shows it as a
police cremation carried out in Patti.
52 - 55. Under serial nos. 66/160, 67/161 and 68/162, the list shows four crema-
tions, carried out by Gurjeet Singh of Valtoha police station on 25 January 1990,
under FIR no. 7/90. They are of: [1] Paramjeet Singh alias Pamma, s/o Pyara
Singh, r/o Kirtowal; [2] Pargat Singh, s/o Kartar Singh, r/o Jhugian Kaluwalian;
[3] Bohar Singh, s/o Kashmir Singh Jat, r/o Kalse; and [4] Sawinder Singh alias
Jarnail Singh
Mohinder Singh, s/o Karnail Singh, r/o Rasoolpur. The first two cremations are
recorded under the same Serial no. 66/160 and carry the same post-mortem report
number RKS 17/90. The other post-mortem reports are marked as RKS 15/90 and
RKS 16/90. The cause of death is stated as a police encounter.
The CCDP has acquired the following information about Paramjit Singh, Bohar
Singh and Mohinder Singh through its incident report form nos. CCDP/ 01476, 01635
and 01684. The main informants are Paramjit Singhs father Raghbir Singh; Bohar
Singhs sister Swaran Kaur, and Sawinders father Karnail Singh.
Seventeen-year-old Paramjit Singh alias Kala, son of Raghbir Singh and Balbir
Kaur, was a farmer and a resident of village Kirtowal Khurd, in Patti sub-division of
Amritsar district. He was unmarried. Paramjit Singh sympathized with the militancy
in Punjab. By the end of 1989, he left home and the police started harassing his
family members.
Twenty-three-year-old Bohar Singh, son of Kashmir Singh and Jaswant Kaur,
was a young farmer from village Kalas, post office Mastgarh, under Khemkaran
police station, in Patti sub-division of Amritsar district.
In 1989, Bohar Singh began to associate with persons involved with the Sikh
militancy. Soon, the police found out and began to raid his house to arrest him.
When Bohar Singh deserted his home, the police started picking up his relatives for
interrogation under torture. Tara Singh, his sisters husband, was brutally tortured,
fracturing his right leg knee joint in the process. Tara Singh remains bed-ridden.
Thirty-five-year-old Mohinder Singh, a farmer from Rasool Pur, post office
Bhangala, under Valtoha police station of Patti Sub-division in Amritsar district, was
also known as Sawinder Singh. He was married to Kulwinder Kaur but had no chil-
dren.
Mohinder was a baptized Sikh and sympathized with the militant movement for
Khalistan. He had been arrested before and charged with offences under TADA.
Each time, after Mohinder Singhs release on bail the police would pick him up again,
interrogate him under torture and implicate him in another case. By 1989, Mohinder
Singh was so fed up that he decided to go underground. This increased the police
harassment and custodial torture of the other members of his family, including his
wife Kulwinder Kaur. The police confiscated all household belongings to put pres-
sure on the family to produce Mohinder Singh.
On 24 January 1990, Mohinder Singh and his friends Pargat Singh of Jhugian
Kalu Walian village, Bohar Singh of Kalas village, Paramjit Singh of Kirtowal and
Dilbagh Singh of Talwandi Chanchakk village were assembled in a farmhouse at
Varnala village under Valtoha police station. The police found out and launched an
attack after surrounding the house from all the sides. Mohinder Singh and his four
colleagues were killed. The bodies were identified by the family members. The in-
charge of the CRPF took Raghbir Singh to Valotha police station to identify his sons
body. The police, however, refused to return the bodies to the families and carried
out the cremations at Patti cremation ground. According to Bohar Singhs sister
Swaran Kaur, the families approached the burning pyres once the police officials left.
Swaran Kaur, discovering that the wood was insufficient to burn the bodies entirely,
bought additional firewood and completed the cremation.
It is not clear what happened to the body of Dilbagh Singh whose cremation is
not recorded in any of the CBIs lists.
The police never returned the household goods belonging to Mohinder Singhs
family, including beddings, utensils, clothes and food.
The police also killed Mohinder Singhs two cousin-brothers, Darshan Singh
and Gurmej Singh, sons of Dayal Singh and residents of Mehmoodpura, in a sepa-
rate incident.
56 - 58. Under serial nos. 69/167, 70/168 and 71/169, the list identifies three
cremations on 3 March 1990, carried out by head constable Deedar Singh of Tarn
Tarans Sadar police station, under FIR no. 11/90. The bodies were those of: [1]
Bhupinder Singh alias Bhola, s/o Chanchal Singh, r/o Jandiala Guru; [2] Ranjeet
Singh alias Bitu, s/o Harbhajan Singh Jat, r/o Jandiala Guru; and [3] Dilbagh
Singh, s/o Hari Singh Jat, r/o Dhotian. The post-mortem reports are marked as KS
20/90, KS 21/90 and PS 13/90. The cause of death is mentioned to be firearm
injuries/ encounter.
The CCDP has gathered the following information about these cases through its
incident report form nos. CCDP/01380, 01507 and 01510. The main informants are
Bhupinders mother Sukhwinder Kaur, Ranjits mother Surinder Kaur, and Dalip
Singh, the father of Dilbagh Singh.
Dilbagh Singh was a 22-year-old unmarried Sikh boy from Baba Samse Ki, Dhotian
under Sarhalli police station. In the CBI list, the name of Dilbaghs father is men-
tioned inaccurately as Hari Singh. His father is Dalip Singh.
Dilbagh, a baptized Sikh, had trained himself as a reader of the Guru Granth
Sahib, the main Sikh scripture. He earned his livelihood by going on recitation tours
for a fee. He also sympathized with the militant movement in Punjab. For his sympa-
thies, Dilbagh had been arrested and put in jail for 27 months. Even after his release
on bail, the police continued to harass him, picking him up regularly for interrogation
under torture. To escape these harassments, Dilbagh became a fugitive in February
1990.
Twenty-four-year-old Ranjit Singh alias Bittu, son of Harbhajan Singh and
Surinder Kaur, a student of a technical institute in Amritsar, was a resident of House
No. 885, Namdev road, Jandiala Guru in Amritsar district. His father Harbhajan Singh
was an officer with the Indian Railways. His uncle and his brother-in-law, sisters
husband, were officers of the Punjab police.
In 1987, the Jandiala police began to suspect Ranjit of maintaining links with
militants. After interrogating him illegally for 20 days, the police charged him with
several offences under TADA. Ranjit remained in jail for one year and then came out
on bail. For three months thereafter, the police did not harass him.
Meanwhile, Ranjits uncle and brother-in-law had been receiving threats from
Sikh militants who wanted them to quit the police service. They contacted Ranjit
who was acquainted with a well-known militant leader of the area named Bhupinder
Singh Bhola. Ranjit promised to get in touch with Bhupinder Singh and get him to
dissuade other militants from threatening them.
On 2 March 1990, Ranjit had gone to village Jahangir to meet this well-known
miliant to sort out the problems faced by his relatives. As soon as he arrived at the
site, around 10 p.m. a large police force surrounded the place and a real encounter
followed in which Dilbagh Singh, Ranjit Singh, Bhupinder Singh Bhola, and Sukhdev
Singh of Janian village, were killed.
Twenty-three-year-old Bhupinder Singh Bhola, son of Chanchal Singh and
Sukhwinder Kaur, was resident of Jujhar Nagar, Verowal road, in Jandiala Guru of
Amritsar district. While studying for his matriculation at the government school,
Bhupinder joined the Sikh Students Federation. The police became suspicious of his
links and started detaining him illegally for interrogation under torture. In 1988, the
police charged him with several offences under TADA, but he managed to get out on
bail after nine months. When the police started raiding his house again, Bhupinder
left home and joined the militant underground. The police harassed his family be-
cause of this decision. They arrested his father a number of times and tortured him to
get information about Bhupinders whereabouts. The family members were not al-
lowed to cultivate their land and in the end they all had to flee the village after
mortagaging their land.
The police returned Ranjits body to his family at the recommendation of Amritsars
SSP. Ranjit Singh was cremated at his village. All others were cremated at Patti
cremation ground. However, the list of identified cremations includes the name of
Ranjit Singh whose body was actually cremated in his village. The list does not
include the cremation of Sukhdev Singh, resident of Janian. It is recorded in the list
of unidentified cremations under Serial 87/171. This cremation was also carried out
on 3 March 1990 by head constable (HC) Deedar Singh. The post-mortem report is
marked as KS-20/90.
59. Under serial no. 72/183, the list identifies the cremation of Kashmir Singh, son
of Dharam Singh, r/o Jhander, carried out on 27 May 1990 by Nirmal Singh of
Chhaul police station, under FIR no. 49/90. The post-mortem report is said to be
unavailable and the cause of death is stated to be police encounter.
The CCDP has collected the following information about this case through its
incident report form no. CCDP/01490. The main informant is the victims father Dharam
Singh.
Twenty-five-year-old Kashmir Singh, son of Dharam Singh and Gurdeep Kaur,
was a resident of Jhander village, under Sadar police station, in Tarn Taran. He had
seven brothers and a sister. His father, a small farmer with seven acres of land,
worked hard to raise them and support their education. In 1983 Kashmir Singh passed
his matriculation examination from a government school at Tarn Taran.
The Tarn Taran police illegally arrested, tortured, and interrogated Kashmir Singh
twice in 1986, suspicious of any links with the militants. When the police came to
arrest him for the third time, he slipped away and never returned home. For the next
four years, the family members suffered grave human rights abuses. The police
regularly detained his father and brothers illegally and interrogated them under tor-
ture. They implicated his brothers Ravel Singh and Karaj Singh in fabricated cases of
murder and possession of illegal weapons. After two years in jail, the court acquitted
Karaj Singh of all charges against him. Ravel Singh obtained his release on bail. But
the police atrocities did not cease. The family was not allowed to cultivate its land
and the police confiscated all valuable household possessions. The farm animals
also died from neglect.
On 26 May 1990, Kashmir Singh was arrested by SHO Brar of Jhabbal police
station while traveling in a truck belonging to Sukhdev Singh of Algon Kothi village
in Patti sub-division of Amritsar district. The police confiscated the truck and took
Kashmir Singh and Sukhdev Singh to Jhabbal police station, tortured them under
interrogation, and then killed them that same evening after an orchestrated encoun-
ter. The police claimed that the two terrorists, hopelessly outnumbered by the police
force, consumed poison and died.
The family members learnt about the killings when Hazara Singh, Kashmir Singhs
uncle from Mannan village, came to their house on 27 May 1990 morning. The police
had called Hazara Singh to identify Kashmir Singhs body. Dharam Singh, all his
sons and a large number of village residents, went with Hazara Singh to Tarn Taran
and asked the senior police officers of the district to return the bodies to the families.
According to Dharam Singh, the officials did not object and, after the post-mortem,
returned the bodies to the families. The bodies bore marks of severe torture. The
nails of all fingers on their hands and feet had been removed. Their thighs were
bruised from the rolling of heavy logs with policemen standing atop, a common
method of torture. According to Dharam Singh, the family performed Kashmir Singhs
cremation in his village Jhander in the presence of hundreds of people.
On 28 May 1990, two Punjabi dailies, Ajit and Jagbani, published an identical
report about the police version of the encounter, claiming that Kashmir Singh, sur-
rounded by the police, consumed cyanide and died on the spot. Sukhdev Singh
succumbed to poison on the way to a hospital.
Despite evidence and testimony to the contrary, the CBIs list of identified crema-
tions shows Kashmir Singhs cremation to have been carried out by Nirmal Singh of
Jhabbal police station. In reality, however, the family performed the last rites in their
village. Also, the post-mortem report is marked as not available and the cause of
death is given as police encounter whereas the newspaper reports, following the
police claim, attribute it to cyanide poisoning. Equally puzzling is the fact that Sukhdev
Singhs cremation is not shown in the identified list or in the other two lists prepared
by the CBI. The list of unidentified cremations has no entry on the dates between 19
April 1990 and 30 May 1990.
60. Under serial no. 73/197, the list identifies the cremation of Chanan Singh, s/o
Darshan Singh, r/o Chumlewad, on 28 July 1998 by the SHO of Tarn Tarans city
police station, under FIR no. 147/90. The post-mortem report is marked as BL 51/
90 and the cause of death is mentioned as police encounter.
incident report form no. CCDP/01567. The main informant is the victims father Darshan
Singh.
Nineteen-year-old Channan Singh, son of Darshan Singh and Swaran Kaur, was
a resident of Khehra Patti in village Chooslewal within Patti sub-division of Amritsar
district. Darshan Singh was a small farmer with only five acres of land, insufficient to
sustain his four sons. Channan Singhs two brothers joined the Indian army while
Channan Singh himself became a truck driver with a transport firm that had a tie up
with business firms in Gujarat. He used to drive a truck regularly to Baroda city and
had to stay away from home for several months at a stretch. No one in the family
suspected Channan Singh of being involved with militant activities because the
police had never asked for him, nor had Darshan Singh noticed any such inclination
in his son. Channan Singh was unmarried.
Around 11 a.m. on 26 July 1990 morning, a group of officials from Patti
police station, led by an inspector, raided Darshan Singhs house and, after enquir-
ing about his sons, searched the house. Nothing incriminating was discovered,
but the officers took Darshan Singh away with them to Patti police station and
questioned him about Channan Singh and his activities. Darshan Singh suspected,
from the nature of his interrogation, that Channan Singh had been arrested and
was in police custody. He also overheard police personnel talking about his son over
their wireless sets. But no one clearly told him that his son was in police custody.
On July 28 morning, the inspector who had arrested Darshan Singh took him out of
the lockup and told him to go home. Darshan Singh had no clue that his son had
been killed in an encounter and his body cremated while he remained in police
custody.
After returning home, Darshan Singh heard from some people in the village that
his son had been declared killed in an encounter near Mallian village, reportedly
involving a group of militants and the Tarn Taran police. Darshan Singh realized that
his own arrest and interrogtion had something to do with his sons detention and
elimination. But he still does not know when, where and how Channan Singh was
arrested and why the police decided to eliminate him. Darshan Singh did not have
the courage to go back to the police station and no official ever came to give him any
information about Channan Singhs killing and his cremation.
61. Under serial no. 74/199, the list identifies the cremation of Satnam Singh alias
Satta, s/o Sewa Singh, r/o Valtoha, on 30 July 1990 carried out by SHO Charan
Singh of Valtoha police station under FIR no. 82/90. The post-mortem report is
marked as MS 9/90 and the cause of death is given as encounter.
incident report form no. CCDP/01576. The main informant in the case is the victims
cousin Baljit Singh.
Seventeen-year-old Satnam Singh Satta, s/o Sewa Singh Fauji and Joginder Kaur,
was a student living in Patti Lalo Ki, Valtoha in Patti sub-division of Amritsar district.
His father Sewa Singh, a retired soldier of the Indian army , owned a very small plot
of land that was not enough to sustain the family. Sewa Singh, therefore, also worked
as a guard with the local branch of the Punjab bank.
Satnam was drawn to the militant movement while he was appearing for
his matriculation examination. After completing school, Satnam and one of his
cousins Amarjit Singh, s/o Boota Singh, tried to join the militant underground
but Amarjit was captured and killed within two weeks of his leaving home. Sewa
Singh Fauji tried to convince his son to disown violence and led a normal life.
However by then, the police had found out about Satnams inclinations and started
raiding his house to arrest him. In his absence, the police arrested other family
members, particularly his father, questioning them under torture about Satnams
whereabouts.
Early morning on 30 July 1990, when Satnam and one of his associates Shinder
Singh, s/o Charan Singh from Kalia Sakattera, and another unidentified person were
sleeping in a house in village Lakhna, the police surrounded the house from all sides
and started firing. Satnam and his companion decided not to offer any resistance
since that would have endangered the family that had given them shelter. According
to eyewitness accounts, Satnam and Shinder consumed cyanide and died, but the
police continued to fire for a long time with the intention of making it appear like a real
and fierce encounter.
The next morning, newspapers reported the incident as a major encounter in
which Satnam Singh and one other unidentified militant had been killed. The family
was not informed about the killing and thus failed to attend the cremation.
The CBIs identified list only shows Satnams cremation. Shinder Singh, s/o
Charan Singh from Kalia Sakattera, was cremated as an unidentified militant as evi-
dent from Serial no. 112/198 in the unidentified list of the CBI. He was cremated by the
same SHO under the same FIR no.; his post-mortem report is marked as MS-10/90.
62. Under serial no. 75/201, the list identifies the cremation of Mulagar Singh, s/
o Hardeep Singh, r/o Mehmoodpura, carried out by SHO Paramdeep Singh of
Bhikhiwind police station on 2 August 1990, under FIR no. 77/90. The post-
mortem report is marked as MS 15/90 and the cause of death is described as
police encounter.
Jatinder Singh Sadh.
Thirty-year-old Malagar Singh, son of Hardeep Singh and Nirmal Kaur, was a
farmer resident of Mehmoodpura village under Valtoha police station in Patti sub-
division of Amritsar district. Malagar was a baptized Sikh and was married. His
widow has since returned to her parents house.
Mehmoodpura is a village very close to Indias border with Pakistan and the
police suspected Malagar of engaging in smuggling. He had been arrested and
interrogated a number of times in the past. With the onset of the militant movement
in Punjab, the police began to suspect that he helped militants cross the border to
Pakistan where some of them had taken shelter. The police detained him, interro-
gated him under torture and implicated him in several cases under TADA. This
pattern of police behavior continued even after he convinced the trial court to re-
lease him on bail. After one more experience of custodial torture, Malagar left home
to join the militant underground. The police began to harass his family members,
especially targeting his brother Dilbagh Singh.
Dilbagh was arrested and killed along with Bhagwant Singh of Madara village
under Khalra police station around May 1989. The family members do not remember
other details. His body was returned to the family for cremation.
On 1 August 1990, the Bhikhiwind police arrested Malagar from a house in Makhi
village close to Margindpura and killed him that night in a staged encounter near
village Sadaran. After reading the report about the encounter in a newspaper, which
identified Malagar by his name, the family members went to Bhikhiwind police sta-
tion to claim his body. The police officials, however, refused to talk to them and they
were unable to find out where his body had been cremated.
cremations carried out by SHO Surinder Singh of Harike police on 16 July 1990,
under FIR no. 49/90. They are of [1] Major Singh, s/o Gulzar Singh Jat, r/o
Nadhohar; [2] Gurnam Singh, s/o Kartar Singh, r/o Rasoolpur; and [3] Nishan
Singh, s/o Karnail Singh, r/o Shirpur Seda. The post-mortem reports are marked
as SS 4/90, SS 5/90 and SS 6/90. The cause of death is given as firearm injuries.
The committee has acquired the following information about Major Singh and
Gurnam Singh through its incident report form no. CCDP/01584 and 01532. The main
informants are the victims brothers Sukhdev Singh and Balkar Singh.
Major Singh, son of Gulzar Singh and Jagir Kaur, was a 21-year-old boy from
village Nadohar, post office Bathe Bhaini under Harike police station in Patti sub-
division of Amritsar district. He had dropped out of his school studies to receive a
religious education at the Dam Dami Taksal. The government viewed the Taksal as
an active militant organization and the police regularly detained and tortured those
who were associated with it. Major Singh was also arrested a number of times and
once he was charged with offences under TADA. Since the police had framed the
case without any evidence, the court granted him bail after six months and then
acquitted him altogether. However, the police continued to harass Major Singh, even
requiring him to report to the police station every week. Major Singh was not able to
tolerate these humiliations and decided to go underground and join the ranks of
militants. The police then began to harass his family members.
Gurnam Singh, s/o Kartar Singh and Channan Kaur, was only a seventeen-year-
old boy from village Rasoolpur, post office Bhangala, in Patti sub-division of Amritsar
district. He had joined the Dam Dami Taksal after completing his matriculation. While
he was still at school, the Valtoha police had arrested him a few times suspecting him
of having links with the militant groups. He was also badly tortured. These experi-
ences contributed to his decision to join the ranks of militants. The police started
harassing his father and brothers.
On 16 July 1990, Major Singh, Gurnam Singh and two of their associates, Nachhatar
Singh of Fatehgarh Sabhran village and Nishan Singh of Sherpur Saida village in
Sultanpur Lodhi sub-division of Kapurthala district, were trapped in a police cordon
laid by Harike police between Rooriwal and Chamba villages. They were killed in a
real encounter, in which three policemen also died. The police took the bodies to
Patti hospital for their post-mortem and also wanted to carry out the cremations
themselves. However, thousands of people, along with the family members of the
killed boys, gathered at the hospital to demand the return of the bodies, and the
police had to permit the family members to carry out the cremations.
The CBIs list of identified cremations, however, shows only three cremations,
those of Major Singh, Gurnam Singh and Nishan Singh, and that they were carried
out by SHO Surinder Singh of Harike police station and not the family. The fourth
cremation, that of Nachhatar Singh, is recorded in the CBIs partially identified list,
Under serial no. 14/208, with the same FIR no. His post-mortem report is marked as
SS-7/90.
66. Under serial no. 81/211, the list identifies the cremation of Sardool Singh, s/o
Dara Singh, r/o Jodhisinghwala, carried out by the SHO of Bhikhiwind police
station on 2 August 1990, under FIR no. 77/90. The post-mortem report is marked
as MS 16/90 and the cause of death is given as police encounter.
form no. CCDP/01524. The main informant is the victims brother Boor Singh.
Thirty-year-old Sardool Singh was the son of Bhag Singh, a Mazhabi Sikh from
village Jodh Singhwala, post office Bhangala, in the Patti sub-division of Amritsar.
Bhag Singhs name has been changed to Dara Singh in the CBIs list. Sardool Singh
was unmarried and earned his livelihood, like his four brothers, as a laborer. Sardool
had no links with any political or militant association.
In the last week of July 1990, a group of police officers from Bhikhiwind police
station came to Sardools house and after ascertaining his name, asked him to come
with them to the police station. When the family members asked the police about the
reasons for his arrest, the SHO said that they wanted to question him in connection
with a theft case. After some days, the family members learnt that Sardool Singh had
been declared killed in an encounter. From fear of further reprisals, his family did
not go to the police station to make inquiries and reconciled themselves to what had
happened.
No one from the family attended the cremation. Also, Sardools ashes could not
be collected because of the lack of information.
67. Under serial no. 83/246, the list identifies the cremation of Darshan Singh, s/
o Jarnail Singh, r/o Sabra, carried out by SI Major Singh of Patti police station on
10 September 1990 under FIR no. 171/90. The post-mortem report is said to be
not available and the cause of death is given as police encounter.
The committee has got the following information about this case through its inci-
dent report no. CCDP/01673. The main informant is the victims widow Kashmir Kaur.
Twenty-eight-year-old Darshan Singh, son of Jarnail Singh and Jagir Kaur, was a
young farmer from Sabhra village, Patti Bhane Ki, in Patti sub-division of Amritsar
district. The son of a prosperous farmer, Darshan was not involved with any political
or militant organizations. He was married to Kashmir Kaur and had a son, Lakhwinder
Singh.
In the first week of September 1990, Darshans father-in-law died in his
village Saidon under Patti police station. Darshan accompanied his wife Kashmir
Kaur to her village and stayed at her parents house for some days. On 9 September
1990, Darshan and two other young men of village Saidon went for a motorcycle ride
and were about to reach a petrol pump in village Bhogupur when a group of
police officers, led by SHO Major Singh of Patti police station, suspected them
of being militants and shot at them. Darshan, the pillion rider, was
hit by a bullet and fell down dead. The police took Darshans two companions
into custody. Residents of Saidon village found out about the incident and immedi-
ately informed Darshans parents. They went to Patti police station to claim
the body, but SHO Major Singh refused to return the body and carried out the
cremation.
The police released a statement to the press to claim that a militant named Darshan
Singh had been killed in an encounter.
68 69: Under serial nos. 84/256 and 85/257, the list identifies two cremations
carried out by SHO Surinder Singh of Harike police station on 4 October 1990,
under FIR no. 66/90. They are of [1] Bhinder Singh, s/o Gurbachan Singh, r/o
Shakhera; and [2] Satnam Singh, s/o Bhajan Singh, r/o Baghari. Bhinder Singhs
post-mortem report is marked as MS 123/90. Satnams post-mortem report is said
to be not available. The cause of death is recorded as firearm injuries.
The committee has got the following information through its incident report form
nos. CCDP/1571 and 1547. The main informants are Bhinder Singhs father Gurbachan
Singh and Satnams mother Jagir Kaur.
Bhinders full name was Bhupinder Singh. He was 23-years-old and the son of
Gurbachan Singh and Sukhraj Kaur, who lived at Dhariwal village in Patti sub-
division of Amritsar district. Gurbachan Singh was originally from Sakhira village
in Tarn Taran sub-division of the district. But he had bought some land in Dhariwal
village and had shifted his residence. Bhupinder was the older of his two sons and
started helping him with the agricultural work after completing his school educa-
tion. Bhupinder was a baptized Sikh, associated with a Sikh religious leader, Baba
Charan Singh, who used to organize voluntary labor for the reconstruction of
historical Sikh shrines. Bhupinder was also good at reciting Sikh scripture. During
religious functions, Bhupinder used to receive invitations to recite the scripture,
usually for a fee, which helped supplement his income.
In 1987, Sarhalli Kalan police had illegally detained and terribly tortured him
when he had gone to village Shaheed to recite the scripture at a religious cer-
emony. His father had to pay a bribe of Rs. 70,000 to get him out alive. The police
framed him in a TADA case and sent him to jail. Bhupinder came out on bail after
nine months. When the police continued to arrest and torture him even after
his release from prison, Bhupinder left home and began to live with his religious
mentor.
Seventeen-year-old Satnam Singh, s/o Bhajan Singh and Jagir Kaur, was from
village Baghiari, Patti Kahn Singh Wali, under Jhabbal police station, in Tarn Taran
sub-division of Amritsar district.
Like Bhupinder, Satnam was also a baptized Sikh and had done voluntary labor
at various gurdwaras organized by Baba Charan Singh. That was the basis of his
acquaintance with Bhupinder Singh. Satnam had never been arrested or interro-
gated by the police.
On 3 October 1990, during the course of a combing operation, Harike police
arrested Bhupinder and Satnam from the house of Bhupinder Singhs maternal
grandparents at Ratta Gudda village. The same day, the police enacted an encoun-
ter near a farmhouse in the same village and declared them killed. Satnams parents
learnt of the execution when a constable attached to Harike police station came and
informed them. They sent a message to Bhupinder Singhs family and reached Patti
hospital where the bodies had been sent for post-mortem. A large number of people
from Dhariwal and Baghiari villages also came to the hospital and forced the police to
hand over the bodies to the family members for their cremation.
Although the cremations were carried out by the family members themselves, at
their own villages, the CBIs list says that they were carried out by SHO Surinder
Singh of Harike police.
70 72: Under serial nos. 86/258, 87/259 and 88/260, the list identifies three
cremations on 11 October 1990, carried out by SHO Charan Singh of Valtoha
police station, under FIR no. 109/90. They are of: [1] Sukhdev Singh alias Kalla, s/
o Virsa Singh Jat, r/o Dhulkouna; [2] Mukhtiar Singh alias Mand, s/o Amar
Singh, r/o Bhuakohnu; and [3] Pappu, s/o Jarnail Singh, r/o Verowal. The post-
mortem reports are marked as MS 139/90, MS 141/90 and MS 140/90. The cause
of death is given as encounter.
The committee has acquired the following information about Sukhdev Singh
and Mukhtiar Singh through its incident report form nos. CCDP/01679 and 01680.
The main informants are the victims mothers Gurmeet Kaur and Charan Kaur,
respectively.
Twenty-six-year-old Sukhdev Singh alias Kala, son of Virsa Singh and Gurmeet
Kaur, was an unmarried young farmer from Doohal Kohna village under Khemkaran
police station in Patti sub-division of Amritsar district. Sukhdevs father had died
when he was still young. Hence, he had to give up school to help his brothers look
after the agricultural farm. Sukhdev and his brothers were baptized Sikhs. According
to Gurmeet Kaur, they were not associated with the militant movement. Once in early
1990, the Khemkaran police arrested Sukhdev on the suspicion that he maintained
links with the militants. The police tortured him under interrogation but released him
10 days later at the intervention of the village council. No criminal case had been
registered against him.
Twenty-year-old Mukhtiar Singh alias Mand, son of Amar Singh and Charan
Kaur, was also an unmarried boy from Bhoora Karimpura village under Khemkaran
police station in Patti sub-division of Amritsar district. As with Sukhdev, Mukhtiars
father had also expired and he used to help his brothers manage the family farm.
Mukhtiar was also a baptized Sikh. Mukhtiar had never been arrested but, according
to his mother, he did maintain contacts with members of the underground.
In the second week of October 1990, Sukhdevs mother Gurmeet Kaur went to
attend the cremation of a close relative who had expired in village Bhai Ladhu. She
returned home on 10 October 1990 to find that her son Sukhdev was absent. On that
day, Sukhdev along with Mukhtiar Singh of Doohla Kohna village and Pappu, s/o
Jarnail Singh of Bharowal village, were standing at the Tahli bus stand when a group
of officials from Valtoha police station shot them down. All of them were killed on the
spot. Another young man from Asal Utar village, who was cutting fodder in a shop
close to the bus stand, was also hit by bullets and killed.
On 11 October morning, some officers of the Valtoha police station came to
Gurmeet Kaurs house and asked her to reach the police station to identify her sons
body. On reaching the police station, she met the family members of the other two
boys, killed by the police, who had also been also been called for the same purpose.
However, after the identification, the police refused to hand over the bodies to the
families. They carried out the cremations after marking the bodies as unclaimed.
It is not clear what happened to the body of the fourth person who had been
killed accidently. The CBI list of identified cremations shows only three cremations
under FIR no. 109/90. No other cremation carried out by the Valtoha police under the
FIR is recorded in the CBI lists of partially identified and unidentified cremations.
According to Charan Kaur, Mukhtiars mother, the police also arrested and killed
two others known to her from Bhoora Karimpura village in fake encounters. They
are: [1] Gurnam Singh, s/o Ranga Singh; and [2] Gursahib Singh, s/o Major Singh.
73 74. Under serial nos. 89/261 and 90/262, the list identifies two cremations,
carried out on 25 November 1990 by SHO Surinder Singh of Valtoha police station,
under FIR no. 125/90. They are of: [1] Kuldeep Singh, s/o Puran Singh, r/o Ran
Singhwala; and [2] Beer Singh s/o Surbaksh Singh, r/o Chatiwind. The post-mortem
reports are marked as BBS 2/90 and BBS 3/90. The cause of death is given as
police encounter.
The committee has acquired the following information about Kuldeep Singh
through its incident report form no. CCDP/01536. The main informant is the victims
father Pooran Singh.
Twenty-two-year-old Kuldeep Singh, s/o Pooran Singh and Ranjit Kaur, was an
automobile mechanic, resident of village Ram Singh Wala, post office Bhangala,
under Valtoha police station, in Patti sub-division of Amritsar district. He was unmar-
ried and lived with his parents.
Until 1989, Kuldeep, a baptized Sikh, never faced any harassment from the police.
In that year, the police became suspicious that he may be maintaining ties with
militants and helping them cross into Pakistan since the village Ram Singh Wala is
very close to the border. The police started raiding his house to arrest him, and
Kuldeep, fearing torture, started staying away.
Around 4 p.m. on 24 November 1990, officials from Valtoha police station came to
Kuldeeps house in his village and took his father Pooran Singh, brother Virsa Singh
and a neighbor along with them to Puthiawali village where two bodies were lying in
the fields. One of them was that of Kuldeep Singh and the other was of Veer Singh
who lived at Chatiwind in Amritsar city. After their identification, the police asked
Pooran Singh to come to Patti the next day where, after the post-mortem, the bodies
were cremated under police supervision. The family members attended the cremation
and carried out the rituals.
The fact that the Valtoha police came to his house and got him to identify the
bodies, has led Kuldeeps father to believe that his son had been killed following his
interrogation.
75. Under serial no. 91/263, the list identifies the cremation of Gopal Singh, s/o
Bagh Singh, r/o Maneke village, carried out on 4 December 1990 by SHO Jarnail
Singh of Valtoha police station under FIR no. 128/90. The post-mortem report is
marked as KS 26/90 and the cause of death is given as police encounter.
its incident report form no. CCDP/01685. The main informant is the victims widow
Harbans Kaur.
Sixty-two-year-old Gopal Singh, son of Bhag Singh and Gulab Kaur, was a farmer
resident of Mane Ke village under Valtoha police station in Patti sub-division of
Amritsar district. Married to Harbans Kaur, he was the father of a son Channan Singh
and two daughters. Gopal Singh did not have any criminal or political background
and had never been arrested or interrogated.
Around 7 a.m. on 4 December 1990, Gopal Singh was feeding his cattle in the barn
in his fields when he was hit by bullets fired by a group of policemen apparently chasing
some militants. Gopal Singh died on the spot. A newspaper report that appeared the
next day said that a militant had been killed in an encounter at village Mane Ke.
A larger number of village residents, including the members of the village coun-
cil, went to Valtoha police station to tell the officers that the person killed by them
was not a terrorist but an innocent farmer of the village. The officers admitted that it
was an inadvertent killing, handed the body over to them for cremation in the village
and promised to take action against those responsible. They, however, later changed
their stance to announce that Gopal had been killed by fleeing militants and paid
some compensation to the family members. The police also asked the family not to
reveal how Gopal Singh had actually been killed so that they might continue to
receive the benefits to which the victims of militant violence are entitled.
Once again, it is not clear why and how Gopal Singhs cremation is included in
the CBIs list of identified cremations carried out by the police. The body had been
burnt by the family members at the village.
cremations on 22 October 1990, carried out by inspector Joginder Singh of Tarn
Tarans Sadar police station mentioned under FIR no. 94/90. They are of: [1] Mangal
Singh, s/o Joginder Singh Jat, r/o Pakhoke; [2] Harbhej Singh, s/o Angrez Singh,
r/o Dharar; and [3] Gurvail Singh, s/o Joginder Singh, r/o Jawende. The post-
mortem reports are marked as KS 79/90, KS 80/90 and PS 89/90. The cause of
death is given as encounter.
The committee has acquired the following information about Harbhej Singh and
Gurvel Singh through its incident report form no. CCDP/01508 and 01428. The main
informants are Surjit Kaur and Gurbachan Kaur, the mothers of Harbhej Singh and
Gurvel Singh, respectively.
Harbhej Singh was the son of Surjit Kaur and Ravel Singh not Angrez Singh as
mentioned in the CBIs list. They lived in village Dharar under Jandiala Guru police
station in Amritsar district. Harbhej was the youngest of four brothers and had
completed his graduation in 1989 from a college in Khadur Sahib. He had never been
arrested before and, according to his father, had no dubious political or militant
connections.
After graduation, Harbhej wanted to move to Amritsar to continue his studies,
but the family could not afford it. So his father purchased some land in village
Rajiwal and Harbhej began to cultivate it. On 20 October 1990, Harbhej Singh went to
Rajiwal village to water his fields, but did not return home in the evening. Worried
family members made inquiries with no success. On 23 October 1990, Ravel Singh
heard that his son was one of the four alleged militants who had been killed in a
reported encounter in Dugari village under Tarn Taran police station. When Ravel
Singh went to Dugari village to talk to the people who had witnessed the encounter,
he found out that the police had arrested four persons, including his son, from a
house and tortured them brutally before killing them in a staged encounter.
The four included Gurvel Singh, a 16-year-old-boy from village Jawande Khurd,
post office Baath, under Tarn Tarans Sadar police station. Son of Joginder Singh
and Gurbachan Kaur, Gurvel had passed his matriculation examination in 1990. While
studying at the Government High School Baath, Gurvel met Balwinder Singh Fauji,
an active militant, and probably began to help him deliver messages.
On 22 October 1990, Gurvel went to village Varana, also under Tarn Taran Sadar
police station, possibly to meet some people known to Balwinder Singh Fauji. On
reaching Varana, Gurvel discovered that the police were conducting a combing op-
eration. Gurvel tried to leave, but the police arrested him. Later that evening, he was
shown killed along with three others in an encounter orchestrated in village Dugari.
On 23 and 24 October, the encounter was reported in two newspapers, Ajit and
Jagbani. The police carried out the cremation without informing the parents. Others
killed in the same encounter are: Mangal Singh of Pakhoke village, and Paramjit
Singh of Kambo.
The CBIs list of identified cremations only shows the names of Mangal Singh,
Harbhej Singh and Gurvel Singh. Paramjit Singhs cremation, carried out by the same
inspector under the same FIR no., has been recorded in the partially identified list,
Under serial no. 19/269, although all his particulars are easily available. Paramjits
story is summarized in the appropriate section of the report.
Eighteen-year-old Paramjit Singh, s/o Sadhu Singh and Surinder Kaur, was a
higher secondary school student from village Kamoh, post office Maluwal, under
Jhabbal police station, in Tarn Taran sub-division of Amritsar district. Paramjit had
passed his matriculation examination earlier in the year from the government senior
secondary school at Naushehra Pannuan.
While at school, Paramjit, like Gurvel, had come in contact with some people
associated with the underground armed resistance and had been attending political
and religious meetings organized by them. He was a baptized Sikh. Paramjit felt
outraged by the Indian armys assault on the Golden Temple and the subsequent
killing of more than 3,000 Sikhs in the Delhi pogroms.
On 16 October 1990, Paramjit left his house but did not return. His parents made
inquiries but could not learn anything. On 22 October 1990, Sadhu Singh came to
know that his son Paramjit was one of the four alleged militants who had been killed
in a reported encounter near village Dugari.
The next day, at Patti cremation ground, Sadhu Singh met the parents of all the
others who been killed by the police in the same incident. They had come there
to collect the ashes of their sons with the help of cremation ground attendants.
According to Sadhu Singh, police had arrested and interrogated the boys before
killing them because otherwise they would not have known their names and other
particulars.
79 - 82. Under serial nos. 95/278, 96/279, 97/280 and 98/281, the list identifies
four cremations on 3 November 1990, carried out by inspector Jagdish Singh of
Tarn Tarans Sadar police station, under FIR no. 106/90. They are of: [1] Sukhwinder
Singh alias Sanga, s/o Gulzar Singh Jat, r/o Sanga; [2] Baljeet Singh, alias Bali, s/
o Makhan Singh Jat, r/o Khala; [3] Vikramjit Singh, s/o Gopal Singh, r/o Narula;
and [4] Manjeet Singh s/o Gian Singh Lubhana, r/o Chatiwind. The post-mortem
reports are marked as PS 72/90, PS 73/90, AK 94/90 and PS 74/90. The cause of
death is recorded as police encounter.
The committee has acquired the following information about the cases of
Sukhwinder Singh, Baljit Singh and Vikramjit Singh through its incident report form
nos. CCDP/01464, 01625 and 01542. The main informants are Mohinder Kaur, Swaran
Kaur and Gopal Singh, mothers of Sukhwinder and Baljit, and the father of Vikramjit,
respectively.
As a student at Khalsa College, Amritsar, Sukhwinder had joined the All India
Sikh Students Federation and participated in the agitation launched by the Akali Dal
before Operation Blue Star in June 1984. After June 1984, Sukhwinder joined the
militant movement and at the time of his death at the age of 28, he was leading an
outfit known as Bhindranwala Tigers Force.
Twenty-one-year-old Baljit Singh, s/o Makhan Singh and Swaran Kaur, was from
village Khela, post office Fatiabad under Goindwal police station, in Khadur Sahib
sub-division of Amritsar district. Baljit, a baptized and devout Sikh, was a graduate
and was involved with the political situation in Punjab. Although his involvement
was political, the police began to harass him. After attending a political meeting at
village Pangota, the Patti police arrested him and tor-
tured him savagely. He was implicated in a case under
TADA and had to spend three years in jail where he
studied for a post-graduate degree in Punjabi literature
and became a Gyani. When the police began raiding
his house, even after his release from jail, Baljit decided
to join the underground resistance and left home. The
police then started torturing his family members. His
father was taken into custody several times and bru-
tally tortured. Also, Baljits younger brother Sudhjit
Singh was later implicated in a false murder case.
Twenty-four-year-old Vikramjit Singh, s/o Gopal
Singh and Gurdeep Kaur, from village Narla under
Khalra police station in Patti sub-division of Amritsar
district was a B.A. student in his second year at the government college in Patti. The
June 1984 Indian army s assault on the Golden Temple had a deep impact on Vikramjit,
and he began to support the idea of an armed resistance to Indias atrocities against
the Sikhs. The police became suspicious and began raiding his house to arrest him.
But Vikramjit slipped away and joined the underground. The police then started
harassing his family members, arresting his father and other relatives, and torturing
them under interrogation. The family was also not allowed to cultivate their farmland.
On 3 November 1990, Sukhwinder, Baljit, Vikramjit and two of their associates,
Manjit Singh and Nirmaljit Singh, were killed in what appears to be a genuine en-
counter with the Tarn Taran police, led by SP (operations) Khubi Ram, near village
Bhullar. The police carried out the cremations without informing the family members.
The encounter was reported prominently by all newspapers the next day. The press
reports also identified all the slain militants, including Nirmaljit Singh, by their names.
However, the CBI list of identified cremations does not show Nirmaljits name. His
name is included in the partially identified list Under serial no. 20/282.
The families of these militants continued to suffer persecution even after their
sons had been killed. The police often picked up and tortured members of
Sukhwinders family. They also prevented his family from cultivating their land for
several years. Two of his brothers, Balwinder Singh Billu and Khushdeep Singh,
Baljit Singh
were arrested and disappeared. They were picked up on 23 June 1992 outside Gurdwara
Bhaini Sahib when they were going with several others to attend a ceremonial feast
at village Chhandra organized to commemorate the killing of another militant leader,
Rachhpal Singh Chhandra. The arrest was made by DSP Dalip Singh of Ludhiana
district. Three days later, DSP Dalip Singh told their mother Mohinder Kaur and a
group of village elders who had come with her that both of them were under interro-
gation at the CIA staff center in Khanna and advised them to meet SSP Raj Kishan
Bedi of Khanna. Raj Kishan Bedi claimed that he had handed both of them to SSP
Ajit Singh Sandhu of Tarn Taran police for investigations. But Sandhu denied ever
having taken the two boys into his custody.
Two of Baljits close relatives were also picked up and killed. His nephew Satnam
Singh, s/o Deedar Singh was arrested from his house and killed in a fake encounter
by the Majitha police. His uncle Balkar Singh Fauji alias Babbu, s/o Dalip Singh, was
also picked up from his house and eliminated in a fake encounter.
83 87. Under serial nos. 99/284, 100/285, 101/286, 102/287 and 103/289, the
list identifies five cremations carried out by SHO Surinder Singh of Valtoha police
station on 5 November 1990 under FIR no. 118/90. They are of: [1] Balkar Singh
alias Fauji, s/o Hari Singh, r/o Sarli Mandan; [2] Hakim Singh alias Hakku, s/o
Gurmej Singh, r/o Dasoowal; [3] Sukhdev Singh, s/o Balbir Singh, r/o Dasoolpur;
[4] Gulzar Singh alias Shopes, s/o Ajaib Singh, r/o Multan Bagh; and [5] Balkar
Singh, s/o Karnail Singh, r/o Johal Singhwala. The post-mortem reports are marked
as MS 181/90, MS 189/90, MS 190/90, MS 191/90 and MS 193/90. The cause of
death is given as firearm injuries.
The committee has gathered the following information about these cases through
its incident report form nos. CCDP/01480 and 01530. The main informants are Balkar
Singhs brother Jaswant Singh, resident of Sarhalli Mandan, and Hakam Singhs
mother Gurmej Kaur.
Thirty-year-old Balkar Singh alias Fauji, son of Hari Singh and Mohinder Kaur,
was a resident of village Sarhalli Mandan, in Patti sub-division of Amritsar district.
He was a soldier of the Indian army and was married to Preetam Kaur. Their only son
Balwinder Singh is now around 20.
After June 1984, Balkar was dismissed from the army , though his family does not
know on what charges. According to his brother Jaswant Singh, Balkar was dis-
missed from service but was not punished with imprisonment.
Following his dismissal, Balkar returned to his village and started driving a public
transport vehicle, known in rural Punjab as Gharoonka, a large noisy vehicle that
runs on a tractor engine. The police illegally arrested Balkar a number of times in 1988
and interrogated him under brutal torture about his political and militant connec-
tions. He was not formally charged, but when the police raided his house again
towards the end of 1988, Balkar dodged the arrest and went underground. The police
instead started harassing his family members. They police confiscated all valuable
goods in the house, including Balkars vehicle. The police detained Balkars brother
Jaswant Singh and implicated him in a case under the Arms Act and TADA. He
remained in jail for one year. Balkars cousin Balbir Kaur was married to Santokh
Singh, son of Gurditt Singh of Sarhalli Mandan village. The police arrested Santokh
Singh and his father Gurditt Singh from their house, interrogated them about Balkars
whereabouts and then killed Santokh Singh in a fake encounter near village Sur
Singh Wala.
Eighteen-year-old Hakam Singh, son of late Gurmej Singh alias Jeja and Gurmej
Kaur, was a resident of village Dasuwal, post office Maneke, under Valtoha police
station, in Patti sub-division of Amritsar district. He was a class-IX student when
the police started raiding his house to arrest him because of his alleged links with
militants. In order to avoid his arrest, Hakam Singh left home. For the next two years,
the police detained his brothers and nephews.
Balkar and Hakam died on 4 November 1990. That evening, the local station of
the AIR broadcast a report about the killing of seven militants, including Balkar
Singh and Hakam Singh, in an encounter near village Jand under Valtoha police
station. The newspapers published the same report the next morning. The family
members were unable to verify whether the reported encounter was real or rigged.
On 5 November 1990, the families of those who had been killed gathered outside
the Patti police station where the bodies were lying before the cremation. The rela-
tives were, however, not allowed to approach the bodies or to look at them. The police
also prevented them from attending the cremations, which they performed them-
selves.
Jaswant Singh gave us the following list of people killed:
[1] Hakam Singh, s/o Gurmej Singh, resident of Dasuwal;
[2] Sukhdev Singh, s/o Balbir Singh, resident of Rasool Pur;
[3] Gulzar Singh, s/o Ajaib Singh, resident of Multan Bagh;
[4] Balkar Singh, s/o Karnail Singh, resident of Jor Singh Wala;
[5] Mukhtiar Singh, resident of Bundala, district Ferozepur; and
[6] Gora, resident of Kamala Bodla.
Gurmej Kaur also gave the name of the seventh person killed as Balkar
Singh Mand, son of Hari Singh and resident of Jodh Singh Wala. The CBIs list
of identified cremations shows the funeral of the four out of these six. The crema-
tions of Gora, resident of Kamala Bodla, and of Mukhtiar Singh, resident of Bundala
in Ferozepur district, are shown in the list of those partially identified under Serial
Nos. 22/288 and 23/290. The post-mortem reports are marked as MS-192/90 and
MS-194/90.
88. Under serial no. 104/296, the list identifies the cremation of Sukhchain Singh
alias Sukha, s/o Darshan Singh Jat, r/o Bhai Ladoo, carried out by ASI Pritam
Singh of Patti police station on 14 November 1990, under FIR no. 208/90. The post-
mortem report is marked as KS 1/90. The cause of death is said to be police
encounter.
form no. CCDP/01590. The main informant is the victims brother Lakhbir Singh.
Twenty-four-year-old Sukhchain Singh, s/o Darshan Singh and Balwinder Kaur,
was a young farmer from village Bhai Ladhu under Bhikhiwind police station in Patti
sub-division of Amritsar district. He was married to Baljit Kaur and was the father of
a son, Jatinder Singh, who is now 12.
A baptized Sikh, Sukhchain had taken active part
in the agitation for greater autonomy for Punjab,
launched by the Akali Dal in July 1982 and later joined
by Jarnail Singh Bhindranwale. Sukhchain was a fol-
lower of Bhindranwale. After Operation Blue Star, the
police began to raid Sukhchains house regularly and
detain him for questioning under torture about his po-
litical and militant connections. In 1987, the Valtoha
police registered a case against him under the Arms Act
and sent him to jail. The police had framed him without
any evidence, and Sukhchain was able to obtain his
release on bail within six months. However, the police
harassment and raids continued and Sukhchain decided to leave home. The police
then began to target his family members, arresting his father and brother Lakhbir
Singh often and subjecting them to brutal torture. The police also demolished his
ancestral house in the village, forcing his family to live as refugees with friends and
relatives.
In the night between 13 and 14 November 1990, Sukhchain and one of his asso-
ciates Mukhtiar Singh from Varnala village, were trapped in a police cordon near a
petrol pump on the road to Patti. There was an exchange of fire and the police shot
both of them dead. After the post-mortem, the police carried out the cremations, but
allowed his mother and some other family members to attend.
All of the Punjab newspapers reported the encounter and the killing of Sukhchain
Singh and Mukhtiar Singh, s/o Hardeep Singh of Varnala village under Valtoha po-
lice station. However, the CBIs list of identified cremations mentions records only
the cremation of Sukhchain Singh on November 14. The list of partially identified
cremations, Under serial no. 24/297, shows that Mukhtiar Singh alias Mukha, s/o
Hardeep Singh was cremated on 29 November 1990 by SHO Jagdish Singh of Tarn
Tarans Sadar police station under FIR no. 116/90. It is not clear why Mukhtiars
cremation was carried out nearly two weeks later by officials of a different police
station under a another FIR no., if he had also been killed along with Sukhchain
Singh in the same encounter on the night between November 13 and 14. The FIR no.
under which Mukhtiar was cremated matches the FIR no. of cremations carried out
Under serial nos. 25/301 and 26/302, partially identified as Bagal Singh, r/o Hoshiarpur
and Gurdeep Singh Mehra, r/o Pakhoke. Mukhtiar Singh and Bagal Singh even
share the same post-mortem report number.
carried out by ASI Amrik Singh of Valtoha police station on 3 December 1990
under FIR no. 127/90. They are of: [1] Satnam Singh alias Satta, s/o Tara Singh, r/
o Bundala; and [2] Kulwant Singh, s/o Pala Singh, r/o Assalutar. The post-mortem
reports are marked as JS 3/90 and JS 4/90. The cause of death is identified as
police encounter.
The committee has gathered the following information iregarding Kulwant
Singh through its incident report form no. CCDP/01248. The main informant is
Sukhchain Singh
Pala Singh Fauji, the victims father.
Kulwant Singh, a 24-year-old resident of Qila Sodhian Wala under Valtoha police
station and the son of Pala Singh Fauji and Mohinder Kaur, had received religious
education at the Dam Dami Taksal under the leadership of Jarnail Singh Bhindranwale.
He participated in the agitation for the implementation of the Anandpur Sahib
resolution before Operation Blue Star and was arrested after the army stormed
the Golden Temple in June 1984. The police later arrested him again and detained
him under TADA. He was acquainted with many of those involved in the militant
movement.
On 3 December 1990 morning, Kulwant Singh was at home when Satnam Singh,
alias Satta, resident of Bundala village in Ferozepur district came to visit him. Satnam
Singh was a militant wanted by the police. They soon traced him and minutes later,
a large police force from Valtoha police station raided the house and arrested both
Kulwant Singh and Satnam Singh. With their hands tied to their back, the police
asked them to walk towards village Kotli. The police told the family members and the
villagers to stay indoors and not look out.
An hour later, the Valtoha police staged the encounter with a lot of gunfiring.
After waiting for sometime, Kulwants father Pala Singh, accompanied by several
village elders, went to Valtoha police station where he found out that the bodies had
already been sent for a post-mortem to Patti hospital. He saw the bodies of his son
and Satnam Singh at the hospital. The police allowed him to attend the cremations.
Around 5 December 1990, Ajit carried a report on the encounter.
Kulwant Singhs maternal uncle Lakhwinder Singh, s/o Thakar Singh, resident
of Bahadargarh Nagar under Valtoha police station, was also killed in a separate
incident.
91 93. Under serial nos. 107/322, 108/324 and 109/325, the list identifies three
cremations carried out on 24 January 1991 by SHO Surinder Singh of Valtoha
police station and SI Raghubir Singh of Harike police station. SHO Surinder Singh
cremated: [1] Rasool Singh, s/o Atma Singh, r/o Thathi Jaimal Singh under FIR
no. 5/91. SI Raghubir Singh of Harike police station carried out two cremations
under FIR no. 1/91. They are of: [1] Kashmir Singh, s/o Banta Singh, r/o village
Khara; and [2] Lakhwinder Singh alias Lakha, s/o Surinder Singh, r/o Kaler. The
post-mortem reports are marked as MS 17/91, MS 15/91 and MS 16/91. The cause
of death in all three cases is given as police encounter. Although these crema-
tions were carried out by two different police stations under separate FIR numbers,
they are related cases and will be discussed together.
The committee has collected the following information regarding Rasool Singh
and Kashmir Singh through its incident report form nos. CCDP/01591 and 01599. The
main informants are Rasool Singhs brother Sukhchain Singh Fauji and Kashmir
Singhs widow Sukhwinder Kaur.
The correct name of Rasool Singh is Rasal Singh, the 18-year-old son of Atma
Singh and Charan Kaur, resident of village Thathi Jaimal Singh Wali, post office Kalia
Sakatteran under Valtoha police station in Patti sub-division of Amritsar district.
While in high school, Rasal began associating himself with persons involved in the
underground militant movement. The police began to raid his house and detain his
family members for interrogation under torture for information about his where-
abouts. The family did not have this information. Rasal Singhs fate became fatally
tangled with the destiny of a man with a very diverse background. His name was
Kashmir Singh.
Thirty-two-year-old Kashmir Singh, son of Banta Singh and Dhann Kaur, was a
resident of village Khara, Patti Jhandu Ki under Sarhalli Kalan police station in Tarn
Taran sub-division of Amritsar district. He was a farmer married to Sukhwinder Kaur,
with two daughters and a son.
Kashmir Singhs father Banta Singh was an officer of the Punjab police who
retired from the service in January 1992. One of his three brothers was also a police-
man. In 1988, the youngest of the four brothers Balkar Singh, who had just passed
his higher secondary school examination, was abducted by SHO Darshan Singh
Mann of Sarhalli Kalan police station, along with Gurbhej Singh, s/o Joginder Singh,
of the same village. The police probably suspected that they were involved with the
armed underground. Banta Singh met SHO Darshan Singh Mann who promised to
release Balkar Singh unharmed after completing the investigation about his involve-
ments. In spite of these promises, both Balkar Singh and Gurbhej Singh disappeared.
Balkars mother Dhann Kaur was unable to cope with the tragedy and died as a result
of the trauma.
These events had a harrowing impact on Kashmir Singh who decided to leave
home to join the militant movement. The police started persecuting his family mem-
bers, in their usual style, in spite the fact that his father and one brother were them-
selves officers of the Punjab police. But Kashmir Singhs end was very near. On 23
January 1991, Kashmir Singh and two of his associates, Rasal Singh of Thathi Jaimal
Singh village and Lakhwinder Singh of Kaler village, were encircled by a joint force
from Valtoha and Harike police stations, between Lakhna and Kot Data villages, and
shot dead in an exchange of fire that lasted several hours. The next day, the police
carried out the cremations and also permitted the family members to attend, under
pressure from hundreds of people from the surrounding villages who reached Patti
to express sympathy for the slain militants.
The tragedy of Kashmir Singhs family did not end with his death. On 29 April
1992, some unidentified gunmen came to the house and shot dead both Banta Singh
and his son Gulzar Singh. The killers managed to escape and were never arrested, but
the Valtoha police attributed the murders to internecine rivalry among militant groups.
Banta Singhs only surviving son, who prefers to remain anonymous, is still with the
Punjab police.
Kashmir Singhs widow Sukhwinder Kaur and her children now live at her par-
ents house in village Sabhran.
94. Under serial no. 110/326, the list identifies the cremation of Hardev Singh alias
Deva, s/o Dharm Singh, r/o Jor Singh Wala, PS Patti, carried out by the SHO of
Jhabbal police station on 27 January 1991 under FIR no. 12/91. The post-mortem
report is marked as AK-27/1/91. The cause of death is given as police encounter.
The committee has got the following information through its incident report
form no. CCDP/01566. The main informant is Balbir Singh, the father-in-law of the
victims sister.
Eighteen-year-old Hardev Singh, son of Dharam Singh and Pooran Kaur, from
village Jor Singh Wala in Patti sub-division of Amritsar district, had attended school
till class IX. Leaving school in 1988, he started driving a taxi. In his spare time, he
helped his father with the work on his agricultural land.
In the middle of 1990, the police started raiding his house with the intention of
arresting Hardev Singh because they suspected his taxi was being used by militant
groups. Hardev Singh did not present himself before the police as instructed by
them, and instead, went underground. The police began to terrorize his family mem-
bers. Over the next six months, his father, mother, sisters and their husbands were
taken into custody innumerable times and brutally tortured. Their ordeals did not
end even after the police killed Hardev Singh in a fake encounter.
Around 7 a.m. on 26 January 1991, Hardev Singh left the house of the headman of
village Lalu Ghumman on his scooter, planning to attend a public function at village
Shaheed organized by the All Indian Sikh Students Federation. He had gone only 20
meters from the house, where he had slept the night before, when the scooter sud-
denly stopped. Apparently, the village headman had drained the fuel out of his
scooter the night before, as a part of his understanding with the police to nab
Hardev. Hardev was still checking his fuel tank when the policemen who had been
hiding nearby, led by SHO Gurdev Singh of Jhabbal police station, took him into
custody. The news about his arrest spread and was announced by his associates at
the public function organized in village Shaheed. Hardev was killed in an encoun-
ter organized by the Jhabbal police near village Kot Dharam Chand that same night.
His family reached Patti cremation ground the next morning, but did not dare to
approach the pyre while the policemen were still around. They collected the ashes
after the policemen left.
The cycle of police repression against his family members continued for nearly
one-and-a-half years after Hardevs death. They were often detained and tortured to
reveal the weapons and money that Hardev had allegedly hidden with them. The
police did not let them cultivate their agricultural land. In the end, the family decided
to sell all of their property in the village and left for Amritsar city where they pres-
ently live.
95. Under serial no. 112/329, the list identifies the cremation of Mehal Singh, s/o
Gurmej Singh, r/o Talwandi Soba Singh, carried out by SHO Surinder Singh of
Valtoha police station on 7 February 1991 under FIR no. 15/91. The post-mortem
report is marked as MS/91 and the cause of death is given as an encounter.
Ratan Kaur.
Eighteen-year-old Mehal Singh, son of Gurmej Singh and Ratan Kaur, from vil-
lage Talwandi Sobha Singh, post office Ghariala, in Patti sub-division of Amritsar
district, was the only surviving son of his widowed mother. His father Gurmej Singh,
a freedom fighter, was an officer with the Home Guards and had had his elder son
recruited into the same service. Unable to bear the shock of the death of his elder son
after a short illness, when Gurmej Singh also expired, the family responsibilities fell
on Mehal Singh.
Towards the end of 1989, Patti police would irregularly arrest Mehal Singh for
interrogation. They tortured him and implicated him in a case under TADA. He was
acquitted by a court and then he too joined the Home Guards. According to his
mother Ratan Kaur, in the middle of 1990, Mehal Singh became involved with a group
of militants. He quit the Home Guards and started remaining away from home.
In the evening of 6 February 1991, Mehal Singh and one of his associates were
surrounded by the Valtoha police near a gurdwara at village Thatha. Mehal Singh
was killed in an encounter that followed. Ratan Kaur found out about the incident
the next morning and, accompanied by members of the village council, went to
Valtoha police station to claim her sons body. But the police declared the body
unclaimed and carried out the cremation at Patti cremation ground. The family mem-
bers were not even allowed to attend.
96. Under serial no. 113/346, the list identifies the cremation of Jagtar Singh
alias Dhola, s/o Mohan Singh, r/o Rasoolpur, carried out by SHO Surinder
Singh of Valtoha police station on 12 March 1991, under FIR no. 21/91. The post-
mortem report is marked as KS 23/91 and the cause of death is mentioned as
police encounter.
port form no. CCDP/01549. The main informant is the victims brother Balkar Singh.
Twenty-two-year-old Jagtar Singh, s/o Mohan Singh and AccharKaur, was a
young farmer from village Rasoolpur, post office Bhangala under Valtoha police
station in Patti sub-division of Amritsar district. Jagtar was married, but his widow
has since remarried and does not wish to reveal her name.
Jagtar was born in a family of baptized Sikhs with five brothers who had been
closely involved with the political agitation launched by the Akali Dal for a radical
adjustment of the center-state relationship. This agitation led to the June 1984 Army
assault on the Golden Temple. Jagtars family members sympathized with the militant
objective to establish a sovereign Sikh state and had been interacting with its propo-
nents. In September 1988, the police arrested and killed Jagtars elder brother Jagir
Singh, along with Shinda Singh of Sur Singh Wala village, in an encounter staged in
village Poonia and, thereafter, continued to view all other members of the family with
suspicion and distrust. As their house was located on the fringes of the village next
to their farmland, the police suspected that militants often took shelter in their house.
With these suspicions, the police continued to raid their house frequently, arresting
various family members and torturing them in illegal custody. The police had also
tortured Jagtar several times and implicated him in criminal cases under TADA.
Police persecution did not cease even after he came out of jail. The police did
not spare female family members, and instead illegally detained and tortured them
for long periods of time. The family was prohibited from cultivating their land.
The police confiscated all of their household belongings. The farm animals were
let loose and all villagers were warned through a public announcement over a
loudspeaker not to provide any assistance to the family. Under these circumstan-
ces, while most relatives left the village, Jagtar decided to join the ranks of the
militants.
On 11 March 1991, Jagtar was arrested, apparently on a tip off, from a farmhouse
in his village by a police force led by DSP Sukhdev Singh Brar and SHO Surinder
Singh of Valtoha police station. Immediately after his arrest, the police first shot him
in the legs and then tortured him in the same house for several hours. Then they
dragged him away to an isolated spot in the village and killed him in a staged encoun-
ter. The police brought his body back to the village for people to look at it. They
forced his mother to identify his body and then took it away and did not allow any
member of the family to attend the cremation.
97 - 98. Under serial nos. 114/361 and 115/362, the CBIs list identifies the crema-
tions of: [1] Gurinder Singh, s/o Dayal Singh Jat, r/o Balipur and [2] Jagtar Singh,
s/o Sadha Singh Jat, r/ o Balipur on 28 March 1991. The cremations were carried
out by SHO Major Singh of Tarn Tarans Sadar police station under FIR no. 28/91.
The post-mortem reports are marked as MSJ 20/91 and MSJ 21/91. The cause of
death is mentioned as encounter.
The committee has gathered the following informa-
tion in these two cases from its incident report form
nos. CCDP/01440 and 01441. The main informants are
Dayal Singh and Santa Singh, the victims fathers.
Gurinder was the alias of Sawinder Singh, an 18-
year-old boy from village Valipur, post office Palasaur
under Tarn Taran city police station. He was unmarried
and made his living as a tailor. He was a baptized Sikh
and had no connection with any political or militant
groups. The police had never arrested or interrogated
Gurinder before his execution.
around 7 p.m. on 27 March 1991, Sawinder Singh
and his cousin brother Jagtar Singh, s/o Santa Singh, an employee of Punjab State
Electricity Board and a resident of the same village, were cycling down to village
Kherai where some of their relatives lived. On the way, over a canal bridge on Mughal
Chack-Kherai road, the army had set up a checkpost. As Sawinder and his cousin
Jagtar crossed the bridge, a soldier from the checkpost opened fire, killing them
instantly.
The watchmen of the neighboring villages were called to the spot to identify the
bodies. The watchman of Valipur recognized Sawinder Singh and Jagtar Singh and
informed their families about the incident. On 28 March 1991, parents of the boys
went to Tarn Taran hospital where the bodies had been sent for post-mortem.
The police refused to hand over the bodies to the families, but allowed them to
attend the cremations.
On 29 March 1991, Ajit carried a report on the encounter describing Sawinder
Singh and Jagtar Singh as unidentified militants.
The father of Sawinder Singh, Dayal Singh soon suffered a stroke that left him
paralyzed.
Jagtar Singh, a lineman with the Punjab State Electricity Board, was posted at its
sub-office at Manochahal. He was also a baptized Sikh and had no political or mili-
tant associations. He had no criminal record and had never been arrested. Jagtar
Singh was married to Joginder Kaur and had a daughter.
Sawinder Singh
99. Under serial no. 117/385, the list identifies the cremation of Mukhtiar Singh,
s/o Balwant Singh, r/o Deo, carried out by Johar Singh of Tarn Tarans Sadar
police station on 12 April 1991 under FIR no. 35/91. The post-mortem report is
marked as 16/91 and the cause of death is given as police encounter.
port form no. CCDP/01520. The main informant is the victims mother Jagir Kaur.
Twenty-year-old Mukhtiar Singh, son of Balwant Singh and Jagir Kaur, was a
farmer and milk-vendor from village Deoo under Sadar police station of Tarn Taran.
His father had died when he was very young. One of his two brothers was a police-
man and the eldest, Jodh Singh, was a soldier with the Indian army and had joined
the local branch of the Punjab National Bank as a security guard after retirement.
Mukhtiar Singh, gave up school to look after his family farm and also started selling
milk to supplement his income.
In 1987, Tarn Taran police arrested him on the suspicion of maintaining links with
Sikh militants in his area. They interrogated him under torture and then implicated
him in a case under TADA. But the case was so flimsy that the court released him on
bail after a few months. Mukhtiar attended the court cases regularly and was acquit-
ted. He was not arrested again.
On 11 April 1991 night, Mukhtiar Singh was watering his fields when the Sadar
police supported by soldiers of the Indian army cordoned off the area for a combing
operation. The next morning, some villagers discovered Mukhtiars body, along with
the body of another unidentified young Sikh, and informed his family members.
Later, the village council complained to the army and the police authorities that they
had killed an innocent man of the village who was watering his fields. The officers
expressed regret, but took no action. The Tarn Taran police performed the cremation,
but allowed the family members to attend.
The cremation of the unidentified body is recorded in the CBIs third list, Under
serial no. 243/386.
cremations carried out on 14 April 1991 by SHO Gulzar Singh of Tarn Tarans
City police station under FIR no. 56/91. They are of [1] Nirvail Singh, s/o Amrik
Singh, r/o Moose; [2] Ram Singh, s/o Shinda Singh, r/o Behni Gurmukh Singh;
and [3] Kulwant Singh, s/o Mohinder Singh, r/o Moose. The post-mortem reports
are marked as AK 46/91, AK 47/91 and AK 48/91. The cause of death is mentioned
as firearm injuries.
its incident report form nos. CCDP/01513, 01479 and 01390. The main informants are
Amrik Singh and Salwinder Singh, fathers of Nirvail Singh and Ram Singh, respec-
tively, and Bhajan Kaur, mother of Kulwant Singh.
Twenty-two-year-old Nirvail Singh, son of Amrik Singh and Salwinder Kaur, from
village Bhaini Gurmukh Singh, post office Margindpura, under Bhikhiwind police
station in Patti sub-division of Amritsar district, was an unregistered medical
practioner in his village. After completing high school, Nirvail worked for three years
under one Dr. Bhullar in Bhikhiwind and then opened a clinic in his village. He was
married to Sukhchain Kaur and had a daughter Ramanpreet Kaur.
Around November 1990, DSP Paramjit Singh Teja detained Nirvail for interroga-
tion because he suspected him of helping Sikh militants. Nirvail was released after 15
days of illegal custody. But the police remained suspicious and started raiding his
house to arrest him again. To keep him out of the troubles, Nirvails parents decided
to send him to live with a relative in Maharashtra. Nirvail Singh persuaded Ram Dev
Singh of his village to accompany him.
Ram Dev Singh was only 14. His fathers name, mentioned in the CBIs list as
Shinda Singh, is actually Salwinder Singh. Ram Dev was a baptized Sikh.
In 1990, Salwinder Singh made his son Ram Dev drop out of school and run a
grocery store in the village because he feared that at school his son might develop
contacts with people involved in the militant movement. He was particularly con-
cerned about Ram Devs friendship with Nirvail Singh of his own village whose
house had been raided by the police a few times.
Early 1991, Ram Dev went to Mumbai with Nirvail ostensibly to find a job for
himself as a truck driver. Salwinder Singh did not like this, but he could not stop his
son from going. While Ram Dev was away, the police did not come to the house to
make inquiries. So, he assumed that all was well with his son.
On 13 April 1991, Nirvails sister-in-law was getting married in her village Palasaur.
Apparently, Nirvail and Ram Dev came back to their village riding a truck that be-
longed to Kulwant Singh.
Twenty-two-year-old Kulwant Singh, a truck driver, was the only son of his
widowed mother Bhajan Kaur, and was from Moose village under Jhabbal police
station. He was married to Lakhwinder Kaur and had never been arrested or interro-
gated before. It is not clear whether Kulwant was already acquainted with Nirvail and
Ram Dev, or whether they had just taken a ride in his truck because they belonged to
neighboring villages and Kulwant was returning home. In any case, Kulwant Singh
did not go with them to Palasaur. He parked his truck outside Gurdwara Thathi Khara
and went inside to offer his prayers. Nirvail and Ram Dev left for Palasaur on a
scooter they borrowed from a person known to them at the gurdwara.
A police convoy moving on the Tarn Taran Jhabbal road, led by SP (opera-
tions) Khubi Ram, noticed Nirvail and Ram Dev riding a scooter on the road from
Noordi leading to Palasuar. SP Khubi Ram, without issuing any warning, opened fire,
killing both of them on the spot. Nirvail and Ram Dev were carrying their drivers
licenses, but on 14 April 1991, Ajit and Jagbani reported the incident as an encoun-
ter in which three unidentified militants were killed.
On 14 April 1991 early forenoon, Nirvail Singhs family in the village received the
information that the police had killed Nirvail Singh and Ram Dev Singh in an alleged
encounter near village Noordi, and arrested one Kulwant Singh of Moose village
under Jhabbal police station from the gurdwara at village Thathi Khara. He was also
killed later.
The police claimed that Kulwant Singh was killed in the same encounter.
But according to his mother Bhajan Kaur, Kulwant Singh had completed his prayers
and was eating in the langar [community kitchen] of the gurdwara when the Tarn
Taran City police carried out a raid and took Kulwant Singh into custody. The police
falsely claimed that he was killed in the encounter along with Nirvail Singh and
Ram Dev Singh.
A member of the gurdwara management committee at village Thathi Khara, where
Kulwant Singh had left his truck, went to Nirvail Singhs house and informed the
family about the incident. After this, the family members of Nirvail Singh and Ram
Dev Singh together reached the hospital in Tarn Taran where the bodies had sup-
posedly been sent for post-mortem. The police had already taken the bodies away
for cremations and pyres were burning when they reached Tarn Taran cremation
ground.
The Tarn Taran police went to Kulwant Singhs house around 2 p.m. on 14 April
1991 and asked his grandfather Gurmej Singh to come along with them to witness the
cremation. But the pyre had already been lit and Kulwants body had been reduced
to ashes when he reached the cremation ground.
Following the incident, Ram Dev Singhs mother Prakash Kaur reportedly be-
came mentally instable. Ram Singhs grandfather Gian Singh became bed-ridden and
died one year after the incident.
103. Under serial no. 121/392, the list identifies the cremation of Niranjan Singh,
s/o Boor Singh, r/o Behla village, carried out by inspector Harbans Singh of
Tarn Tarans city police station on 18 April 1991 under FIR no. 58/91. The post-
mortem report is marked as PS 50/91 and the cause of death is mentioned as
firearm injuries.
port form no. CCDP/00378. The main informant is Balwinder Kaur, the victims widow.
Fifty-five-year-old Niranjan Singh, son of Boor Singh and Kartar Kaur, was a
small farmer with only three acres of land in village Behla, post office Rataul, in Tarn
Taran sub-division of Amritsar district. He was married to Balwinder Kaur, and had
three sons and a daughter. The eldest daughter Ranjit Kaur is now in her thirties.
His second son Sakattar Singh had turned 22 in June 1992. To support his large
family, Niranjan Singh used to sell milk from three buffaloes he owned. He had no
trouble with the police and had never been suspected of any political or militant
associations.
Around 10 a.m. on 8 June 1992, a large police force led by SSP Ajit Singh Sandhu
and SP (operations) Khubi Ram, surrounded village Behla on the basis of informa-
tion that a group of militants had been operating from an abandoned house of a
former legislator Manjinder Singh. The police and the paramilitary forces surrounded
the village from all sides and decided to storm the suspected house by taking cover
behind a human shield. They built this shield by selecting eight residents of the
village. Niranjan Singh was one of those chosen for the purpose. His sons Sakatter
Singh and Sukhchain Singh were also included. Others chosen to form the human
shield were Kartar Singh, s/o Aasa Singh; Lakhwinder Singh, s/o Channan Singh;
Ajit Singh, s/o Mangal Singh and one Gurmej Singh.
Police officers asked these people to form a frontal phalanx and to walk ahead of
their forces into the marked house. Once inside, the police discovered that the house
had a bunker without a visible approach and was probably connected to an under-
ground exit. They started demolishing the cellars roof, but kept the villagers in front of
them. Soon, the militants holed up in the cellar started firing. The police retaliated from
behind the human shield. The encounter lasted for 32 hours. Six persons
constituting the human shield, including Niranjan Singh and his son Sakatter Singh,
were killed. His second son Sukhchain Singh escaped with bullet injuries on his back.
Three militants holed up inside the bunker were also killed. There names are: [1]
Surjit Singh Behla, s/o Tarlok Singh; [2] Sukhdev Singh Maddi, s/o Santokh Singh,
both of Behla village; and [3] Harbans Singh of Sarhalli Kalan.
The police declared all nine persons killed in this encounter, including the six
who constituted the human shield, as militants and cremated them without permit-
ting the family members to attend the funeral.
The incident provoked angry newspaper reports and editorial comments and the
Punjab government ordered an inquiry to stifle the criticism. There was, however, no
follow up and no action taken against those responsible for the action.
The CBI curiously lists Niranjan Singhs cremation as having occurred over a
year earlier than its actual date. Also, the CBI list of partially identified cremations
duplicates the record of Niranjan Singhs death, although in that entry, it properly
records the actual date of his cremation. The CBI list partially identifies the crema-
tions of Surjit Singh, r/o Behala, Sikkatar Singh; r/o Behala, Niranjan Singh, r/o
Behala; Madan Singh, alias Maddi; and Kartar Singh, r/o Behala Under serial nos.
69/703, 70/704, 71/705, 72/706, and 73/708, respectively, all carried out on 9 June 1992
by SHO Gurbachan Singh of Tarn Taran City police station under the same FIR no.
57/92. The post-mortem reports are marked as PS-23/92, SN-1092, SN-11/92, OPG-11/
92, and OPG-22/92, respectively. The cause of death is given as police encounter.
The CBI list fully identifies the cremations of Ajit Singh, s/o Mangal Singh, r/o Behla,
Lakhwinder Singh, s/o Channan Singh Jat, r/o Warpal, and Harbhans Singh, s/o Mehr
Singh Jat, r/o Sarhalli, Under serial nos. 188/707, 189/709, and 190/710 respectively.
These cremations, mentioned in the identified and partially identified lists of the
CBI do not account for the body of Gurmej Singh, one of the six villagers forced to
become a human shield and killed. The CBIs list of unidentified cremations does not
show any cremation on 9 June 1992.
104 105. Under serial nos. 122/399 and 123/400, the list identifies two crema-
tions carried out by ASI B. Singh of Tarn Tarans Sadar police station on 2 May
1991 under FIR no. 44/91. They are of [1] Balwinder Singh alias Fauji, s/o Jarnail
Singh, r/o Dayal Rajpur; and [2] Samer Singh, s/o Kundan Singh Mazhabi, r/o
Thathian. The post-mortem reports are marked as GSD-3/91 and GSD-4/91. The
cause of death is given to be firearm injuries.
The committee has gathered the following information about Balwinder Singh
through its incident report form no. CCDP/01552. The main informant is Gurbachan
Kaur, the victims mother.
Balwinder Singh, son of Jarnail Singh and Gurbachan Kaur, was a bank employee
from village Dayal Rajpur, post office Sehbazpur, under Patti police station. After
completing his matriculation, Balwinder got a job at the Amrisar branch of the UCO
bank. He was still unmarried when Balwinder had a quarrel with a resident of his
village that became vicious, resulting in the murder of his adversary. Balwinder was
arrested and convicted of murder and sentenced to life imprisonment. In 1989,
Balwinder, when he was released for some months on parole, he decided not
to return to jail and went underground. The police started raiding his house and
arresting his family members to obtain information about Balwinders whereabouts.
While Gurbachan Kaur was narrating the background of her sons arrest in 1991,
her elder daughter and son came out of the house and asked The committee members
to explain the purpose of their inquiries. After hearing about the Supreme Courts
order and the proceedings before the NHRC, Gurbachan Kaurs surviving children
refused to provide any further information. Becoming very emotional, they pointed
out that the family had already suffered enough police atrocities and did not want to
face further troubles by making any complaint. They pointed out that Balwinder was
arrested and killed in a fake encounter, but they did not want to make any complaint
or seek justice because, as they pointed out, justice is impossible and the police
would not spare them for making complaints.
106. Under serial no. 124/409, the list identifies the cremation of Kala Singh, s/o
Jagir Singh, r/o Mogal Chak, carried out by the SHO of Tarn Tarans city police
station on 9 May 1991, under FIR no. 66/91. The post-mortem report is mentioned
as KK 99/91. The cause of death is mentioned as police encounter.
no. CCDP/01442. The main informant is Mohinder Kaur, the victims mother.
Kala Singh alias Amrik was a resident of village Valipur, post office Palasaur
under Tarn Tarans City police station. The youngest among four brothers in a family
with only three acres of agricultural land, Kala Singh made his living as a paathi
(ceremonial reader) of the Sikh scriptures. One of his elder brothers was then in the
Indian army . Kala Singh was 25, unmarried and was acquainted with many who
belonged to underground militant groups.
On 9 May 1991, Kala Singh was in a house at village Rataul along with five others
connected with the armed underground organizations when the paramilitary forces
and the police carried out a joint operation resulting in their deaths. The exchange of
fire was real and lasted several hours. One police officer was also killed in the course
of this operation.
The police cremated all six bodies without informing their family members. Apart
from Kala Singh, those cremated were:
[1] Harjinder Singh Pehalwan, resident of Lopoke;
[2] Mehar Singh Fauji, resident of Lopoke;
[3] Jagtar Singh of Bhorsi Rajputan, under police station Jandiala Guru;
[4] Lakhwinder Singh, resident of Takhu Chack, in Tarn Taran sub-division; and
[5] Lakhwinder Singh, resident of Mughal Chack in Tarn Taran.
107. Under serial no. 125/418, the list identifies the cremation of Joginder
Singh, alias Jinda, s/o Chanchal Singh, r/o Muradpur, carried out by inspector
Jagdish Singh of Tarn Tarans city police station on 25 May 1991 under FIR no.
74/91. The post-mortem report is mentioned as AK 61/91. The cause of death is
mentioned as an encounter.
no. CCDP/01423. The main informant is the victims brother Dalbir Singh.
Joginder Singh, from Muradpur, Bhatha Colony [Jand Pir] in Tarn Taran city, was
18 and the youngest in a very poor family of Mazhabi Sikhs. He was unmarried and
earned his livelihood as a laborer. He was clean-shaven and was not religiously
inclined. He was not a party to any political or militant associations and had no
police record.
On 24 May 1991, Joginder Singh was abducted from his house by three to four
unidentified armed men in civil clothes. His parents, who have since died, did not
know if the abductors were policemen in plain clothes or militants. The next day,
some officers from Tarn Taran City police station came to the house and asked
Joginders elder brother Hardev Singh and other family members to come to village
Mallian where Joginder Singhs body was lying. The officers did not explain what
had happened to him or how he died. Victims of militant violence in Punjab received
compensation, which Joginder Singhs family did not receive. The CBIs list men-
tions the cause of death as an encounter.
108 - 110. Under serial nos. 126/419, 127/420, and 128/421, the list identifies
three cremations on 26 May 1991 carried out by ASI Major Singh of Tarn Tarans
Sadar police station under FIR no. 57/91. They are of: [1] Harhej Singh alias Beja,
s/o Joga Singh, r/o Lal Para; [2] Kabul Singh, s/o Sahib Singh, r/o Miani Kalan; [3]
Balwinder Singh, s/o Surjan Singh Mazhabi, r/o Banwali Pura. The post-mortem
reports are marked as GSD-34/91, GSD-35/91 and GSD-36/91. The cause of death
is stated to be an encounter.
The committee has gathered the following information about Harbhej Singh
through its incident report form no. CCDP/01430. The main informant is Joga Singh,
the father of Harbhej Singh.
According to Joga Singh, the CBI has mistakenly recorded his sons name as
Harbhej Singh. His actual name was Gurbhej Singh, alias Bheja. Gurbhej Singh (20),
was the eldest of five brothers and had become involved in the militant movement
soon after finishing school. He was unmarried and lived in Lalpura, Randhawa Patti
under Tarn Taran Sadar police station, until he decided to leave home to join the
militant underground. Tarn Taran police used to pick up his parents, Joga Singh and
Kashmir Kaur, torturing them in illegal custody for information and coercing them to
produce Gurbhej Singh. But they were not able to provide information because
Gurbhej Singh had cut off all contact with them. Joga Singh was charged under
TADA for harboring terrorists and sent to jail where he remained for nearly three
years. His wife Kashmir Kaur went into hiding to save her young children. The police
confiscated their household goods. Joga Singh was still in jail when the police killed
Gurbhej Singh.
Gurbhej Singh was killed on 26 May 1991 in an incident that the police calls an
encounter. It happened at Gurdwara Patshahi at village Sangha after the police
surrounded it and opened fire. Four persons including Gurbhej Singh and the head
priest of the gurdwara, Baba Kabal Singh, were killed. The names of the other two
killed in the incident are: [1] Balwinder Singh of Bengali Pur, who is mentioned in the
CBIs list Under serial no. 128/421; and [2] and Kashmir Singh of Kotli Nazirpur, who
does not figure in the CBIs lists.
Joga Singh was in jail at that time. His wife was also in hiding and her younger
sons were too young to know the details of the incident. Hence they are not in a
position to claim if Gurbhej and his associates had been captured first and then
shown killed in an encounter or whether they died in a genuine confrontation. On 27
May 1991, Ajit and Jagbani reported the incident, based on the official briefing, as
an encounter.
The family never saw the body and police carried out the cremation without even
informing Joga Singh in jail.
The Punjab police also killed Gurbhej Singhs maternal uncle Bara Singh, s/o
Channan Singh of Chambal village near Sheron in Tarn Taran sub-division, in a
separate incident.
111. Under serial no. 129/426, the list identifies the cremation of Shinda, s/o Kabal
Singh, r/o Jodhpur, carried out by SI Ram Nath of Tarn Tarans City police station
on 30 May 1991, under FIR no. 78/91. The post-mortem report is marked as HKD-
13/91 and the cause of death is given as an encounter.
its incident report form no. CCDP/01629. The main informant is the victims uncle
Shamsher Singh.
The name of the person identified in the CBIs list as Shinda was Gurinder Singh
alias Ginda, son of Kabal Singh and Swaran Kaur. He was a resident of Jodhpur
village, under Tarn Tarans Sadar police station, in Amritsar district. After complet-
ing his matriculation, Gurinder joined a finance company as a clerk, but later quit the
job to settle down as a farmer. He married Rajwinder Kaur, but they did not have
children.
Gurinders father Kabal Singh had retired from the Indian army to join the Punjab
and Sindh Bank as a gunman. From early 1987, the local police began to raid Kabal
Singhs house to apprehend his brother Avtar Singh who had apparently joined the
militants. Kabal Singh and his sons had nothing to do with him, but the police
detained them often for interrogation. Eventually in 1990, Avtar Singh was arrested
and killed in an encounter staged in Patiala district, but the police suspicion against
the family continued.
Sometime later, a group of militants robbed the bank at which Kabal Singh worked
as a security officer. The authorities suspected Kabal Singhs involvement and,
eventually, following his brutal torture under interrogation, implicated him in a crimi-
nal case.
On 30 May 1991, around 11 a.m. a large group of police officials from Tarn Taran
surrounded Kabal Singhs house. Apparently, three militants led by Nishan Singh of
Bhattal Bhai Ke village, had taken shelter in his house and the police had been tipped
off by local informers. Kabal Singh himself was in jail, but his son Gurinder was
home. On seeing the police force, Nishan Singh jumped over the boundary wall of
the house into the agricultural fields behind to escape. The police fired at Nishan
Singh and chased him into the fields. The firing continued for a long time. Mean-
while, two other companions of Nishan Singh and Gurinder Singh were taken into
custody and forced to move ahead of the police in the direction Nishan had gone.
The police operation continued till late in the evening and the family members could
not find out exactly what happened thereafter.
The next day, several Punjabi newspapers published a report about the
encounter in which Nishan Singh and Gurinder Singh had supposedly been killed.
The cremations were carried out by the police.
According to Shamsher Singh, Gurinders uncle, the police also killed the other
two boys who had been apprehended along with Gurinder. One of them was a resi-
dent of village Naraingarh under Jandiala Guru police station and the other was from
Roore Asal village. However, their cremations are not included in the CBIs lists and
it is not clear what happened to their bodies. The CBIs list of partially indentified
cremations mentions the cremation of Nishant Singh, r/o Bhathal Baike Under serial
no. 37/427. Nishan Singhs name has been misspelled. He was cremated on 30 May
1991 by SI/SHO Ram Nath of Tarn Taran Citys police under the same FIR no. 78/91.
The post-mortem report number is HKD-14/91 and the cause of death is given as a
police encounter.
Shamsher Singh himself was arrested two days later and, following brutal torture
under interrogation that lasted two months, implicated in several criminal cases.
Shamsher Singh remained in jail for three-and-a-half years and then was acquitted in
all of the cases by the court.
112. Under serial no. 130/452, the list identifies the cremation of Amarjit Singh
alias Amba, s/o Kashmir Singh, r/o Ransinghwala, carried out by SHO Surinder
Singh of Valtoha police station on 9 July 1991under FIR no. 48/91. The post-mortem
report is marked as SLG-62/91. The cause of death is given as an encounter.
port form no. CCDP/01535. The main informant is Kashmir Singh, the victims father.
Thirty-six-year-old Amarjit Singh, s/o Kashmir Singh and Charan Kaur, was a
farmer, resident of village Ram Singh Wala, post office Bhangala under Valtoha po-
lice station in Patti sub-division of Amritsar district. Eldest of the five brothers,
Amarjit helped his father in providing for the family. Starting 1989, however, he
began to encounter problems with the police who suspected him of having links with
Sikh militants. Fearing custodial torture, Amarjit left home and joined the militant
underground.
The police atrocities against other family members became so intense that all of
them left their village and went into hiding. The police did not give the family respite
until they had captured and killed Amarjit.
A group of officers led by DSP Sukhdev Singh Brar of Valtoha police captured
Amarjit on 6 July 1991 from the farmhouse of Khushal Singh in village Saidon.
Amarjit had been friendly with Khushal Singhs sons, Darshan Singh and Udham
Singh. Amarjit was taken to Valtoha police station where he remained in illegal cus-
tody for the next two days. Amarjit was killed in an encounter that the police
staged near village Bahadar Nagar in the night between the July 8 and 9. The en-
counter was reported in several Punjabi newspapers.
The police carried out the cremations. Close family members were themselves in
hiding from the police and could not attend the cremation. The police prevented
distant relatives, who came to the cremation ground, from attending the funeral.
113. Under serial no. 131/464, the list identifies the cremation of Baghal Singh, s/
o Labh Singh, r/o Sabhra, carried out by inspector M. Singh of Tarn Tarans Sadar
police station on 16 July 1991, under FIR no. 95/91. The post-mortem report is
marked as SM-25/91. The cause of death is mentioned to be firearm injuries.
Labh Singh.
The correct name of the person identified by the CBIs list as Baghal Singh was
Gehla Singh alias Baghel Singh. Son of Labh Singh and Jagdeep Kaur, 23-year-old
Gehla Singh was a motor mechanic from Sabhra village, Patti Gadai Ki, in Patti sub-
division of Amritsar district. Gehla Singhs workshop was next to the bus stand in
village Sabhra. He was unmarried.
In 1990, Gehla Singh came in contact with persons involved with the militant
movement and began associating with their activities. The police came to know
about his links and started raiding his house to arrest him. But Gehla Singh dodged
the police and began to stay away from home.
Around 3 p.m. on 15 July 1991, Gehla Singh was on the highway close to village
Jaura and signalled a truck to stop for a lift. Unfortunately for him, a group of police-
men were travelling in the truck. They recognized Gehla Singh and immediately shot
him dead.
The family members found out about the incident on July 16 but did not dare to
approach the police to claim the body. The police carried out the cremation.
tions carried out by the SHO of Harike police station on 25 July 1991 under FIR
no. 37/91. They are of [1] Sukhdev Singh, s/o Buta Singh Sansi, r/o Booh; and
[2] Swaran Singh, s/o Sadhu Singh Mazbi, r/o Chamba. The post-mortem reports
are marked as SS-4/91 and SS-5/91. The cause of death is described as an
encounter.
its incident report form no. CCDP/01585 and 01620. The main informants are Sukhdevs
mother Mohinder Kaur and Sarwans father Sadhu Singh.
Sarwan Singh, wrongly described in the list as Swaran Singh, was the twenty-
two-year-old son of Sadhu Singh and Surjit Kaur, resident of Chamba Khurd, under
Sarhalli Kalan police station, in Tarn Taran sub-division of Amritsar district. He was
a Mazhabi Sikh with no links with the political or militant movement in Punjab.
His father Sadhu Singh had retired as a constable of the Punjab police. Sarwan
was unmarried and earned his livelihood by selling poultry around his village on
his bicycle.
Twenty-eight-year-old Sukhdev Singh, son of Mohinder Kaur and Bawa Singh
Fauji, wrongly described in the CBIs list as Boota Singh Sansi, was an operator of
the combined harvesting machine. He was from village Booh, post office Harike, in
Tarn Taran sub-division of Amritsar district. Sukhdev belonged to the Sansi group
of Sikhs, recognized by the Indian Constitution as a scheduled caste and an eco-
nomically backward community. He was married to Jasvir Kaur had a daughter and a
son who are now 13 and 11. According to Sukhdevs mother, he had no political or
militant association and had never been arrested or interrogated. It is not clear whether
he was acquainted with Sarwan Singh or not.
One morning in late July 1991, Sarwan Singh went out on his vending business
but did not return home. His parents began to get nervous when he did not return
after some days and tried to inquire from various relatives. They failed to obtain any
information.
In April 2002, members of the CCDP approached Sadhu Singh at his village for
information about the circumstances in which Sarwan Singh got cremated by the
police, as recorded in the CBIs list, on 16 July 2002. Sadhu Singh and his family
members were initially taken aback and spent a fair amount of time ascertaining our
source of information about Sarwan Singhs cremation. They had not heard of the
CBIs investigation ordered by the Supreme Court and did not know anything about
the proceedings before the NHRC. After being informed about these developments,
Sadhu Singh and his family members broke into tears. Sadhu Singhs wife refused to
believe that her son had been killed and cremated. According to Sadhu Singh, he had
consulted several astrologers and soothsayers in Amritsar about the fate of his son
after he had disappeared in July 1991 and had been reassured that he was alive. He
had paid Rs. 300 to a famous astrologer to reconfirm these predictions.
In the end, Sadhu was willing to believe that the police may have killed and
cremated Sarwan Singh, but was unable to provide any information. His wife, Surjit
Kaur, wanted to know why the police had not informed her.
According to Sadhu Singh and his wife, Sarwan Singh and other members of the
family had no association with the political or the militant movement in Punjab.
According to Sukhdevs mother, her son, accompanied by his wife Jasvir Kaur,
was visiting his aunt Harbans Kaur, wife of Mohinder Singh, at village Kirtowal
when he was arrested by a group of police officers led by the SHO of Harike police
station. His arrest was witnessed by Harbans Kaur and other village residents. The
family was unable to do much to save him from the illegal arrest.
On 26 September 1991, Punjabi newspapers published a report about his killing in
an encounter, along with Sarwan Singh. The family was not informed about the
cremation and could not even collect the ashes.
116. Under serial no. 135/492, the list identifies the cremation of Santok Singh, s/
o Surjit Singh, r/o Jaghal, carried out by SHO Gurnam Singh of Harike police
station on 7 August 1991, under FIR no. 38/91. The post-mortem report is marked
as OPG 10/91. The cause of death is given as a police encounter.
its incident report form no. CCDP/01699. The main informant is Malkeet Singh Pradhan,
the victims brother-in-law.
Twenty-five-year-old Santokh Singh, son of Surjit Singh and Swaran Kaur, resi-
dent of village Jaspal, under Khalchian police station, in Baba Bakala sub-division of
Amritsar district, was an employee of the Punjab State Electricity Board and was
posted at the sub-divisional office at Butari. Santokh did not have a criminal back-
ground, but in February 1989 his elder brother Gurbhej Singh had been arrested and
killed in a fake encounter near Adampur in Jalandhar district. Santokh was married
and had a son Gagandeep who is now 12. His widow has since gone back to her
parents and has remarried.
Around 6 p.m. on 31 July 1991, Santokh returned home from work. Two hours
later, a large group of policemen led by SHO Major Singh of Tarn Tarans Sadar police
station raided his house and took him into custody. All the family members were
home and they began crying as the officers took him away. SHO Major Singh told
them not to worry and asked them to come to the police station the next morning. He
said that the police needed Santokh for interrogation and would release him after a
few days.
The next morning, Swaran Kaur, accompanied by members of the village council
and some of her relatives, went to the Sadar police station and met the SHO. The
SHO repeated his promise to release Santokh after his interrogation some days later.
Over the next days, she also met SP (operations) Khubi Ram and SSP Narinder Pal
Singh to request them to intervene to save her sons life. They listened to her pleas
but remained noncommittal.
SHO Major Singh soon refused to see Swaran Kaur, who continued her efforts to
trace her son without any success. Swaran Kaur realized that her son could not be
alive. But she did not know exactly what happened to him.
In 1995, Swaran Kaur filed a petition before the High Court of Punjab and Haryana
to ask for an independent inquiry. The High Court ordered the CBI to investigate her
complaint. The investigation and its findings resulted in the institution of a case
against SHO Major Singh. The trial is still on.
117. Under serial no. 136/495, the list identifies the cremation of Bikram Singh,
alias Chatar Singh, s/o Sewa Singh Jat, r/o Deo carried out by Johar Singh of Tarn
Tarans Sadar police station on 19 August 1991, under FIR no. 107/91. The post-
mortem report is numbered SK 1/91. The cause of death is mentioned as firearm
injuries.
form no. CCDP/01477. The main informant is the victims brother Davinder Singh.
Bikkar Singh alias Bikram (18), became an automobile mechanic after completing
his matriculation. He set up his own workshop near the bus stand of village Baath. In
1990, the Khanna police arrested him on the charge of aiding militants and sent him
to the high security prison in Nabha. Some time later, Bikkar Singh was released on
bail and he attended the court hearings on two occasions.
Early August 1991, SHO Major Singh of Tarn Taran police station raided Sewa
Singhs house with the intention of arresting Bikkar Singh. Since Bikkar Singh was
not home, the police took his elder brother Davinder Singh into custody. The police
released Davinder Singh after four days on the understanding that his father would
produce Bikkar Singh at the police station.
It appears that Bikkar Singh was arrested from Tarn Taran city soon after. But
SHO Major Singh denied this and the circumstances of his arrest and interrogation
could not be ascertained.
On 19 August 1991, Punjabi newspapers reported the killing of Bikram Singh,
Tarsem Singh Laadi and Baldev Singh in an encounter that had allegedly taken place
at village Deoo itself. The police had the bodies identified by their relatives. Sewa
Singh identified Bikkar Singh. The police, however, did not return the bodies to their
relatives and performed the cremations themselves.
It is not clear why the names of other two killed in the same incident are recorded
in the CBIs list of partially identified bodies. They are [1] Tarsem Singh, alias Ladhi
Under serial no. 43/496. He was a resident of village Thatha under Sarhalli police
station. But the list says he was a resident of Khalra. His fathers name is Nirmal
Singh, which is not given in the list. [2] The other persons name is Baldev Singh
from village Meharbanpura under Jandiala Guru police station. His name is given
Under serial no. 44/497. They were both cremated by Johar Singh under the same
FIR no. 107/91. Their post-mortem reports are marked as SK-2/91 and SK-3/91. The
cause of death is firearm injuries.
118. Under serial no. 137/521, the list identifies the cremation of Beera Singh, s/
o Shankar Sansi, r/o Rasoolpura, carried out by SHO Ram Nath of Patti police
station on 18 September 1991, under FIR no. 134/91. The post-mortem report is
reported as not available. The cause of death is given as police encounter.
form no. CCDP/01533. The main informant is the victims widow Kalash Kaur.
Forty-year-old Beera Singh, son of Shankar Singh and Harbans Kaur, was a Sansi
Sikh resident of village Rasoolpur, post office Bhangala, under Valtoha police sta-
tion, in Patti sub-division of Amritsar district. He earned his livelihood as a construc-
tion laborer and was married to Kalash Kaur and had four sons and a daughter. The
eldest son, Mewa Singh, is now in his mid-twenties and the youngest daughter is a
teenager.
The police had arrested and interrogated Beera Singh several times in the past
because of their suspicion that he engaged in theft and other petty crime. In 1989,
Beera Singh decided to be baptized as a Sikh. He belonged to the Sansi community,
one of the Sikh scheduled castes recognized by the Scheduled Castes and Sched-
uled Tribes Orders [Amendment] Act, 1976. The police became suspicious of his
initiation as an orthodox Sikh, and began to arrest and torture him again to find out
if he had cultivated any links with the militants. Fed up of these frequent arrests and
custodial persecution, Beera Singh left his home. The police then began to torment
his family members, picking them up and torturing them frequently. In July 1991, SHO
Surinder Singh of Valtoha police station arrested Beera Singhs brother Shinder
Singh and disappeared him.
Beera Singh was arrested on 17 September 1991 from village Toot by DSP Sukhdev
Singh Brar and SHO Ram Nath of Patti police station. Although the village falls
under the jurisdiction of Valtoha police, Beera Singh was taken to Patti police station
and interrogated under torture. The same day, the police eliminated him in an en-
counter. When the family members reached the cremation ground to attend to his
last rites, the police beat them up and dispersed them.
119. Under serial no. 139/538, the list identifies the cremation of Banta Singh, s/o
Sucha Singh Jat, r/o Kalsian carried out by SHO Surinder Singh of Valtoha police
station on 3 October 1991, under FIR no. 63/91. The post-mortem report is marked
as SLG 99/91 and the cause of death is given as a police encounter.
The committee has got the following information about this case through its
Gurnam Singh Kavishar.
Forty-year-old Banta Singh, son of Sucha Singh and Niranjan Kaur, was a farmer
from Kalsian Kalan village, Patti Jethu Ki, under Bhikhiwind police station, in Patti
sub-division of Amitsar district. The eldest of three brothers, Banta Singh was
unmarried.
A baptized Sikh, Banta Singh had been arrested and interrogated often under
severe torture on the basis of the police suspicion that he maintained links with the
militants. According to his brother Gurnam, Banta Singh could not endure these
excesses and, in 1989, left home to join the ranks of the militants.
Banta Singh was killed in a supposed encounter with the police that was reported
in newspapers on 3 October 1991. Gurnam Singh and other family members were
unable to ascertain whether the report of the encounter was genuine or fake.
120 122. Under serial nos. 140/562, 141/563 and 142/564, the list identifies
three cremations on 24 October 1991, carried out by the SHO of Sirhali police
station under FIR no. 113/91. They are of: [1] Mangal Singh alias Manga, s/o Jagga
Singh, r/o Fatehgarh Churian; [2] Charan Singh alias Chana, s/o Kartar Singh, r/
o Patti; and [3] Jaswinder Singh, s/o Charan Singh, r/o Johal Raju Singh. The post-
mortem reports are said to be not available. The cause of death is said to be
police encounter.
The committee has gathered the following information on Jaswinder Singhs
case through its incident report form no. CCDP/01516. The main informant is
Gurcharan Singh, the real name of the victims father which has been abbreviated
into Charan Singh in the CBIs list.
Twenty-year-old Jaswinder Singh, son of Gurcharan Singh and Narinder Kaur,
was a milk-vendor, resident of village Johal Raju Singh, Vaare Wale, under Tarn Tarans
city police station. He was married to Amarjit Kaur and had a son Jarnail Singh.
Jaswinder was a baptized Sikh and used to attend religious and political func-
tions organized by various Sikh groups in his area. The police started raiding his
house from the mid 1989. Jaswinder feared torture and went underground. The police
then started tormenting his family, especially targeting the women, including his
wife, for custodial torture. The police wanted them to produce Jaswinder for interro-
gation, but they were unable to do so because they had no knowledge of his where-
abouts.
On 26 October 1991, several Punjabi newspapers published a story about an
encounter near village Dargapur Thathian in which Jaswinder Singh Jajj, along with
two of his associates, was reported killed. The family, however, did not receive an
official confirmation and the police continued to raid their house and illegally detain
the family members for interrogation and torture.
Again on 18 November 1992, the newspapers in Punjab reported the killing of
Jaswinder Sing Jajj in an encounter with the police near village Khunde Halal in
Muktsar sub-division of Faridkot district. The newspaper reports mentioned that
three other associates of Jaswinder were also killed in the same encounter. Their
names listed were Nishan Singh Khaparkheri, Satta of Varpal village and another
person from Gharka Chamba village under Chola Sahib police station.
The family members do not know which report to believe. They neither saw
Jaswinders body nor attended the cremation.
123. Under serial no. 143/568, the list identifies the cremation of Sahib Singh, s/o
Mohinder Singh, r/o Dasuwal, carried out by SHO Surinder Singh of Valtoha
police station on 4 November 1991, under FIR no. 76/91. The post-mortem report is
marked as SLG 107/91. The cause of death is given as police encounter.
The committee has got the following information about this case through its
incident report form no. CCDP/01523. The main informant is the victims father
Mohinder Singh.
Twenty-two-year-old Sahib Singh, son of Mohinder Singh and Piar Kaur, was a
Mazhabi Sikh resident of Dasuwal, post office Maneke Dasuwal, under Valtoha
police station, in Patti sub-division of Amritsar district. The eldest of four brothers,
Sahib Singh was illiterate. He was married to Ranjit Kaur with two daughters, and
supported his family by working as a farm laborer. He had no political connections
and had never been arrested. Sahib Singhs father Mohinder Singh was a village
watchman.
Around 8 p.m. on 3 November 1991, Sahib Singh went out to the fields to defacate.
That evening, the Valtoha police, led by SHO Surinder Singh, were conducting a
house-to-house search of the village. A short while later, some villagers came to
inform the family that the police had arrested and taken Sahib Singh away. The family
members informed the village headman and other eminent persons and went to
Valtoha police station next morning to find out why the police had arrested Sahib
Singh. They could not meet the SHO, but were told that he had gone with the body
of a militant killed in an encounter last night for its post-mortem. By the time
Mohinder Singh and other members of his family reached Patti, the police had al-
ready conducted the cremation.
Mohinder Singh was unable to take any action. He collected his sons ashes the
next day with help from a cremation ground attendant.
124. Under serial no. 145/576, the list identifies the cremation of Swaran Singh, s/
o Gian Singh, r/o Ratool, carried out by SHO Gulzar Chand of Tarn Tarans city
police station on 21 November 1991. The post-mortem report is marked as BSK 46/
91. The cause of death is given as police encounter.
port form no. CCDP/01519. The main informant is the victims father Gian Singh.
Thirty-year-old Swaran Singh, son of Gian Singh and Bhajan Kaur, was a carpen-
ter resident of village Rataul, Jaichandian Di Patti under Tarn Tarans City police
station. The eldest of four brothers, he was married to Swaran Kaur and had two
sons and a daughter who are now all teenagers. He was a baptized Sikh and had
no links with any political, militant or religious organization. Police had never ar-
rested or interrogated him. One of his maternal uncles, Surjit Singh, was a DSP with
the Delhi Police.
One day in November 1991, Swaran Singh went to work but did not return home.
The family members became worried and looked for him at various police stations,
and talked to several officers, but to no avail. Swaran Singhs uncle from the Delhi
police came down to make inquiries and met several senior police officials. He was
also unable to trace Swaran Singh or find any information. Some weeks later, the
family members heard rumors that Tarn Taran police had abducted and killed Swaran
Singh. However, in the absence of an acknowledgement or even of an informal
admission by the police, the family is not in a position to say anything about what
happened to him. The family suspects that a news report published by Ajit on 23
November 1991 about the killing of an unidentified militant in an encounter with the
police near Kotli village of Tarn Taran police district may actually be referring to
Swaran Singh.
125. Under serial no. 146/579, the list identifies the cremation of Natha Singh, s/
o Dalip Singh Jat, r/o Talwandi Subha Singh carried out by SHO Puran Singh on
25 November 1991. The post-mortem report is numbered SS 50/91. The case be-
longed to Harike police station under FIR no. 68/91 and the cause of death is
mentioned as encounter.
no. CCDP/01366. The main informant is Fateh Singh, the victims brother.
Natha Singh, from Talwandi Subha Singh, post office Ghariala, under Patti police
station, in Patti sub-division of Amritsar district, was a 21-year-old unmarried farmer.
His father Dalip Singh had passed away in 1988. Natha Singh began to live in the
farmhouse to look after his fields, but the police suspected him of sheltering militants
and giving them food. He was arrested on such charges soon after his fathers death
and kept in Amritsar jail for one-and-a-half years. When the police continued to
harass him even after his release on bail, Natha Singh became a fugitive. The police
then started torturing his relatives, particularly his brothers. They were regularly
tortured and coerced to get Natha Singh arrested.
On 24 November 1991, around 8 a.m. Natha Singh and his friend Satnam Singh, s/
o Baba Karnail Singh of Jand village, were cycling down to Pangota village where
Natha Singhs cousin-sister Bhajan Kaur lived. As they entered the village, they
found themselves surrounded by a group of policemen from Harike police station in
three vehicles, led by SHO Pooran Singh. The police took both boys into custody
and drove away in police vehicles. Bhajan Kaurs husband Pashaura Singh sent a
message about the arrest to Talwandi Subha Singh. That same night, however, both
Natha Singh and Satnam Singh were declared dead in an encounter that was staged
near village Sargana. Newspaper reports carried Natha Singhs name, but Satnam
Singh was declared to be an unidentified militant. The police cremated the bodies at
Patti on 25 November 1991 in the presence of family members. But Satnam Singhs
cremation is placed on the list of partially identified cremations Under serial no. 56/
580. His post-mortem report is marked as SS-51/91.
126. The CBI list, Under serial no. 147/582, identifies the cremation of
Nirbail Singh, s/o Dilip Singh, r/o Allaudinpur carried out by SHO Major Singh of
Sirhali police station on 28 November, 1991, under FIR no. 124/91. The
post-mortem report is numbered PS 83/91. The cause of death is mentioned as
police encounter.
The committee has gathered the following information about the case through
Dalip Singh.
Nirvail Singh, from Aladinpur under Tarn Tarans Sadar police station, was a 35-
year-old farmer, married to Amrik Kaur and had two sons, who are now 17 and 16. For
some years, he had been living at his wifes ancestral village Dargapur under police
station Sarhalli because his father-in-law had expired, leaving behind his young son.
He needed help looking after his agricultural land. Nirvail Singh also owned two
trucks and had a substantial income. He had no political or militant connections and
had never been arrested.
Around 5 a.m. on 27 November 1991, Nirvail Singh went out to his fields to relieve
himself. He was not aware that the police and paramilitary forces had surrounded the
village for a combing operation and a house-to-house search was in progress. The
security forces probably mistook him for a militant and without giving him any
warning fired at Nirvail Singh, killing him on the spot. The police took his body and
his family did not learn what happened to him until several hours later.
Nirvail Singhs father Dilip Singh found about his sons murder late that evening
and went and met SHO Major Singh of Sarhalli police station early morning on
November 28. SHO Major Singh expressed remorse at the killing of Nirvail Singh. He
invited the family members to attend the cremation. The police brought the body and
arranged the pyre, and the family members were able to conduct the funeral accord-
ing to the religious custom.
However, on 28 November 1991, daily Ajit published a report describing Nirvail
Singh as a militant killed in an encounter with the police near village Dargapur.
127. Under serial no. 148/585, the list identifies the cremation of ex. constable
Ranjit Singh No. 3293/ TT, s/o Moora Singh, r/o Dodey, carried out by SHO
Ram Nath of Patti police station on 1 December 1991, under FIR no. 168/91.
The post-mortem report is marked SLG 112/91. The cause of death is said to be
police encounter.
port form no. CCDP/01538. The main informant is the victims father Guran Singh
Fauji, the actual name of Ranjits father that has been mistakenly recorded in the
CBIs list as Moora Singh.
Twenty-four-year-old Ranjit Singh, son of Guran Singh and Dalip Kaur, was a
Mazhabi Sikh resident of village Dode [Sodhian], under Khalra police station, in
Patti sub-division of Amritsar district. Ranjit was the youngest of four brothers and
after completing his secondary education, like his elder brother, he joined the Punjab
police. He was unmarried and had no political connections.
In early 1990, various militant groups in Punjab began to target family members of
policemen for murderous attacks and warned all Punjab police officials to either
leave the service or face consequences. Worried about putting his family in trouble,
Ranjit stopped reporting for dutry in November 1991.
One day in the last week of November 1991, Ranjit along with his friend Lakhbir
Singh Fauji, s/o Tara Singh of the same village Dode, and his brother Nirvail Singh
were on their way to Patti. All three were riding on the same scooter. They were
stopped at a police checkpost that had been set up near the main crossing in Patti
town, and separately questioned about their identities and addresses. Nirvail Singh
was allowed to leave. The police, however, took Ranjit and Lakhbir into custody.
Returning to his village, Nirvail Singh told his parents and other village elders
about the detention of his brother and friend. The family members looked for them in
several police stations, and also met the DSP Patti and the DSP Bhikhiwind to find
out what had happened to Ranjit Singh. But they were not able to obtain any infor-
mation and remained traumatized by the lack of information about Ranjit Singhs fate.
When the CCDP members told Ranjits father about his name in the CBIs list of
identified cremations, he was shocked. He had asked the DSP of Patti specifically
about Ranjits abduction and his whereabouts and the DSP had categorically denied
any knowledge.
The CBIs third list, Under serial no. 382/584, shows another cremation carried
out by SHO Ram Nath of Patti police station on 1 December 1991, under FIR no. 168/
91. The post-mortem report is marked as SLG-113/91 and the cause of death is given
as police encounter. Clearly, this was the cremation of Lakhbir Singh Fauji, s/o
Tara Singh, r/o of Dode [Sodhian], which was recorded as an unidentified body. As
Nirvail Singh testifies, his brother Ranjit and Lakhbir had been detained after the
officers at Patti checkpost verified their names and residential addresses.
128 131. Under serial nos. 149/586, 150/587, 151/588 and 152/589, the
list identifies four cremations carried out by SHO Gurbachan Singh of Tarn Tarans
City police station on 3 December 1991 under FIR no. 160/91. The cremations are
of: [1] Hira Singh, s/o Dara Singh, r/o Tur; [2] Harjinder Singh, s/o Mohinder
Singh, r/o Kadgill; [3] Jagir Singh, s/o Karnail Singh Kumhar, r/o Kote
Mitt Singh, Chatiwind,(?) Amritsar; and [4] Tarsem Singh, s/o Dalbir Singh Jat,
r/o Bandhala. The post-mortem reports are marked as KK/SSM 31/91, KK/SSM
32/91, KK/SSM 33/91 and KK/SSM 34/91. The cause of death is given to be
firearm injuries.
The committee has got the following information about these cases from its
incident report form no. CCDP/01080. The main informant is Jasbir Singhs wife
Harvinder Kaur. The CBI list has mistakenly recorded Jasbir Singh as Jagir Singh,
and his father Ajaib Singh as Karnail Singh.
Twenty-eight-year-old Jasbir Singh, son of Ajaib Singh and Gurbachan Kaur,
was a resident of House No. 268, Kot Mit Singh, in Sultanwind, Bhai Manj Road,
under Do-Burji police station, in Amritsar district. He was married to Harvinder Kaur
and had three children, two daughters and a son.
Jasbir Singhs family originally came from village Bathe Bhaini in Patti sub-divi-
sion of Amritsar district. Jasbir Singh was the youngest of two brothers and two
sisters. Their father Ajaib Singh, who had been dismissed from the Punjab police
because of being an alcoholic, had died when Jasbir was around three-years-old.
Gurbachan Kaur took the children back to her paternal village of Kot Mit Singh,
purchased two acres of land, and established a dairy farm. The family prospered.
After class VI, Jasbir abandoned his studies. Two to three years later, he joined
the Territorial Army and was posted with the 112 Battalion in Jalandhar. His posting
only required him to be on active duty for two months a year; he spent the rest of the
time looking after his household. Soon after the army
attack on the Golden Temple, Jasbir became an
Amritdhari Sikh. He also participated in religious and
political functions held in Amritsar, although he did not
hold office or serve as an activist of any political party.
Jasbir used to visit the Golden Temple often for these
functions and prayer. In March 1986, when the police
entered the temple again, Jasbir was present. They
arrested him under sections 107 and 151 of the Indian
Penal Code (IPC) and sent him to the Amritsar jail. Af-
ter 13 to 14 days, Jasbir was released on bail and re-
turned to his normal routine. He was discharged in the
late 1980s after eight years of service.
Jasbir helped his brother Harbhajan Singh cultivate their land. To supplement
his income, he also worked on other peoples land, as a result of which he used to be
away in neighboring villages for days at a time.
In the last week of November 1991, Jasbir Singh left to work on someones land
with his tractor. His family got worried when Jasbir Singh did not return home after
a number of days. His family apprehended that the police had detained Jasbir Singh
since that was the climate of police terror during that time. However, since they had
no idea where he could be, and because his older brother was bedridden because of
an eye operation, his family could not search for Jasbir.
In the first or second week of December 1991, an advertisement appeared in the
Punjabi daily Ajit appealing villagers to participate in a bhog (last rites) for four
youths killed by the police at village Kotli. The advertisement carried a photograph
of Jasbir Singh, along with the three others killed by the police. However, his name
was falsely recorded as Gurnidhan Singh Fauji, resident of village Kot Mit Singh.
On the basis of this advertisement, Jasbir Singhs mother visited village Kotli,
but could not gather much information. She learnt that on 3 December 1991, early in
the morning, Tarn Taran police surrounded village Kotli. They made all male mem-
bers of the village assemble in an open ground. The villagers heard gun shots from
the other side of the village. The villagers did not talk about the incident openly,
given their fear of the police.
The next day or so, Gurbachan Kaur went to Tarn Taras City police station and
enquired about Jasbir Singh. The SHO did not give her any information and advised
her to see SSP of Tarn Taran, Ajit S. Sandhu. When she met him, he did not give her
any information either. Eventually, the family stopped pursuing his case. Harvinder
Kaur submitted a claim to the NHRC when it collected cases from relatives of those
who had disappeared in Punjab.
The other three people identified in the advertisement, with their photographs,
were: Heera Singh Waryam, r/o Kotli; Harjinder Singh; r/o Kadd Gill; and Tarsem
Singh Laadi, r/o Bandala.
tions on 28 December 1991, carried out by SHO Ram Nath of Patti police station
under FIR no. 171/91. They are of: [1] Mukhtiar Singh alias Mukha, s/o
Hari Singh, r/o Fatehgarh Sabrah; and [2] Buta Singh, s/o Harnam Singh, r/o
Jasbir Singh
Bandhala. The post-mortem reports are said to be not available. The cause of death is
police encounter.
The committee has got the following information about Mukhtiar Singhs case
father Hari Singh.
Thirty-year-old Mukhtiar Singh, s/o Hari Singh and Kesar Kaur, was a farmer
from village Aale Wala, under Mallan Wala police station, in Zira sub-division of
Ferozepur district. He was unmarried and used to work with his four brothers on their
common agricultural land.
In early 1991, Mukhtiar Singh left home for some months to become a truck driver.
It was during this period that he came in contact with Sikh militants. After some
months, he returned to his village and resumed his normal life.
Around 10 a.m. on 27 December 1991, Mukhtiar Singh and one of his friends
Boota Singh, s/o Harnam Singh from Bundala village under Mallan Wala police
station in Zira sub-division of Ferozepur district, were sitting in a farm house just
outside their village when the Patti police, led by SHO Ram Nath, surrounded the
house and killed them in a forced encounter. It was a foggy day with very poor
visibility and the people, who were not allowed to go near the house for many hours,
could not figure out how the police had actually killed them. Mukhtiars family came
to know about the killings the same day, but dared not go to the site of the incident
because of the police presence.
The police allowed them to attend Mukhtiars cremation.
134. Under serial no. 155/606, the list identifies the cremation of Balbir Singh
alias Beera, s/o Kartar Singh, r/o Jama Rai, carried out by SHO Teg Bahadur
Singh of Goindwal police station on 2 January 1992, under FIR no. 1/92. The
post-mortem report is marked as PS 1/92. The cause of death is described to be
bullet injuries.
The committee has gathered the following information about Balbir Singhs case
father Kartar Singh.
Balbir alias Lakhbir Singh, was a 22-year-old son of Kartar Singh and Niranjan
Kaur, resident of village Jamarai, Patti Bhai Ki, under Goindwal police station, in
Khadur Sahib sub-division of Amritsar district. He used to work with his father on
the family farm. Lakhbir was unmarried and had never had any trouble with the
police.
Around 6 a.m. on 31 December 1991, a large force of Goindwal police and soldiers
of the Indian army cordoned off Jama Rai village for a combing operation, and
carried out a house-to-house search. Goindwal police, led by SHO Teg Bahadur
Singh, came to Lakhbirs house and took him into custody for questioning. He
assured Lakhbirs parents not to worry and that they would release him after ques-
tioning.
Later in the day, Lakhbirs family, accompanied by several village elders, went to
Goindwal police station but were not allowed to meet the SHO. They also failed to
meet the SHO the second day, and subordinate staff at the police station refused to
talk to them. On 3 January 1992, newspapers published a report about an encounter
near Goindwal in which the police killed a militant named Balbir Singh Beera. Kartar
Singh then found out that the police had already cremated his sons body. He went
to Tarn Taran cremation ground and collected Lakhbirs ashes.
135. Under serial no. 158/611, the list identifies the cremation of Jagir
Singh alias Kulwinder Singh alias Hathi, s/o Jang Singh, r/o Sangatpura, carried
out by SHO Anokh Singh of Sirhali police station under FIR no. 3/92. The
post-mortem report is marked as BSW 56/92 and the cause of death is mentioned
as cyanide consumption.
no. CCDP/01544. The main informant is the victims father Jang Singh.
Twenty-two-year-old Jagir Singh, son of Jang Singh and Surjit Kaur, was a
Mazhabi Sikh laborer, resident of village Sangatpur under Sarhalli police station in
Tarn Taran sub-division of Amritsar district. He was the eldest of three brothers who
worked as farm laborers. Jagir was married to Balbir Kaur, who has since remarried.
They had two sons who now live with their mother.
In 1989, the Sarhalli police started raiding his house suspecting Jagir to be con-
nected to some militant elements in the area. Jagir avoided his arrest and started
living elsewhere. The police then started torturing his family members who also
decided to move their residence. In their absence, the police confiscated all their
household belongings and even demolished a part of their house.
On 8 January 1992, a group of Sarhalli policemen led by SHO Anokh Singh raided
a farmhouse between Munda Pind and Rani Vallah villages and arrested Jagir Singh
and another Sikh boy from Gujjarpura. Both were taken to Sarhalli police station. The
police later claimed that Jagir Singh committed suicide by consuming a cyanide pill
that he was carrying with him. The other Sikh boy from Gujjarpura village was re-
leased on intervention from several village elders.
All members of Jagir Singhs family had gone into hiding and hence were unable
to collect his ashes.
136. Under serial no. 159/614, the list identifies the cremation of Gurbhej Singh,
alias Geja, s/o Jagir Singh, r/o Bugha, carried out by SHO Balkar Singh of
Tarn Tarans Sadar police station on 13 January 1992, under FIR no. 3/92. The
post-mortem report is numbered WA 2/92. The cause of death is mentioned as
firearm injuries.
Jagir Singh.
Gurmej Singh alias Gurbhej, son of Jagir Singh and Harbans Kaur from Buge
locality in Tarn Taran, was only 16 when the police executed him. After completing
his matriculation, he had become a pathi, a reader of the Guru Granth Sahib, the Sikh
scripture. He also helped his father on their small farm.
Gurmej felt very strongly about the attack on the Golden Temple carried out by
the Indian army in June 1984 and sympathized with the militant movement for justice.
In 1991, the Tarn Taran police arrested him on suspicion of links with the militants
and brutally tortured him in custody. The police released him after village elders
intervened to vouch for his good conduct.
On 13 January 1992, Gurmej was traveling in a bus to village Roore Asal for a
rendition of the Sikh scriptures. Jasbir Singh Andheri, s/o Bhajan Singh and a resi-
dent of Tarn Taran were also traveling on the same bus. Jasbir was probably associ-
ated with a Sikh militant group. The bus stopped at a checkpost near the village and
policemen entered the bus for an inspection. They recognized Jasbir Singh and took
both of them into custody. The next day, Ajit and Jagbani reported the death of
Jasbir Singh and two other unidentified militants in a police encounter. The report
said that the militants tried to run away when the police were searching the bus. The
identity of the third militant killed in the incident could not be established.
The police did not inform Gurmejs family about his death. The family was unable
to even collect his ashes since they did not know when and where the police carried
out the cremation.
The CBI has shown the cremation of Jasbir Singh under the same FIR no. in its
list of partially identified cremations Under serial no. 61/613. His post-mortem report
is marked as OPG-1/92 and the cause of death is firearm injuries. It is not clear what
happened to the body of the third unidentified person.
137. Under serial no. 161/628, the list identifies the cremation of Dr. Inderjeet
Singh, s/o Karam Singh, r/o Thatha carried out by inspector CIA staff
Gurdev Singh of Valtoha police station on 8 March 1992, under FIR no. 12/92. The
post-mortem report is numbered KS 7/92. The cause of death is mentioned as
encounter.
its incident report form no. CCDP/01495. The main informant is the victims daughter
Davinder Kaur.
Inderjit was the alias of Hardeep Singh, son of Karam Singh and Harbans Kaur
from Thatha village, post office Sarhalli Kalan, Patti Chardi under Harike police sta-
tion in Tarn Taran. Hardeep was a farmer who had finished his school education. It is
not clear why the CBIs list gives him the title of doctor. Hardeep was 30 and married
to Balbir Kaur with four children. The eldest, Davinder Kaur, is now in her early
twenties.
The police had arrested and interrogated Hardeep a number of times suspecting
him of having links with militants. They had also implicated him in a number of
criminal cases. Hardeep was unable to tolerate his repeated interrogation under
torture and decided to join the ranks of militants.
On 7 March 1992 morning, Hardeep was at the house of Surinder Singh, vice-
principal of Guru Gobind Sikh Senior Secondary School in Tarn Taran city, and was
reciting his prayers when a large police force, led by inspector Gurdev Singh, sur-
rounded the house. Hardeep wanted to escape, but Surinder Singh implored him to
surrender as the police would not allow him to live if Hardeep escaped and that
Surinder Singhs life and that of his family would be ruined. Hardeep thus gave
himself up to the police.
Hardeep Singhs family learnt about the arrest later that day and tried to mobilize
whatever contacts they had to ensure that he was not killed in a fake encounter, but
to no avail. On 8 March 1992, Hardeep Singh was shown killed in an encounter near
village Bahadar Nagar under Valtoha police station. His family learnt that the police
were taking the body for cremation to Patti and gathered there to carry out the last
rites. The police, however, prevented them from doing so.
In a separate incident, the police also arrested and disappeared Parminder Singh,
Hardeeps nephew. His second nephew Tarsem Singh s/o Nirmal Singh was also killed.
138. Under serial no. 162/634, the list identifies the cremation of Jaimal Singh, s/
o Dharam Singh, r/o Bhel carried out by SHO Anokh Singh of Sirhali police
station on 24 March 1992, under FIR no. 27/92. The post-mortem report is num-
bered as OPG 9/92. The cause of death is mentioned as police encounter.
Manjit Singh.
Jaimal Singh (25), was an unmarried farmer, son of Dharam Singh and Mohinder
Kaur, and lived in village Bhail, Patti Bhuchar Ki, police station Goindwal under
Khadur Sahib sub-division of Amritsar district. The police used to harass him and
other members of his family because of his cousin-brother Nirmal Singhs involve-
ment in the militancy. To avoid harassment and custodial torture, Jaimal Singh began
to live separately. The police thus increased their pressue on his family to produce
him before them.
On 23 March 1992, Jaimal Singh and Joginder Singh, s/o Banta Singh from Bhail
village, were walking into Bhail village when a joint force of the Indian army and the
Punjab police detained them. Jaimal Singh was reported killed in an encounter the
same night and although Goindwal and Sarhalli Kalan police stations refused to
disclose anything to the family members, they found out from the commander of the
army camp at village Thathian Mahantan that Jaimal had been killed and was being
cremated at Tarn Taran. They were unable to attend the cremation. On 25 March
1992, two Punjabi newspapers Ajit and Jagbani published a report about the en-
counter near village Bhail in which Jaimal allegedly died.
Following his arrest, Joginder Singh was detained at Sarhalli Kalan police station
and brutally tortured by SHO Anokh Singh for several days. Thereafter, he was
handed over to an army camp. The army finally released him at the intervention of
village elders, one month after his arrest. In this period, Joginder Singh did not know
what happened to Jaimal Singh.
In a separate incident, Jaimals cousin Nirmal Singh, s/o Sucha Singh from Bhail
village, was also killed by the police.
139. Under serial no. 163/644, the list identifies the cremation of Punjab Singh,
s/o Jaswant Singh, r/o Mukaz, carried out by SHO Balkar Singh of Tarn
Tarans Sadar police station on 8 April 1992 under the FIR no. 25/92. The
post-mortem report is said to be not available. The cause of death is stated as
police encounter.
The committee has gathered information on this case through its incident report
form no. CCDP/01686. The main informant is the victims father.
The person identified by the CBIs list as Punjab Singh, s/o Jaswant Singh, r/o
Mukaz was actually 26-year-old Jaimal Singh, son of Tara Singh and Paro, residents
of Dholan village, post office Kalia Sakatteran, under Valtoha police station, in Patti
After completing his matriculation, Jaimal joined the Indian army in 1983, but in
1991 he was dismissed from the service and sent home. Tara Singh claimed ignorance
about the reason for the dismissal. Jaimal, together with his younger brother Balwant
Singh, started working on his family farm. He was still unmarried.
Search and combing operations carried out by the Punjab police to nab militants
and their sympathizers in his village was a routine. Jaimals house had also been
searched. The police officials began to pay special attention to him after finding out
that he had been dismissed from the army . The police held Jaimal, his younger
brother Balwant Singh and father Tara Singh in illegal custody and interrogated
them. Jaimal was brutally tortured under under interrogation. The Valtoha police
began to pick him up frequently and, ultimately, Jaimal decided to leave home. The
police then started to detain his family members to compel Jaimal to surrender. But
Jaimal did not return home.
On 9 April 1992, newspapers published a report about the killing of a militant
named Punjab Singh in an encounter at village Malmohari. The same day, Charan
Kaur, the mother-in-law of Jaimals younger brother, resident of Kaler village in Tarn
Taran, came to Tara Singhs house to inform him that the militant killed at Malmohari
was actually Jaimal Singh and that she had seen his body at the Tarn Taran hospital.
Charan Kaur had been following the case since her son-in-law Balwant Singh had
been in illegal custody at the police post of Algon Chowki for more than a week, and
she feared that the police might also harm him.
On 10 April 1992, Tara Singh, accompanied by several prominent persons of his
village, went to Tarn Tarans Sadar police station where the police showed him the
photographs of the militant killed in the supposed encounter at Malmohari. Tara
Singh recognized the body of his son. The police had already carried out the crema-
tion, but they allowed him to collect the ashes. Tara Singh did not know if the report
about the encounter was genuine or forged.
Balwant was released from illegal custody some days later at the intervention of
a Punjab cabinet minister Gurchet Singh Bhullar.
According to Tara Singh, the police captured and killed three other persons of
his village Dholan in separate incidents. They are:
[1] Harbans Singh, s/o Nirmal Singh, was killed in Ferozepur district;
[2] Balbir Singh, s/o Darshan Singh, was arrested from Patti and killed in a fake
encounter;
[3] Pala Singh, s/o Aasa Singh, was arrested by the Valtoha police and killed in a fake
encounter.
140. Under serial nos. 165/646, the list identifies the cremations of Balwinder Singh
alias Banda, s/o Sarwan Singh, r/o Kot Jampat, carried out by SI Suba Singh of
Jhabbal police station on 9 April 1992, under FIR no. 44/92. The post-mortem report
is marked as AK 10/92 and the cause of death is described as bullet injuries.
port form no. CCDP/01632. The victims uncle Arjan Singh is the main informant.
Twenty-one-year-old Balwinder Singh alias Binder, son of Sawinder Kaur and
Surjan Singh who is mistakenly recorded in the CBIs list as Sarwan Singh, was a
resident of village Kot Jaspal, Teja Singh Wala, post office Bakipur under Jhabbal
police station in Tarn Taran sub-division of Amritsar district. His house was located
on the outskirts of the village next to his fathers farmland. Balwinder was the young-
est in the family of two brothers and a sister. He was clean-shaven and had no
religious and political inclinations, but he was alcoholic and used to create nuisance
after drinking excessively. However, he had no trouble with the police and had never
been arrested.
On 8 April 1992, Balwinder went to the house of his sister Sukhwinder Kaur who
is married to Gurdeep Singh at Manochahal village. There, he asked for alcohol and
drank the whole day. Around 7 p.m. Balwinder picked a quarrel with his sister and
walked back to his village in an inebriated condition. Back in his village, he bought
more alcohol from the house of a Mazhabi Sikh and continued to drink. Again, he
picked a quarrel with Milkha Singh, the headman of his village council, who felt
infuriated by Balwinders abuses and had him thrashed. Milkha Singh was an influ-
ential person, considered very close to the local police. Many people in the village
heard Balwinder screaming and abusing Milkha Singh.
It is not clear to the family what happened thereafter. Early next morning, around
9 a.m. some officers of Jhabbal police station came to Balwinders house to inform
them that Balwinder had been killed. The police took them to the center of the village
where Balwinders body was lying. The police carried out the cremation and did not
allow the family members to collect Balwinders ashes.
Balwinders family members feel that Milkha Singh was responsible for getting
the local police to murder him in a fake encounter. On 10 April 1992, several
newspaperss reported the police story about the encounter.
141. Under serial no. 167/651, the list identifies the cremation of Gurbhej
Singh alias Bheja, s/o Jaswinder Singh, r/o Lalpura carried out by SHO Balkar
Singh of Tarn Tarans Sadar police station on 10 April 1992, under FIR no. 26/92.
The post-mortem report is numbered as PS 9/92. The cause of death is mentioned
its incident report form CCDP/01429. The main informant is the victims brother
Pratap Singh.
The victims actual name is Harbhej Singh, alias Gurbhej. He was 20 and lived in
Lalpura village near the bus stand in Tarn Taran sub-division of Amritsar district,
with his mother Harjinder Kaur. His father Joginder Singh, the elected head of the
village council of Lalpura, had been murdered in 1987 by unknown militants. One of
Harbhejs brothers was a soldier in the Indian army . Harbhej and his elder brother
Pratap Singh looked after the familys agricultural interests.
After his fathers death, some influential people in the village had been trying to
encroach on the familys agricultural land and, for this purpose, had influenced the
local police to harass Harbhej and his brother. The police thus illegally detained and
tortured both Harbhej and his brother. Unable to tolerate the situation, Harbhej went
underground and joined a militant group. His brother Pratap Singh left to live with
some relatives. The police then started harassing their uncle Mohinder Singh and
his family who still lived in the village.
On 7 November 1991, the police arrested Mohinder Singhs son, Gurdial Singh,
along with Sarabjit Singh, also a resident of Lalpura, at a police checkpost outside
the village. Both of them were taken to Tarn Taran CIA staff interrogation center and
were never heard of again. The police denied arresting them.
On 10 April 1992 afternoon, Harbhej Singh was cultivating the piece of land
under dispute, along with his maternal cousin Mukhtiar Singh, s/o Ninder Singh
from Kadd Gill village, and Balwinder Singh, s/o Bagga Singh Paathi of Lalpura,
when a large police force arrived, started firing at them without any warning. All of
them died. The police then carried the bodies away.
On 11 April 1992, some Punjabi newspapers reported that the police killed five
militants in an encounter that happened between Varana and Dhotian villages. Two
of them were identified as Gurbhej Singh Bheja and Ranjodh Singh Jodha. In the
actual incident, the police had killed Harbhej Singh alias Gurbhej, Balwinder Singh
and Mukhtiar Singh. Apparently, both Balwinder Singh and Mukhtiar Singh had
been shown as unidentified. The family knew nothing about Ranjodh Singh Jodha,
or about the fifth person who the police had allegedly killed in the same encounter.
The police carried out the cremations without permitting the family members to
attend.
The CBIs list of identified cremations only accounts for the body of Harbhej
Singh. The names of Ranjodh Singh Jodha, Balwinder Singh and Mukhtiar Singh do
not figure in the list of partially identified cremations, either. The list of unidentified
cremations at Tarn Taran, Under serial nos. 422/652 and 423/653, shows that SHO
Balkar Singh burnt two more bodies whose post-mortem reports are mentioned as
PS-10/92 and PS-11/92. Both the bodies belonged to the case under the same FIR no.
26/92 of Tarn Tarans Sadar police station. This shows that the police cremated
Balwinder Singh and Mukhtiar Singh as unidentified bodies. The story of Balwinder
Singh is summarized in the appropriate section of the report. What happened to the
bodies of Ranjodh Singh Jodha and the other unidentified militant allegedly killed in
the encounter remains a mystery.
142 - 143. Under serial nos. 168/654 and 169/655, the list identifies two crema-
tions on 11 April 1992, carried out by SHO Swaran Singh of Verowal police station
under FIR no. 14/92. They are of: [1] Gurmej Singh, s/o Ajit Singh, r/o Khadoor
Sahib; and [2] Dilbagh Singh, alias Bagha, s/o Harnam Singh, r/o Ratoll. The post-
mortem reports are marked as KK 39/92 and KK 38/92. The cause of death is
mentioned as police encounter.
The committee has gathered the following information pertaining to Dilbagh
Singhs case through its incident report form no. CCDP/01235. The main informant is
the victims wife Surjit Kaur.
Dilbagh Singh, the youngest of six brothers, was a 25-year-old Mazhabi Sikh
who lived in Mazhabian Di Patti, village Rataul under Tarn Taran city police station.
He had passed the matriculation examination and worked as a milk vendor. He was
married to Surjit Kaur and had two daughters who are now 16 and 10.
In 1988, the police arrested Dilbagh and his nephew Angrez Singh, s/o Kundan
Singh, on the suspicion of maintaining contacts with militants. They were charged
under TADA and held in judicial custody for nearly two years. After his release,
Dilbagh resumed his normal vocation of selling milk.
In April 1991, the Punjab police and other paramilitary organizations, carried out
a combing operation in village Rataul. All male members of the village were directed
to assemble at the village gurdwara, where Dilbagh Singh was taken into custody. He
was sent to Tarn Taran police station for interrogation and held there illegally for
nearly three months before the police decided to prosecute him once again under
TADA. He was booked in a case and sent to Amritsar jail.
In April 1992, Verowal police station decided to interrogate him in connection
with some other case and obtained his remand order from a court. On 12 April 1992,
Punjabi newspapers carried a report which announced his death in an encounter.
The report said that the police was taking Dilbagh Singh and Gurmel Singh to re-
cover some weapons in Mand area when some militants attacked the police convoy
and both were killed in the exchange of fire that followed.
In separate incidents, three other members of his family were also killed by the
police. Their names are:
1. Gurmej Singh, s/o Dara Singh [nephew];
2. Angrez Singh, s/o Kundan Singh [nephew];
3. Gulzar Singh [brother].
144. Under serial no. 170/659, the list identifies the cremation of Buta Singh, s/o
Teja Singh, r/o Sohal, carried out by Anokh Singh of Jhabbal police station on 18
April 1992, under FIR no. 50/92. The post-mortem report is said to be not avail-
able. The cause of death is mentioned as bullet injuries.
The committee has gathered the following information on Boota Singhs case
through its incident report form no. CCDP/01404. The main informant is Satwinder
Kaur, the victims widow.
Boota Singh (27), the only son of his parents who had already expired, was a
farmer living at Patti Mahi Ki, village Sohal under Jhabbal police station in Tarn Taran
sub-division of Amritsar district. He was married to Satwinder Kaur and had three
children. The eldest child, a daughter, is now 16.
The police used to regularly detained and interrogated Boota Singh under tor-
ture about militants who visited his house. He was suspected of sheltering and
feeding them. He was also charged under TADA but was released on bail. The
police, however, continued to detain and torture him. Eventually, Boota Singh left his
home and began to live elsewhere.
Around 10 a.m. on 18 April 1992, Boota Singh was at a farm house near village
Bhuchar Kalan along with a friend Punjab Singh, resident of Chhapa. They were
drinking tea when the Jhabbal police raided the house. Seeing the police, Boota
Singh and Punjab Singh started running towards the school in village Bhuchar
Kalan. There, they were intercepted and shot dead. The police cremated the bodies
at Tarn Taran without informing the families.
On 19 April 1992, two Punjabi newspapers, Ajit and Jagbani carried a report
about the encounter and, quoting police sources, identified the slain militants as
Boota Singh, s/o Teja Singh of Sohal village and Punjab Singh of Chhapa village.
The cremation of Punjab Singh is not mentioned in the CBIs lists of identified or
partially identified cremations. However, the unidentified list, Under serial no. 425/
658, mentions a cremation at Tarn Taran on 18 April 1992 that was carried out by
Anokh Singh of Jhabbal police station, connected with the case under FIR no. 50/92.
The post-mortem report of the body is mentioned as KK 45/92.
145. Under serial no. 172/662, the list identifies the cremation of Manjinder Singh,
s/o Ajit Singh, r/o Rataul carried out by the SHO of Tarn Taran police station on 22
April 1992, under FIR no. 42/92. The post-mortem report is numbered as GSD 18/
92. The cause of death is mentioned as police encounter.
The committee has gathered the following information about this case from the
Peoples Commission Case No. PCHR/00435. The main informant is the victims
mother Parkash Kaur.
Manjinder Singh, son of Ajit Singh and Parkash Kaur, was a resident of village
Rataul, in Tarn Taran sub-division of Amritsar district. On 21 April 1992, a police
party of Tarn Taran police, led by SHO Gurbachan Singh Manochahal, SSP Ajit
Singh Sandhu, and SP (operations) Khubi Ram abducted Parkash Kaur and her sons
Manjinder Singh and Surinder Singh from their house.
The police took them to Tarn Tarans City police station and severely beat them.
The following day, the police released Parkash Kaur, but continued to hold her sons.
A week later, the police released Surinder Singh from custody after he lost his memory.
He has become mentally disturbed from the physical and mental torture he experi-
enced in police custody.
Parkash Kaur never heard from her son Manjinder again. Nor was she able to
trace him despite her efforts to find out what had happened to him. A year after the
initial abduction, the police again illegally detained Parkash Kaur and beat her. They
released her three days later. The police used to harass her relatives, as well.
146. Under serial no. 173/663, the list identifies the cremation of Surinder Singh,
s/o Ajmer Singh, r/o Singhpura, carried out by the SHO of Jhabbal police station
on 24 April 1992, under FIR no. 54/92. The post-mortem report is marked GSD 22/
92. The cause of death is given to be police encounter.
port form no. CCDP/01541. The main informant is Ajmer Singh, the victims father.
Surinder Singh alias Mahna, s/o Ajmer Singh and Sukhwinder Kaur, was an 18-
year-old school student, resident of village Singhpura under Bhikhiwind police sta-
tion in Patti sub-division of Amritsar district. Surinder was a good football player
and was the captain of his school team. His cousin, also called Surinder Singh Mintu,
s/o Gurcharan Singh from Bhikhiwind town, had been involved with militants and,
because of that connection, the police used to raid Surinders house at Singhpura. In
March 1990, Surinder had finished his matriculation examination and was waiting for
the results when the police again raided his house. Surinder Singh slipped away and,
after that, remained underground.
On 23 April 1992, some constables from Jhabbal police station came to Ajmer
Singhs house and took him to the police station for the identification of his sons
body. The police officers told him that he had been killed, along with Harjinder Singh
of Bhangwan village and Gurdev Singh of Jallupur Khera village under Beas police
station, in an encounter with Jhabbal police near village Bankipur. Ajmer was not
able to verify the police claims.
The family members were allowed to attend the cremations and to collect the
ashes.
Harjinder Singh of Bhangwan village and Gurdev Singh of Jallupur Khera village
under Beas police station were cremated as unidentified bodies. The CBIs third list
shows these cremations Under serial nos. 427/664 and 428/665.
According to Ajmer Singh, the police also killed his nephew Surinder Singh
Mintu, s/o Gurcharan Singh, a retired headmaster of a school who lived in Patti Dass
Ki in Bhikhiwind town. The police killed Surinder Singh in a fake encounter near
village Bahmani Wala.
147. Under serial no. 174/668, the list identifies the cremation of Chatar Singh
alias Chatara, s/o Teja Singh, r/o Bhoka Baler, carried out by the SHO of Jhabbal
police station on 26 April 1992, under FIR no. 55/92. The post-mortem report is
marked as AK 15/92 and the cause of death is mentioned as police encounter.
The committee has got the following information about this case from its incident
report form no. CCDP/01660. The information has been provided by residents of the
victims village Baler.
Thirty-two-year-old Chattar Singh alias Kakoo, son of Teja Singh and Bhan Kaur,
was a Mazhabi Sikh, resident of village Baler, post office Banka Baler, Mazhabian Di
Patti, under Bhikhiwind police station, in Patti sub-division of Amritsar district. Chattar
Singh, a poor farm worker, was married, but he got involved in a violent quarrel that
culminated in a murder for which Chattar Singh was convicted and sentenced to life
imprisonment. His wife returned to her parents. A few years after his conviction,
Chattar Singh was released from prison on parole. However, he did not return to jail
and instead joined the ranks of militants. The police started tormenting his family
members, especially his brothers who, fed up with the harassment, also left their
village.
On 27 April 1992, several newspapers published a report about the killing of
Chattar Singh in an alleged encounter with the Jhabbal police near village Gandiwind.
The family could not verify whether the reported encounter was genuine or fake.
148. Under serial no. 175/669, the list identifies the cremation of Balbir Singh,
alias Beera, s/o Chanan Singh, r/o Sohal carried out by the SHO of Jhabbal police
station on 29 April 1992, under FIR no. 56/92. The post-mortem report is num-
bered as PK 21/92. The cause of death is mentioned as police encounter.
Kashmir Singh.
Dalbir Singh, alias Balbir, was 30 and lived at Patti
Baaje Ki, in village Sohal under Jhabbal police station.
He was married and had a daughter. His widow has
remarried.
Soon after the eruption of militancy in the state, the
police began to suspect Dalbir of being a sympathizer
who sheltered armed militants at his farmhouse. The
Jhabbal police frequently raided his house, and they
arrested and interrogated him regularly under brutal
torture. The village elders intervened many times and
secured his release. The family also had to bribe the
policemen. In 1991, the police implicated Dalbir in a
case under the Arms Act and imprisoned him for six
months. When he came out on bail, the police started torturing him again. Dalbir was
so fed up that, in early 1992, he, along with his wife and daughter, decided to shift
residence to Uttar Pradesh where his relatives lived.
The police then started tormenting his elder brother Kashmir Singh to get Dalbir
to report at Jhabbal police station. Dalbir Singh was compelled to come back and he
went to the police station in the third week of April 1992. The police illegally detained
and interrogated him under torture for several days and then allowed him to return
home.
On 29 April 1992 morning, Dalbir Singh went to the farm house of a distant
relative, Preetam Singh, who lived in the same village, to recuperate from the torture.
Within an hour of his arrival there, a large police force under SHO Suba Singh of
Jhabbal police station raided the house and took Dalbir Singh into custody. Preetam
Singhs family members were told to remain indoors. On hearing gunshots, Preetam
Singhs sons, Karam Singh and Ajit Singh, looked out and saw the police lifting
Dalbir Singhs body into a vehicle. SHO Suba Singh also decided to arrest Karam
Singh and Ajit Singh, and took them to Jhabbal police station. There, Ajit Singh was
asked to leave. Karam Singh had to accompany the police to Tarn Taran, and after the
post-mortem, Dalbir Singhs body was cremated there in his presence.
149. Under serial no. 176/674, the list identifies the cremation of Baldev Singh,
alias Gaddar, s/o Nirbail Singh, r/o Sakhira carried out by SHO Darshan Singh of
Tarn Tarans Sadar police station on 8 March 1992, under FIR no. 36/92. The post-
mortem report is numbered as GSD 24/92. The cause of death is mentioned as
police encounter.
Gurcharan Kaur.
Baldev Singh, s/o Nirvail Singh, lived in Patti Gurbakhsh Ki, Sakhira village under
Tarn Taran Sadar police station. The CBIs list mentions his alias as Gaddar, but he
was known by his nick name, Guard. Baldev Singh (26), a farmer, married Roop Kaur.
They had a daughter who is now 13.
One of Baldevs uncles, Sukhdev Singh Sakhira was a known militant leader.
Baldev was influenced by him and began to take an interest in the political aspects of
Balbir Singh
the Sikh secessionist movement. The police suspected him of sheltering and
helping militants and tortured him regularly for information under illegal custody.
Baldev Singh was fed up by this situation and decided to join the ranks of a militant
organization.
The remaining members of the family had to now bear the brunt of police torture.
The police did not allow them to cultivate their land. The police regularly detained
and tortured Baldev Singhs old mother, sister-in-law and other relatives. They kept
his house under strict surveillance and raided it almost daily. Any relative who
visited the house was picked up and interrogated under third degree. Often, Khubi
Ram, SP (operations), personally supervised the physical torture of Baldevs brother
and their old mother Gurcharan Kaur, administering electric shocks on their bodies.
Baldev Singh and his associate Kabal Singh from village Manochahal Khurd
were finally cornered on 7 May 1992 when they went to the residence of Swaran
Singh, head of the village council of Mughal Chak. They reached the house around
5 p.m. to find themselves surrounded by a large police force under Khubi Ram, SP
(operations). Baldev Singh and Kabal Singh tried to escape but the police killed them
under a hail of bullets. The police then left with the two bodies.
The next day, Ajit and Jagbani carried reports about the encounter. Baldev Singhs
family learnt of his death from these reports. The police did not inform them about
the cremation and were refused permission to collect his ashes.
The cremation of Kabal Singh is mentioned in the CBIs list of partially identified
bodies Under serial no. 68/675. SHO Darshan Singh of Tarn Tarans Sadar police
station requisitioned the cremation with reference to the case under FIR no. 36/92.
The post-mortem report number is given as GSD-25/92. In the list, Kabal Singhs
name has been changed to Kewal Singh and his village is mentioned as Chota
Manochahal instead of Manochahal Khurd.
tions on 9 May 1992, carried out by SHO Darshan Singh of Tarn Tarans Sadar
police station, under FIR no. 34/92. They are of [1] Kuljit Singh, s/o Charan Singh,
r/o Tur; and [2] Bakhshish Singh, s/o Gurdeep Singh, r/o Tur. The post-mortem
reports are numbered as PK 22/92 and PK 23/92. The cause of death is mentioned
as firearm injuries.
form nos. CCDP/01381 and 01382. The main informants are Kuljits mother Guddo
and Bakhshishs father Gurdeep Singh.
Kuljit Singh, alias Bittu, was 24 and unmarried. He was the son of late Charan
Singh and Guddo, and a resident of village Tur, Patti Dharame Ki, under Goindwal
police station. His father Charan Singh had retired from the Indian army as a non-
commissioned officer. Bakhshish Singh, alias Shisha, son of Gurdeep Singh and
Kulwant Kaur, was 25 and also unmarried. He was a resident of village Tur, under
Goindwal police station, in Khadur Sahib sub-division of Amritsar district.
The police suspected both of them of maintaining links with militants. In 1988,
the Verowal police arrested both of them on charges under TADA. They were re-
leased on bail after more than two years of incarceration. Even then the police con-
tinued to harass the two, picking them up for interrogation and torturing them.
Everytime this happened, village elders and members of the elected village councils
intervened to secure their release.
One morning on 1 or 2 May 1992, SHO Darshan Singh of Tarn Tarans Sadar
police station arrested both of them from their houses in the presence of all of their
relatives. Members of the family and other influential persons of the area, including
former MP Tarlochan Singh Tur, asked the police officials to either release the boys
or bring them before a court. But the police officials, including the SHO, kept deny-
ing that they had them in their custody. On 8 May 1992, two Punjabi newspapers, Ajit
and Punjabi Tribune carried a report about an encounter, which had allegedly oc-
curred on May 7 near village Jando Ki Sarhalli, in which both Kuljit Singh and
Bakhshish Singh had been killed. The police did not inform their families, but the
families reached the cremation ground and identified the bodies before the police
burnt them.
It is a mystery that the CBIs list, Under serial nos. 179/680 and 180/681, identifies
two more cremations, that of Baj Singh, s/o Dalbir Singh Jat, r/o Malmori; and of
Sarban Singh, alias Kallu, s/o Tehl Singh, r/o of Rajupur carried out by SHO Darshan
Singh on 24 May 1992 in a case under the same FIR no. 34/92. The date of the
cremation shows that they were killed in a separate incident. What then is the signifi-
cance of a common FIR number and the fact that the same SHO carried out all four
cremations?
tions on 24 May 1992 carried out by SHO Darshan Singh of Tarn Tarans Sadar
police station. The FIR nos. are not mentioned. Name of those cremated are [1] Baj
Singh, s/o Dalbir Singh Jat, r/o Malmori; and [2] Sarban Singh alias Kallu, s/o
Tehl Singh, r/o Rajupur. The post-mortem reports are marked as PK 24/92 and PK
25/92. The cause of death is given as firearm injuries.
its incident report form nos. CCDP/01604 and 01605. The main informants are Sarbans
father Tehal Singh and Baazs mother Gurnam Kaur.
Twenty-one-year-old Sarban Singh, son of Tehal Singh and Manjit Kaur, was a
resident of village Manju Pur, under Jhabbal police station, in Tarn Taran sub-divi-
sion of Amritsar district.
In 1984, Sarbans mother Manjit Kaur had been murdered by someone from the
village, supposedly having close links with the police. His family spent a lot of
money fighting the case, trying to get the accused convicted, but without success.
The accused was acquitted in 1987. In that year, Sarban had passed his matriculation
examination. He was very upset about the acquittal of his mothers accused murderer
and, with the intention of taking revenge, began to cultivate the militant under-
ground. The police found out about his contacts and raided his house to arrest him.
According to Tehal Singh, his son Sarban had given up the idea of taking revenge
after joining the militant underground and had even sent a message to his mothers
murderer that he nurtured no enmity towards him. The police started detaining and
torturing his family members, including his father, to coerce them to produce Sarban
before them. However, they were unable to do so.
Twenty-three-year-old Baaz Singh, son of Dalbir Singh and Gurnam Kaur, was a
farmer resident of Malmohari village, post office Naurangabad, Behak, under Tarn
Tarans Sadar police station. He was married but his widow has since returned to her
parents house.
Baaz Singhs father Dalbir Singh was a wealthy farmer who died when his chil-
dren were young and his mother Gurnam Kaur had raised them. As their house was
located outside the village in their agricultural land, members of the militant under-
ground began to turn up for shelter and food. It was impossible for the family mem-
bers to turn them away; the militants were armed.
In early 1990, the Haryana police arrested Baaz Singh on the charges of shelter-
ing some militants who had been apprehended. The police officer responsible for the
case demanded a bribe for Baazs release. But when his uncle and a cousin were on
their way to pay the officer the money, they met with an accident near Sirhind and
died. As the concerned police officer did not receive the money he had demanded,
Baaz Singh was charged with a case under TADA and sent to jail. Later, he came out
on bail and resumed his agricultural work. Baaz Singh, according his mother Gurnam
Kaur, had no further dealings with the Sikh militants.
On 23 May 1992 evening, when Baaz Singh was still working on his fields, Sarban
Singh of the neighboring Manjupur village approached him to request a ride on his
bicycle to a house in Lalpura. Baaz Singh refused as he had already suffered enough
because of the militants. Sarban Singh was desparate and threatened to use force if
he refused to give him a lift. Baaz Singhs mother Gurnam Kaur was listening to this
conversation and asked her son to go and drop him.
Baaz Singh complied. Sarban Singh was keen to visit the house of an associate in
Lalpura who had been killed by the police recently. Soon after they reached the
house, a police team led by SHO Darshan Singh, surrounded the house and forced
them to open the doors. The police shot Sarban Singh while he tried to explain that
the man with him, Baaz Singh from Malmohari, was innocent. They questioned Baaz
Singh and then told him to run away. When he ran, the police then shot him in the
back.
The police claimed that the two militants had been killed in an encounter. The
claim was reported prominently in several Punjab newspapers on 25 May 1992.
The next morning, Baaz Singhs mother Gurnam Kaur, accompanied by several
sympathizers, went to Lalpura village whose residents narrated to her the sequence
of events.
The police carried out the cremations without informing the families.
tions carried out by SHO Subha Singh of Valtoha police station on 27 May 1992
under FIR no. 24/92. Names of those cremated are: [1] Kulwinder Singh alias
Pappu, s/o Jassa Singh, r/o Valtoha; and [2] Ranjit Singh alias Rana, s/o Gurbux
Singh, r/o Valtoha. The post-mortem reports are mentioned as SS-22/92 and SS-
23/92. The cause of death is given as police encounter.
its incident report form nos. CCDP/01575 and 01577. The main informants are
Kulwinders brother Dilbagh Singh and Ranjits father Mukhtiar Singh, who has
been mistakenly identified in the CBIs list as Gurbux Singh.
Twenty-one-year-old Kulwinder Singh, s/o Jassa
Singh and Gurbachan Kaur, was a resident of village
Valtoha, Patti Deolan Di, under Patti sub-division of
Amritsar district. Kulwinder was in his first year of gradu-
ation when he became involved with the militants. When
the police started raiding his house in order to arrest
him, Kulwinder slipped away and became a fugitive. He
did not surrender to the police even after the police
detained and tortured his close relatives, including his
parents.
Ranjit Singh, son of Mukhtiar Singh and Gurdev
Kaur, was a 21-year-old young farmer resident of
Valtoha village, Patti Deol, in Tarn Taran sub-division
of Amritsar district. Ranjit was unmarried. Although his elder brother was a soldier
with the Indian army , Ranjit sympathized with the militant movement and was ar-
rested many times by the police for interrogation under torture. In 1990, he left home
to join the militant movement directly.
On 23 May 1992, Kulwinder was visiting his aunt Piar Kaur, wife of Inder Singh,
who lived at village Chakk Walia. The police arrested him there. The police force was
led by DSP Paramdeep Singh Teja of Bhikhiwind and SHO Gurinder Singh of
Khemkaran police. Immediately, Piar Kaur sent a message to Kulwinders parents
about his arrest and the family members tried to meet some officers to save him. But
the police officers refused to talk to them. They also approached several political
leaders of Amritsar, but to no avail.
Kulwinders interrogation led to the arrest of Ranjit Singh from the headquarters
of a religious organization, led by Baba Daya Singh Bidhi Chand Wale, based at
Anandpur Sahib. His parents received information about his arrest but were not in
a position to help as the police had already been very rough with them.
On 27 May 1992, around 11 a.m. Kulwinders family found out that he had been
killed in an encounter near village Chhanna along with Ranjit Singh, and two other
unidentified young Sikhs. Immediately, they went to Valtoha police station and re-
quested that they be allowed to see Kulwinders body. However, the police did not
allow them to see his body or attend the cremation.
The other two unidentified cremations are recorded in the CBIs third list, Under
serial nos. 435/684 and 436/685.
three cremations carried out by the SHO of Jhabbal police station on 28 May 1992,
under FIR no. 62/92. The names of those cremated are: [1] Kashmir Singh, s/o
Makkan Singh, r/o Kallo Mahal; [2] Jarnail Singh, s/o Pritam Singh, r/o Sultan
Wind; and [3] Ram Singh, s/o Mohan Singh, r/o Madi Kamboke. The post-mortem
reports are marked as 19/92, 20/92 and 21/92. The cause of death is said to be
police encounter.
The committee has acquired the following information about Kashmir Singh
mother Kulwant Kaur.
Ranjit Singh
Twenty-two-year-old Kashmir Singh, son of Makhan Singh and Kulwant Kaur,
was a resident of Kallo Mahal, post office Gagon Mahal under Ramdas police sta-
tion, in Ajnala sub-division of Amritsar district.
After completing his higher secondary school education, Kashmir wanted to join
a medical college in Amritsar. The police, however, suspected him of sympathizing
with the militants and arrested and tortured him a number of times. His plans to study
medicine failed after the police implicated him in several cases under TADA and sent
him to jail. When he came out on bail, the police framed him in new cases. Eventually,
Kashmir Singh managed to get out on bail and moved to Amritsar to do a diploma
course in pharmacy.
In the third week of May 1992, the police abducted Kashmir Singh from his rented
flat in Amritsar. The abduction was witnessed by a couple from village Jassar under
Ramdas police station, who were employed at the Golden Temple and were Kashmir
Singhs neighbors. Informed about Kashmir Singhs abduction, the family members
tried in vain to locate him at various police stations in Amritsar district. They contin-
ued their efforts to find what happened to Kashmir Singh for the next several months
even as the Ramdas police raided their house many times to arrest him. The SHO of
Ramdas police station refused to believe that Kashmir Singh had already been taken
into custody and, demanding proof, continued to harass the family for nearly one
year.
In 1993, a distant relative, who is a policeman, informed the family that the Jhabbal
police had killed Kashmir Singh, along with two others, in the last week of May 1992.
This relative also showed them a copy of the daily Ajit published on 28 May 1992,
which carried a report about the killing of three militants, Kashmir Singh, Jarnail
Singh and Ram Singh, in an encounter near village Pandori Sidhwan. The report said
that their fourth associate, Sukhdev Singh Gujjar from Sarai Amanat Khan, managed
to escape. Jhabbal police, after much coaxing, confirmed the report and Ramdas
police stopped raiding their house.
The CBIs list shows Ram Singh, cremated along with Kashmir Singh, to be a
resident of Madi Kamboke. Since there is no village by that name in the area, we must
assume it is Mari Kamo Ki. However, according to Kashmir Singhs family members,
Ram Singh, s/o Mohan Singh belonged to Gagon Mahal.
According to the report published in daily Ajit on 28 May 1992, three militants
were killed in an encounter with the police near village Pandori Sidhawan and one
militant escaped. The CBIs list of identified cremations, Under serial nos. 183/686,
184/687 and 185/688, shows the cremations of Kashmir Singh, Jarnail Singh and Ram
Singh. Under serial nos. 437/689 and 438/690, the third CBI list of unidentified crema-
tions shows two other cremations carried out by SHO Suba Singh of Jhabbal police
station on 28 May 1992, under the same FIR no. 62/92. The question is: Who were
these persons cremated anonymously along with the three in the identified list and
where did they come from if only three militants died in the encounter?
In a separate incident, the police also arrested and killed Kashmir Singhs cousin
Gurmukh Singh Lalli, son of Bachan Singh of Mojupura under Majitha police station
in Amritsar district.
159. Under serial no. 186/695, the CBIs list identifies the cremation of Manjit
Singh, s/o Sardul Singh, r/o Tanda, carried out by SHO Puran Singh of Patti police
station on 5 June 1992, under FIR no. 37/92. The post-mortem report is marked as
5/6/92. The cause of death is mentioned as police encounter.
The committee has got the following information about this case from the inci-
dent report form no. CCDP/00132. The main informant is the victims mother Charan
Kaur.
Manjit Singh, alias Manna, 26, was employed with the Punjab State Electricity Board.
He was married to Narinder Kaur and had two daughters who are now 11 and nine.
The police had illegally detained and interrogated Manjit Singh a number of
times in the past suspecting him of having links with militants. On 31 May 1992,
around 3 p.m. his house was raided by a joint team of the Indian army , led by one
Major then stationed at the army camp at Mahantan Thathian, and the Punjab
police, led by sub-inspectors Pooran Singh of Patti police station and Balbir Singh of
Kairon police post. The police and Army arrested Manjit Singh in front of all of his
relatives and took him to the police post at Kairon.
On 1 June 1992, sub-inspector Balbir Singh told a group of village elders who had
accompanied Sardool Singh, Manjits father, to the Kairon police post that Manjit
Singh was under interrogation and the police would
release him after they had completed their investiga-
tions. Manjit was seen at the police post for the last
time on 4 June 1992 by a number of village elders who
had gone there to pursue his case. On 6 June 1992,
Punjabi daily Ajit published a report about Manjit
Singhs death in the cross firing between a group of
militants and the police. According to the report, the
militants attacked when the police took Manjit Singh
for the recovery of arms.
According to Charan Kaur, Manjits mother, one
of her brothers who had been very fond of her son
could not bear the shock of his murder by the police,
and soon died of grief. Charan Kaur also talks about
the plight of Manjits widow and their two orphaned children. Her husband is now
old, dispirited and unable to work.
The CBIs third list of unidentified cremations also shows that SHO Pooran
Singh of Patti police station carried out another cremation on 5 June 1992 under FIR
no. 37/92. The post-mortem report is also marked as 5.6.92 and the cause of death is
given as police encounter. The identity of this person is not known.
160. Under serial no. 187/699, the list identifies the cremation of Satnam Singh
alias Satta, s/o Mohan Singh, r/o Paowal, carried out by SHO Puran Singh of Patti
police station on 8 June 1992, under FIR no. 40/92. The post-mortem report is not
mentioned and the cause of death is said to be police encounter.
Gurnam Singh.
Forty-year-old Satnam Singh alias Satta, son of Mohan Singh and Preetam Kaur,
Manjit Singh
was a Mazhabi Sikh farmer resident of village Bhaowal, post office Kot Budha, in
Patti sub-division of Amritsar district. Married to Shinder Kaur, Satnam was the
father of four sons, who are now adults. As the owner of three acres of land, Satnam
had to work hard to raise his family. He also cultivated other peoples land on a
contractual basis.
Although a baptized Sikh, Satnam was also a member of a Sikh religious sect
called Bidhi Chandiye, which was based on strong pacifist ideals. Satnam was not
known to have any connection with the militant or political organizations. He had
never been arrested or interrogated by the police.
In the afternoon of 6 June 1992, Satnam had called a mechanic, Nishan Singh, to
repair his tube-well engine at his farm. He was busy with the work when a group of six
policemen, led by the in-charge of the police post Sabhra, arrested both Satnam and
his mechanic Nishan Singh. Within a few hours, when Satnams brother Gurnam
Singh and several other residents of his village went to the post at Sabhra, the
policemen told them that both the arrested persons had been sent to Patti police
station for interrogation. At Patti police station, Gurnam and his companions were
not allowed to enter.
Satnams family members kept on trying to meet senior police officials to request
them to ensure that their officers treated him according to the law, but to no avail.
On 8 June 1992, two Punjabi newspapers, Ajit and Jagbani, published a report
about an encounter near Sabhra village, announcing that a militant named Satnam
Singh Satta and his unidentified associate had been killed.
After reading the newspaper report, Gurnam Singh and other members of his
family went to the Civil hospital in Patti and managed to see Satnams body that had
been brought for a post-mortem. However, the policemen refused to return the body
to the family members and carried out the cremations without permitting them to be
present.
The CBIs list of unidentified cremations, Under serial no. 446/700, shows the
second cremation on 8 June 1992 carried out by SHO Pooran Singh of Patti police
station under FIR no. 40/92. The post-mortem report is marked as SLG-38/92 and the
cause of death is given as police encounter.
three cremations carried out by SHO Gurbhachan Singh of Tarn Tarans City
police station on 9 June 1992 under FIR no. 57/92. They are of [1] Ajit Singh, s/o
Mangal Singh, r/o Behla; [2] Lakhwinder Singh, s/o Chanan Singh Jat, r/o Warpal;
and [3] Harbhans Singh, s/o Mehr Singh Jat, r/o Sarhalli. The post-mortem re-
ports are marked as PS-24/92, OPG-18/92 and OPG-19/92. The cause of death is
reported as police encounter.
The committee has acquired the following informamtion regarding Ajit Singh,
Lakhwinder Singh and others through its incident report form nos. CCDP/00344,
00378 and 00379. The main informants are Ajit Singhs son Sukhdev Singh,
Lakhwinder Singhs father Channan Singh and other eye-witnesses in the village.
These three cremations and five others mentioned in the CBIs list of partially
identified cremations Under serial nos. 69/703, 70/704, 71/705, 72/706 and 73/708 are
connected with the killing of nine persons at Behla on 8 June 1992. Out of these nine,
three were militants and six were villagers unconnected with the militancy, but were
used by the security forces used as human shields to storm the house in which the
three militants were hiding. The body of one person killed in the encounter remains
unaccounted for. The committee has gathered the following information on these
cases from its incident report form no. CCDP/00343, 00344, 00378, 00379, 01374,
01375, 01376 and 01378.
On 8 June 1992 morning, a large mixed force, comprised of the Punjab police led
by SSP Ajit Singh Sandhu and Khubi Ram, SP (operations), and units of the army
and paramilitary, surrounded the old and abandoned house of Manjinder Singh, a
former member of the legislative assembly (MLA), in village Behla. Apparently, the
house was being used as a hideout by militants associated with Surjit Singh, s/o
Tarlok Singh from Behla village. One of his associates, 18-year-old Sukhdev Singh,
alias Maddi, son of Santokh Singh, was also from Behla. After completing his ma-
triculation, he had started working in a sugar mill at Sheron. The police often illegally
detained and tortured his elder brother Kulbir Singh for information because they
suspected him of having links with militants. Sukhdev Singh was unable to tolerate
the harassment of his brother and decided to become a militant himself. Later on, his
father Santokh Singh was abducted and disappeared by the police. The third asso-
ciate of Surjit Singh Behla was Harbans Singh, s/o Mehr Singh from Sarhalli in Tarn
Taran sub-division of Amritsar district.
Before storming the house, the police decided to round up seven or eight villag-
ers to walk in front of them and to act as human shields. The following are the names
of the six of those who got killed in the course of the operation that followed: [1]
Kartar Singh, s/o Aasa Singh; [2] Niranjan Singh, s/o Boor Singh; [3] Sakatter Singh,
s/o Niranjan Singh; [4] Lakhwinder Singh, s/o Channan Singh; [5] Gurmej Singh; and
[6] Ajit Singh, s/o Mangal Singh. The police randomly selected these people, and
this had nothing to do with suspicions of their possible involvement in the militancy.
For example:
Ajit Singh, from Behla village in Tarn Taran, was a 60-year-old man married
to Preetam Kaur and had seven children. He owned a horse driven cart and was
employed by a brick kiln owner to transport bricks to his clients.He had no political
or militant association, no criminal background and no enmity with anyone in his
village.
Ajit Singh had that morning carried a cartload of bricks to the house of Niranjan
Singh when the police came and forced him, along with Niranjan Singh and his sons,
to be part of the front column.
Niranjan Singh, a 55-year-old farmer, was married to Balwinder Kaur and had
three sons and a daughter. He was a devout Sikh, unconnected with any political or
militant organization and took care of his family by cultivating three acres of land and
selling milk from his buffalos.
Twenty-five-year-old Sakatter Singh was Niranjan Singhs son. He used to help
his father with the agricultural work and was married to Sharanjit Kaur and had two
daughters who are now barely teenagers. He had never been arrested before and had
no political or militant links. Sakatter Singh died in the police operation. His younger
brother Sukhchain Singh, also included in the front column, managed to escape but
not before getting seriously wounded.
Twenty-year-old Lakhwinder Singh, the youngest son of Channan Singh and
Gurmej Kaur, had no political or militant links or a police record. He was watering his
fields when the security forces picked him up and forced him to walk in front of them
forming human shield.
Kartar Singh, a 62-year-old farmer, was married to Iqbal Kaur and had four chil-
dren who are now adult. He also had no record of a political or criminal past.
After entering the house, the security forces discovered that it had a basement
but no door to enter it from inside. They started demolishing the floor that was also
the cellars roof. When the militants holed up inside opened fire, the police pushed
these six villagers to the front, and using them for cover, fired back. All of the six
persons who have been named died in this situation. Two others got seriously
injured. The encounter lasted around 30 hours.
Three militants, holed up in the cellar who also got killed, are: [1] Surjit Singh
Behla, s/o Tarlok Singh; [2] Sukhdev Singh Maddi, s/o Santokh Singh. Both were
from Behla village. [3] Harbans Singh, the third militant killed in the action, was a
resident of Sarhalli Kalan .
In the evening of June 9, the police extricated the bodies of all the people who
had been killed in the action without bothering to distinguish the militants from
those the police had used as human shields.
The next morning, the police told the media that they had killed nine militants in
the action. In the aftermath, several newspapers published stories questioning the
police claims and explaining how the six unconnected villagers had been pushed
into the jaws of death. Two others, wounded in the course of the operation, left to
fend for themselves. Embarrassed by the publicity, the Punjab government later
announced an inquiry, which was, however, never carried out.
The police cremated the bodies at Tarn Taran on 9 June 1992. Ajit Singhs
family members attended the cremation, however, other families were not allowed to
do so.
The CBIs list identifies the cremations of Ajit Singh, Lakhwinder Singh and
Harbans Singh, a militant and an associate of Surjit Singh Behla. Five others figure in
the partially identified list Under serial nos. 69/703, 70/704, 71/705, 72/706 and 73/708.
According to the list, SHO Gurbachan Singh of Tarn Taran city police station carried
out these cremations in the same case of encounter under FIR no. 57/92. The names
of those cremated are: [1] Surjit Singh, r/o Behla; [2] Sikkatar Singh, r/o Behla; [3]
Niranjan Singh, r/o Behla; [4] Madan Singh, alias Maddi; [5] Kartar Singh, r/o Behla.
Out of these, Surjit Singh and Madan Singh, alias Maddi, who must be Sukhdev
Singh Maddi, were the militants killed in the encounter. The other three, Sikkatar
Singh, Niranjan Singh and Kartar Singh had been picked up to serve as human
shields. Curiously, the CBI also duplicates the record of Niranjan Singhs cremation
Under serial no. 121/392. Here, it records Niranjan Singhs cremation as having
occurred over a year earlier than its actual date on 18 April 1991. The information to
identify all was not only available to the police but had also been published in
newspaper reports. Hence, it is not clear why the CBI decided to place them in the list
of partially identified bodies.
These cremations mentioned the identified and partially identified lists of the CBI
do not account for the body of Gurmej Singh, one of the six villagers forced to
become a human shield and killed. The CBIs list of unidentified cremations does not
show any cremation on 9 June 1992.
164. Under serial no. 192/713, the list identifies the cremation of Rashpal Singh
alias Palla, s/o Pratap Singh, r/o Harpal, PS Jandiala, carried out by SHO Subha
Singh of Valtoha police on 13 June 1992, under FIR no. 29/92. The post-mortem
report is marked SS-33/92 and the cause of death is given as police encounter.
Pratap Singh.
Twenty-year-old Rachhpal Singh, son of Pratap Singh and Wariam Kaur, was a
resident of village Varpal, Patti Nihale Ki, under Sultanwind police station, of Amritsar
district. Rachhpal had to drop out of school after class VIII to help his father with the
agricultural work because his only brother Jagtar Singh was then a junior commis-
sioned officer (JCO) with the 10 Sikh Regiment of the Indian army . His father could
not cope with the work by himself. Rachhpal was unmarried and had no criminal
background.
Early morning on 11 June 1982, the Valtoha police led by SHO Suba Singh, raided
Pratap Singhs house and drove away with Rachhpal after tying his hands behind
his back. The SHO refused to disclose why he was arresting Rachhpal and where
they were going to detain him. The same day, Pratap Singh, accompanied by other
villagers, went to several police stations including Valtoha, Sultanwind, Jandiala
Guru Amritsars Sadar police station and the Mall Mandi interrogation center. But
Rachhpal could not be found.
On the fourth day after Rachhpals abduction, a young Sikh boy from the same
village, who had also been illegally arrested on June 12 morning by Valtoha police,
came to Pratap Singh and told him that the police had interrogated his son at Valtoha
police station for a day and then killed him in a fake encounter. This boy also told him
that SHO Suba Singh had threatened him with elimination if he told anyone in the
village about Rachhpal. He also showed Pratap Singh a newspaper clipping of daily
Ajit, from its 14 June 1992 issue, which referred to the killing of an unidentified
militant in an encounter with the Valtoha police.
Hearing this, Pratap Singh approached some influential political leaders of Amritsar
and through them met SHO Suba Singh who brazenly denied having arrested or
killed his son.
Meanwhile, Rachhpals older brother Jagtar Singh persuaded his commanding
officer (CO) to write a letter to the SSP of Tarn Taran asking him if his police had taken
Rachhpal into custody. The SSP, in his reply, claimed that the police had not arrested
Rachhpal Singh and did not need him in connection with any case.
After some time, an officer from Varpal police station came to Pratap Singhs
house and made inquiries about other members of his family. According to Pratap
Singh, the Punjab police have created a list of all people who have been killed in fake
encounters and regularly visit their families to keep track of their relatives. Pratap
Singh discreetly asked this police officer about the circumstances in which his son
had been killed and found out that according to the FIR no. 29 dated 13 June 1992,
registered at Valtoha police station, Rachhpal Singh had been killed in an encounter
between Jodh Singh Wala and Kotli Wasava Singh villages.
Hearing this, Pratap Singh wrote several petitions to the NHRC at New Delhi and
also the Punjab Human Rights Commission at Chandigarh. Both of the commissions
replied that the matter did not come within their respective jurisdictions.
According to Pratap Singh, his wife Wariam Kaur was unable to cope with this
injustice. She fell ill and eventually died from inconsolable grief.
tions carried out by SHO Ashok Kumar of Jhabbal police station on 16 June 1992,
under FIR no. 16/92. The names of those cremated are: [1] Jassa Singh, s/o Charan
Singh, r/o Jamatpura; and [2] Dilbagh Singh alias Bagha, s/o Mohinder Singh, r/
o Mehmood Pura, PS Bikhiwind. The post-mortem reports are marked as PS-20/
92 and PS-29/92. The cause of death is described as bullet injuries.
The CCDP has acquired the following information about these cases through its
incident report form nos. CCDP/01546 and 01653. The main informants are the moth-
ers of the two victims, Dalbir Kaur and Sawinder Kaur alias Karam Kaur.
Twenty-four-year-old Dilbagh Singh alias Bagha, son of Mohinder Singh and
Sawinder Kaur, was a baptized Sikh farmer from village Margindpura, Patti Jagge Ki,
under Bhikhiwind police station in Patti sub-division of Amritsar district.
In the last months of 1989, the Bhikhiwind police raided his house several times
when Dilbagh was away from home, visiting some relatives. The police suspected
his links with militants and demanded that the family produce him for interrogation.
The family members, accompanied by village elders, took him to the police station
and he was, after several days of illegal custody and interrogation, charged with
several offences under TADA. Dilbagh Singh was released on bail nine months later
and resumed his normal life as a farmer. The police stopped harassing him for a while.
Suddenly in April 1992, the police raids resumed again. Dilbagh Singh feared
torture and dodged the police by keeping away from his house. During one of the
raids in the first week of June 1992, conducted by Jandiala Guru police station,
Dilbaghs younger brother Sarwan Singh, a truck driver, was picked up. He was killed
a few days later in a fake encounter.
Twenty-one-year-old Jaswant Singh alias Jassa, son of Charan Singh and Dalbir
Kaur, was a tailor and lived in Jagatpura village, post office Thathgarh, under Jhabbal
police station, in Tarn Taran sub-division of Amritsar district. After completing his
matriculation, he set up a tailor shop in his village. Jaswant was unmarried. Accord-
ing to his mother, Jaswant became involved with the militant movement in 1991 and
left home when the police began to raid his house to arrest him.
On 15 June 1992, the security forces found out that Jaswant Singh and Dilbagh
Singh were hiding in the village Jagatpura and conducted a joint operation involving
both the Indian army and the Tarn Taran police to nab them. After a house-to-house
search, the police party instructed all male residents of the village to assemble in an
open space. Then, on the basis of information provided by some residents of the
village, the police ordered Jaswant Singhs brother Avtar Singh and several other
village elders to form a human shield and to move ahead of the police force towards
a house where Jaswant and Dilbagh were believed to be hiding. In the course of
storming the house, the police force kept firing heavily. Jaswant Singhs brother
Avtar Singh, who was part of the human shield, was killed in the crossfiring . Jaswant
Singh and Dilbagh Singh were also killed. The police carried away all three bodies to
Jhabbal police station. Immediately, the families of the two brothers, Jaswant Singh
and Avtar Singh, and Dilbagh Singh rushed to Jhabbal police station where three
bodies were lying in its courtyard. The police officials refused to show them the
bodies and took the bodies away for post-mortem and cremation. The police also
refused to let the family members attend the cremation. They waited outside and
collected the ashes only after the police had left the site.
However, the commandant of the Indian army , in-charge of the Jhabbal military
camp office, asked Avtar Singhs wife and her family members to see him in his office
the next morning. This Army officer directed the senior police officials of Tarn Taran
to acknowledge that Avtar Singh was not a terrorist and had been killed in the
crossfiring . He also made the Tarn Taran police officials pay compensatory money
to Avtar Singhs widow.
The legal procedure followed to make this payment of compensation is not clear.
Also, the CBIs list of identified cremations does not show Avtar Singhs cremation.
No other list prepared by the CBI shows a cremation on this date carried out by
Jhabbal police.
According to Sawinder Kaur, Dilbaghs mother, her husband Mohinder Singh
could not cope with the death of both his sons and he died of a heart attack a few
months later.
tions carried out by the SHO of Jhabbal police station on 17 June 1992, under FIR
no. 68/92. The name of those cremated are: [1] Dalbir Singh, alias Bugha, s/o
Shinder Singh, r/o Panch Barh under police station Jhabbal; and [2] Baman, s/o
Mohinder Singh, r/o Panchbarh, PS Jhabbal. The post-mortem report numbers are
not mentioned. The cause of death is said to be an encounter.
The CCDP has got the following information from its incident report form nos.
CCDP/01396 and 01394. The main informants are Dalbirs mother Balwinder Kaur and
Mohinder Singh, the father of Narvinder Singh alias Baman.
Dalbir Singh was a resident of Panjwar village under Jhabbal police station of
Tarn Taran. He was 32, married and worked as a mason. His widow has now remar-
ried.
A local police informer, Kalu, learnt that Dalbir had developed some contacts
with militants active in the area. Dalbir was afraid of this and mostly stayed away
from the village.
On 25 May 1992, the police took his brother Kuldeep Singh into custody to force
Dalbir to surrender. Dalbir Singh sent a message to the police informer Kalu that he
would like to discuss his surrender if the police promised not to harass his family
members. On 15 June 1992, Dalbir, accompanied by Narvinder Singh, alias Baman, s/
o Mohinder Singh, a Mazhabi Sikh boy from the village, met Kalu in a farmhouse
within the village Panjwar. Narvinder Singh lived in Mazhabian Di Thathi of Panjwar
village. He was 24, unmarried and worked on the farm belonging to the family of
Paramjit Singh Panjwar, a well-known militant. Other than this, he had no connection
with the militancy and had no criminal record.
While they were still talking, a police force led by DSP Ashok Kumar and SHO
Suba Singh of Jhabbal police station surrounded the house and when Dalbir and his
companion tried to escape, the police force shot both of them dead. On 16 June 1992,
Ajit reported the killing of two militants in an encounter at Panjwar Khurd, but
identified only Dalbir Singh.
Dalbir Singhs brother Kuldeep Singh, abducted on 25 May 1992, also disap-
peared. Their father Surinder Singh was unable to bear the loss of both his sons and
died from grief six months later.
169 172. Under serial nos. 198/740, 199/741, 200/742 and 201/743, the list
identifies four cremations carried out by SHO Subha Singh of Valtoha police sta-
tion on 4 July 1992 under FIR no. 33/92. Names of those cremated are: [1] Jassa
Singh, s/o Sudh Singh, r/o Lakhar Singh; [2] Bekar Singh, s/o Sajjan Singh, r/o
Dhoot; [3] Jagtar Singh alias Jaggu, s/o Banta Singh, r/o Verowal; and [4] Mukhtiar
Singh, s/o Jarnail Singh, r/o Jamaspur. The post-mortem reports are marked as
KS-27/92, KS-24/92, KS 25/92 and KS-22/92. The cause of death is described to be
firearm injuries.
The committee has acquired the following informamtion regarding Bikkar Singh,
wrongly identified by the CBIs list as Bekar Singh, Jagtar Singh, and Mukhtiar Singh
through its incident report form nos. CCDP/01455, 01658 and 01659. The main infor-
mants are Bikkar Singhs widow and Nirmal Singh, the employer of Mukhtiar Singh.
Bikkar Singh, son of Sajjan Singh and Sawinder Kaur, was a 35-year-old Mazahabi
Sikh resident of village Toot, wrongly identified by the CBIs list as Dhoot, post
office Bhangala, under Valtoha police station in Patti sub-division of Amritsar dis-
trict. After completing his graduation from a college in Valtoha, Bikkar Singh worked
under a private doctor and then himself set up a medical clinic at village Bhandal in
Kapurthala district, a practice not uncommon in rural Punjab. A clean-shaven Sikh,
Bikkar Singh was married to Lakhwinder Kaur and had two daughters and a son.
According to Lakhwinder Kaur, her husband did not associate with any political or
militant groups and had never been arrested or interrogated.
Around 2:45 p.m. on 30 June 1992, SHO Suba Singh of Valtoha police station led
a large police force to raid Bikkar Singhs clinic at Bhandal village. The police was
accompanied by Lakhwinder Kaurs two brothers, Pooran Singh and Surjit Singh,
her sister Manjit Kaur and her mother Balwant Kaur who had been arrested from their
village at Sehbazpur two days ago. The police took Bikkar Singh into custody. They
drove him to his house and searched it thoroughly. Many villagers witnessed the
search and tried to persuade the police officials to release Bikkar Singh. However,
SHO Suba Singh left with him after completing the search, which did not lead to the
recovery of anything incriminating.
Lakhwinder Kaur immediately returned to her parents house at Sehbazpur to
discover that all her family members had been in the illegal custody of Valtoha police
for the last several days. However, the Valtoha police released all of them the night
after the arrest of Bikkar Singh. Lakhwinder Kaurs attempt to reach SHO Suba Singh,
over the next two days, to pursue the matter of her husbands illegal arrest remained
unsuccessful.
Thirty-year-old Jagtar Singh, son of Banta Singh and Piar Kaur, was also a
Mazhabi Sikh from village Toot, post office Bhangala, who, like Bikkar Singh, had
obtained medical training from a private doctor after finishing higher secondary
education and called himself a doctor. He also had opened a clinic at village Bhandal
in Kapurthala district. Jagtar was married to Ninder Kaur. His successful medical
practice allowed him to shift his family to a private house in Mohali, part of the Ropar
district, in the outskirts of Chandigarh.
According to Lakhwinder Kaur, the Valtoha police arrested Jagtar Singh from his
house in Mohali some hours after taking her husband Bikkar Singh into custody.
The third arrest made by the Valtoha police in connection with these cases pro-
vides the necessary link to the cremation of Mukhtiar Singh, s/o Jarnail Singh men-
tioned in the CBI list Under serial no. 201/743. This was the arrest of Sukhwant Singh
alias Ghukk, son of Mohan Singh and Darshan Singh, resident of Rangana Farm,
post office Amb Wali, under Jujhana police station, in Karana sub-division of
Muzaffarnagar district in Uttar Pradesh. Thirty-five-year-old Sukhwant Singh had
purchased agricultural land in village Amb Wali in Muzaffarnagar district and had
settled down there several years ago. He was married to Joginder Kaur and had two
sons, Jagjit Singh and Bikramjit Singh, who are now almost 20.
Having settled in Uttar Pradesh, Sukhwants only connection with Punjab was
through his relatives whom he used to visit occasionally. The Jalandhar police had
arrested and killed one of his brothers, Kashmir Singh, in 1987. This was one of the
reasons why he had migrated from Punjab.
In the last week of June 1992, Sukhwant was visiting his sister in village Jamastpur
in Tarn Taran sub-division of Amritsar district. On June 28, a large police force
comprising officers from Patti and Valtoha police stations and also the CRPF person-
nel raided his brother-in-law Nirmal Singhs house and arrested Mukhtiar Singh, s/o
Jarnail Singh, a Mazhabi Sikh of Jamastpur village, who used to work for Nirmal
Singh as a farm laborer. Finding Sukhwant there and realizing that he was not a local
resident, the police also took him into custody, promising to release him after verify-
ing his antecedents. All subsequent efforts made by Nirmal Singh to secure his
release failed.
In the night intervening 3 and 4 July 1992, the Valtoha police staged an encounter
near village Bahadar Nagar to declare that five militants had been killed. Several
newspapers published reports about the encounter, based on a police handout that
identified only four of those killed, as Jassa Singh, s/o Sudh Singh; Bikkar Singh, s/
o Sajjan Singh; Jagtar Singh, s/o Banta Singh; and Mukhtiar Singh, s/o Jarnail Singh.
Bikkar Singhs relatives were allowed to identify his body at Valtoha police station,
but not permitted to attend his cremation which was carried out by the police.
The CBIs list of unidentified cremations, Under serial no. 461/744, shows that
SHO Suba Singh of Valtoha police station also carried out Sukhwants cremation
under FIR no. 33/92 by declaring him to be unidentified. His post-mortem report is
marked as KS-28/92 and the cause of death is given as firearm injuries. Sukhwants
story is summarized in an appropriate section earlier.
173. Under serial no. 203/758, the list identifies the cremation of Gurmeet
Singh alias Jeeta, s/o Mehtar Singh, r/o Talwandi Subhe Singh, carried out by
SI Sitaram of Harike police station on 13 July 1992, under FIR no. 32/92. The
post-mortem report is marked as SIG-57/92 and the cause of death is given as
firearm injuries.
its incident report form no. CCDP/01691. The main informant is the victims aunt
Joginder Kaur.
Twenty-eight-year-old Gurmeet Singh, son of late Mehtab Singh and late Gurnam
Kaur, was a farmer living in village Talwandi Sobha Singh, post office Ghariala, in
Patti sub-division of Amritsar district. The CBI has incorrectly recorded his fathers
name. Whereas Gurmeets father and brother died while he was alive, his mother
Gurnam Kaur passed away in 2002. His sister, the only living family member, stays in
at village Ittan Wali in Ferozepur district.
Gurmeet was an Amritdhari Sikh. The police arrested him in 1991, on the suspi-
cion that he had links with militants. Due to repeated police harassment and house
raids, Gurmeet Singh left home in early 1992. In July 1992, the police arrested Gurmeet
Singh from a farmhouse at village Toot. His family did not learn about his arrest.
Other villagers of Talwandi Sobha Singh, also arrested by Valtoha police, saw Gurmeet
in custody. In fact, the police had arrested these people because Gurmeet named
them during his interrogation.
On 13 July 1992, the Punjabi daily Ajit reported that four militants were killed in an
encounter near Kirtowal. One of the militants was identified as Gurmeet Singh alias
Meeta.
174. Under serial no. 204/765, the list identifies the cremation of Sukhwinder
Singh, s/o Sardool Singh Jat, r/o Nadohar, PS Harike, carried out by SI Sita Ram
of Harike police station on 14 July 1992, under FIR no. 33/92. The post-mortem
report is marked as SS-34/92. The cause of death is given as police encounter.
port form no. CCDP/01586. The main informant is the victims cousin-brother Malkeet
Singh.
Twenty-year-old Sukhwinder Singh, son of Sardool Singh and Jagir Kaur, was a
resident of village Nadohar, post office Bathe Bhaini, under Harike police station, in
Patti sub-division of Amritsar district. The youngest of three brothers, Sukhwinder,
studied till matriculation and set up a grocery store in his village. He was unmarried.
Early in 1990, Sukhwinder got involved in a family fight and grievously wounded
his mother who later succumbed to the injury. Although the family members did not
report the incident to the police, Sukhwinder, overcome by fear and remorse, left
home and joined the ranks of the militants. The police started raiding his house,
detaining and interrogating various family members for information about his where-
abouts.
On 10 July 1992, Sukhwinder was arrested in Patti city from the house of a family
originally from Nadohar village. Informed about the arrest, his family members went
to Patti police station but were unable to talk to the SHO or any other responsible
officer. Some constables at Patti police station told them that the police were interro-
gating Sukhwinder at the CIA staff interrogation center in Patti.
On 15 July 1992, several newspapers published a report about the killing of
Sukhwinder Singh in an encounter with the Harike police near village Booh. The
police had already carried out the cremation.
175 176. Under serial nos. 205/773 and 206/774, the list identifies cremations
carried out by the SHO of Tarn Tarans city police station on 21 July 1992, under
FIR no. 85/92. They are of: [1] Salwinder Singh, s/o Jagir Singh, r/o Bazar Tarn
Taran; and [2] Kulwant Singh, s/o Tarlok Singh, r/o Padri Kalan. The post-mortem
reports are marked as SN-22/92 and SN-21/92. The cause of death is given as
bullet injuries.
The committee has gathered the following information about Salwant Singh,
wrongly identified as Kulwant Singh in the CBIs list, through its incident report form
no. CCDP/01581. The main informant is Gurnam Singh, the victims uncle.
Fifty-year-old Salwant Singh, son of Tarlok Singh and Surjit Kaur, was a farmer
resident of village Padhri Kalan, Patti Bharu Ki, under Jhabbal police station, in Tarn
Taran sub-division of Amritsar district. He was married to Pal Kaur and had two
daughters and a son. The eldest daughter, Sukhraj Kaur, is now 25.
After completing his school education, Salwant had joined the army . Six years
later, he had to take premature retirement as his family was unable to manage the
agricultural work on its own. Salwant had nothing to do with either politics or the
militancy and he had never been arrested by the police.
On 29 June 1992, ASI Nachhatter Singh of Manochahal police post came looking
for Salwant. That day, Salwant Singh had gone to the city along with his cousin
Bakhshish Singh for shopping. When the family members told the ASI about it, he
asked them to produce him before the police as soon as he returned. ASI Nachhatter
Singh returned to the police station taking Kabal Singh, Salwants cousin, into cus-
tody as a hostage.
The same evening, around 4 p.m. Salwant Singh and Bakhshish Singh presented
themselves at the Jhabbal police station. The police took Salwant into custody and
released Kabal Singh the next morning. When Salwants family wanted to give him
some tea, a head constable at Jhabbal police station told them that he had been sent
to the CIA staff interrogation center at Tarn Taran. At the interrogation center, they
were unsuccessful in meeting Salwant. Inspector Gurdev Singh refused to meet them
or answer their requests.
On 21 June 1992, an officer at the CIA interrogation center told the family waiting
outside that Salwant was not there and that they should not waste their time. The
same day, the family found out that the Tarn Taran police had killed two alleged
militants in an encounter near village Manochahal and were about to take the bodies
away for their cremation. A doctor at the Civil hospital in Tarn Taran, who had
performed the post-mortems, confirmed that one of the persons killed was Salwinder
Singh. The family also noticed a report in the daily Ajit that named Kulwant Singh
and Salwinder Singh as the two militants who were killed by the police in an alleged
encounter near village Daleka. According to the family members, the police had
intentionally corrupted Salwant Singhs name. They say that the police also dis-
torted the identity of the second person killed in the same encounter. The newspaper
reported his name to be Jatinder Singh. The CBIs list records the name Salwinder
Singh as a resident of Tarn Taran Bazar. This too, according to the Salwants family
is wrong. Salwinder was a resident of their own village Padhri Kalan and the son of
Jagir Singh, panchayat secretary.
The police terror was at its peak in those days and Salwants family was
unable to challenge his illegal arrest and elimination. According to Guran
Singh, Salwants uncle at Padhri Kalan, his parents could not continue to live in
the village after the incident and moved to Ferozepur district after selling off their
property.
177. Under serial no. 207/785, the list identifies the cremation of Harish Singh, s/
o Gurwant Singh, r/o Sirhindpura, carried out by SHO Ramnath of Verowal police
station under FIR no. 35/92 on 28 July 1992. The post-mortem number is PK-41/
Through its incident report form no. CCDP/01475, The committee has acquired
the following information. The main informant is the victims brother Kuldeep Singh.
Hari Singh, alias Harish Singh, s/o Gurwant Singh from Margindpura under
Bhikhiwind police station in Patti sub-division of Amritsar district, was a 22-year-old
boy who, after finishing his matriculation, trained as a compounder under a private
doctor and then set up his own clinic at Ghariala. Hari Singh did not have any
political or militant background nor any police record.
Around 25 July 1992, Hari Singh had gone to Patti to buy some medicines for his
clinic. According to the informant Kuldeep Singh, Hari Singhs brother, Goindwal
police led by SHO Surinder Singh took Hari Singh into custody, along with Gurdial
Singh of Baggewal village in Ferozepur, when they were drinking tea at a stall near
the railway crossing in Patti. Some residents of Margindpura village who had wit-
nessed the arrests informed Hari Singhs family members who, along with the village
elders, tried to meet the SHO Goindwal the next day. The SHO met them only on July
28, the third day after the arrest, and told them that Hari Singh had already been
killed. Learning that the bodies had been sent for cremation, the family members and
their sympathizers rushed to the cremation ground. The bodies had been set aflame
and they were unable to identify them.
The next day, the Punjabi newspapers carried a report about their killing in an
encounter that had supposedly taken place near village Jauhal-Bhail.
Kuldeep Singh is emphatic that the other person killed along with his brother was
Gurdial Singh of Baggewal village in Ferozepur district. However, the CBIs lists of
those identified and partially identified do not show the cremation of Gurdial Singh
on 28 July 1992. The partially identified list, Under serial no. 86/786, shows the
cremation of Balwinder Singh, r/o of Malian on 28 July 1992, requisitioned by SHO
Ram Nath in the case under the same FIR number. The common FIR number leaves
us in no doubt that the body belonged to the second person arrested and killed in
the case. How does Gurdial Singh of Baggewal village in Ferozepur district become
Balwinder Singh of Malian village? We do not know. The case requires more
research.
three cremations carried out by inspector Subha Singh of Valtoha police station on
29 July 1992, mentioned under FIR no. 38/92. They are of: [1] Jagtar Singh, s/o
Jogga Singh, r/o Bhuga; [2] Sukhdev Singh, s/o Resham Singh, r/o Shaheed; and
[3] Sawinder Singh alias Shinda, s/o Balla Singh, r/o Bundala. The post-mortem
reports are marked as SLG-63/92, SLG-64/92 and SLG-65/92. The cause of death
in all the cases is given to be police encounter.
The committee has gathered the following information on Sukhdev Singhs case
mother Manjit Kaur.
Twenty-eight-year-old Sukhdev Singh alias Sukha, son of Resham Singh and
Manjit Kaur, was a resident of Shaheed village in Patti sub-division of Amritsar
district. The eldest of two brothers and a sister, Sukhdev, a baptized Sikh, worked on
his family farm and had no links with the political or militant movement then raging in
Punjab. He had never been arrested. He was unmarried.
On 28 July 1992 morning, Sukhdev Singh went to see his sister at village Kalsia.
On the way, he was arrested by the police from the Kairon police post under PS Patti.
The family came to know about the arrest when a large police force from Kairon
police post, supported by a unit of the CRPF, raided his village home around 11 a.m.
Sukhdev Singh, who had already been tortured severely, was with the police to
assist with the search operation. The police force carried out a thorough search for
the next several hours, but they did not recover anything incriminating. Several
neighbors, as well as family members, saw Sukhdev Singh in police custody. After
the search operation, the police took Sukhdev Singh away along with his uncle,
Swaran Singh.
The following day Sukhdevs mother Manjit Kaur, accompanied by several mem-
bers of the village council, went to Kairon police post and pleaded with the officers
to release her son. The police would not release Sukhdev, but they did release his
uncle Swaran Singh. Family members continued to do the rounds of Kairon police
post for the next several days, but they were not allowed to enter the compound and
no officer spoke to them.
Until the CCDP members visited the family to investigate the case, the family
had no formal knowledge about what happened to Sukhdev Singh after his arrest
by Kairon police post and the search of his house on 28 July 1992. The committee
members informed Manjit Kaur about the CBIs list of identified cremations
that shows that inspector Subha Singh of Valtoha police station carried out his
cremation along with two others on 29 July 1992. Sukhdevs mother and other family
members broke into tears after hearing this. However, the information did not come
as a real shock since they had read a newspaper report on 30 July
1992, stating that three militants had been killed in an encounter with the Valtoha
police. According to Manjit Kaur, the newspaper report identified only two persons,
declaring the third to be unidentified. The two persons identified by newspaper
reports were:
[1] Sawinder Singh, s/o Bala Singh, resident of Bundala village; and
[2] Jagtar Singh, s/o Joga Singh, resident of Bugga village.
According to Manjit Kaur, in two separate incidents, the police also arrested and
killed two of Sukhdevs uncles. Their names are: [1] Balkar Singh, s/o Hari Singh of
Jand village; and [2] Santokh Singh, s/o Guran Singh, resident of Luhka village.
181. Under serial no. 211/792, the list identifies the cremation of Salvinder Singh
Shinder, s/o Malkit Singh, r/o Waring Suba Singh, carried out by SHO Gurbhachan
Singh of Tarn Tarans city police station on 2 August 1992, under FIR no. 91/92.
The post-mortem report is marked as KK-52/92. The cause of death is given as
police encounter.
form no. CCDP/01617. The main informant is Malkeet Singh, the victims father.
Twenty-year-old Salwinder Singh, son of Malkeet Singh and Jasbir Kaur, was a
college student from village Waring Suba Singh, Patti Barian Wali, under Verowal
police station, in Khadur Sahib sub-division of Amritsar district. The youngest of
the three brothers, Salwinder had finished higher secondary education and had
enrolled himself at the Khadur Sahib College in early 1992 when the Verowal police
raided his house with the intention of arresting him. Salwinder was not at his home at
that time. The police instructed his family members to produce him for an interroga-
tion, but Salwinder was afraid of torture and left his house to stay with his friends.
The police started harassing his family members, detaining and torturing them for
information about Salwinders whereabouts.
On 2 August 1992, the police killed Salwinder on the main street of Tarn Taran
city as he walked with some of his friends. A passing police patrol recognized him
and shot him down. By the time the family came to know about Salwinders death,
the police had already cremated his body.
His father Malkeet Singh seemed terrifed to talk about the incident and said that
he was not interested in taking any legal action in the matter.
tions carried out by SHO Ashok Kumar of Jhabbal police station on 15 August
1992, mentioned under FIR no. 91/92. They are of: [1] Paramjit Singh, alias Pamma,
s/o Sucvha Singh, r/o Nowsherra Dalla Khassa; and [2] Narinder Pal Singh, s/o
Hari Singh, r/o Kasail Khasa. The post-mortem reports are marked as KSA-17/92
and KSA-18/92. The cause of death is mentioned as bullet injuries.
The CCDP has gathered the following information regading Paramjit Singh
through its incident report form no. CCDP/01421. The main informant is Shindo, the
victims mother.
Paramjit was a 16-year-old Mazhabi Sikh boy from Naushehra Dhala village un-
der Gandiwind Saran police station in Tarn Taran. His father Sucha Singh had died
when Paramjit was very young and his mother Shindo raised him under great finan-
cial hardships. Paramjit did not attend school, but worked as a casual laborer. He was
drawn to the militant movement and may have developed some clandestine contacts
with its members.
On 16 August 1992, the Punjabi daily Ajit carried a report about an encounter
near Bhojia village in which the police had supposedly killed Paramjit Singh Pamma
and Narinder Pal Singh Nitu, s/o Hari Singh, resident of Kasel. The family members
were not informed about the cremation and they never saw the body. According to
Shindo, Paramjit Singhs mother, the Tarn Taran police already had her son in their
custody and had faked the encounter, but she has no evidence to establish her
suspicion. Fear, poverty and illiteracy prevented the family from pursuing the case.
184 185. Under serial nos. 223/837 and 224/838, the list identifies two
cremations, carried out by SHO Govinder Singh of Valtoha police station on 11
September 1992, under FIR no. 52/92. They are of: [1] Resham Singh, s/o Swarn
Singh Jat, r/o Deriwal; and [2] Jaspal Singh alias Jassa, s/o Nirmal Singh Jat, r/o
Dariwal. The post-mortem reports are mentioned as KS-56/92 and KS-57/92. The
cause of death is mentioned as police encounter.
incident report form no. CCDP/01569 and 01568. The main informants are the victims
fathers, Swaran Singh and Nirmal Singh.
Twenty-one-year-old Resham Singh, son of Swaran Singh and Jagir Kaur, was a
resident of village Dhariwal in Patti sub-division of Amritsar district. Older of two
brothers, he dropped out of school after class VIII to help his father with the agricul-
tural work. He married Balwinder Kaur and fathered a daughter, Ranjit Kaur, who is
now 10. His widow has since remarried. Balwinder Singh and his family members had
no political or militant affiliations and had never been arrested or harassed before his
execution.
Nineteen-year-old Jaspal Singh, son of Nirmal Singh and Dalbir Kaur, from the
same village, had also given up school after class VII and was engaged in agricul-
tural work. Jaspal was also a poetry enthusiast and specialized in reciting heroic
poetry of old martyrs who had died facing state tyranny and persecution when
Punjab was under the Mughal, the Afghan and the British rules. He used to receive
invitations to recite his poetry at the commemorative ceremonies organized for those
killed in the custody of security forces. The police considered his poetry recitation
offensive and had arrested and tortured him a few times. They did not, however,
implicate him in false criminal cases.
One morning around 6 a.m. in end of July 1992, the Ghariala police led by ASI
Nirmal Singh arrested Resham Singh from his house and then went to Jaspal Singhs
house. Jaspal, however, had gone to serve tea to the agricultural laborers in his
fields. The policemen forced his father to come along with them to his fields and
arrested Jaspal. The Ghariala police told the families that both the boys would be
interrogated at Patti police station. The families reached Patti police station where
they could not get any information about their boys and were told to inquire at
Ghariala police post. At Ghariala police post, ASI Nirmal Singh told them that he had
handed over both Resham and Jaspal to the Valtoha police. The families, accompa-
nied by village elders, then went to Valtoha police station, but the police did not
allow them to enter the station. As the families could not make any headway in
tracing the boys, they approached the local Congress legislator, Gurchet Singh, for
help. Gurchet later claimed to have met the police officers and gave the assurance
that Resham and Jaspal would not suffer any harm. The Congress legislator also told
the families that both of the boys were being held at Valtoha police station in connec-
tion with the investigation of a case. The family members were, however, unable to
meet them although they waited outside the police station for several hours a day
over the next five weeks.
In the morning on 11 September 1992, friends of the families told them about an
encounter near village Jand in which two young Sikhs had reportedly been killed.
Immediately, members of both the families went to the Patti Civil Hospital. Resham
Singhs father Swaran Singh managed to enter the hospital and he identified the
bodies of Resham Singh and Jaspal Singh. The police carried out the cremations and
did not allow the families to be present there.
On 12 September 1992, the daily Ajit published a report about the encounter near
village Jand in which the police claimed to have killed two unidentified militants.
The families were helpless and could not do anything to demand justice. Even
now, they fear retribution if they raise their voices.
186. Under serial no. 226/844, the list identifies the 17 September 1992 cremation
of Manjinder Singh alias Shamsher Singh alias Shera, s/o Jasbir Singh, r/o
Muchhal, carried out by SI Ragbir Singh of Harike police station under FIR no. 46/
92. The post-mortem report is marked as SLG-84/92. The cause of death is given as
police encounter.
its incident report form no. CCDP/01556. The informant in this case is Jawahar Singh,
the correct name of the victims father, which the CBIs list incorrectly records as
Jasbir Singh.
The CBIs list also falsifies the name of their native village as Muchhal. The name
of the village is Manochahal under Jhabbal police station in Tarn Taran sub-division
of Amritsar district. Twenty-one-year-old Manjinder, alias Shamsher Singh, was the
son of Jawahar Singh and Manjit Kaur, from Manochahal village. He was a high
school student and also a follower of Gurbachan Singh Manochahal, a well-known
Sikh militant leader.
The police used to raid his house frequently because of this connection and
arrest his close family members for interrogation under torture for long periods of
time. Even his grandparents and uncles were not spared.
Several members of the family, including his father Jawahar Singh, uncle Kashmir
Singh and brother Major Singh, were in illegal custody at the CIA staff interrogation
center of Tarn Taran when Manjinder was arrested from a house in Roore Asal
village on 12 September 1992. The police brought him to the interrogation center at
Tarn Taran and brutally tortured him for days in the presence of his family members.
They released his family members a week later.
On 17 September 1992, the daily Ajit published a report about an encounter
between Alipur and Nabipur villages in which the Harike police had supposedly
killed three militants. Two of them were identified as Manjinder Singh of Manochahal
and Thakar Singh Pamma of Rasoolpur. The report declared the third militant slain in
the encounter as unidentified.
The CBIs list of partially identified cremations, Under serial no. 91/843, records
the cremation of Avtar Singh alias Thakur Singh alias Pappu, r/o Rasoolpur, on 17
September 1992, under FIR no. 46/92 of Harike police. The post-mortem report is
marked as SLG-83/92. Avtar Singhs story is summarized in the appropriate section.
The unidentified cremation of the same day is recorded in the CBIs third list of
unidentified cremations, Under serial no. 529/845.
The police did not allow the families to attend the cremations.
tions on 19 September 1992, carried out by SHO Ashok Kumar of Jhabbal police
station under FIR no. 102/92. They are of: [1] Balwant Singh, s/o Mohinder Singh,
r/o Kasail; and [2] Malkeet Singh, s/o Sardool Singh, r/o Pandori Ramana. The
post-mortem reports are marked as KSA-25/92 and KSA 26/92. The cause of death
is mentioned as police encounter.
the following information regarding Balwant Singhs case. The main informant is the
victims brother Jaswant Singh.
Twenty-year-old Balwant Singh, s/o Mohinder Singh, was from village Kasel,
Maane Ki Patti, under Jhabbal police station in Tarn Taran. His father Mohinder
Singh had died when Balwant was young. Balwant went to school and became
known as a good hockey player. He passed the matriculation examination before
deciding to settle down as a farmer and support his family by cultivating three acres
of the family land.
Balwant Singh was also a baptized Sikh and very religious-minded. He sympa-
thized with the militant movement but was not directly involved with it. However, the
police registered a case against him under TADA and sent him to jail where his
sympathies for the militant cause further strengthened. After his release on bail,
Balwant Singh decided to join the militant movement.
Balwant Singhs decision led to great hardships and sufferings for his family.
The police from Jhabbal, Lopoke and Amritsar began to raid his house frequently.
Not finding Balwant Singh, they would take away other family members, including
the women, for interrogation and torture. Often, the police held the family members
in illegal custody for months together. To escape these atrocities, the family began
to live with relatives away from the village. Once during their absence from the
village, the police demolished their house.
On 19 September 1992, several Punjabi papers reported an encounter near vil-
lage Aima Khurd under Jhabbal police station in which the police allegedly killed
Balwant Singh and one of his unidentified accomplices. Balwant Singhs family
members did not see his body, nor were they able to attend his cremation. The fear
of the police was so overpowering that that they did not dare to return to their
house for one-and-a- half months after the newspapers published the news of
Balwants death. They do not know if he died in a genuine encounter or whether
the police killed him in custody and orchestrated an encounter to cover up his
murder. The Punjabi daily Ajit had reported that the second militant killed along
with Balwant Singh was unidentified. In the CBIs list, the second cremation under
FIR no. 102/92 carried out by SHO Ashok Kumar on 19 September 92 is identified
as of Malkeet Singh, s/o Sardool Singh, r/o Pandori Ramana. Our informant Jaswant
Singh, who is Balwant Singhs brother, maintains that the second person killed in
the same encounter was Sukha, a resident of village Mianpur under Jhabbal police
station.
Singh, alias Sukha, s/o Banta Singh, r/o Thathu Khurd, carried out by SI Raghbir
Singh of Harike police station on 24 September 1992, under FIR no. 48/92. The
post-mortem report is marked as SLG-93/92. The cause of death is given as police
encounter.
The CCDP has got the following information about the case through its incident
report form no. CCDP/ 01493. The main informant is the victims father Banta Singh.
Sukhwinder Singh, alias Shinda, was from Thathian Khurd village, post office
Harike under Patti sub-division of Amritsar district. His father Banta Singh is a small
farmer and had three sons and four daughters. Sukhwinder Singh was the eldest.
Sukhwinder was bright in his studies and earned a B. A. degree before deciding to
share the responsibility of agricultural work with his father. He married Harmeet Kaur
from Agra and had two daughters who are now 14 and 11. Sukhwinder was a bap-
tized Sikh and had no political links. The police never filed a case against him. At the
time of his murder, Sukhwinder Singh was 25.
On 22 September 1992, a joint force of the CRPF and the Punjab police force led
by SHO Raghbir Singh of Harike police station cordoned off the village of Thathian
Khurd suspecting that a group of militants had taken shelter in the village.
Around 3 p.m. Sukhwinder was standing near the village gurdwara, along with
many others from the village when the police force under SHO Raghbir Singh caught
hold of him and started beating him. The SHO accused him of having met some
militants but Sukhwinder denied it. The SHO dragged Sukhwinder inside the gurdwara
and started torturing him there. All the villagers heard his shrieks. Sukhwinders
sister Sukhwant Kaur came running in, lay down over her brother and pleaded with
the SHO and other officers not to torture him further, but they pushed her away.
Sukhwinder was stripped naked and tortured brutally. This all happened in the vil-
lage gurdwara in front of Sukhwant Kaur. Some policemen dragged Sukhwinder into
a police vehicle even as Sukhwinders mother came running and tried to stop them.
But the SHO kicked her away, and abused her with filthy language.
Within an hour of the police taking Sukhwinder away, his mother Amar Kaur,
uncle Harbans Singh and several other villagers reached Harike police station. But
the SHO had already left for another place after locking up Sukhwinder in the police
station. They cajoled the policemen on duty to hand him some milk and food, and
also some fresh clothes. The policemen allowed milk and food but refused to take the
clothes.
On 23 September 1992 morning, Harbans Singh and Amar Kaur met SHO Raghbir
Singh at the police station and pleaded with him to release Sukhwinder Singh or
present him before a court. When Harbans Singh placed his turban at the SHOs feet
to beseech him, the SHO kicked the turban away and asked him not to talk to him
about the boy. Further, he told them to get ready to collect his ashes. Crestfallen,
they left the police station and did not know what to do.
Early morning on September 24, Amar Kaur went back to the police station and
asked a nearby food vendor to take tea for son in the police station if the constables
had permitted it. The vendor told her that a policeman had returned his glass of tea.
Soon the word spread that the police had killed her son in an encounter fake at
village Booh around 5 a.m. and that his body had been sent for post-mortem to Patti
civil hospital. Amar Kaur along with other relatives and villagers rushed to Patti and,
at the hospital, confirmed that Sukhwinders body was lying in the mortuary. They
also checked the hospital records and found out that Sukhwinders body had been
registered.
By now a large number of people from the village had gathered there. ASI Balwant
Singh came there with a large force and ordered everyone to leave. He threatened to
shoot them if they stayed. Scared, the crowd dispersed. The police did not allow the
family members to attend the cremation.
On 25 September 1992, Punjabi newspaper Ajit published the police version of
the encounter. According to the story, Harike police led by its SHO were conducting
a search operation in a ravine part of the area under its jurisdiction when three
militants hiding in the bush opened fire. The police retaliated, killing one militant.
Others managed to escape. The killed militant was identified as Sukhwinder Singh
alias Chhinda, son of Banta Singh, from Thathian. According to the news report, a
double-barrel gun with cartridges and another 12-bore gun were recovered from the
site of the incident.
Immediately thereafter, Sukhwinders sister who had witnessed his torture at the
gurdwara suffered a stroke and lost her speech. After prolonged treatment, she has
now begun to speak but goes into a fit on seeing anyone in a khaki uniform.
Sukhwinders widow Harmeet Kaur, along with her daughters, moved back with
her parents and our informant, Banta Singh, i.e. Sukhwinders father, does not know
if she has remarried or not.
190. Under serial no. 230/855, the list identifies the cremation of Surjeet Singh, s/
o Sajan Singh, r/o Khalra, carried out by SHO Harbinder Singh of Bikhiwind
police station on 25 September 1992, under FIR no. 71/92. The post-mortem report
is marked as KS-70/92 and the cause of death is given as firearm injuries.
Sita Rani.
The CBIs list gives the victims name incorrectly as Surjit Singh. His name was
Gurjeet Singh. Twenty-two-year-old Gurjeet Singh was the only son of Sajjan Singh
and Sita Rani who lived at Hata Bhagdeen of Khalra village in Patti sub-division of
Amritsar district. They were a family of Khatri Sikhs. His mother was a Hindu and
continued to practice her religion. This caused some tension within the village whose
militant Sikhs accused her of practicing sorcery. For this reason, she had to shift her
residence to Amritsar city where she still lives at House No. 8, Gill Wali Gate, Bhagtan
Wala, Guru Ram Das Nagar, near SD School, Amritsar.
After completing his matriculation, Gurjeet was employed as a foreman at a rice
shelling factory where his father also worked. He married Sukhwinder Kaur, but they
did not have children yet. Sukhwinder Kaur has since remarried.
On 5 July 1990, the Bhikhiwind police arrested Gurjeet while he was returning
home after work at the factory. The police had picked him up merely because they
were suspicious that he had married just a week before. He was brutally tortured and
implicated in a case under TADA. The police concocted a story of arresting him
following an encounter. Gurjeet had to remain in jail for one year until his release on
bail. On 9 September 1991, three days after his release from jail, Gurjeet Singh left his
house to resume his work at the factory, but did not return home.
The next morning, a relative, Satinder Singh Sodhi of Jhabbal village, came to the
house to convey the message that Gurjeet has again been arrested by Amritsars
Sadar police near Putlighar Chowk. The same day, Sita Rani along with her brother
Hardeep Singh, who was a policeman, went to Sadar police station whose officials
denied having Gurjeet in their custody. Someone then suggested that the police
might have transferred him to the B. R. Model School interrogation center. Sita Rani
then went to the interrogation center and talked to DSP Gurdev Singh who also
denied Gurjeets custody. According to Sita Rani, one person who was considered
very close to DSP Gurdev Singh, had demanded Rs. 20,000 for Gurjeets release, but
backed out when she demanded to see her son first.
Sita Rani and her husband continued to search for their son at various police
stations throughout the district. They also submitted written applications to high
functionaries of the Indian government, including the governor and the chief minis-
ter of Punjab, but did not receive any response. Their search and attempts to find him
continued for many years under the desparate belief that he may yet be alive.
Gurjeet had disappeared in September 1991. The CBIs list shows his cremation
on 25 September 1992. Sita Rani suspects that Jasbir Kaur Pasho, a woman from
Khalra village who had first informed the family about Gurjeets arrest on 10 Septem-
ber 1991, may have played a part in the abduction and disappearance of her son, but
there is no evidence to prove this.
The CBIs list of cremations shows that Gurjeet was cremated by SHO Harbinder
Singh of Bhikhiwind police on 25 September 1992, and is mentioned under the FIR
no. 71/92. The CBIs third list, Under serial no. 534/854, shows that the SHO per-
formed one other unidentified cremation listed under FIR no. 71/92 that same day.
We have identified this cremation to be of Sarwan Singh, son of Gurmej Singh and
Harbans Kaur. His case is discussed in the relevant portion of this report. Why were
the two unrelated people mentioned as cremated under the same FIR no.?
191. Under serial no. 231/859, the list identifies the cremation of Ranjit Singh,
alias Raju, s/o Sewa Singh, r/o Kaler, carried out by SI Resham Singh of Tarn
Tarans city police station (date) under FIR no. 112/92. The post-mortem report is
marked as KK-60/92 and the cause of death is given as police encounter.
The committees incident report form no. CCDP/
00771 has the following information. The main infor-
mant is the victims father Sewa Singh.
Twenty-six-year-old Ranjit Singh, alias Raju Bhullar,
employed by the Punjab Roadways as a conductor,
used to live in Village Kaler Mangat, PO Luddar under
Majitha police station in Amritsar district. He was un-
married.
On 12 September 1992, around 7:30 a.m. a team of
Tarn Taran police came to Mangat Kaler and arrested
Ranjit Singh as he was walking back to his house with
his father Sewa Singh. They told Sewa Singh that the
SSP of Tarn Taran wanted to see Ranjit Singh and that
he could come to the office to find out why.
On 13 September 1992, Sewa Singh met SSP Ajit Singh Sandhu as he was leaving
his office. Sandhu told him that his son was required in connection with an investi-
gation and would be released after interrogation.
On 19 September 1992, around 1 p.m. Tarn Taran police came with Ranjit Singh to
Ranjit Singh
his house and conducted a search. Ranjit Singhs mother Surjit Kaur and his brother
Kanwaljit were present. The search did not reveal anything incriminating. Sewa
Singh pleaded with the officials escorting Ranjit Singh to release him since they had
not discovered anything incriminating. The police told him that only the SSP could
make that decision.
The same afternoon, Sewa Singh went again to the office of the SSP whom he
could not meet, but he approached other officers to ask about his son. They told him
that Ranjit Singh was not in police custody and that he had never been arrested.
The CBIs list clearly identifies the cremation of Ranjit Singh on 28 September
1992, carried out by SI Resham Singh of Tarn Taran city police station.
However, Sewa Singh claims to have seen his son Ranjit Singh under police
escort in a jeep that was standing at Thandi Khui at Ram Bagh in Amritsar on 4
January 1993. Sewa Singh approached the police officers and requested them to let
him speak to his son. Recognizing Sewa Singh, they started the jeep and drove away.
Twelve days later, on 16 January 1993, Ranjit Singhs brother Kanwaljit Singh
saw him again in a police vehicle that was parked near Sangam theatre across
Amritsars bus stand. As soon as Kanwaljit Singh approached the officer in-charge for
permission to speak to his brother, the officer got into the vehicle and drove away.
Soon after these encounters, Sewa Singh filed a petition before the high court
demanding that his son be produced before the court through a writ of habeas
corpus Cr. W. P. No. 48 of 1993. In response, SSP Ajit Singh Sandhu filed an
affidavit denying that Ranjit Singh had ever been arrested or eliminated in any en-
counter. The high court dismissed the petition.
Sewa Singh hopes that his son Ranjit Singh is still alive and wants an indepen-
dent agency to hold an inquiry.
The SSP Tarn Taran commited contempt of court by swearing before the high
court that Ranjit Singh had neither been arrested nor killed because, according to the
CBIs list, he has been shown cremated by SI Resham Singh of Tarn Taran police on
28 September 1992.
However, Sewa Singh and his second son Kanwaljit Singh claim to have seen
Ranjit Singh in police custody in January 1993. Can it then be that the police cre-
mated some other body under his name on 28 September 1992, but kept him alive for
some undercover operation? Did the police use him and then kill him later? Is it
possible that he may still be alive?
Only an independent inquiry can answer these questions.
192 - 193. Under serial nos. 233/864 and 234/865, the list shows two cremations on
6 October 1992. The names of those cremated are: [1] Amrik Singh, alias Amrika,
s/o Bawa Singh Jat, r/o Mahmoodpoura, PS Valtoha; and [2] Balwinder Singh, s/o
Balbir Singh Mazhavi, r/o Sabhra. The cremations were carried out by SHO SI
Govinder Singh of Valtoha police station and listed in FIR no. 54/92. The post-
mortem reports are marked as KS-75/92 and KS-76/92. The cause of death is given
incident report form no. CCDP/01486 and 01672. The main informants are Kashmir
Kaur, Amriks mother, and Kashmir Singh Fauji, Balwinders uncle.
Amrik Singh was from a poor landless Jat Sikh family. He was 18 and unmarried.
After studying up to class IX, he trained as a carpenter and began to work. He
was clean-shaven and not religious minded. Also, he had no political or militant
affiliations.
Twenty-six-year-old Balwinder Singh, son of Balbir Singh and Bhajan Kaur, was
a poor Mazhabi boy from Sabhra village, Malki Patti, in Patti sub-division of Amritsar
district. The eldest of four children, Balwinder had to give up school to support the
family. He opened a tea stall at the grain market of Sabhra village and also worked on
agricultural farms during the peak periods for daily wages. According to his uncle,
Balwinder had no political or militant affiliations.
On the night of 29 September 1992, SHO Govinder Singh of Valtoha police station
raided Amrik Singhs house. As soon as Amrik identified himself, the SHO and
other policemen began to beat him and then dragged him into a police vehicle and
left. While manhandling him, the SHO kept abusing him for sheltering and feeding
militants.
Amrik Singhs family members went to the police station regularly over the next
days to enquire about his condition and plead with the officers to release him. But
they were unable to meet the SHO. Such was the state of police terror in the area that
the people in the village did not dare to intervene.
Around 8 a.m. on 2 October 1992, Balwinder was taken into custody from his tea
stall by a group of officers led by inspector Balbir Singh, in-charge of the Sabhra
police post. The arrest was witnessed by several villagers, including his father Balbir
Singh and his uncles Jagir Singh and Kashmir Singh. The in-charge of the Sabhra
police post promised to release Balwinder after his interrogation.
Balbir Singh continued to visit the Sabhra police post and meet the inspector. For
the first few days, the inspector kept promising that Balwinder would be released
after his interrogation. On the fourth day, the officer changed his tone and pointing
towards Balwinders younger brother Gurcharan, he said: Forget about Balwinder.
It is now the turn of your second son to be interrogated. When Balbir Singh started
crying, the officer took pity and told him that he was not holding Balwinder Singh
and that his senior officials at Valtoha police station were supervising the case.
On 7 October 1992, Punjabi newspapers published a report that announced the
deaths of two militants Amrik Singh and Balwinder Singh in a police encounter near
Mehmoodpura.
The incident had a traumatic impact on Balwinders mother Bhajan Kaur who
died from shock a few weeks later. His father Balbir Singh also died of grief, accord-
ing to his brother Kashmir Singh. Balwinders younger brother Gurcharan Singh now
lives at a relatives house in village Khalra.
194. Under serial no. 236/868, the list identifies the cremation of Jaswinder Singh,
alias Sahid, s/o Mangal Singh, r/o Singpora carried out by SI Rawail Singh
of Bikhiwind police station on 11 October 1992 under FIR no. 74/92. The
post-mortem report is marked as SLG-102/92 and the cause of death is given as
police encounter.
Through its incident report form no. CCDP/00560, the CCDP has gathered the
following information . The main informant is Gurmej Singh, the victims maternal uncle.
Twenty-four-year-old Jaswinder Singh, alias Shahid, s/o Mangal Singh was from
Singhpura under Bhikhiwind police station in Patti sub-division of Amritsar district.
After passing his matriculation examination, he enrolled in a college at Patti. Starting
early 1990, however, Bhikhiwind police began to ilegally detain and torture him for
weeks together.
In July 1991, the police picked up Jaswinders younger brother Salwinder Singh
and killed him in a fake encounter at village Kairon.
Towards the end of 1991, the police raided a Dera, or religious establishment, at
village Singhpura and found Jaswinder there. The police shot him in the thigh and
implicated him in a case of encounter, claiming he had been wounded in an exchange
of fire. They held him in jail for the next 10 months.
When Jaswinder was released on bail nine months
later, he began to live with his maternal aunt, Gurcharan
Kaur, in Guru Ki Wadali. His parents hoped this would
keep him out of harms way.
Towards the end of September or early October
1992, a joint police force from Khaparkheri and
Chheharta police stations in Amritsar arrested him from
his aunts house and brought him to Chheharta police
station where they detained and interrogated him.
Also, the police illegally detained his parents, his
aunt and his uncle Gurmej Singh. Therefore, there was
no one in the family to pursue the matter of Jaswinders
release.
On 12 October 1992, the Punjabi daily Ajit pub-
lished a report stating that the Bhikhiwind police had killed a militant, Jaswinder
Singh from Singhpura village in an encounter with the Bhikhiwind police near village
Ladho. The family was not informed about the cremation.
Jaswinders parents, Mangal Singh and Swaran Kaur, were unable to bear the
loss of both their sons and soon died out of grief.
Jaswinders younger sister Rupinder Kaur, wrecked by the death of her entire
family, now lives with her aunt and uncle at Guru Ki Wadali. She remains unmarried
and has no independent source of income.
195. Under serial no. 239/875, the list identifies the cremation of Tarsem Singh, s/
o Surta Singh, r/o Khojpur, carried out by SHO Ramnath of Verowal police station
on 18 October 1992, under FIR no. 46/92. The post-mortem report is marked as
KK-65/92 and the cause of death is given as police encounter.
report form no. CCDP/01335. The main informant is the victims brother, Sukhwinder
Singh.
Tarsem Singh was 30 and lived in Khojkipur, Dhillon Patti, under Verowal police
station in Khadur Sahib sub-division of Amritsar district. His father Soorta Singh, a
small time farmer, had two sons and three daughters. Tarsem Singh was the eldest,
but unmarried.
The June 1984 Army action against the Golden Temple had completely
Jaswinder Singh
transformed Tarsem, a baptized Sikh. After June 1984, Tarsem became intensely
religious, but did not have any political or militant connections. The police began to
suspect him because one of his neighbors Harjit Singh had gone underground and
become a militant. The police illegally detained and tortured Tarsem many times.
They did not, however, implicate him in any criminal case.
On 4 October 1992, around 3 p.m. some policemen from the police post at Dhote,
led by head constable Balwant Singh, came to the house, and, arresting both Tarsem
and his younger brother Sukhwinder Singh, took them for interrogation at Verowal
police station. There they were locked up in separate rooms. Tarsem Singhs torture
was particularly brutal. His brother Sukhwinder heard him shrieking in agony through-
out that night. The next day, around 8 a.m. Tarsem was taken out of the police station
and transferred to another place. He was unable to walk and had to be physically
lifted into a vehicle. One hour later, several eminent persons of village Khojkipur
came to the police station and pleaded with the officers to release the two brothers.
They released Sukhwinder Singh but not Tarsem.
The family members and the village elders continued to meet head constable
Balwant Singh and Somnath, the SHO of Verowal police station. At first, the officers
evaded their questions, but some days later they began to deny that they had ever
arrested Tarsem Singh.
The police killed Tarsem Singh and another person declared unidentified in an
alleged encounter staged near the Canal bridge at Mianwind on October 17 night.
The bodies were cremated at Tarn Taran without informing the family. Newspaper
reports about the so-called encounter that appeared on October 19 described Tarsem
Singh as a dreaded militant.
The family was unable to do anything to pursue the case.
The CBIs list of unidentified cremations, Under serial no. 545/876, records a
cremation on 18 October 1992, conducted by SHO Ram Nath of Verowal police sta-
tion in a case under FIR no. 46/92.
196 199. Under serial nos. 241/878, 242/879, 243/880 and 244/881, the
list identifies four cremations carried out by SHO Amarjit Singh of Jhabbal
police station on 19 October 1992, under FIR no. 109/92. They are of: [1] Dilbagh
Singh, s/o Arjun Singh, r/o Shappur under police station Lopoke; [2] Kuldeep
Singh, s/o Massa Singh, r/o Verpal Khasa, Bhikhiwind; [3] Surjeet Singh, s/o
Hardeep Singh, r/o Manihala Khasa, Bikhiwind; and [4] Kishan Singh, s/o Dayal,
r/o Rajoke under police station Khalra. The post-mortem reports are marked as
GSD-69/92, GSD-70/92, GSD-71/92 and GSD-72/92. The cause of death is given as
police encounter.
The CCDP has got the following information about these cases through its inci-
dent report form no. CCDP/01159, 01688 and 01689. The main informants are Dilbaghs
father Arjan Singh, Bhagwan Singh, brother of Nishan Singh wrongly identified by
the CBIs list as Kishan Singh, and Surjit Singhs mother Balwant Kaur.
Dilbagh Singh was a 15-year-old boy, still studying in middle school, from Shahpur,
post office Kandial, under Lopoke police station, in Ajnala sub-division of Amritsar
district. Dilbagh was living in the house of his cousin-sister Daljit Kaur in village
Varpal. Daljit Kaurs husband and her brother-in-law had both been picked up and
killed and there was no male left in the house to help her with outside chores.
Dilbaghs parents, therefore, sent him to stay with her.
One day early October 1992, Dilbagh had gone out to graze some cattle. He was
wandering with his cattle near the fields belonging to Kuldeep Singh, s/o Balwant
Singh, from the same village, when a group of policemen arrived there to arrest
Kuldeep Singh. At that time, Kuldeep was standing with Dilbagh Singh and talking
to him. Both of them were taken into custody, but Dilbaghs family members did not
know anything about it and continued to look for him for several days.
More than two weeks later, Punjabi newspapers reported an encounter in which
Dilbagh Singh and Kuldeep Singh, along with two others had supposedly been
killed. Dilbaghs family did not read the newspaper carrying this report, but heard
about it from Kuldeeps family. The two families went to collect the ashes of Dilbagh
Singh and Kuldeep Singh and came to know from the cremation ground attendants
that it was the Jhabbal police that had brought the bodies.
Twenty-three-year-old Nishan Singh, identified by the CBIs list as Kishan Singh,
son of Dayal Singh and Hardeep Kaur, was a resident of Rajo ke village, Patti Palo,
under Khalra police station, in Patti sub-division of Amritsar district. The eldest of
three brothers, Nishan Singh completed his matriculation and set up a small busi-
ness of selling agricultural implements and tools to farmers in his area. He mostly
sold his goods on credit and recovered the payments after harvest. In the beginning,
his shop was located at Jhabbal town, but he later shifted to Amarkot.
In the first week of October, Nishan Singh left his home to collect the payments
for the sales he had made in that season, telling his family members that he planned
to return after one week. Nishan Singh first went to village Dhotian and collected his
payments. The next day, as he was going through Tarn Taran city, Nishan Singh was
arrested by some officers at a checkpost on the road connecting the city to the main
highway. His family came to know about the arrest two days later.
His father Dayal Singh, accompanied by several relatives including a retired DSP
and members of his village council, met Tarn Tarans SP (operations) Khubi Ram. The
SP disclosed that Nishan Singh had already been killed in an encounter. Dayal Singh
was taken aback, but he still did not want to believe the information without some
evidence. Dayal Singh then tried unsuccessfully to meet Tarn Tarans SSP.
On 19 October 1992, Dayal Singh and his relative, who had retired as a DSP, were
on their way to meet DIG Bhullar to ask him about Nishan Singhs fate when they
read a newspaper report that disclosed the killing of Nishan Singh, along with three
others, in an alleged encounter near Panjwar village. Dayal Singh returned home.
The police carried out the cremation without the familys knowledge.
Twenty-one-year-old Surjit Singh, son of Hardeep Singh and Balwant Kaur, was
a resident of Manihala Jai Singh village, Patti Bholu Ki, under Bhikhiwind police
station, in Patti sub-division of Amritsar district. Surjits family had a long standing
dispute with his uncle about the division of ancestral land and his uncle apparently
succeeded in claiming and appropriating Surjits fathers share. Surjit was upset
about this and, according to his mother, decided to leave his home to join the ranks
of militants.
Balwant Kaur does not know when and how the police managed to nab her son
and killed him along with three others in an encounter staged in Panjwar village on
October 18, as it was reported in several newspapers.
200. Under serial no. 245/884, the list identifies the cremation of Satnam
Singh alias Satta, s/o Kundan Singh, r/o Sarhalli Manda, carried out by SHO
Govinder Singh of Valtoha police station on 17 October 1992, under FIR no. 58/92.
The post-mortem report is marked as SLG-106/92 and the cause of death is given
The CCDP has gathered information about this case through its incident report
form no. CCDP/01498, which has been presented along with the report about the
cremation of Satnams brother Nishan Singh on 27 January 1993, recorded in the
CBIs identified list Under serial no. 281/968.
201. Under serial no. 246/885, the list identifies the 24 October 1992 cremation of
Jasbir Singh alias Jassa, s/o Amrik Singh, r/o Toot, PS Valtoha, carried out by
inspector Suba Singh of Khalra police station under FIR no. 52/92. The post-mortem
report is marked as 24/10/92 and the cause of death is given as police encounter.
incident report form no. CCDP/01692. The main informant is the victims father Amrik
Singh.
Jasbir Singh alias Jassa, son of Amrik Singh and Raghbir Kaur, was a 16-year-old
school boy from village Toot, post office Bhangala, under Valtoha police station, in
Patti sub-division of Amritsar district. He lived with his parents along with his three
brothers and three sisters.
Apparently in early 1992, Jasbir came under the influence of the militant move-
ment and failed to appear for his matriculation examination that summer. Around the
same time, when the police began raiding his house to arrest him, Jasbir became a
fugitive. The police officials began to harass his family members, illegally detaining
his father, his brothers and sisters and torturing them in police custody.
Jasbir could not cope with life as a fugitive and became very ill. In early October
1992, one of his associates, known as Pala, arranged for him to stay at his maternal
aunts house at village Mallian.
Approximately the same time, the Valtoha police had taken his parents, Amrik
Singh and Raghbir Kaur, his brother Jatinder Singh, his sisters and his sister-in-law
into illegal custody and held them under interrogation, attended by brutal torture, for
nearly 10 days. The police arrested Jasbir from his refuge at Mallian village in the
night intervening 19 and 20 October 1992. According to Amrik Singh, Jasbir had
been betrayed by one of his associates under torture in police custody. The police
also arrested Palas aunt, her son and daughter, and took them all to the CIA staff
interrogation center at Tarn Taran. Jasbir was locked up separately.
On 25 October 1992, the Valtoha police released Jasbirs parents and other rela-
tives. The same say, Amrik Singh read a newspaper report that announced the killing
of his son Jasbir, along with four others, in a supposed encounter that had taken
place at village Mari Udoke under Khalra police station. The newspaper report also
identified Balbir Singh, s/o Sadhu Singh of Chutala village, as the second militant
killed in the incident. The other three were declared to be unidentified militants. The
police carried out the cremation without the familys knowledge.
A few days later, Amrik Singh found out that Raj Singh, son of Gurdeep Singh,
former headman of the village council of Jhungian Peer Bakhsh, a neighboring
village, had also been killed in the same encounter. The police had arrested Raj Singh
from his house.
The CBIs identified list shows only Jasbirs cremation, carried out on 24 October
1992 by SHO Suba Singh of Khalra police station, under FIR no. 52/92. The CBIs
partially identified list, Under serial no. 95/886, shows the second cremation of Balbir
Singh alias Beera, s/o Sadhu Singh Chalata, r/o Tarn Taran, carried out by SHO
Subha Singh of Khalra police station on the same day and under the same FIR. Three
remaining 24 October 1992 cremations carried out by the Khalra police under the
same FIR are recorded in the CBIs unidentified list, Under serial nos. 547/887, 548/
888 and 549/889. Their post-mortem reports are marked as KS-89/92 and KS-90/92.
A few weeks after Jasbirs killing, some uniformed policemen raided Amriks
house and took his younger son Sukhdev Singh away. Amrik Singh and other mem-
bers of his family heard him screaming in agony while the police tortured him in the
tube well room of farm. Next morning, Amrik Singh and other members of his family
found Sukhdevs body with a naked electric wire lying near his neck.
Amrik Singh and his family members could not take any action.
202. Under serial no. 247/894, the list identifies the cremation of Manjit Singh, s/
o Ram Singh, r/o Thathian, carried out by SHO Raghuvir Singh of Harike police
station on 29 October 1992, under FIR no. 52/92. The post-mortem report is marked
as KS-91/92 and the cause of death is mentioned as police encounter.
The CCDP has gathered the following information through its incident report
form no. CCDP/01491. The main informant is the victims mother, Jagir Kaur.
Twenty-five-year-old Manjit Singh, s/o late Ram Singh, lived in Thathian Khurd
under Harike police station in Patti sub-division of Amritsar district. His father had
died leaving very little agricultural land for his four sons to survive on. Hence,
Manjit Singh and his younger brother Ram Singh were admitted to Dam Dami Taksal.
Manjit Singh was trained as a paathi, a reader of the Sikh scripture, and he lived on
the contributions given to him by the organizers of religious recital. Later on, his
youngest brother Heera Singh also joined the Taksal.
In 1987, Manjit Singh was arrested because of his association with the Dam Dami
Taksal and was charged under TADA. He remained in jail for nearly two years and
then came out on bail. Meanwhile, Manjits family had shifted to Muktsar city to
escape police atrocities. The police had not given up on Manjit Singh and detained
him and his younger brothers a number of times for interrogation and torture. Harike
police, under SHO Raghbir Singh, also demolished his ancestral house in Thathian
Khurd. These experiences contributed significantly to Manjits decision to become
an active militant.
Manjit Singh and two of his associates, Navtej Singh Laadi from Lakhan Tappa
and Bhupinder Singh from Khanna, were killed in an encounter on 27 October 1992.
A joint force of Harike and Tarn Taran police surrounded them in the fields near
village Thathian Khurd. The police had obtained the information about their location
from Manjits elder brother Sardool Singh who was taken into custody some days
before the incident. The police took Sardool Singh to the site of the incident to
identify Manjits body, however, did not hand it over to the family for cremation. The
police did not even allow the family members attend the funeral.
The cremations of Navtej Singh Laadi and Bhupinder Singh are not mentioned in
any of the CBIs lists and it is not clear what happened to their bodies.
In a separate incident, the police also killed Manjit Singhs younger brother
Heera Singh, who was training at Dam Dami Taksal.
203. Under serial no. 248/898, the list identifies the cremation of Sukhdev Singh,
s/o Sardool Singh, r/o Sursingh, carried out by SI Surinderpal Singh of Sarhalli
police station on 2 November 1992, under FIR no. 85/92. The post-mortem report is
marked as KKS-103/92 and the cause of death is mentioned as police encounter.
Through its incident report form no. CCDP/00581, the CCDP has gathered the
following information about this case. The main informant is Rajwant Kaur, the
victims widow.
Sukhdev Singh, alias Sukha, a 23-year-old farmer married to Rajwant Kaur had
two children and lived in village Sur Singh, Patti Nangal Ki, under Bhikhiwind police
station in Patti sub-division of Amritsar district. He was the only son of his parents,
Sardool Singh and Surjit Kaur.
On 6 April 1991, a group of police officers from Jalalabad police station in Ferozepur
district raided Sukhdev Singhs house and took him to Ferozepur for interrogation.
They did not disclose why Sukhdev Singh was wanted. As Jalalabad police officials
refused to release him from illegal custody, Rajwant Kaur, his wife, went to Chandigarh
and met with the Punjab governor. After listening to her, the governor gave her a
letter recommending the release of her husband from illegal custody. Armed with the
letter, she went to the SHO of Jalalabad police station who then released Sukhdev.
After this event, Sukhdev did not face any harassment from the local police
officials. They did not detain him for interrogation or file any criminal charges against
him.
However, on 1 November 1993, a group of police officers from Sarhalli police
station, led by SHO Surinder Pal Singh, abducted Sukhdev Singh for the second time
from his fields. On 3 November 1993, the Punjabi dailies Ajit and Punjabi Tribune
reported Sukhdev Singhs death in an encounter with the Sarhalli police. The police
had already cremated his body as unclaimed although no one informed the family
about the incident.
204. Under serial nos. 249/899, the list identifies the cremation of Sukhwinder
Singh, s/o Mohinder Singh, r/o Sankheera, carried out on 7 November 1992 by
SHO J. Sidhoo of Jhabbal police station, under FIR no. 113/92. The post-mortem
report is marked as 7/11/92, and the cause of death is given as police encounter.
form no. CCDP/01444. The main informant is the victims brother Balwinder Singh.
Sukhwinder Singh, alias Kaku, was a 23-year-old farmer from Sakhira village, Patti
Bambe in Tarn Taran sub-division of Amritsar district. He was married to Jasbir Kaur
and had a child who is now 11. A baptized Sikh, Sukhwinder was not involved in
politics or militancy and had never been arrested before.
On 2 or 3 November 1992, around 7 a.m. ASI Raj Kumar, in-charge of Manochahal
police post, raided Sukhwinders house. A contingent of the CRPF, in a separate
vehicle, also accompanied the police party. Entering the house, ASI Raj Kumar asked
for Kaku. Sukhwinder came out of his room and identified himself. They immediately
took him into custody and, after a thorough search of the house, pushed him into a
police vehicle and drove away in full view of the family.
Early next morning, the family members along with several village elders reached
Manochahal police post and met SHO Raj Kumar. The SHO told them that Sukhwinder
was still required for interrogation, but would be released. For the next two days, the
SHO gave the family and village elders the same assurance.
The SHO changed his approach on the third day. He now said that he had never
arrested Sukhwinder and that he was not at his police post. Many village elders got
agitated and told him that they had seen Sukhwinder at his post only a day before.
But SHO Raj Kumar refused to listen to them and ordered them to leave.
A day later, the family members and other eminent persons from the village met
DSP Ashok Kumar and SHO J. Siddhu of Jhabbal police station. When the DSP
asked them to wait for one more day, the delegation assumed that he was promising
to release Sukhwinder the next day.
On 8 November 1992, newspapers carried a report about an encounter between
militants and the Jhabbal police in which Jaswinder Singh Sakhira and one of his
unidentified associates had been killed. The family members found out from a sym-
pathetic police constable that Sukhwinder was the unidentified militant. The CBIs
list of unidentified cremations, Under serial no. 553/900, shows another cremation
carried out by J. Sidhoo, SHO of Jhabbal police station on 7 November 1992 in the
same case under FIR no. 113/92.
There was nothing the family could do now. They collected Sukhwinders ashes
from Tarn Taran cremation ground. Sukhwinders father Mohinder Singh became
grief stricken, and his condition steadily deteriorated. He died one-and-a-half year
later.
In a separate incident, the Mallawala police in Ferozepur district also arrested
and killed Sukhwinders brother-in-law, Baldev Singh, s/o Gurdial Singh, r/o Aali
Kalan, Sultanpur sub-division of Kapurthala district.
205 206. Under serial nos. 250/906 and 251/907, the list identified two crema-
tions carried out on 7 November 1992 by SHO Teg Bahadur Singh of Bhikhiwind
police station under FIR no. 75/92. They are of: [1] Karaj Singh alias Kali, s/o
Mukhtiar Singh Jat, r/o Lakhna Tappa; and [2] Baljinder Singh, s/o Amar Singh,
r/o Thota. The post-mortem reports are marked as KS 95/92 and KS 96/92. The
cause of death is mentioned to be police encounter.
The CCDP has acquired the following information about Karaj Singh through its
Mukhtiar Singh.
Twenty-one-year-old Karaj Singh, son of Mukhtiar Singh and Balbir Kaur, was a
resident of Lakhna Tappa village under Bhikhiwind police station in Patti sub-divi-
sion of Amritsar district. He was the youngest of four brothers. In 1990, after he
passed his matriculation examination, the Sarhalli police started raiding his house
because they suspected him of having militant links. Members of the village council
intervened to save him from the situation and procured his unconditional release.
After some weeks, however, the police started raiding his house again and, in Karaj
Singhs absence, detaining his family members. Even the female members of his
family were not spared from illegal arrests and custodial torture meant to elicit infor-
mation leading to Karaj Singhs arrest. But Karaj Singh no longer kept in touch with
his family.
Early in the last week of October 1992, DSP Paramdeep Singh Teja and SHO Teg
Bahadur Singh of Bhikhiwind police station raided the house of Karaj Singhs aunt
Palo, married to Swaran Singh, at village Mari Nauabad. They arrested Karaj Singh
who was staying with her. The police also arrested Palos daughter-in-law, Kulwinder
Kaur, and brought them all to Bhikhiwind police station for interrogation. Karaj
Singhs parents Mukhtiar Singh and Balbir Kaur were already in illegal police cus-
tody at Bhikhiwind police station and saw their son being brought there following
his arrest at Mari Nauabad. The police transferred Karaj Singh to the CIA staff
interrogation center at Tarn Taran the same night.
On 6 November 1992, the police declared that Karaj Singh and one of his associ-
ates had been killed in an encounter that supposedly occurred between villages
Mari Kamboke and Choonga. Balbir Kaur saw the bodies when they were brought to
Bhikhiwind police station on their way to Patti Civil hospital for their post-mortem.
The bodies were cremated by the SHO of Bhikhiwind police station while Karaj
Singhs parents remained in jail.
The police released Mukhtiar Singh six days after the cremations. Daljit Kaur
remained in illegal police custody for one month after the police cremated her sons
body. In the course of her prolonged illegal detention at Bhikhiwind police station,
Daljit Kaur discovered the identity of the other young Sikh killed along with her son
in the fake encounter. He is Baljinder Singh, s/o Amar Singh of village Thatta whose
cremation is recorded in the list Under serial no. 251/907.
three cremations held on 15 November 1992 by SHO Teg Bahadur Singh of
Bikhiwind police station under FIR no. 76/92. They are of: [1] Rajinder Singh,
alias Doctor, s/o Baldev Singh, r/o Awachak, police station Mehta; [2] Baljinder
Singh, s/o Jernail Singh, r/o Saidowal; and [3] Raghubir Singh, alias Raju, s/o
Gurbaksh Singh, r/o Awa. The post-mortem reports are marked as KS-101/92,
KS-102/92 and KS-103/92. The cause of death is given as police encounters.
Through its incident report form no. CCDP/01216, The committee has gathered
the following information about Baljinder Singh. The main informant is the victims
father Jarnail Singh.
Twenty-two-year-old Baljinder Singh, alias Balli, r/o of Saido Lahil village, PO.
Tarsikka under Mattewal police station in Baba Bakala sub-division of Amritsar
district, was employed by a company called Nijjher Agro Food. He was a matriculate
and had married Karamjit Kaur. They had a son who is now nine.
In 1990, he joined Nijjher Agro Food Company, located on Grand Trunk (GT)
Road, near Jandiala Guru town. Baljinders work involved travelling to villages to
explain to farmers the benefits of the insecticides used by his company on vegetable
crops, particularly tomato. The company had given him a scooter for the purpose.
Baljinder Singh used to drive his scooter to work daily morning and return home in
the evening.
On 2 August 1991, Baljinder Singh and the personal security officer attached to
his companys owner, a Punjab police constable, were going on his scooter to a
village for work. Unknown to him, a militant leader, Manohar Singh, was also driving
a scooter ahead of him. When identified at a police checkpost, Manohar committed
suicide by consuming cyanide. The police officials, out of suspicion, arrested Baljinder
Singh and his companion, who was actually a Punjab police constable, when they
came driving down to the post just as Manohar Singh consumed cyanide.
Many people who witnessed this became agitated, and soon there was a huge
crowd outside Jandiala Guru police station demanding the release of Baljinder Singh
and his companion. When the police did not respond, the crowd decided to block
the highway, the Grand Trunk road connecting Amritsar and Delhi. A number of
Baljinders family members also joined the agitation. The police decided to use force
to break up the crowd and after a lathi-charge, opened gunfire. They killed three
persons and injured several others. Baljinders cousin Darshan Kaur, who was mar-
ried into a family in village Gehri Mandi, was also injured.
Later, the police implicated both Baljinder Singh and his companion Jagtar Singh
in a case under TADA. Both were jailed for eight months and then released on bail.
Soon after, Baljinder got married to Karamjit Kaur on 10 October 1992.
On 10 November 1992, exactly a month after their marriage, a large police force of
approximately 50 men, led by DSP Gurmeet Singh of Tarn Taran (as the family later
found out), raided the farm house owned by Baljinders father, Jarnail Singh. The raid
took place between 8 p.m. and 9 p.m. Baljinder Singh was also at home. DSP Gurmeet
Singh said that he needed to take Baljinder along to identify some militants who they
had arrested. The DSP promised to release him the next morning. But before taking
Baljinder with him, he requested his father to get some food cooked for all the
policemen who, according to him, had been on duty the whole day and were hungry.
Cooking for so many took some time. After eating their dinner, the DSP and his men
left with Baljinder Singh.
DSP Gurmeet Singh had not disclosed where they planned to take Baljinder to
identify the arrested militants. The next morning, the family members and other emi-
nent persons of the village first went to Mattewal police station. Not finding Baljinder
there, they went to Mall Mandi interrogation center and then to B. R. Model School
interrogation center in Amritsar. But Baljinder was not to be found in any of these
places. They met SSP Paramjit Singh Gill who told them that Amritsar police was
involved in the arrest and Baljinder was not in his custody.
On 13 November 1992, Jarnail Singh, accompanied by several members of the
village council, went to Tarn Taran and there they found out that the police had
arrested some persons and brought them to Tarn Taran. Jarnail Singh recognized
some of the policemen who had eaten at his farm house before taking his son away.
He was convinced that the police had detained Baljinder at Tarn Taran.
Jarnail Singh then contacted Ajit Singh Bains, former judge of the Punjab and
Haryana High Court, who was now heading the Punjab Human Rights Organization.
Bains issued a statement demanding the release of Baljinder Singh from illegal cus-
tody. Several newspapers carried the statement on 13 November 1992.
On 15 November 1992, Baljinder Singh, Rajinder Singh and Raghbir Singh were
declared killed in an encounter that supposedly happened near village Sehbazpur
between a group of militants and Tarn Taran police. Director general of police (DGP)
KPS Gill, accompanied by the SSPs of Amritsar, Tarn Taran and Majitha police dis-
tricts and the deputy inspector general (DIG) (border range), D. R. Bhatti, addressed
a press conference claiming that early morning at 4:30 a.m. DSP Gurmeet Singh of
Tarn Taran police killed three militants in an encounter at a police checkpost set up
near village Sehbazpur. The DGP further said that the three militants were in a Canter
and had been signaled to stop. The police already had information that the militants
had stolen the vehicle from the Tarn Taran bypass and were heading this way. The
police force retaliated when the militants opened fire, and in the resulting exchange,
killed the three militants. They were identified as: [1] Rajinder Singh, alias Amolak
Singh, r/o Rumana Chakk, under PS Mehta; [2] Rajbir Singh alias Raju, r/o Dhamana;
and [3] Baljinder Singh, r/o Saido Lahil. The DGP blamed these terrorists for hun-
dreds of murders, including the relatives of Master Jagir Singh, the transport minis-
ter in the Punjab government. The DGP also claimed to have recovered a large
number of sophisticated weapons from the vehicle: 10 AK-47 rifles, one AK-74 rifle,
17 plastic bombs, 30 detonators, 25 magazines and 925 cartridges.
On 16 November 1992, all Punjab newspapers prominently reported the DGPs
press conference.
However, on November 17, the Punjabi daily Ajit published a report questioning
the truthfulness of the DGPs claims. The reports caption asked, Was Baljinder
Singh killed in a police encounter? The story gave the background of his previous
arrest and pointed out that that he had been arrested from his fathers farm house
four days before the alleged encounter.
The police carried out the cremations without informing the families. The families
could not even collect the ashes.
210. Under serial no. 257/916, the list identifies the cremation of Resham Singh, s/
o Kabul Singh, r/o Chulkhona, carried out by Teg Bahadur Singh of Bhikhiwind
police station on 23 November 1992, under FIR no. 78/92. The post-mortem report
is marked as KS 110/92. The cause of death is recorded as police encounter.
incident report form no. CCDP/01683. The main informant is the victims father Kabal
Singh.
Twenty-year-old Resham Singh, son of Kabal Singh and Veer Kaur, was a resi-
dent of Doohal Naur village [wrongly identified as Chulkhona by the CBIs list], post
office Mastgarh, under Khemkaran police station, in Patti sub-division of Amritsar
district. Resham was married to Sukhwinder Kaur and had a daughter Mandeep Kaur
who is now 10.
Reshams elder brother was a militant. The Bhikhiwind police arrested and killed
him in July 1991 outside Gurdwara Baba Deep Singh in Bhikhiwind town. The police
carried out his cremation without informing the family. Kabal Singhs family had
suffered much harassment because of Kashmir Singh. The police had repeatedly
arrested and tortured Kabal Singh and his remaining five sons. They continued to
raid his house and hold him and his sons in illegal detention for prolonged periods
even after they killed Kashmir Singh.
In the beginning of November 1992, Resham Singh was called to the army camp
headquarters at village Bhoore Kohne where he was interrogated for 10 days.
Apparently, the army officials responsible for his interrogation were satisfied about
his lack of involvement in militant activities and released him from custody the
evening of 14 November 1992. Kabal Singh went to the army camp and brought his
son back home.
A large group of police officers, led by SHO Sukhchain Singh of Khemkaran
police station, was waiting at the house when Kabal Singh and his son Resham
Singh returned home. The police arrested both of them and took them to Khemkaran
police station, locking them up separately. For the next seven to eight days, Kabal
Singh could hear his son screaming under brutal torture. Once Kabal Singh saw him
when some policemen were carrying him away apparently after a session of interro-
gation under torture. Resham appeared totally unconscious. Kabal Singh also re-
mained in illegal police custody. But the police neither interrogated nor tortured him.
In the evening of 22 November 1992, SHO Sukhchain Singh took Resham Singh
away in a police vehicle. The next day, the local AIR station announced the killing of
Resham Singh, along with another unidentified militant, in an encounter. After listen-
ing to the radio report, members of the village council rushed to Khemkaran police
station and spoke to SHO Sukhchain Singh who told them, the inevitable had to
happen and that they should be satisfied to take Kabal Singh back alive. The
police released Kabal Singh from custody that day.
Following his release, Kabal Singh and other members of his family went to the
Patti cremation ground to collect Reshams ashes.
The CBIs unidentified list, Under serial no. 558/917, shows that SHO Teg Bahadur
Singh of Bhikhiwind police station cremated an unidentified body on the same day
under FIR no. 78/92. The post-mortem report is marked as KS-110/92.
211 - 212. Under serial nos. 258/918 and 259/919, the list shows two cremations
carried out SHO J. S. Sidhoo of Jhabhal police station on 28 November 1992, under
FIR no. 116/92. They are of: [1] Baljit Singh, alias Toti, s/o Ram Singh Jat, r/o
Tojra; and [2] Karamjit Singh, s/o Dhan Singh Jat, r/o Tojian. The post-mortem
reports are marked KSA-33/92 and KSA-34/92. The cause of death is given
as encounter.
form no. CCDP/00547 and 01630. The main informants are the victims fathers Ram
Singh and Daan Singh.
Twenty-year-old Baljit Singh, son of Ram Singh and Tasvir Kaur, was a college
graduate resident of Bhujrawala, post office Jhabbal Kalan in Tarn Taran sub-divi-
sion of Amritsar district. He was unmarried and helped his father with the agricultural
work. Once in 1990, the Tarn Taran police had illegally detained and interrogated
Baljit on the suspision that he had links with militants. But they released him after an
interrogation and inquiry.
Karamjit Singh, son of Daan Singh and Bir Kaur, was a 13-year-old school boy
from village Bhojia, under Jhabbal police station, in Tarn Taran sub-division of Amritsar
district. All of the members of his family were baptized Sikhs and had no history of
conflict with the authorities.
According to Karamjits father Daan Singh, some militants came to his house on
26 November 1992 and asked him to deliver a sealed letter to Darshan Singh, the head
of the village council of Kot Dharam Chand Khurd. Fearful of the militants, Daan
Singh let his son Karamjit carry the letter to its addressee who, however, overpow-
ered him and locked him up. Some time later, Darshan Singhs sons came to Daan
Singhs house to find out if militants had come to his house and had used his son to
act as their messenger. Daan Singh admitted that some militants had come to his
house with a letter and had forced his son to deliver it. Darshan Singhs sons then
went back after informing Daan Singh that they had captured Karamjit and intended
to hand him over to the police.
Some hours later, Daan Singh, accompanied by several other persons from his
village, went to Darshan Singhs house at village Kot Dharam Chand Khurd to plead
with him to release his son. Darshan Singh told them to get the militants who had
dispatched the letter arrested as a condition for his sons release. Darshan Singh
argued that he did not know how to reach the militants, and went home empty
handed.
The next day, Daan Singh went to Darshan Singhs house again along with
several elderly people from his village to press him to release his son. Darshan Singh
had already informed the Jhabbal police who, led by SHO Jagdeep Singh, arrived
while they were still talking and arrested both Karamjit and Daan Singh. On the way
to the police station, the SHO ordered Daan Singh to get out of the police vehicle and
drove away with Karamjit Singh.
The same afternoon, the Jhabbal police, led by DSP Ashok Kumar, SHO Jagdeep
Singh, SI Bikramjit Singh and constable Talwinder Singh arrested Baljit Singh from
the Jhabbal bus stand when he was about to a board a bus bound to Amritsar. The
arrests were witnessed by Baljits father Ram Singh and several shopkeepers in the
area.
That same evening, the police killed both Baljit and Karamjit in an encounter
faked at village Ahmadpur. By the time their families reached Jhabbal police station
after reading a report about the encounter in the daily Ajit on 29 November 1992, the
police had already performed their cremations.
213. Under serial no. 262/926, the list identifies the cremation of Jatinder Singh,
s/o Darbara Singh Jat, r/o Mehmoodpura, carried out by SHO Govinder Singh of
Valtoha police station on 7 December 1992, under FIR no. 63/92. The post-mortem
report is marked as SLG 121/92. The cause of death is given as police encounter.
form no. CCDP/01543. The main informant is the victims brother Balkar Singh.
Jatinder Singh, son of Darbara Singh and Joginder Kaur, was a 16-year-old
boy, resident of Mehmoodpura village under Valtoha police station in Patti sub-
division of Amritsar district. His father had died when he was very young, and he
grew up in an emotionally unhappy home even as his older brother Balkar tried to
manage the family farm. Since Punjab was a disturbed area, Jatinders mother per-
suaded him to give up school while he was still in class VIII and move to Jammu
where his sister lived. Her husband Gurmej Singh was a constable with the Border
Security Force (BSF).
The police suspected that Jatinder had links with the militants and had been
instrumental in getting some relatives of his brother-in-law Gurmej Singh, who lived
in village Ghariali, killed. In early December 1992, a group of policemen led by SHO
Govinder Singh of Valtoha police station, abducted Jatinder from his sisters house
in Jammu. While his mother Joginder Kaur was trying to find an effective interven-
tion to rescue him from the illegal custody of the Valtoha police, several Punjabi
newspapers published a report, on 8 December 1992, about Jatinder Singhs killing in
an alleged encounter with the police.
Joginder Kaur and her older son Balkar Singh were unable to do anything and are
still being threatened by the police not to pursue the matter of Jatinders abduction
from Jammu and his killing in a fake encounter. Joginder Kaur also fears that her son-
in-law Gurmej Singh could encounter difficulties if she complained about Jatinders
abduction from his house in Jammu.
214. Under serial no. 265/939, the list identifies the cremation of Heera Singh,
s/o Ram Singh Jat, r/o Thathian, carried out by SHO Raghubir Singh of Harike
police station on 20 December 1992, under FIR no. 55/92. The post-mortem report
is marked as SLG 127/92 and the cause of death is stated to be police encounter.
The committee has got the following information through its incident report
form no. CCDP/01492. The main informant is the victims mother Jagir Kaur.
Heera Singh, from Thathian Khurd, post office and police station Harike, in
Patti sub-division of Amritsar district, was the younger brother of Manjit Singh
who had been killed and cremated by the Harike police on 29 October 1992. Manjits
troubles and his end have been narrated above as case number 202.
Like his brother, 22-two-year-old Heera Singh also went to the Dam Dami Taksal
for religious education and Sikh missionary work.
In the first week of December 1992, Heera Singh went to Thathian Khurd village
to spend some time with the family. On 19 December 1992, around 10 a.m. Heera
Singh went to the local gurdwara to offer his daily prayers and to participate in a
ceremonial recital of the Guru Granth Sahib. Suddenly, SHO Raghubir Singh of
Harike police led a large force to cordon off the village. The police instructed
everyone to stay indoors and not to move out. In the course of the combing
operation that followed, the SHO arrested Heera Singh and Sarabjit Singh of Dhotian
village from the gurdwara. Sarabjit was also a Sikh religious missionary from the
Dam Dami Taksal. The police took them out into the fields and shot them. Resi-
dents of the village, including Heera Singhs family members, who had been told to
stay indoors, heard the gunfire. After killing the two boys, the police lifted the
siege and left.
On 20 December 1992, Punjabi newspapers published a report about the killing
of two militants in an encounter near the villages of Nathupur and Thathian.
The family members were not allowed to attend the cremation.
The cremation of Sarabjit Singh, s/o Dalip Singh from Dhotian village, Patti
Samne Ki under Sarhalli police station in Tarn Taran sub-division of Amritsar
district is included in the CBIs partially identified cremations, Under serial no. 106/
938. His post-mortem report is marked as SLG-128/92. Sarabjit Singhs story is
summarized in the relevant section of the report.
215. Under serial no. 266/942, the list identifies the cremation of Harbans
Singh, s/o Santokh Singh Jat, r/o Rasoolpur, carried out by SHO Sarban Singh of
Tarn Tarans Sadar police station on 25 December 1992, under FIR no. 83/92. The
post-mortem report is marked as KSA 39/92 and the cause of death is given as
police encounter.
Through its incident report form nos. CCDP/01427 and 01355, The committee
has gathered the following information. The main informant is the victims brother
Sawinder Singh.
Twenty-five-year-old Kabal Singh, alias Harbans Singh, from Rasoolpur Nehran,
near Nehri Kothi in Tarn Taran sub-division of Amritsar district, joined the Punjab
police in 1990 after completing his matriculation. He was unmarried.
After serving in the police for one-and-a-half years, Kabal Singh reigned. Ac-
cording to his brother Sawinder Singh, our informant, Kabal Singh was unable to
tolerate the custodial torture of suspected militants and separatists and their elimina-
tion in fake encounters. His family members advised him to stay with the police, but
he thought otherwise.
Soon, the police started harassing Kabal Singhs family members, asking them to
produce him before them for interrogation. The police detained and tortured his
father Santokh Singh and his younger brother Harbans Singh. Kabal Singh decided
to go to Bihar. He got a job as a truck driver in Jamshedpur under the assumed name
of Harbans Singh. Jamshedpur police found out that he was absconding from the
Punjab police and that his real name was Kabal Singh. They arrested and jailed him,
and informed the Tarn Taran police.
In the middle of December 1992, Kabal Singh was brought to Tarn Taran for
investigation of his possible connections with militants. His father Santokh Singh
and brother Harbans Singh were already in illegal custody and they were unable to
do anything to save him.
On 25 December 1992, SSP Ajit Singh Sandhu announced his death in an alleged
encounter. Speaking to the press, Sandhu claimed that the encounter took place
when a group of policemen were returning to the police station after recovering arms
and ammunitition hidden by Kabal Singh, an arrested militant. According to the SSP,
a group of militants led by Sarban Singh alias Shaheed, the chief of Bhindranwale
Tigers Force, attacked the police vehicle escorting Kabal Singh. Sandhu said that
the police retaliated, and in the exchange of fire that followed for two hours, Kabal
Singh, Sarban Singh and one other unidentified militant were killed.
The cremation of Sarwan Singh, r/o Jawande, on 25 December 1992, Under serial
no. 107/943 and FIR no. 83/92, requisitioned by SI Sarban Singh, SHO of Tarn Taran
Sadar police station, is shown in the CBIs list of partially identified cremations. It is
summarized in the appropriate section of the report. One more cremation on the same
day, under the same FIR number and carried out by the same officer is included in the
CBIs list of unidentified cremations Under serial no. 572/944 with post-mortem re-
port number KSA-41/92.
Mohan Singh, father of Sarwan Singh, died from a heart attack six months later.
tions carried out by SHO Teg Bahadur Singh of Bhikhiwind police station on 26
December 1992, under FIR no. 81/92. They are of [1] Sukhdev Singh, s/o Sunder
Singh Jat, r/o Mohammad Khan; and [2] Harjinder Singh alias Doghar, s/o Harbans
Singh, r/o Tangra. The post-mortem report numbers are marked as KS 116/92 and
KS 115/92. The cause of death is given as firearm injuries.
Through its incident report form nos. CCDP/01275 and 01114, the CCDP has
acquired the following information about these cases. The main informants are
Sukhdevs father Sunder Singh and Harminders mother Amarjit Kaur.
Nineteen-year-old Sukhdev Singh alias Sukha, the youngest son of Sunder Singh
and Gurdeep Kaur, was a resident of village Kot Mohammad Khan, under Sarhalli
Kalan police station, in Khadur Sahib sub-division of Amritsar district. He was a
class IX student at the local government school and was unmarried. Sukhdev had
three older brothers, Gurmel Singh, Jagmel Singh and Jagtar Singh. Jagmel was a
constable with the Indo-Tibetan Border Police (ITBP).
In 1991, the police raided Sunder Singhs house to arrest Sukhdev who, fearing
torture, ran away. Over the next year-and-a-half, the family members suffered extreme
harassment as the police regularly detained and tortured them. The police stole all of
their household belongings, and also harvested the standing crop of paddy. The
police prohibited Sunder Singhs family from cultivating their land.
On 26 November 1992, around 11: 45 a.m. Sukhdev and Jagmel, the ITBP con-
stable, were waiting at Amritsar railway station for a train to Bareily in Uttar Pradesh.
Their elder brother Gurmel Singh, who had come to
see them off, was also with them. Suddenly, two po-
licemen in plain clothes pounced on Sukhdev who
was standing between the two brothers. Very quickly,
a larger group of policemen appeared and took
Sukhdev into custody. The police officials also or-
dered Jagmel to come along. Both of them were imme-
diately blindfolded and driven for 45 minutes to some
place. On the way, the policemen kept beating Sukhdev
with their rifle butts. When they reached their destina-
tion the police separated Jagmel and Sukhdev Singh
and locked them up in different rooms. Jagmel, still
blindfolded, was interrogated when he revealed him-
self to be a constable of the ITBP. The following night,
the police pushed him into a police vehicle, blindfolded him, and drove him back to
Amritsar city and asked him to get off the vehicle when they reached near the Guru
Nanak Hospital. Later on it was established that the both of them had been taken to
the CIA staff interrogation center at Tarn Taran. During his detention there, Jagmel
heard his brother groaning in severe pain.
Meanwhile, Sukhdevs parents Sunder Singh and Gurdeep Kaur, his brother
Jagtar Singh, his maternal uncles and aunts and several other relatives were already
in illegal police custody at various police stations in Tarn Taran. Sunder Singh had
already spent eight months in a police cell. Jagmel was scared of losing his job and
promptly after his release reported to his unit for duty. Gurmel was alone and could
not do anything to help.
Sukhdev was detained illegally at the CIA staff interrogation center in Tarn Taran
Sukhdev Singh
for one month after his abduction and interrogated under brutal torture. He was
killed along with Harjinder Singh and four other unidentified men early morning on
26 December 1992, in an encounter orchestrated near village Sur Singh Wala. SSP
Ajit Singh Sandhu issued a statement to claim that the encounter, which resulted in
the killing of six militants, occurred when the police force raided the house of Jaswant
Singh where the militants had taken shelter. The SSP also claimed that the police
force, comprising SSP Ajit Singh Sandhu, SP (operations) Khubhi Ram, DSP
Paramdeep Singh Teja of Bhikhiwind and SHO Teg Bahadar Singh of Bhikhiwind
police station, had to use bulletproof vehicles to neutralize the firing from the mili-
tants and claimed to have recovered several sophisticated weapons from the site of
the encounter. Several newspapers published the statement prominently on 27 De-
cember 1992.
Twenty-five-year-old Harminder Pal Singhs name is incorrectly recorded by the
CBI as Harjinder Singh. Harminder Pal, son of late Harbans Singh and Amarjit Kaur,
was a resident of village Tangra, under Khalchian police station, in Baba Bakala sub-
division of Amritsar district. In 1990, while Harminder Pal was in the third year of the
mechanical engineering degree course at Mehar Chand Polytechnic College, the
Kapurthala police raided his house. Harminder Pal used to return home every evening
after college, but after the police raid, he ran away from home.
After Harminder Pal left, the police detained his father Harbans Singh, his elder
brother, and his grandfather Kishan Singh many times. His family put pressure on
Harminder Pal to go to the police, but fearing that the police would kill him, Harminder
joined the militants. The family learnt of his death from newspapers reports on 27
December 1992.
The police carried out the cremations without informing the families. According
to Sunder Singh, the three persons cremated as unidentified were from Dall village.
In addition, the police killed Davinder Singh alias Gurinder of Aggarpura village in
Patti sub-division of Amritsar district. The CBIs list of unidentified cremations,
Under serial nos. 573/945, 574/946, 575/949 and 576/950, records the four other cre-
mations carried out by SHO Teg Bahadur Singh of Bhikhiwind police station on 26
December 1992 under FIR no. 81/92. Their post-mortem report numbers are KS-117/
92, KS-118/92, KS-119/92 and KS-120/92.
218. Under serial no. 269/951, the list identifies the cremation of Anokh Singh, s/
o Jaswinder Singh Jat, r/o Uboke carried out by the inspector of Verowal police
station on 27 December 1992, under FIR no. 54/92. The post-mortem report is
marked as OPG 49/92. The cause of death is mentioned as bullet injuries.
Through its incident report form no. 01481, the CCDP has gathered the following
information about the case . The main informant is Avtar Singh, the victims uncle.
Thirty-three-year-old Anokh Singh from Uboke village, post office Bahmani Wala,
Lehndi Patti under Patti sub-division of Amritsar district, had actively participated in
the agitation launched by the Akali Dal in 1982 for the implementation of the Anandpur
Sahib resolution. He admired Jarnail Singh Bhindranwale, head of the Dam Dami
Taksal, who represented the spirit of no compromise. After the storming of the
Golden Temple by the Indian army in June 1984, Anokh was arrested and sent to
Jodhpur jail where he remained until the beginning of 1990.
Following his long incarceration, Anokh Singh stayed at home and did not par-
ticipate in the politics of the period. The police continuously harassed him, raiding
his house, humilitating his family members and suspecting him of maintaining mili-
tant connections. Fearing torture, Anokh Singh went underground and joined the
militant ranks. His father Jaswinder Singh, who had retired from the Indian army ,
went away to Mumbai with his wife and other children to keep them away from the
Punjab police. There he bought a truck and began earning his living as a transporter.
On 27 December 1992, newspapers published a report about Anokh Singhs
death in an alleged encounter that had taken place at village Bhail near Dhahe
Wala. Jaswinder Singh was informed about it later by his relatives in Punjab who
read the report.
identifies four cremations carried out by SHO Govinder Singh of Valtoha police
station on 29 December 1992 under FIR no. 67/92. Names of those cremated are:
[1] Gursewak Singh, s/o Major Singh, r/o Gadika; [2] Gurbachan Singh, s/o Amar
Singh, r/o Mudki; [3] Inder Singh, s/o Jagir Singh, r/o Dhavwal; and [4] Yedwinder
Singh alias Goldee, s/o Amrik Singh Jat, r/o Harike. The post-mortem reports are
marked as SLG 130/92, SLG 131/92, 132/92 and SLG 134/92. The cause of death
in all cases is given as police encounter.
form nos. CCDP/00484, 01578 and 01570. The main informants are Jagir Singh, the
father of Yadwinder Singh; Mukhtiar Singh, the maternal uncle of Gursewak Singh;
and Ninder Singhs father Jagir Singh.
Twenty-three-year-old Yadwinder Singh alias Goldy, son of Angrez Singh and
Parkash Kaur, was a resident of Harike Pattan, on Tarn Taran road, under Harike
Pattan police station, in Patti sub-division of Amritsar district. He was a student and
was unmarried.
Twenty-two year-old Gursewak Singh, son of Major Singh and Charan Kaur, was
a baptized young Sikh from Gadai Ke, post office Budha Kot in Patti sub-division of
Amritsar district. He, together with his four brothers, worked on his family farm.
Gursewak was unmarried and had no affiliation with the militants. However, one of
his cousins Ranjit Singh, s/o Mukhtiar Singh of Valtoha, was involved in the mili-
tancy and the police used to harass his family members because of that connection.
Ninder Singh was the actual name of the person identified in the CBIs list as
Inder Singh. Son of Jagir Singh and Darshan Kaur from Dhariwal village under Patti
sub-division of Amritsar district, Ninder Singh was an 18-year-old Mazhabi Sikh
who was a farm worker. He was unmarried and had no political or militant links.
In 1992, Ninders cousin Harjit Singh, a constable with the Punjab police, helped
him get a job as a cook at Jhabbal police station for a salary of Rs. 1,000 a month. One
day, early December 1992, by when Ninder had put in five months working as a cook
for the Jhabbal police, the SHO of Valtoha police raided his house to take Ninder
Singh for interrogation. But Ninder Singh, because of his job, was at Jhabbal. The
SHO of Valtoha police station decided to take his mother Charan Kaur into custody,
as a hostage, and asked his family members to produce Ninder for an interrogation.
A day later, Jagir Singh, together with members of the village council, produced
Ninder Singh before the SHO of Valtoha police station who then released Charan
Kaur from illegal custody. At the same time, the SHO demanded Rs. 10,000 for Ninders
release. This was a large sum of money for a family of farm workers. Nevertheless,
Jagir Singh promised to raise the money soon. Three days after his arrest, Jagir Singh
brought his son back home after promising the SHO that he would pay him the
money within 10 days. But Jagir Singh failed to do so.
After two weeks, the Valtoha police, led by the SHO, raided Ninders house again
and took him away. The same day, Jagir Singh and other members of the village
council met the SHO who wanted him to fulfill the commitment of paying Rs. 10,000.
Jagir Singh raised the money by selling all the gold jewelry and ornaments belonging
to his wife. On the fourth day, he was ready to pay the SHO, but by then Ninder
Singh, along with four others, had been killed in an encounter.
On 2 December 1992, Yadwinder Singh and six other boys had been produced
before an army officer at the Harike Rest House, Lakha Singh Marar. They were
released after interrogation. On 25 December 1992, SHO Raghbir Singh and two of
his gunmen abducted Yadwinder from Harike Chowk. The next day, the family and
the Harike panchayat met the DSP of Patti who refused to listen to them.
Gursewak Singh was one of the four others who were shown killed in the same
encounter. He had gone to attend a religious function at Gurdwara Jhar Sahib, along
with several people of his village, and was on his way back home when the Valtoha
police arrested him. Three days after the arrest, Gursewak was shown killed in an
encounter with the police near Varnala village. Several newspapers covered the
encounter prominently on 29 December 1992.
Ninder Singhs father went to the civil hospital at Patti and managed to see the
body of his son. He had been shot in the forehead.
According to Jagir Singh, Gursewaks cousin Ranjit Singh, s/o Mukhtiar Singh of
Valtoha, Deol Patti, was arrested from Anandpur and killed in a separate incident of
a fake encounter.
Ninder Singhs mother Darshan Kaur was unable to bear the shock of her sons
death and became bed-ridden. She died, according to her brother Mukhtiar Singh,
from the grief and shock four years later.
three cremations, that of [1] Aroodh Singh, s/o Kam Singh Jat, r/o Manochahal; [2]
Resham Singh, s/o Tara Singh Jat, r/o Koharke; and [3] Ram Singh, s/o Moora
Singh, r/o Sur Singh, carried out by SHO Jagdeep Singh of Jhabbal police on 29
December 1992 under FIR no. 120/92. The post-mortem reports are marked as KK
71/92, KK 72/92 and KK 74/92. The cause of death is given as bullet injuries.
Through its incident report form nos. CCDP/00543, 00726 and 00795, The commit-
tee has acquired the following information about these cases. The main informants
are Jasbir Kaur and Sawinder Kaur, the widows of Arrodh Singh and Ram Singh,
respectively, and Resham Singhs father Tara Singh.
Fifty-five-year-old Aroor Singh, s/o late Bhamma Singh, was from Manochahal
Kalan village, Mamo Ki Patti under Jhabbal police station in Tarn Taran. Married to
Jasbir Kaur with six adult children, Aroor Singh was an employee of the Sikh Gurdwara
Management Committee (SGPC).
As an orthodox, baptized Sikh working for the SGPC,
Aroor Singh was considered a suspect and had been
picked up by the Khalra police for a serious round of
interrogation in December 1992. The police also ques-
tioned him about an incident in May 1992 in which
some armed unidentified persons had taken away his
Mahindra tractor. Finally, SHO Suba Singh released him
after receiving a bribe of Rs. 30,000.
Soon after Aroors release from the illegal custody
of Khalra police, SI Raj Kumar, SHO of Manochahal
police station, and his subordinate ASI Nachhatter Pal
came to his house again on 12 December 1992 when
Aroor Singh had gone out for SGPC work. The police
told the family members that Aroor Singh should report to Manochahal police sta-
tion when he returned.
On 15 December 1992 morning, Aroor Singh went to the police station along with
several well-known and respectable elders of the village. SHO Raj Kumar told them
that they had found Aroor Singhs stolen tractor and needed him to identify it. He
said that Aroor Singh would be released in the evening and that they could come
back to collect him. In the evening, the head of the village council and several other
elders accompanied Aroor Singhs wife Jasbir Kaur to the police station. SHO Raj
Kumar told them that they could not release Aroor Singh yet. But he asked Jasbir
Kaur to bring her husband a quilt since it was very cold and the police post did not
have blankets to spare.
The next morning when she went back to the police post, ASI Nachhatter Pal told
her to bring some food for Aroor Singh and promised to let her meet him. She came
with food and met her husband who was in very bad shape because of torture. Early
next morning, around 5 a.m. Jasbir Kaur went to the police post again and saw Aroor
Singh being taken out to the toilet. She saw that both his arms had been broken.
Aroor Singh told his wife to pursue his case vigorously, otherwise, they will kill
me, he pleaded.
On 18 December 1992, Jasbir Kaur went to the police post to discover that her
husband was no longer there. She learnt that he had been sent to the CIA interroga-
tion center at Tarn Taran. Jasbir Kaur along with members of the village council went
to the CIA interrogation center, but were neither able to see her husband nor get any
definite information about him. The village council members then approached SSP
Ajit Singh Sandhu through a person known to be close to him. The SSP demanded
Rs. 150,000 for Aroor Singhs release and wanted his wife to see him along with the
money. After some effort, Jasbir Kaur raised the money and met Sandhu at his office
28 December evening. Sandhu took the money and asked her to collect her husband
from Jhabbal police station the next morning.
On 29 December 1992, Jasbir Kaur, several family members and village elders
went to Jhabbal police station. SHO Jagdeep Singh told them that there was no one
with that name in his custody, but as there had been an encounter the last night on
the canal at village Dode, in which four militants had been killed, they should go to
Tarn Taran civil hospital and verify if Aroor Singh was among them. By then some-
one had acquired the days newspaper that carried a report about the encounter. The
Resham Singh
report identified Aroor Singh as one of the militants killed. The main Punjabi newspa-
pers, Ajit, Jagbani and Punjabi Tribune prominently reported the encounter.
Jasbir Kaur and others then went to Tarn Taran civil hospital and recognized
Aroor Singhs body. They were not allowed to attend the cremation.
The newspaper reports identified two others, Resham Singh and Ram Singh,
killed in the same encounter.
Resham Singh, s/o Tara Singh, was an unmarried young farmer from Kuharka
village, post office Shahbazpur, Patti Harie Ki under Patti police station. He had no
political or militant background and had never been arrested before.
Early 11 December 1992 morning, ASI Nachhatter Pal of Manochahal police post
came to the house and arrested Resham Singh when he was feeding his farm cattle.
Resham Singh started screaming as they dragged him into a vehicle, waking his
neighbours. They approached the ASI and pleaded with him not to take Resham
Singh since he was not involved in any crime. The police officer told them that
Resham Singh was under suspicion, but would be released if the village elders
testified. He asked them to come to Manochahal police post.
Few hours later, Tara Singh along with all of the members of the village council
went to Manochahal police station. They were told that ASI Nachhatter Pal and SHO
Raj Kumar had taken Resham Singh away for some investigation. Everyone waited
till late afternoon and then decided to meet Master Jagir Singh, then transport minis-
ter in Beant Singhs government. Jagir Singh promised to personally accompany
them to meet SSP Ajit Singh Sandhu and get Resham Singh released.
Around 10.30 a.m. on 12 December 1992, Tara Singh and all the village elders
reached SSP Tarn Tarans office. Jagir Singh came there at 11 a.m. and introduced
Tara Singh and his companions to the SSP who told them that he had already sent a
wireless message to Manochahal police station ordering Resham Singhs release. He
asked Tara Singh to go there and pick up his son.
Tara Singh and his companions then went to Manochahal police station and saw
that Resham Singh was sitting on the floor within the compound of the police station
and was crying. No one was allowed to talk to him. Just then DSP Ashok Kumar
arrived and asked Tara Singh and his companions about the purpose of their visit.
They told him about their meeting with the SSP and his instructions to take Resham
Singh from Manochahal police station with them. After hearing them out, DSP Ashok
Kumar and SHO Raj Kumar stepped aside to discuss the matter and then asked Tara
Singh to first pay Rs. 25,000. Tara Singh pleaded with them not to impose this burden
on him as he was poor and was facing financial problems. A deal was then settled for
Rs. 20,000. The same day, Tara Singh sold two of his sturdy buffaloes and paid Rs.
20,000 to SHO Raj Kumar who then asked him to take Resham Singh back after six or
seven days since he needed to recover from his torture to be able to walk again. Raj
Kumar allowed Tara Singh to give some bread and tea to Resham Singh who said that
his torturers had been threatening to kill him unless he sold his share of the land and
paid them the proceeds. Tara Singh told him not to worry since he had already got
the assurance from the SSP in the presence of a minister in the Punjab government.
Besides, he had just paid Rs. 20,000 to SHO Raj Kumar, who now asked Tara Singh
and his companions not to come to the police station too often, promising to release
Resham Singh as soon as he became fit enough to walk.
But the police did not release Resham Singh. Tara Singh and other village elders
continued to visit him at Manochahal police station over the next 16 days. The police
continued to torture Resham Singh and SHO Raj Kumar justified it by saying that it
was the minimum necessary duty he had to perform to fulfill the orders of his supe-
riors. But he kept assuring Tara Singh that Resham Singh would be released.
On 29 December 1992, Tara Singh read the report about the killing of four millitants
in an encounter at village Dode. Resham Singhs name was also mentioned in the
report. Tara Singh, along with several village council members, rushed to Manochahal
police station immediately after reading the newspapers. SHO Raj Kumar who was
present there in an inebriated condition, started abusing Tara Singh and others.
When reminded of Rs. 20,000 which he had taken to save Resham Singhs life, Raj
Kumar said that he had taken the money as the price for returning his body to them.
He asked them to collect the body from the civil hospital in Tarn Taran.
At the hospital, DSP Ashok Kumar and SI Nachhatter Pal abused Tara Singh
and ordered him to immediately return to his village. The police carried out the
cremations.
In the night on 29 December 1992, DSP Ashok Kumar, SHO Raj Kumar and SI
Nachhatter Pal, along with a large police force, came to Tara Singhs house and told
him that if he initiated any legal action, he and other members of his family would
meet Resham Singhs fate.
Tara Singh did not take any action. He has since become mentally unstable. His
yonger son, Nirvail Singh and his wife died under trauma sometime after Resham
Singhs murder.
The third identified person reported killed in the same encounter and cremated
on 29 December 1992 was Ram Singh, s/o Late Gura Singh, a 32-year-old farmer with
a wife and five children, who lived at village Sur Singh Wala, Patti Mana Ki, under
Bhikhiwind police station in Patti sub-division of
Amritsar district.
From early 1990, the police began to suspect the
family of sheltering and feeding militants. In February
1990, Ram Singh was arrested and jailed. In March 1990,
DSP Paramjit Singh, in-charge of the police post at Sur
Singh Wala, arrested Ram Singhs father Gura Singh
from his house. Gura Singh disappeared. Ram Singh
was released on bail three months after his fathers
disappearance. But the police continued to raid his
house, picking up various members of the family, in-
cluding women, for interrogation and torturing them in
police custody.
One day in late October 1990, DSP Paramjit Singh
Teja came into the village with a large police force and had all male residents gather
in the high school building. Many young men, including Ram Singh, were arrested
for routine interrogation and taken to the CIA staff interrogation center at Tarn
Taran. Ram Singh was brutally tortured by SSP Ajit Singh Sandhu and SP (opera-
tions) Khubi Ram. Later, he was transferred back to Jhabbal police station where
SHO Suba Singh registered a case against him under the Arms Act and TADA. Ram
Singh was lodged at Amritsars high security prison from 1 January 1992 to 28
December 1992.
Ram Singh
On 28 December 1992, Jhabbal police station obtained a production warrant for
Ram Singh and brought him for interrogation from Amritsar jail. It appears that the
local magistrate did not confirm his police remand until very late in the evening.
However, the reported encounter near Dode village in which Ram Singh, along with
Aroor Singh, Resham Singh and another unidentified militant, got killed was shown
to have taken place at 6:30 in the evening. The local television and radio channels
began to announce the encounter in their bulletins after 7:30 p.m.
Sawinder Kaur, Ram Singhs widow and our informant who now looks after her
five children and a 70-year-old mother-in-law wants that the truth about what really
happened should be established.
SHO Jagdeep Singh carried out yet another cremation on December 29 with refer-
ence to the case under FIR no. 120/92, with post-mortem report number KK-73/92.
tions on 31 December 1992. Those cremated are: [1] Inderjeet Singh, s/o Gurnam
Singh, r/o Sakhira; and [2] Gurpreet Singh, s/o Gurbaksh Singh, r/o Govind Pura,
carried out by SHO Swaran Singh of Tarn Tarans Sadar police station under FIR
no. 84/92. The post-mortem reports are marked as GSD 81/92 and GSD 84/92 and
the cause of death is mentioned as police encounter.
Through its incident report form no. CCDP/01445 and 01687, the CCDP has ac-
quired the following information about these cases. The main informants are Inderjits
father Gurnam Singh and Gurpreets father Gurbakhsh Singh.
Inderjit Singh was a 20-year-old unmarried boy from village Sakhira, Patti Bakhtiwal,
under Tarn Taran Sadar police station. His father Gurnam was a small farmer, but
managed to send Inderjit to school till matriculation. Interjit was an emotional and
religious minded boy. While in school, he had developed contacts with the militants
as a result of which the police started raiding his house. Hoping to spare his family
from harassment, Inderjit decided to go underground. The police, instead, increased
their pressure on his relatives, regularly abducting and torturing them under interro-
gation. The police stole all their household articles and finally burnt their village
house down. For nearly two years, the family had to live in hiding.
Thirty-four-year-old Gurpreet Singh, son of Gurbbakhsh Singh and Sawinder
Kaur, resident of Margindpura, Patti Lambian Di, under Bhikhiwind police station, in
Patti sub-division of Amritsar, was a farmer married to Rajinder Kaur. Their only son
Jagjot is now at least 10.
One of the four brothers, Gurpreet was an Amritdhari Sikh who began to associ-
ate with members of the Sikh Students Federation and other groups involved with
the armed resistance after the army s 1984 attack on the Golden Temple. The police
had arrested and interrogated him under torture a number of times and also booked
him in several cases under TADA. In October 1992, when the police started to pick
him up illegally after his release from jail on bail, Gurpreet left his home and began to
live with his relatives at Chandigarh.
Around 13 December 1992, Tarn Taran police led by SP (operations) Khubi Ram
raided a house in the town of Baba Bakala where Inderjit Singh and Gurpreet Singh
were temporarily staying. Before raiding the house and arresting them, the police
had picked up some Inderjits relatives who gave him shelter. Inderjits parents came
to know about the arrest but could not do anything to pursue his case since they
themselves were hiding. Thirteen days after the arrests, on 1 January 1993, Punjabi
newspapers published a report about an encounter in which five militants, including
Inderjit Singh and Gurpreet Singh, had been killed. The other three were described as
unidentified. The family was not even able to collect Inderjits ashes.
Gurpreets family members reached Tarn Taran cremation ground after reading
the newspaper report on 1 January 1993 only to discover that the police had
cremated all five bodies on a single pyre.
The CBIs List of unidentified cremations shows three cremations on 31 Decem-
ber 1992, Under serial nos. 578/963, 579/964 and 578/965, carried out by SHO Swaran
Singh of Tarn Taran Sadar police station in the case registered under FIR. no. 84/92.
The post-mortem reports are marked as GSD 78/92, GSD 79/92, and GSD 80/92.
tions carried out by SI Govinder Singh of Valtoha police on 13 January 1993, under
FIR no. 5/93. They are of: [1] Baghicha Singh alias Khalsa, s/o Sawinder Pal Singh
Jat, r/o Kalian Sikattra; and [2] Gurmej Singh alias Jeija, s/o Swarn Singh Jat, r/
o Valtoha. The post-mortem reports are maked as SLG 4/93 and SLG 3/93 and the
The CCDP has gathered the following information about Gurmej Singh through
Swaran Singh.
Gurmej Singh, son of Swaran Singh and Mohinder Kaur, was a 20-year-old un-
married farmer from village Valtoha, Deol Patti, in Patti sub-division of Amritsar
district. In 1992, the police had abducted and disappeared his uncle Dalbir Singh.
On 2 January 1993, the Valtoha police, led by the SHO, arrested Gurmej Singh
from a farmhouse at village Telian Wala Bara and killed him in a fake encounter along
with Bagicha Singh, s/o Salwinder Pal Singh of Kalsian Kalan village.
230. Under serial no. 281/968, the list identifies the cremation of Kulwant Singh,
alias Nishan Singh, s/o Kundan Singh, r/o Sarhalli Mand, carried by ASI Teg
Bahadur Singh of Bikhiwind police station on 27 January 1993 registered under
FIR no. 02/93. The post-mortem report is marked as SLG-06/93 and the cause of
Sawinder Kaur.
Nishan Singh, alias Kulwant Singh, resident of Sarhalli Manda, Patti Manne Ki
under Patti sub-division of Amritsar district, was a modestly well-to-do young farmer
married to Harjinder Kaur and had two young sons, now 12 and 10. Together with his
younger brother Satnam Singh, he owned more than 18 acres of irrigated land which
gave them a good income. Nishan Singh and Satnam Singh had three sisters: Manjit
Kaur, Sarabjit Kaur and Harjit Kaur.
Although Nishan Singh himself was a baptized Sikh, many in his family had
associated themselves with the Namdhari sect of Sikhism viewed generally by Akali
Sikhs as being pro-Indian establishment. Militants had killed his father Kundan
Singh on 17 March 1988, probably because of his religious inclination, and while
trying to save him from the attackers, his sister Manjit Kaur had been seriously
wounded, succumbing to her injuries a month later.
Baffling as it may seem, the police began to suspect Nishan Singh, Kundan
Singhs own son, ostensibly because he was an orthodox, baptized Sikh. The police
detained and tortured him a number of times under interrogation. According to
Nishan Singhs mother Sawinder Kaur, her husbands brothers and their families
were jealous of Nishan Singh and his younger brother Satnam Singhs prosperity
and were probably responsible for fueling these suspicions. As police atrocities
became very regular and intolerable, Sawinder Kaur sent her younger son Satnam to
live in the headquarters of the Namdhari sect at Bhaini Sahib in Ludhiana district.
Nishan Singh left home to become a militant.
The police now abused Sawinder Kaur and two of her remaining daughters.
Fearing torture and sexual abuse, they too left home and went in to hiding. The
police confiscated all their household goods and cattle: Six buffaloes, one wheat
harvesting machine, one tractor, three electric tube-well motors, 100 quintals of wheat
and even furniture.
Once in October 1992, Sawinder Kaur came back to her village to clean her house
and to make some arrangements for the cultivation of her land. Her younger son
Satnam Singh and her son-in-law Prem Singh, s/o Dara Singh, r/o Taje Chakk, had
also come along to help her. In the night, Satnam Singh and Prem Singh went to sleep
on the roof and Sawinder Kaur slept in the courtyard. After midnight, the police
raided the house and arrested both Satnam Singh and Prem Singh. They were taken
away in their nightdresses. Prem Singh returned a month later to tell her that the
police had taken them to Kairon police post and its in-charge, Naurang Singh, had
tortured them brutally for several days. Both of them had been locked up in the same
room, but when Satnam Singhs condition under torture became critical, he was lifted
into a police vehicle and taken away. Satnam Singh has since disappeared. Appar-
ently, he was killed in an orchestrated encounter and his body cremated by the police
without the familys knowledge. His cremation was carried out by SHO Govinder
Singh of Valtoha police station on 17 October 1992 mentioned in FIR no. 58/92. It is
recorded in the CBIs list of identified cremations Under serial no. 245/884. The post-
mortem report is marked as SLG-106/92 and the cause of death is given as police
encounter.
In the middle of January 1993, Nishan Singh, alias Kulwant Singh was arrested
from his sister Harjit Kaurs house on Pahuwind road in Bhikhiwind by SHO Suba
Singh of Khalra police station. SHO Suba Singh took Nishan Singh to Bhikhiwind
police station.
The next morning, Sawinder Kaur, her brother Gurdeep Singh and several village
elders met SHO Suba Singh to request him to release Nishan Singh or produce him
before a court. Suba Singh first demanded Rs. 100,000, but soon increased the de-
mand to Rs. 700,000. Sawinder Kaur could not have raised this money without selling
all of her possessions, including her tractor, harvest machine and other goods, which
the police had already taken away. She did not know what to do.
On 28 January 1993 morning, Punjabi newspapers published a report about the
killing of Kulwant Singh, alias Nishan Singh, and two other militants in an encounter
near village Bankan Baler. Sawinder Kaur was not informed about the cremation. She
went to Patti cremation ground and found out that the police had already cremated
her son.
The CBIs list of unidentified cremations, Under serial no. 581/969, also shows
one cremation carried out on 27 January 1993 by ASI Teg Bahadur Singh of Bikhiwind
police station in the case registered under FIR number 02/93. This may represent the
cremation of one of the people reportedly killed in the same alleged encounter as
Nishan Singh. We do not know what happened to the body of the second person
reportedly killed in the same encounter.
three cremations carried out on 30 January 1993 by the SHO of Jhabbal under FIR
no. 10/93. They are of [1] Sukhjinder Singh, alias Neetu, s/o Mukthiar Singh, r/o
Panjwar; [2] Tari, s/o Shinde, r/o Panjwar; and [3] Jaimal Singh, s/o Surjan Singh,
r/o Vandale. The post-mortem reports are marked as KSS-3/93, KSS-4/93 and
KSS-5/93. The cause of death is given as police encounter.
Through its incident report form nos. CCDP/01393 and 01397, The committee has
gathered the following information. The main informants are Mukhtiar Singh and
Shinda, the fathers of Sukhjinder Singh and Tari, respectively.
Sukhjinder Singh (20), and Tari (19), were two Mazhabi Sikh boys, clean-shaven
and unmarried, who lived in Mazhabian Di Thathi in Panjwar Khurd village. They
worked as agricultural workers and had no background of political or militant in-
volvement. They had never been arrested.
One of Taris uncles, Narvinder Singh, alias Bahman, got abducted and killed by
the police in a fake encounter.
Early one morning in the first week of December 1992, SHO Suba Singh of Jhabbal
police station arrested Tari at his house, and brought him to Jhabbal police station,
saying that he was needed for some inquiry. Taris family members met him in the
police station several times over the next weeks and the SHO promised that Tari
would not suffer any harm as he was needed only to verify some things. Nearly one
month after Taris arrest, SHO Suba Singh raided Sukhjinder Singhs house and
arrested him too. He was also held illegally in Jhabbal police station. On 29 January
1993, Jhabbal police staged an encounter in which Tari and Sukhjinder Singh and
two others, Jaimal Singh, s/o Surjan Singh from Vandale, and one unidentified mili-
tant, were reported to be killed. The news about the encounter was published in
several newspapers on 30 January 1993. The families were not informed about the
cremations.
the SHO Jhabbal carried out another cremation in the case under FIR no. 10/93 on 30
January 1993, with post-mortem report number KSS-6/93.
234. Under serial no. 285/974, the list identifies the cremation of Gurdeep Singh,
s/o Ajit Singh, r/o Kairon Mayaveran, carried out on 1 February 1993 by SI Sitaram
of Patti police station, under FIR no. 5/93. The post-mortem report is marked as
SLG-9/93 and the cause of death is given as police encounter.
The committee has acquired the following informa-
tion through its incident report form no. CCDP/00550.
The main informant is Manjit Kaur, Gurdeeps mother.
Twenty-five-year-old Gurdeep Singh, alias Mana,
from Kairon village under Patti sub-division of Amritsar
district, was a moderately well to do farmer, married to
Manjit Kaur with four children.
The police suspected the family of sheltering and
feeding militants. The police raided the house several
times and took Gurdeep Singhs father Ajit Singh to
Kairon police post in November 1992 for interrogation.
Ajit Singh disappeared.
In the third week of February 1993, ASI Naurang
Singh of Kairon police post arrested Gurdeep Singh. Manjit Kaur was unable to do
much. She had four small children, and her father-in-law had already disappeared,
she was paralyzed with fear. Her village neighbors were also afraid and did not want
to interfere. Gurdeep Singh was shown killed in an encounter on 31 January 1993. No
one informed her about the cremation.
235. Under serial no. 286/975, the list identifies the cremation on 1 February 1993
as that of Dilraj Singh, s/o Amar Singh, r/o Khapar Kheri, carried out by the SHO
of Verowal police station. The list does not mention the FIR no. The post-mortem
report is marked as PS-4/93 and the cause of death is given as police encounter.
tion on the case through its incident report form no.
CCDP/01323. The main informant is the victims father
Amar Singh.
Twenty-five-year-old Dilraj Singh, from Khapar Jheri
village near Chheharta in Amritsar, was a B. Sc. third
year student at Khalsa College and came from a well to
do family of baptized Sikhs. His father Amar Singh
owned 18 acres of good, irrigated land and was a re-
spected man in the village.
Dilraj Singh had excelled at his studies and had no
record of political or militant involvement. He was never
arrested or wanted by the police.
Dilraj was studying at home for his final examinations, scheduled to start on 27
January 1993. Early on 26 January 1993, Indias Republic Day, inspectors Surinder
Singh and Jagdeep Singh from Tarn Taran led a large force and raided the house and
took Dilraj into custody. Asked why and where they were taking him, the officers
told Amar Singh that they had come from Jalandhar Criminal Investigation Agency
(CIA) and that he should come to Jalandhar to get his answers. They were lying.
Amar Singh later found out that the two officers were with Tarn Taran police.
The next morning, Amar Singh, along with the head of the village council and
other promiment persons from his area, went to Jalandhar and met DSP Dilbagh
Singh, whom he knew. Dilbagh Singh made some inquiries and told him that Jalandhar
Gurdeep Singh
Dilraj Singh
police had not arrested his son.
Amar Singh had already suspected Tarn Taran police because, according to
many in the village, the police vehicles, after abducting Dilraj, had driven in the
direction of Tarn Taran. On 27 January 1993, Amar Singh went to Tarn Taran and met
DSP (detective) Gurmeet Singh who admitted that Dilraj was in their custody. Amar
Singh managed to walk into the CIA staff building in Tarn Taran when he went to
meet DSP Gurmeet Singh again on Saturday, and saw his son Dilraj Singh. Although
he was not able to talk to him, Dilraj seemed physically normal and did not appear to
have been tortured.
Amar Singh, along with several other persons, met DSP Gurmeet Singh again on
January 28. The DSP refused to release Dilraj Singh because, he had confessed to
his involvement.
Amar Singh spent the next days desperately trying to find some influential politi-
cal contact who could intervene and help. Before he could do much, newspapers on
2 February 1993 prominently carried a report about the killing of Dilraj Singh Raja and
one of his unidentified accomplices, described as dreaded militants of Babbar Khalsa,
in an encounter with the Verowal police near village Gagrewal. Amar Singh could not
identify the other boy killed in the false encounter and described as an unidentified
militant.
Amar Singh was not informed about the cremation, but he along with other family
members managed to reach Tarn Taran cremation ground and collect the ashes from
the spot indicated by the staff there. But he was not sure that he had actually
collected his own sons ashes.
Surprisingly, the CBIs list of unidentified cremations does not show any other
cremation held by the Verowal or Tarn Taran police on that day. The question is what
happened to the body of the person described as an unidentified accomplice of
Dilraj Singh. Also, if Dilraj was such a dreaded militant, killed in an encounter, why
did the Verowal police not file the case under an FIR?
The incident has left a deep impact on Dilrajs younger sister Raminder Kaur and
his mother Gursharan Kaur, both of whom, according to Amar Singh, have become
psychologically unstable.
236. Under serial no. 287/981, the list shows the cremation of Sukhdev Singh,
alias Sukka, s/o Balwant Singh, r/o Bhamanwala, carried out by SI Sita Ram of
Patti police station on 6 February 1993 under FIR no. 9/93. The post-mortem report
is marked as 6/2/93 and the cause of death is given as police encounter.
The CCDP has got the following information through its incident report form
nos. CCDP/01482 and 01370. The main informant is the victims father Balwant Singh.
Thirty-five-year-old Sukhwant Singh, alias Sukhdev, s/o Balwant Singh Taagi, was
from Bahmani Wala village in Patti sub-division of Amritsar district. He studied up to
higher secondary and then joined the SGPC. He was married to Mohinder Kaur and
had four children, two daughters and two sons. The eldest of them, Narinder Kaur, is
now 22.
Six months after he joined the SGPC in 1991, Amritsar police registered a case
against him under TADA and sent him to jail. While he was still in jail, Patti police
asked for his remand and, after his interrogation, implicated him in yet another case.
So, Sukhwant Singh remained in jail till the end of January 1993 when he was released
on bail. But the cases were still pending.
On 5 February 1993, Sukhwant Singh had to appear before the trial court in Patti.
So, he got up early and was getting ready to leave for the court when ASI Deedar
Singh from Patti police station, along with two constables, came to the house and
told Sukhwant Singh that he was wanted at Patti police station. Deedar Singh and his
constables waited and drank tea as Sukhwant Singh got ready and then they left
with him. Deedar Singh told his father Balwant Singh that he could come to the police
station around 9 or 10 a.m. and take his son along to attend the court hearing.
Balwant Singh, accompanied by other villagers, reached Patti police station, but
the SHO was not there. The constable on duty told him that his son was not there in
the police station either. Amar Singh then went to the court, but discovered that his
son had not appeared there. He became nervous and asked all his friends to help him
locate his son. He went back to Patti police station, but the SHO was still not there.
The next morning, as Amar Singh, his family members and other villagers were on
their way to Patti police station again, they learnt that the police had killed two
persons in an encounter staged near Sabhran village last night. Amar Singh rushed
to Patti hospital where the bodies had been taken for post-mortems. But the police
had already removed them for cremation. Amar Singh and his entourage then rushed
to the cremation ground, but the police did not allow them to attend the cremation.
Amar Singh and his family members saw the bodies from a distance and from the
clothes on one of the bodies they recognized Sukhwant Singh.
The police terror was at its peak at this time and Amar Singh could not do
anything. The next day when he went to the cremation ground to collect the ashes of
his son, he met the father of the other boy who had been killed in the same encounter.
The other boys name was Baldev Singh, from Galali Pur village. His father Gian
Singh said that Baldev had also been arrested from his residence.
According to the CBIs list of partially identified cremations, Under serial no. 111/
982, Baldev Singh was cremated by SI Sita Ram of Patti police station on 6 February
1993 in connection with the case registered under FIR no. 9/93. The post-mortem
report is stated to be unavailable. The cause of death is given as police encounter.
Baldev Singhs story is summarized in the relevant section of the report.
237 - 240. Under serial nos. 289/986, 290/987, 291/988 and 292/989, the list
shows the cremations of four persons carried out by SI Raj Kumar of Jhabbal on 9
February 1992 mentioned in FIR no. 14/93. They are: [1] Sulakhan Singh, s/o Lob
Singh, r/o Makaikey, Satra, PS Patti; [2] Gurnam Singh, alias Kakku, s/o Chanan
Singh, r/o Bhuchar Kalan, PS Jhabbal; [3] Bhajan Kaur, w/o R. Singh, r/o Sabaajpur;
and [4] Sukwinder Kaur, w/o Satnam Singh, r/o Khara PS City TT. The post-mortem
reports are marked as KK-4/93, KK-5/93, KK-6/93 and KK-7/93. The cause of
death is mentined as police encounter.
Through its incident report form nos. CCDP/01392, 01478 and 01439, the CCDP
has acquired the following information. The main informants are Gurnams brother
Makhtool Singh, Bhajan Kaurs brother-in-law Santokh Singh, and Sukhwinder Kaurs
husband Satnam Singh.
Gurnam Singh, s/o late Channan Singh from Bhuchar Kalan village under Jhabbal
police station, was a 50-year-old farmer married to Veer Kaur and had four children
who are all adults now. He was a poor farmer with only three acres of land and seven
mouths to feed, including his mother. He had no political or militant links and had
never been arrested before his killing.
One morning in the first week of January 1993, SHO Suba Singh of Jhabbal police
station raided Gurnam Singhs house and, in front of all the family members, took him
away in police custody. The village council members, who went to Jhabbal police
station to plead for his release, were told that the police would release him after
making some inquiries. Jhabbal police also wanted to arrest Lubhaya, a Mazhabi
Sikh of the same village whose fathers name was also Channan Singh. As Lubhaya
was not around, SHO Suba Singh took his father into custody and forced his family
to locate and produce him at the police station. Lubhayas father Channan Singh was
still in Jhabbal police station on 5 February 1993 when he saw Gurnam Singh for the
last time. According to Channan Singh, Gurnam had been badly tortured and was in
a critical condition when he left the police station on February 5. Four days later, the
police staged an encounter near Bhojian to declare that Gurnam Singh and four other
militants, including one unidentified militant, had been killed. Newspapers carried
reports about the encounter on February 9 and that is how the family learnt about
Gurnam Singhs killing.
According to Gurnams brother Makhtool Singh, our informant, the family mem-
bers could not even collect his ashes, as they did not know which of the five pyres
had been his. The two women killed in this fake encounter are Bhajan Kaur and
Sukwinder Kaur.
Fifty-year old Harbhajan Kaur, alias Bhajan Kaur, from Sehbaz Pur village under
Patti police station, was married to Kundan Singh and had five children. One of her
sons, Angrez Singh, was suspected of being involved with militant activities and
had been arrested and killed by the police in a fake encounter in 1991. Even after his
death, the police continued to raid their house and illegally detain and torture other
members of the family.
Harbhajan Kaur and her husband Kundan Singh had rented out a part of
their house in the village to 35-year-old Sukhwinder Kaur, a resident of Kherai
village, post office Dare Ke within Tarn Taran, who was a trained nurse and had a
private practice as a midwife in Sehbaz Pur. Sukhwinder was married to Satnam
Singh, an employee of the SGPC, and was the mother of two children. The police
had once illegally detained and interrogated Sukhwinder on suspicions of her
involvement with militants, but they released her unconditionally after some days
of questioning.
Sukhwinder had a brother-in-law, Randhir Singh, the younger brother of her
husband Satnam Singh. Randhir had a three-and-a-half-year-old son named Sarabjit
Singh who was kidnapped in January 1993. The police detained many people and
managed to recover the kidnapped child. Even then the ASI of Manochahal police
post instructed that Sukhwinder come for questioning to the police post. ASI Raj
Kumar detained her around February 4. After holding Sukhwinder in illegal deten-
tion for a day, SI Raj Kumar also arrested Harbhajan Kaur. When Sukhwinders family
met the in-charge of the police post to find out why they were holding Sukhwinder
and Harbhajan, they received evasive answers. They also met DSP Ashok Kumar for
his intervention, but nothing happened. On 9 February 1993, newspapers published
a report that said that Sukhwinder Kaur and Harbhajan Kaur were killed in a so-called
encounter, along with Gurnam Singh and Lubhaya of Bhuchar Kalan, and Sulakhan
Singh of Kakaikey village staged near Bhojian village on 8 February 1993. The fami-
lies were not informed about the encounter and the police carried out the cremations.
As the CBIs list of unidentified cremations shows, Under serial no. 588/990,
Lubhaya of Bhuchar Kalan got cremated on February 9 as an unidentified body
under the same FIR. His post-mortem report was marked as KK-8/93.
241. Under serial no. 294/994, the list identifies the cremation of Jaswant Singh
alias Jassa alias Master, s/o Manga Singh Majbi, r/o Akbarpur, PS Bikhiwind,
carried out on 17 February 1993, by Teg Bahadur Singh of Bikhiwind police sta-
tion. There is no FIR no. and the post-mortem report is marked as SLG-10/93. The
In this case, The committee has acquired the following information through its
incident report form no. CCDP/01548. The main informant is Surjan Singh, the victims
uncle.
Thirty-year-old Jaswant Singh, son of Ganga Singh, identified in the CBIs list as
Manga Singh Majbi, resident of Akbarpur, post office Margindpura, under Bhikhiwind
police station, in Patti sub-division of Amritsar district, was a trained primary school
teacher. In 1993, he was posted at a government primary school at Sunam in Sangrur
district of Punjab. He was married, but his widow has since returned to her parents.
On 11 January 1993, a large police force from Bhikhiwind police station, led by
SHO Teg Bahadur Singh, raided Jaswants village house at Akbarpur and arrested
many of his relatives, including uncle Surjan Singh, his sister Guddi and her husband
Kashmir Singh from Dhira Ghaha village in Ferozepur district. Separately, the police
also arrested Jaswants cousin Gurbachan Singh, son of Sohan Singh, resident of
Kasabad village in Ludhiana district. The police tortured them all brutally at Bhikhiwind
police station for information about Jaswants whereabouts. Under severe torture,
Gurbachan Singh revealed to SHO Teg Bahadur Singh and ASI Sucha Singh that he
was posted as a teacher at a government school in Sunam.
Gurbachan was forced to come along with the police force to Sunam where the
police arrested Jaswant Singh from his school. They brought Jaswant Singh back to
Bhikhiwind police station and brutally tortured him in the presence of his family
members who were still in illegal custody. All of the family members arrested on 11
January 1993, including Gurbachan Singh, were released from Bhikhiwind police
station the day after Jaswants arrest.
According to Surjan Singh, Jaswant Singh was declared to have been killed in an
encounter, staged near village Soorwind, four or five days after his arrest from
Sunam. The Bhikhiwind police carried out the cremation without informing the fam-
ily, which remained fearful and could not take any action.
242. Under serial no. 295/996, the list identifies the cremation of Mukhtiar
Singh alias Mukka, s/o Gurmail Singh Jat, r/o Dariwal, carried out by SHO
Govinder Singh of Patti police station on 18 February 1993, under FIR no. 12/93.
The post-mortem report is marked as 28/2/93 and the cause of death is given as
police encounter.
form no. CCDP/01572. The main informant is the victims father Surmel Singh whose
name has been wrongly reported in the CBIs list as Gurmel Singh.
Thirty-five-year-old Mukhtiar Singh alias Tari, son of Surmel Singh and Darshan
Kaur, was a resident of village Dhariwal in Patti sub-division of Amritsar district. The
older of two brothers, Mukhtiar worked as a conductor in a public transport bus
belonging to a private company. He was unmarried and lived with his parents. His
younger brother helped his 70-year-old father look after the farmland. Mukhtiar and
his family members had no connection with the militancy and had never been ar-
rested or interrogated by the police.
On 6 February 1993, around 1 p.m. ASI Balraj Singh, in-charge of the police post
at Luhka village, came with a police force to Ghariala bus stand and abducted Mukhtiar
Singh who was standing near his bus at the parking place. A shopkeeper at the bus
stand immediately sent a message to his family, and his uncles Mohan Singh and
Bachint Singh, along with several village elders, met ASI Balraj Singh at his police
post to inquire about Mukthiar. The ASI said that Mukhtiar was needed for interro-
gation in connection with the investigation of a case and that his release would
depend on the outcome.
Later that evening, ASI Balraj Singh arrested Mukhtiars parents, Surmel Singh
and Darshan Kaur, when they were returning home from Patti town where they had
gone for some shopping. Mukhtiar Singh, in very critical condition from torture, was
in the police vehicle when the ASI arrested his parents. At Luhka police post, the
police released Darshan Kaur, but they tortured Surmel Singh and asked him to
reveal where he had hidden the weapons belonging to militants. Both Mukhtiar
Singh and his father continued to insist that they were innocent and the accusations
against them were unfounded. After interrogating them under torture, the police
locked both Surmel Singh and Mukhtiar Singh in separate cells.
Early next morning, Surmel Singh saw his son for the last time when he was taken
out of the lockup for a trip to the toilet. He could not walk and his physical condition
was very critical. Later that day, a group of officers from Kairon police post came to
Luhka police post and took Mukhtiar Singh along with them. Surmel Singh remained
in the lock up illegally for 12 days thereafter, but he did not see his son again.
Several members of the family met the in-charge of Kairon police post, ASI Naurang
Singh, to find out about Mukhtiars condition and what he proposed to do with him.
ASI Naurang Singh said that the DSP of Patti police was directly handling Mukhtiars
case and advised them to contact him. When the family members met the DSP, he
demanded Rs. 50,000 for Mukhtiars release. The family needed time to raise the
money and implored the officer not to harm him in the meantime. They managed to
collect the amount by February 18.
Early that morning, Mukhtiar was declared killed in an encounter with the Patti
police near village Joran. The police carried out the cremation which the family was
not allowed to attend. Surmel Singh was released from his illegal detention at Luhka
police post on 19 February 1993.
243. Under serial no. 296/997, the list identifies the cremation of Jaswinder
Singh alias Narinder Singh, s/o Jaswant Singh Jat, r/o Manwa, carried out by Teg
Bahadur Singh of Bikhiwind police station 2 March 1993, under the FIR no. 5/93.
The post-mortem report is marked as KS-11/93 and the cause of death is said to be
police encounter.
form no. CCDP/01678. The main informant is the victims father Salwant Singh.
The CBIs list wrongly identifies the victim with the name of Jaswinder Singh
alias Narinder Singh. His actual name was Narinder Singh and he was also known as
Punjab Singh. Twenty-five-year-old Narinder, son of Salwant Singh and Sukhbir
Kaur, was a farmer from Manawa village, under Khemkaran police station, in Patti
sub-division of Amritsar district. The youngest of four brothers, he was unmarried.
Narinders cousin Sukhpal Singh, son of Ranga Singh of Manawa village, was a
militant who was killed in an encounter with the BSF in 1988. The incident provoked
Narinder, who had been picked up illegally for interrogation under torture before, to
follow the path of his slain cousin. For the next five years, his family members
suffered enormous police atrocities because of this decision. The police regularly
detained and tortured them. The police illegally detained and tortured Narinders
three sisters and his sister-in-law at Makhu and Bhikhiwind police stations for long
periods. The police demolished their house and confiscated all household belong-
ings. Also, the police prevented them from cultivating their land.
Early morning on 28 Febraury 1993, SHO Teg Bahadur Singh of Bhikhiwind po-
lice station arrested Narinder while he was coming out of a gurdwara at Baba Budha
Sahib. Narinder was killed in an encounter staged near village Banka Blare in the
night intervening 1 and 2 March 1993. The encounter was staged while several of
Narinders relatives were being illegally held at Khemkaran police station. Among
them were his uncles Kartar Singh, Jeet Singh and Baljit Singh, and his brothers
father-in-law Gian Singh. The police carried out the cremation after declaring the
body to be unclaimed.
The family members could not even collect his ashes.
244. Under serial no. 297/998, the list identifies the cremation of Gurbhachan
Singh Manochahal, s/o Atma Singh, r/o Manochahal, now Nowshara Pannua, un-
der Sarhalli police station. The cremation was carried out on 1 March 1993 by
SHO Gurbhachan Singh of Tarn Tarans City police station under FIR no. 16/93.
The post-mortem report is marked as SK-1/93. The cause of death is given as
police encounter.
form no. CCDP/01075. The main informant is Gurbachans brother Tarlochan Singh.
Gurbachan Singh Manochahal, s/o Atma Singh from Naushehra Pannuan village
in Tarn Taran sub-division of Amritsar district, was a well-known figure of the sepa-
ratist militancy in Punjab. He was 38, married to Dalbir Kaur and had three sons who
are now in their teens and early twenties. Gurbachan Singh, the eldest among four
brothers and a sister, passed the high school and joined the army . In 1975 or 1976,
Gurbachan was arrested and punished with one-year imprisonment and dismissal
from the service by a court-martial on the charge of insubordination. He had slapped
a superior officer who was abusing him.
After spending one year in jail, Gurbachan became close to the Dam Dami Taksal,
an orthodox center of Sikh learning headed by Jarnail Singh Bhindranwale from 1977
to 1984. On 13 April 1978, Gurbachan took part in the demonstration called by
Bhindranwale to protest against a public function at Amritsar organized by the
Nirankari sect whose religious practices and professions offended orthodox Sikhs.
The demonstration provoked violence and 17 participants died when Nirankaris
opened fire. Gurbachan Singh was injured and had to be hospitalized. After this
incident, Gurbachan Singh became a regular companion of Bhindranwale, accompa-
nying him on his missionary tours within Punjab and outside.
In July 1982, when Bhindranwale started a public campaign to protest the
arrest of some of his close associates, Gurbachan Singh actively participated. After
the June 1984 army assault on the Golden Temple, anticipating his arrest, Gurbachan
Singh left his house. The army raided his house and not finding him, arrested
his brother Narinder Singh and one of his uncles, Piara Singh, resident of
Deenpur village. The army also confiscated his tractor and a jeep belonging to
the gurdwara in the village. The police implicated Narinder Singh in a case under
the Arms Act. The Sarhalli police then arrested Gurbachan Singhs father
Atma Singh and detained him in illegal custody for more than a month to compel
his son to surrender. Gurbachan Singh Manochahal was not a man to surrender
and many of his close relatives, including his father Atma Singh and mother
Gurmej Kaur, had to suffer illegal detention, torture and disappearence before
he would meet his own end in a fierce encounter with the security forces eight
years later. Also, he was not the only person in the family sought by the Indian
authorities.
In 1977, Atma Singhs younger son Tarlochan Singh had joined 9 Sikh Regiment
of the Indian army , and was based at its headquarters in district Ganganagar of
Rajasthan. Following the army assault on the Golden Temple in June 1984, Tarlochan
Singh and a few hundred other Sikh soldiers rebelled and, after capturing several
army vehicles, moved towards Amritsar. Tarlochan Singh and his group was finally
cornered by the army at village Kot Sukhiya near Moga and, because of the tactful
handling of the situation by a Sikh commander, captured without bloodshed.
Tarlochan Singh was sentenced to 14 years of imprisonment.
After June 1984, Gurbachan Singh Manochahal joined the ranks of militants,
became a member of the Panthic Committee, the apex body of militant outfits commit-
ted to avenging Indias military aggression, and had declared the establishment of
an independent Khalistan. He was killed in a fierce encounter that occurred on 28
February 1993 at village Rataul. The encounter was genuine and Gurbachan Singh
Manochahal, along with seven close follwers, died fighting. Also, 12 policemen,
including DIG, Ajit Singh, died in the encounter.
The significance of the case study of Gurbachan Singhs life and his death in an
encounter is, however, that the police abducted and disappeared or killed in fake
encounters 17 of his close relatives, including his father Atma Singh, mother Gurmej
Kaur, and brother Nirvail Singh.
245. Under serial no. 299/1003, the list identifies the cremation of Jasbir Singh,
alias Jassa, s/o Sardool Singh, r/o Nagoke, carried out by the SHO of Goindwal
police station on 20 March 1993, under FIR no. 10/93. The post-mortem report is
marked as KK-10/93 and the cause of death is given as police encounter.
through its incident report form no. CCDP/00730. The
main informant is the victims widow Davinder Kaur.
Forty-year-old Jagbir Singh, alias Jagga, s/o Sardool
Singh, r/o Nagoke, Behak Nere Alian under Verowal
police station in Tarn Taran sub-division of Amritsar
district, was a farmer married to Davinder Kaur with
four children. The eldest daughter is now 19.
Jagbir was a baptized Sikh and a member of the Sikh
Students Federation. He participated in Akali politics
when they launched the agitation for the implementa-
tion of the Anandpur Sahib resolution in July 1982. Ideo-
logically, he associated with the position represented
by Jarnail Singh Bhindranwale. After the June 1984 assault on the Golden Temple,
the police wanted to arrest Jagbir Singh. He evaded arrest until Baba Uttam Singh, a
known Sikh religious figure from Khadur Sahib Gurdwara, got him produced before
the police in 1986. Jagbir Singh was formally arrested and sent to jail, but was re-
leased on bail after three months. Jagbir remained politically active and was a candi-
date from Beas assembly constituency in the aborted 1991 state assembly elections.
During electioneering, he received official body-guards for protection from militants
who had called for a boycott. These body guards were still with him when, soon after
the decision to abort the elections, Goindwal police started raiding his house to
arrest him. The police confiscated a public transport truck and other valuable house-
hold goods owned by his father, and also burnt down his crops.
Not wanting to face police torture again, Jagbir Singh went underground and
joined the ranks of militants. By February 1992, Punjab came under Congress rule
with Beant Singh as the chief minister and K.P.S Gill as the DGP. As the police
pressure on his family intensified, Jagbir shifted his residence from Punjab to
Kachhrawal village under Muhammadi sub-division of Lakhimpur Kheri district in
Uttar Pradesh and lived there peacefully for the next year.
On 4 March 1993, Jagbir Singh and his wife, along with Surmukh Singh of
Kachhrawal village, started on a pilgrimage to Hazur Sahib, one of the five most
important shrines of religious authority for the Sikhs. Hazur Sahib is located at
Nander near Hyderabad, where Guru Govind Singh died. On the way, Jagbir Singh
and his group made a stop at a gurdwara in Agra. Somehow, the Punjab police found
out about Jagbirs itenerary and a large force from Verowal, Goindwal and Tarn Taran,
in plainclothes, was waiting for him at the Gurdwara in Agra. The police, led by
inspector Gursharan Singh Bedi and sub-inspector Jasbir Singh of Verowal police
station, nabbed Jagbir and his companion Surmukh Singh outside the gurdwara in
Agra on 4 March 1993 around 4 p.m. forced them into a vehicle and drove away with
them. Jagbirs wife Devinder Kaur, who had not been arrested, left for Punjab and
informed her in-laws about the abduction.
Jagbirs family members talked to politically prominent persons in their area,
requesting them to intervene and rescue Jagbir from the illegal police custody. Jasbirs
father Sardool Singh managed to meet his son at the CIA interrogation center in Tarn
Taran on 14 and 15 March 1993. But his efforts to persuade the police officers to
either release him from illegal custody or bring him before a court for trial remained in
Jasbir Singh
vain. On 21 March 1993, Punjabi newspapers reported the killing of a dreaded
militant Jagbir Singh and one of his unidentified accomplices in an encounter near
village Bhoian under Goindwal police station. The bodies were not returned to the
families and the cremations were carried out by the police. Jagbirs companion Surmukh
Singh had no connection with the militant or the political movement in Punjab. It is
unclear what happened to his body since his cremation does not figure in any one of
the CBIs three lists.
246. Under serial no. 300/1005, the list identifies the cremation of Balwinder
Singh, alias Rabero, s/o Nazar Singh, r/o Manochahal, carried out on 30 March
1993, by SHO Surinder Pal Singh of Sarhalli police station under FIR no. 23/93.
The post-mortem report is marked as GSD-9/93 and the cause of death is given as
police encounter.
The committee through its incident report form no. CCDP/00756 has the follow-
ing information about the case . The main informant is the victims widow Gian Kaur.
Forty-year-old Balwinder Singh, alias Billu, s/o Karaj Singh, r/o Patti Mamo Ki in
Manochahal Kalan village under Tarn Taran sub-division of Amritsar district, was a
graduate and a constable with the Punjab Armed Police. He was married to Gian Kaur
and had four children. The eldest daughter is now 21.
Balwinder Singh, cousin of a known militant leader Gurbachan Singh Manochahal,
was deployed in Jalandhar in October 1986 when an attempt was made to assassi-
nate then DGP Punjab, J. F. Ribeiro. Balwinder was suspected of complicity in the
attempt, dismissed from service and arrested on multiple charges of murder, attempt
to murder, rioting, armed with a deadly weapon and being a member of an unlawful
assembly guilty of offence committed in prosecution of common object under sec-
tions 302, 207, 148 and 149 of the IPC and 25/24/59 of the Arms Act and 3/4 of TADA.
Pending trial, Balwinder was dismissed from the Punjab Armed Police. As an undertrial,
Balwinder Singh remained in the high security prisons of Sangrur and Nabha for
three-and-a-half years, but managed to secure his release on bail in 1990. Following
his release, Balwinder shifted residence to his wifes parents village Vei Pui near
Khadur Sahib in Amritsar district and began to earn his livelihood as a farmer. He
also regularly attended his trial before a special court.
In May 1992, the police started to raid his house in Vei Pui village to rearrest
Balwinder. Fearing custodial torture and elimination, Balwinder began to stay away.
The raids, conducted by SHO Surinder Pal Singh of Goindwal police station and
assistant-sub-inspectors Balvir Singh of Fatehabad police post and Interjit Singh of
Naushehra Pannuan police stations, began to get more and more aggressive. In early
June 1992, ASI Balvir Singh arrested Balwinders wife Gian Kaur, her father Arjan
Singh and mother Karam Kaur and held them illegally at Fatehabad, Khadur Sahib,
Sarhalli, Naushehra Pannuan and Verowal police stations till the end of March 1993.
The police brutally tortured all of them, particularly Arjan Singh. They were also
made to do menial jobs for the police like cleaning the floors, washing clothes and
dishes and even cooking. The police also confiscated their household goods, in-
cluding 100 quintals of wheat, 150 quintals of paddy, farm and milk cattle, utensils
and even beddings.
Balwinder rented a house at Mehatpur village near Nakodar in Jalandhar district
and began to live there with his four children. His sister-in-law Rajwant Kaur visited
them frequently to cook for the children.
On 21 March 1993, Arjan Singh was brought to Goindwal police station where
SHO Gurcharan Singh Bedi and other police officers asked him to come along with
them to identify Shamir Singhs house in Manochahal village. Shamir Singh had
arranged the marriage of Balwinder Singh and Gian Kaur. Arjan Singh had no choice
but to do as told and, the same evening, the police arrested Shamir Singh. After
arresting him, the police went to Bhairowal village and arrested Malkeet Singh, son
of Kartar Singh. Then the police took them all to Mehatpur where Balwinder had
rented a house to live with his children. Around 4 a.m. on March 22, when they all
reached there, the police made Arjan Singh, Shamir Singh and Malkeet Singh walk in
front of them and call out for Balwinder Singh. The police had also surrounded his
house from all sides and some had even climbed the roof. Balwinder was preparing
for his bath and was only in his underwear. The police promptly overpowered him
and tied his hands behind his back. The police woke up all the children and also
confiscated the household goods. All of them were then taken to Goindwal police
station where Balwinders wife Gian Kaur and her mother Karam Kaur were also
present. Gian Kaur managed to talk to her husband briefly before they took him
away. Balwinder told her to look after their children saying, It is now your respon-
sibility. The same group of officers then took Balwinder away to some unknown
place.
Nine days later, on 31 March 1993, Punjabi newspapers published a report about
the killing of Balwinder Singh in an armed encounter with the police at village Kora
Madhana. All the family members of Balwinder Singh who had been kept in illegal
detention since May 1992 as well as those arrested on 21 March 1993 evening were
released by SHO Gurcharan Singh Bedi from Goindwal police station on 30 March
1993 morning. Balwinders body was not returned to the family. The CBIs list of
unidentified cremations Under serial no. 595/1006 shows that SHO Surinder Pal Singh
of Sarhalli police station carried out the cremation of another body under the same
FIR no. 23/93 at Tarn Taran on 30 March 1993. The post-mortem report of the uniden-
tified body is given as GSD-8/93 and the cause of death is mentioned as fire arm
injuries.
247 - 249. Under serial no. 303/1009, 302/1008 and 301/1007, the list identifies
three cremations on 5 April 1993 carried out by Mohinder Singh, SHO of Tarn
Taran Sadar police station under FIR no. 24/93. They are of: [1] Balbir Singh, s/o
Mukhtiar Singh, r/o Deo; [2] Bitta, s/o Mukthiar Singh, r/o of Deo; and [3] Rana
Pratap Singh, s/o Jaila Singh, r/o Deo. The post-mortem reports are marked as
PK-4/93, PK-5/93 and PK-3/93. The cause of death is given as police encounter.
its incident report form no. CCDP/01130, 01145, and 01146. The main informants are
Rana Prataps father Zail Singh; Gurmej Kaur, mother of Beeta Singh who is incor-
rectly identified as Bitta; and Balbir Singhs father Mukhtiar Singh.
Twenty-year-old Mehlon alias Rana Pratap Singh, son of Zail Singh and Veero,
resident of Deoo village, Havelian, under Tarn Tarans Sadar police station was a
Mazhabi Sikh who earned his livelihood as a laborer. He was married to Sheero and
had two young children. According to his father Zail Singh, Mehlon did not have
links with the militant or political groups.
Eighteen-year-old Beeta Singh, son of Mukhtiar Singh and Gurmej Kaur, was
a Mazhabi Sikh boy resident of Deoo village under Tarn Tarans Sadar police
station. He was unmarried and worked as an agricultural laborer. According to
his mother Gurmej Kaur, Beeta had no links with the militant movement and was a
clean-shaven Sikh.
Sixteen-year-old Balbir Singh, a class XI student of a senior secondary school at
Kang, belonged to a poor family of Mazhabi Sikhs from Deoo village under Tarn
Tarans Sadar police station. His parents were ardent followers of the Radhaswami
sect, but Balbir Singh himself was not particularly religious. He was not associated
with any political or militant organization, and had never been arrested before this
incident.
According to the family members of the three boys, Karam Singh, an influential
Jat Sikh in the village, accused the three Mazhabi boys of teasing his daughter and/
or writing a love letter to her. Karam Singh had announced his plan to summon the
three boys before the village council for appropriate action against their behavior.
According to Balbirs father Mukhtiar Singh, Karam Singh had a lot of influence over
the local administration and instigated the police to teach the boys a lesson.
On 31 March 1993, around 9 a.m. Balbir was eating
breakfast at home when sub-inspector Mohinder Singh
of Kang police post came with a large force and took
him into custody. Sub-inspector Mohinder Singh man-
handled Balbirs parents, tied Balbirs arms behind his
back and took him away along with Beeta and Mehlon,
alias Rana Pratap Singh, of the same village, who had
been arrested from their homes before the police came
to get Balbir.
The family members of the three boys and some
elders of the village council went to Kang police sta-
tion the same day and met SHO Mohinder Singh to
plead for their release. The SHO said that he would
release them after their interrogation. One of Balbirs
maternal aunts, Jaswant Kaur, was a sub-inspector of the Punjab police. She met
SHO Mohinder Singh and requested him to release the boys. The boys, whom
Jaswant Kaur met in police custody, had been badly thrashed, but the SHO promised
to release them after the injuries on their bodies had healed. Jaswant Kaur also met
DSP Dilbagh Singh who gave her the same assurance. The police too repeated the
same to the village elders who continued to visit the police station to secure the
boys release.
In spite of the promises, all three boys were killed in an elaborately orchestrated
encounter on 5 April 1993 morning near Bhullar bridge on Pakhoke canal. DSP
Dilbagh Singh, SHO Pooran Singh of Sadar police station of Tarn Taran and
sub-inspector Mohinder Singh of Kang police post claimed to have led the
encounter. On 6 April 1993, several Punjab newspapers prominently reported the
encounter. The police carried out the cremations and did not let the families attend
the funeral.
Balbir Singh
250. Under serial no. 304/1010, the list identifies the cremation of Surjeet Singh
alias Peeja, s/o Subha Singh, r/o Cheena Beedi Chand, carried out by the SHO of
Jhabbal police station on 14 April 1993, under FIR no. 38/93. The post-mortem
report is marked as KK-15/93 and the cause of death is given as police encounter.
incident report form no. CCDP/01422. The main informant is the victims mother
Harbans Kaur.
Twenty-five-year-old Surjit Singh was a poor Mazhabi Sikh boy from Mazhabhian
di Thatti in Cheena Bidhi Chand village under Jhabbal police station in Tarn Taran
sub-division of Amritsar district. His father had died early, and Surjit earned his
livelihood as a casual laborer. Surjit had no links with any political or militant group.
He was married, but his widow has since remarried.
In the beginning of April 1993, Jhabbal police led by its SHO raided Surjits house
and, not finding him home, took two of his brothers to the police station. The police
instructed his mother Harbans Kaur to produce Surjit Singh.
On 5 April 1993, Harbans Kaur along with several village elders, members of the
village council, and her own relatives produced Surjit Singh before SHO Balbir Singh
and ASI Faqir Chand of Jhabbal police station who said that they had to interrogate
him. The police released his brothers who had been detained illegally since the
beginning of the month. Harbans Kaur continued to visit the police station where
she saw her son daily until 13 April 1993. That night the police killed him in a sup-
posed encounter and cremated his body as unclaimed/unidentified. The family,
which learnt about the killing from the local newspapers that carried a report on 14
April 1993, was not informed about the cremation. Due to the police terror, the family
could not take any action.
251. Under serial no. 305/1011, the list identifies the cremation of Harbans Singh
alias Bansa, s/o Milkha Singh alias Muhtiar Singh, r/o Uboke, on 15 April 1993
carried out by the SHO of Tarn Tarans Sadar police station under FIR no. 28/93.
The post-mortem report is marked as PS-11/93 and the cause of death is given to be
police encounter.
Paramjit Singh.
Harbans Singh alias Bansa was the eldest son of Milkha Singh and Parkash Kaur,
resident of Uboke, post office Bahmani Wala, Chardi Patti, under Patti sub-division
of Amritsar district. Thirty-year-old Harbans had three younger brothers and a sis-
ter; his father Milkha Singh had died while they were still young. Harbans had to
leave school and work on his farm to care for the family. He was a baptized Sikh.
In 1991, the Patti police began to raid Harbanss house on the basis of the suspi-
cion that he had given shelter and food to some militants. The police detained and
tortured him and raided his house regularly.
To avoid constant harassment and torture, Harbans went away to Kanian Wali
village under Sadiq police station in Faridkot district where two of his maternal
uncles, Randhir Singh and Ranbir Singh, lived. Harbans Singh began to cultivate
other farmers land on a contractual basis. His family remained at Uboke and bore the
brunt of police atrocities.
In September 1992, Harbans was arrested by the CIA staff office at Faridkot and
the Sadiq police on the basis of information received by an informer. The police also
detained and tortured his uncles Randhir Singh and Ranbir Singh for more than a
month. While in detention, the police forced Randhir Singh to withdraw a large
amount of money from his bank account for their own gratification. Faridkot police
went on to forge documents to claim that Harbans was arrested following an encoun-
ter. He was implicated in cases under TADA and the Arms Act. Harbans remained in
Faridkot jail for four months. Then the Patti police applied for his remand to custody for
further investigations and charged him with more offences under TADA.
In the second week of April 1993, Tarn Tarans Sadar police asked for Harbans
Singhs custody, once again, ostensibly to investigate his involvement with other
terrorist offences. They brought him for interrogation to Sadar police station.
Harbanss family members became apprehensive and contacted several influential
persons, including a former MP, to intervene. These persons promised to help and
visited Harbans in the police lockup to let the officials know they were watchful and
interested in his well-being. However, Harbans Singhs life could not be saved.
On 16 April 1993, the Punjabi daily Ajit published a report about an encounter,
staged by the Sadar police near village Sheron to claim that Harbans Singh and
another unidentified militant were killed when a group of militants attempted to
rescue them while they were on their way, under police custody, to recover their
weapons.
It was the peak period of police terror in Punjab and the family was unable to do
anything to question the police version of the encounter. They went to the crema-
tion ground where the attendants showed them the pyres on which the police had
burnt the bodies on 15 April 1993.
The CBIs list of identified cremations shows the cremation of Harbans Singh.
The second cremation, carried out by the SHO of Tarn Tarans Sadar police station
carried out on the same day and listed under FIR no. 28/93, is recorded in the CBIs
list of unidentified cremations Under serial no. 596/1012.
According to Paramjit Singh, a group of CBI officials approached the family
members after the Supreme Court ordered an investigation into the allegations of
secret cremations in Punjab. The officials visited them a number of times and re-
corded their statements. The CBI inspector, Naresh Kumar Talwar, told them that the
officials responsible for arbitrary execution of Harbans Singh, which was explained
away as an encounter, would be prosecuted before a court in Patiala. However, so far
they have not so far received any summons from the court and are not aware of any
development in the case.
Two officials responsible for Harbans Singhs murder, Pooran Singh and Jagir
Singh, later approached Paramjit Singh for a compromise, offering him money, if he
withdrew the case. But he spurned the offer in the hope that the wheels of justice
might move one day.
252 253. Under serial nos. 306/1013 and 307/1014, the list identified two crema-
tions on 18 April 1993 carried out by SI Govinder Singh of Patti police station
under FIR no. 27/93. They are of [1] Pargat Singh alias Pagga, s/o Sajan Singh Jat,
r/o Sarhalli Manda, and [2] Bakakshish Singh alias Bisha, s/o Teg Singh Mazhavi,
r/o Sandhoo. Pargat Singhs post-mortem report is maked as 18/4/93, and the
cause of his death is given to be police encounter. Bakakshish Singhs post-
mortem report and cause of death are marked as not available.
incident report forms no. CCDP/01496 and 01603. The main informants are the vic-
tims mothers Jagir Kaur and Bhajan Kaur.
Twenty-five-year-old Pargat Singh, son of Sajjan Singh and Jagir Kaur, was origi-
nally a resident of Sarhalli Mandan, Patti Manne Ki, in Patti sub-division of Amritsar
district. His father had died and his mother brought up five sons, including Pargat,
and a daughter on her own. Pargat Singhs four brothers were farmers and he became
a taxi driver. In 1988, Pargat married Sandeep Kaur, the only child of her parents who
lived in Delhi. Later, Pargat moved to Delhi and began to drive a cab in Indias capital
city. He had a son Lavjit Singh and a daughter Kanwaljit Kaur, who are now at least
13 and 11.
According to Jagir Kaur, Pargat did not have any links with the militant move-
ment. However, one of his cousins, Nishan Singh, son of Kundan Singh, from Sarhalli
Mandan village, had joined the militant underground and was wanted by the police.
The police later captured and killed Nishan Singh and his brother Satnam Singh.
Early morning on 17 March 1993, Naurang Singh, in-charge of the police post at
Kairon, along with a group of officers and some police informers, raided Pargats
house in Delhi and brought him back to Kairon for an interrogation. In their bid to
locate his address, the Kairon police had earlier taken his brother Balwinder Singh
into custody. Balwinder was released after Pargats arrest.
Six days after his arrest, the Kairon police post in-charge permitted Jagir Kaur to
meet her son in the lockup. Pargat told her about his interrogation at Patti, super-
vised by the DSP and the SHO of Patti police station. They wanted him to confess
that he had links with his cousin Nishan Singh, who was wanted by the police.
Pargat explained that he had no dealings with him and was not engaged in any
unlawful activity. The officers appeared satisfied with his answers and had not
tortured him.
Jagir Kaur wanted to know why her son was still being detained. The in-charge of
the Kairon police post asked her to speak with the DSP as he did not have the power
to interfere in the process of the investigation. But the posts in-charge remained
cordial and permitted her to meet Pargat Singh whenever she came to the police post,
until the last time on 15 April 1993.
Jagir Kaur was unwell and could not stir out of the house for two days after the
April 15 visit. She went to meet her son again on Sunday, April 18 morning when the
policemen on duty told her that Pargat Singh had been transferred to another police
station. This was a lie. Pargat Singh along with Bakhshish Singh, son of Tek Singh,
a Mazhabi Sikh of Saidon village, wrongly described in the CBIs identified list as
Sandhoo village, had been killed in an encounter fake in the night intervening the 17
and 18 April 1993. Punjabi newspapers published a report about the encounter on
April 19.
After reading the newspaper report, Jagir Kaur went back to the police post where
the in-charge refused to meet her. She was not even allowed to enter the police post.
The police carried out the cremations without informing the family. However,
Jagir Kaur was able to collect the ashes from the Patti cremation ground.
The CBIs list identifies the second person cremated along with Pargat as
Bakhshish Singh alias Bisha, s/o Teg Singh Mazhavi, r/o Sandhoo village. His actual
name was Bakhshish Singh, son of Tek Singh and Bhajan Kaur, resident of village
Saidon, post office Barwala, in Patti sub-division of Amritsar district. Bakhshish was
18-years-old, the youngest of four brothers, and unmarried.
His father Tek Singh was a poor Mazhabi Sikh who brought up his children by
working on other peoples farms as an agricultural worker. His sons also worked as
agricultural laborers. According to Bhajan Kaur, her eldest son Kuldeep Singh was
killed by armed militants near village Chhosrewal. She was unable to recall the exact
date of his killing or even the year. Although Kuldeep had been killed by under-
ground militants, the police suspected his brothers of sympathizing with the militant
cause and began to harass the family. Fed up by the routine harassment, Tek Singh
decided to go away with the rest of his family. They moved to village Mallan in
Muktsar sub-division of Faridkot district and began to pick cotton in the fields of a
local farmer, Boota Singh.
In December 1992, Tek Singh decided to return to his village with the intention of
meeting the police officials to arrange his son Bakhshishs surrender for an interro-
gation on the condition that they would not take his life. When Tek Singh went to
Sabhran police post to talk to the officials, he was immediately taken into custody by
ASI Nirmal Singh, the in-charge. Tek Singh disappeared and nothing of his where-
abouts or fate could be ascertained after his arrest.
In the middle of March 1993, a group of officers from the Sabhran police post
led by ASI Nirmal Singh came to Mallan village in Muktsar sub-division of
Faridkot district, arrested both Bakhshish Singh and his brother Jeet Singh and
brought them to Patti police station. They were locked up separately, but Jeet
Singh could see his brother Bakhshish during their interrogation under torture.
The police brutally tortured Bakhshish and after three days he could not even
move. On the third day, Jeet Singh saw some policemen take his brother out of
the police station, holding him by his arms. That was the last time anyone saw
Bakhshish alive.
Jeet Singh remained in illegal police custody at Patti police station for 11 days.
On day 12, he was brought to Sabhran police post where he was released and
handed over to village council members. ASI Nirmal Singh told the village council
members that Bakhshish would not be released.
On 19 April 1993, some residents of the village read a newspaper report announc-
ing the killing of Bakhshish Singh, along with Pargat Singh of Sarhalli Mandan, in an
alleged encounter. Bhajan Kaur then went to Patti cremation ground where she learnt
that the police had burnt the bodies of Pargat Singh and Bakhshish Singh together
on a single pyre.
254. Under serial no. 308/1015, the list identifies the cremation of Gulzar Singh,
s/o Sajan Singh Kamiyar, r/o Kambo, PS Jhabbal, carried out by SHO Surinder
Singh of Harike police station on 28 April 1993 under the FIR number 22/93. The
post-mortem report is marked SLG 27/93. The cause of death is given as police
encounter.
The CCDP has gathered the following information based on its incident report
form no. CCDP/01503. The main informant is the victims mother Surjit Kaur.
Thirty-year-old Gulzar Singh, son of Gajjan Singh, the correct name of his father,
and Surjit Kaur, was a paathi (Sikh religious scripture-reader), resident of Kammoh
village, post office Malluwala Santan, under Jhabbal police station in Tarn Taran
sub-division of Amritsar district. He was married and had a son. But his widow has
since remarried and wishes to remain anonymous.
Gulzar was the youngest of five brothers and, after receiving a religious educa-
tion at the Dam Dami Taksal, became a paathi. In spite of his association with the
Dam Dami Taksal, the police did not harass him or his family members, possibly
because of Gulzars popularity as a preacher in his area. Gulzar was later appointed as
the supervisor for the renovation of a historical gurdwara associated with the sixth
Sikh Guru Hargovind at Sri Hargobindpur. Baba Resham Singh was leading the
project.
A Nihang leader, Ajit Singh Phoola, sponsored by the police establishment to
maintain armed followers, wanted to take over the control of the historically impor-
tant Sikh shrine at Sri Hargobindpur. In the third week of April 1993, the armed
followers of Ajit Singh Poohla and the Tarn Taran police force abducted Baba Resham
Singh and his close associates, including Gulzar Singh. They were tortured at Kairon
police post and, following their refusal to handover the control of the shrine to the
Nihang, were killed in the night between 27 and 28 April 1993, in two separately
orchrestrated encounters.
Gulzar Singh was cremated by the SHO of Harike police along with one of
his associates. The CBIs third list shows two cremations on 28 April 1993 con-
ducted by Harike police under the same FIR no. 22/93. The Serial nos. are 597/1016
and 598/1017.
255 256. Under serial nos. 309/1018 and 310/1019, the list identifies two
cremations carried out on 28 April 1993 by the SHO of Patti police station
under FIR no. 28/93. They are of: [1] Resham Singh, s/o Madha Singh Jat, r/o
Valtoha; and [2] Sukhdev Singh, s/o Jagir Singh Jat, r/o Faiwala, PS Harike. The
post-mortem reports are said to be not available. The cause of death is given as
police encounter.
form nos. CCDP/01579 and 01621. The main informants are Resham Singhs brother
Virsa Singh and Sukhdevs mother Gurmej Kaur.
Thiry-five-year-old Resham Singh, son of Sadha Singh and Bhajan Kaur, was a
paathi from village Jand, post office Mane Ke, under Valtoha police station in Patti
sub-division of Amritsar district. He was also involved in organizing voluntary labor
for the reconstruction and renovation of historically important Sikh religious shrines.
Resham Singh was unmarried and had not been arrested or interrogated by the
police in the past.
Twenty-two-year-old Sukhdev Singh, son of Jagir Singh and Gurmej Kaur, was
also a paathi from village Dhunn Dhahe Wala, under Harike police station, in Tarn
Taran sub-division of Amritsar district. He had received his religious education at
the Dam Dami Taksal. Sukhdev Singh and his family members had never been ar-
rested or interrogated in connection with the militant unrest in Punjab.
Resham Singh, Sukhdev Singh, Gulzar Singh and their two associates, Balwinder
Singh, s/o Jeet Singh, a Mazhabi Sikh of Jand village, and Naib Singh of Fakkar
Kaura village near Patti, were abducted from the site jointly by Tarn Taran police and
armed followers of Ajit Singh Phoola, an officially sponsored Nihang leader who
wanted to control the shrine. They were tortured brutally at Kairon police post and
then killed in two separate incidents of encounters in the night between 27 and 28
April 1991 orchestrated near village Sabhra. Resham Singh, Sukhdev Singh and one
of their associates were killed by Patti police and mentioned in FIR no. 28/93.
The families were not informed about the cremations. The CBIs third list records
the anonymous cremation of two more of their associates Under serial nos. 599/1020
and 600/1021 by Patti police under the same FIR no. 28/93. We believe one of these
cremations may be that of Balwinder Singh, son of Jeet Singh. His story is summa-
rized in the appropriate section.
257. Under serial no. 311/1022, the list identifies the cremation of Pyara Singh, s/
o Niranjan Singh from Choula Sahib carried out by SHO Gurdev Singh of Sirhali
police station on 27 May 1993 mentioned in FIR no. 35/93. The post-mortem is
marked as KK 18/93 and the cause of death is given as police encounter.
The CCDP has gathered the following information from its incident report form
no. CCDP/01416. The main informant is the victims daughter Kulbir Kaur.
Thirty-five-year-old Piara Singh, from Patti Sahabhi Ki in Chola Sahib village
under Harike police station of Tarn Taran, was a small farmer married to Paramjit Kaur
with three daughters, the eldest now 17.
Piara Singh was deeply religious and had no links with any Sikh political or
militant group. However, the police suspected him of harboring militants and had
arrested him a few times for interrogation. Once he was jailed in a case under TADA,
but the court released him on bail. Piara Singh was not wanted in any other case and
he was leading a normal life in his village when ASI Amrik Singh of Chola Sahib
police post came to arrest him at his house on the morning of 9 May 1993. The ASI
said that they wanted Piara Singh for routine interrogation and they would release
him soon.
His mother Inder Kaur went to the police post later that morning with tea for her
son, but the police officers told her not to worry about the food and that they were
taking care of him. Inder Kaur found out that her son was detained at Chola Sahib
police post and that his hip joint had been fractured because of police torture. She
also learnt that the police officials had called for a bone expert from the village, a
quack, to fix his hip joint. When Inder Kaur met ASI Amrik Singh to plead for her
sons release, he demanded Rs. 50,000. Inder Kaur asked for some time to raise the
money.
On 27 May 1993, police led by SHO Gurdev Singh of Sarhalli police station killed
Piara Singh, along with two others, in an encounter near village Gharakka. The police
carried out the cremations and did not allow the family members to attend. Inder Kaur
later learnt that one of the other men killed in the same encounter was from village
Kalla near Kang. She met his parents who told her that the police had illegally held
their son at Kang police post for several days before the police staged the encounter.
The list of unidentified cremations shows two more cremations on 27 May 1993,
Under serial nos. 601/1023 and 602/1024, carried out by SHO Gurdev Singh of Sirhali
police station under the same FIR. Their post-mortem reports are marked as KK-19/
93 and KK-20/93, and the cause of death is stated to be, as usual, police encounter.
258. Under serial no. 312/1025, the list identifies the cremation of Kewal Singh, s/
o Amrik Singh, r/o Badheshan, PS Verowal, carried out by Surinder Singh of
Harike police station on 2 June 1993 stated in FIR no. 28/93. The post-mortem
report is marked as KS 19/93 and the cause of death is given as police encounter.
The CCDP has acquired the following information about the case through its
incident report form no. CCDP/01616. The main informant is the victims father.
Twenty-eight-year-old Kewal Singh, son of Amrik Singh and Hardeep Kaur, was
a resident of village Fatehpur Badesha, post office Mianwind, under Verowal police
station, in Khadur Sahib sub-division of Amritsar district. After some years of school
education, Kewal Singh learnt to drive a truck and later, with his fathers help, set up
a transport business at Chanderpur in Maharashtra. His younger brother Tarsem
Singh also joined his business, which soon began to flourish. In 1990, Kewal Singh
married Amarjit Kaur from Karumuwala village.
A family from Amarjit Kaurs native village of Karumuwala, that had migrated to
Amravati in Maharashtra, was wanted by the Punjab police in connection with some
terrorist crimes. In May 1993, Harike police arrested Amarjit Kaurs father Tega Singh
and his son Satta. The police, led by SHO Surinder Singh, also raided Kewal Singhs
house at Fatehpur Badesha village and arrested his father Amrik Singh. The village
elders tried to intervene, but the SHO told them that the police had to take the
abducted family members to Chanderpur where Kewal Singh and his brother had set
up their transport company.
The Harike police, along with Amrik Singh and Tega Singh, reached Chanderpur
on 24 May 1993 morning and arrested Kewal Singh and his brother while they were
on the way to their office. The police officers also arrested Amarjit Kaur from Kewal
Singhs house and then started on their return journey to Punjab.
Meanwhile, Kewal Singhs business colleagues at Chanderpur lodged a formal
complaint with the police about his abduction. Near Nagpur, the Maharashtra police
managed to intercept the vehicle in which the Punjab police officials were traveling
along with their hostages, and detained them overnight in a police station. However,
the senior Punjab police officials and their defenders in the central government were
able to secure their release and four days after starting on their mission, the group
returned to Harike police station.
On 29 May 1993, the Harike police carried out a thorough search of Amrik Singhs
village house and also arrested his wife Hardeep Kaur and their daughter Harjit Kaur.
Kewal Singh and his brother Tarsem Singh were detained in a separate room. Their
parents Amrik Singh and Hardeep Kaur, their sister Harjit Kaur, Kewal Singhs wife
Amarjit Kaur, his father-in-law Tega Singh, and brother-in-law Satta, were kept sepa-
rately.
The next morning, the police arrested Kewal Singhs elder sister Manjit Kaur from
village Tapiala where she lived after marriage. The police continuously beat and
tortured all of the family members for information about Anokh Singh and his sons
from Karamuwala village. Kewal Singh had been acquainted with the family and had
even hosted them at his house in Chanderpur once, but did not know their current
whereabouts. The police did not believe them and continued to brutally torture all,
especially targeting Kewal Singh and his brother.
On 31 May 1993, Amrik Singh, Tega Singh and Tarsem Singh were released from
their illegal detention when members of their village councils came to the police
station to intervene on their behalf. On 1 June 1993 morning, Kewal Singh was seen
being taken out of the police station.
On 2 June 1993, Kewal Singh, along with another unidentified person, was de-
clared killed in an encounter near village Kambo. The family members found out
about the killings by reading a newspaper report on 3 June 1993 morning. The news-
paper report said that Kewal Singh was the leader of a militant outfit called Garam
Khalsa Dal. No such organization had been heard of before this report. The police
claimed to have recovered a large quantity of weapons from the site of the incident.
The CBIs third list, Under serial no. 603/1026, records the anonymous cremation
under the same FIR of the second person killed along with Kewal Singh. His post-
mortem report is marked as KS-18/93.
tions on 8 June 1993, carried out by SHO Sita Ram of Valtoha police station, under
FIR no. 24/93. They are of: [1] Jagir Singh, s/o Phoola Singh Mazbi, r/o Lakhna;
and [2] Sinder Singh, s/o Buta Singh Mazbi, r/o Mastgarh. The post-mortem
reports are marked as KS 21/93 and KS 20/93. The cause of death is given as
police encounter.
nos. CCDP/01515 and 01681. The main informants are Jagirs brother Rana Singh and
the widow of Shinder Singh, Shindo.
Jagir Singh, son of Phoola Singh and Pooro Kaur, was an 18-year-old Mazhabi
Sikh from Lakhna village, Vehra Mazhabi Sikhan Da, under Valtoha sub-division, in
Patti sub-division of Amritsar district. He, like his two elder brothers, worked as a
laborer in a grain market at Amarkot. From a poor landless family, Jagir was clean-
shaven and unconnected with any political or militant groups. However, in 1992,
Khemkaran police had arrested and interrogated him, suspecting him of maintaining
links with Sikh militants; the police later later rigged up a case against him under the
Arms Act. However, he was released on bail within some days of arrest and since
then Jagir had been attending the court case regularly. Jagir was unmarried.
Thirty-six-year-old Shinder Singh, son of Boota Singh and Bega, was a Mazahabi
Sikh from Mastgarh village under Khemkaran police station in Patti sub-division of
Amritsar district. Shinder, the eldest of six Amritdhari brothers, earned his livelihood
as a farm laborer and was married to Shindo with three children, a daughter Jasbir
Kaur who is now 21, and two sons, Tota Singh and Channan Singh, 19 and 17.
Suspected of maintaining links with militants, Shinder had been arrested under TADA
by Khemkaran police in 1991. The court acquitted him in the case in 1993.
In the second week of May 1993, the Valtoha police, led by SHO Sita Ram, raided
Jagirs house at village Lakhna to arrest him. Jagir was not home and his parents
informed the police that he had gone to the grain market at Amarkot to work. The
police reached the grain market, along with one Wassan Singh, s/o Makhan Singh of
Lakhna village to identify him, when Jagir and his brother Rana Singh were weighing
a farmers wheat. Jagir Singh was arrested in the presence of dozens of persons.
The next morning, the family members, along with many village elders, went to
Valtoha police station but were unable to talk to any responsible officer. Over the
next days, they continued to visit the police station without any luck. Some middle-
men involved in shady deals with the police collected some money from them to help
them with their case, but failed to do anything. Over the next several days, the family
members went to the police station every morning, hoping to meet someone respon-
sible, and came back disappointed at dusk.
Shinder Singh was arrested from his house by a group of policemen from Valtoha
police station early morning on 14 May 1993. The police came with the four sons of
Santa Singh of Bhuchar Kalan village who they had taken into custody earlier. Their
names are: Balwinder Singh, Prem Singh, Khem Singh and Ranjha. The police party
also took Shinder away to Valtoha police station and interrogated him under brutal
torture for the next three weeks. Balwinder Singh, Prem Singh, Khem Singh and
Ranjha were released from custody two weeks after their arrest at the intervention of
their village council. But the SHO categorically refused to release Shinder.
Jagir Singh and Shinder Singh were killed in the night between 7 and 8 of June
1993 in a fake encounter. The family members were not informed about the crema-
tions. However, they managed to collect the ashes surreptitiously from the Patti
cremation ground on the third day after the cremations.
According to Shinder Singhs widow, the police also arrested and killed Shinders
cousin Satnam Singh, son of Santa Singh of Mastgarh, in a separate incident of fake
encounter.
identifies four cremations on 15 June 1993, carried out by the SHO of Tarn Tarans
Sadar police station stated in FIR no. 41/93. They are of: [1] Satnam Singh alias
Bitu, s/o Hardayal Singh, r/o Manochahal; [2] Manjit Singh, s/o Parkash Singh, r/
o Manochahal; [3] Kashmir Singh, s/o Dalip Singh of Patti; and [4] Tarsem Singh,
s/o Dharam Singh, r/o Kang village. Their post-mortem reports are marked as
KKS 5/93, OPG 10/93, OPG 11/93 and OPG 12/93. All are reported killed in
police encounter.
The CCDP has the following informamtion regarding Satnam Singh, Manjit Singh
and Tarsem Singh from its Incident-Form Nos. CCDP/01553, 01554 and 01245. The
main informants are Parkash Singh, father of Manjit Singh, and Gurnam Singh, father
of Tarsem Singh, and Satnam Singhs mother Gurbachan Kaur and his brother Gurpreet
Singh.
Twenty-year-old Manjit Singh, son of Parkash Singh and Mohinder Kaur, was a
truck driver, from Manochahal village under Jhabbal police station in Tarn Taran
sub-division of Amritsar district. His father, a Mehra Sikh, was a clerk at a brick kiln,
and Manjit was the youngest of three brothers. Although a baptized Sikh, Manjit
had no police record and had never been arrested.
Manjit was a close friend of Satnam Singh, son of Gurbachan Kaur and Gurdial
Singh whose name has been wrongly reported in the CBIs list as Hardayal Singh.
Manjit and Satnam came from the same village and had attended a driving school
together. Both found work at the camp of Baba Tara Singh, a religious leader who
organized voluntary work for maintainance and repairs of the Sikh shrines, at
Hanumangarh in Ganganagar district of Rajasthan. Manjit and Satnam were sta-
tioned at Hanumangarh and, apart from driving Baba Tara Singhs trucks, also did
other odd jobs. Early June 1993, Manjits brother Jassi also joined them at
Hanumangarh camp.
In the first week of June 1993, the Tarn Tarans Sadar police, led by SHO Pooran
Singh, arrested Satnam Singhs parents from their village house in Manochahal and
brought them to Sadar police station. The police badly tortured both of them and
forced them to reveal the whereabouts of Satnam Singh and Manjit Singh. The next
day, the Tarn Taran police raided Baba Tara Singhs camp at Hanumangarh in Rajasthan
and, arresting Satnam, Manjit, his brother Jassi and several others, brought them for
interrogation to Tarn Tarans Sadar police station where Satnams parents were al-
ready locked up. SHO Pooran Singh personally supervised their brutal torture, which
lasted the next four days and was witnessed by Satnams parents. On the fourth day,
Gurbachan Kaur saw her son Satnam Singh naked, being carried away by four po-
licemen. His body seemed limp and lifeless.
The next day morning, the police shifted Gurbachan Kaur and her husband to
Tarn Taran city police station and, a few days later, released them from custody at the
intervention of their relative Balwant Singh who was a police officer. When Balwant
Singh asked the SHO about Satnam Singh and Manjit Singh, the police told him they
would be released after they recovered from the effects of torture.
On 15 June 1993, newspapers published reports about the killing of five militants
in an encounter with the Tarn Taran police. Four of them were identified as Satnam
Singh and Manjit Singh of Manochahal village, Kashmir Singh of Patti and Tarsem
Singh of Kang. The fifth person was declared unidentified.
Tarsem Singh, also known as Bagga, the son of Dharam Singh and Piar Kaur, was
a 23-year-old unmarried Jat Sikh. He lived with his parents in the locality of Chhote
Kang in village Kang under Sadar police station of Tarn Taran in Amritsar district.
Tarsem Singh was an Amritdhari Sikh and was intensely religious. In 1990, the
Jalandhar police had arrested him once on the suspicion of having militant connec-
tions, while he was on his way to Ludhiana. He got out on bail after two months.
Following his release, his family sent him away from Punjab in order to avoid police
harassment. Tarsem Singh worked as a truck driver and rarely visited home.
In the beginning of June 1993, Chaudhary Gulzar Chand, SHO of police station
Kang, started raiding Tarsem Singhs house to arrest him. The police would pick up
the men of the family directing them to produce Tarsem Singh. This process contin-
ued for several days and when the police started to pick up the women, the family
succumbed to the pressure and got in touch with Tarsem Singh and asked him to
return home.
On 12 June 1993, his father Dharam Singh, phuphar (uncle) Dharam Singh and
other people, produced Tarsem Singh before SHO Chaudhary Gulzar Chand of Kang
police station. The Kang police were already holding several other Sikh young men
in their custody. The attempts made by the family to get Tarsem Singh released from
illegal custody, by meeting senior police officials of the district, did not yield results.
In the night of 14 June 1993, Tarsem Singh was killed along with four others in an
encounter. The CBIs list identifies four of those killed. The list of unidentified
cremations, Under serial no. 605/1032, shows the fifth anonymous cremation.
265 268: Under serial nos. 319/1043, 320/1044, 321/1045 and 322/1046, the
list identifies four cremations on 12 July 1993, carried out by SHO Gurdev Singh
of Sarhalli police station and mentioned under FIR no. 72/93. The cremations are of
[1] Desa Singh, s/o Amar Singh; [2] Shinda Singh, s/o Bachan Singh; [3] Balkar
Singh alias Kala, s/o Shingara Singh; and [4] Mangal Singh alias Manga, s/o
Karnail Singh, all resident of Rawiwala. The post-mortem reports are marked as
KSS 14/93, KSS 15/93, KSS 16/93 and KSS 17/93, and all are reported killed in a
police encounter.
form nos. CCDP/01352, 01411, 01412, 01413. The main informants are Desa Singhs
father Amar Singh, Shinda Singhs cousin Harbhajan Singh, Balkar Singhs brother-
in-law Swaran Singh and Mangal Singhs mother Mohinder Kaur.
Twenty-seven-year-old Shinda Singh alias Sawinder, s/o Bachan Singh, from
Mazhabian Di Patti in Rani Walah village under Sarhalli police station of Tarn Taran
sub-division in Amritsar district, was an special police officer (SPO) with the Punjab
police. He was married to Ninder Kaur and had a son who is now nine. Ninder Kaur
has since remarried.
Shinda Singh had been appointed an SPO on the recommendation of Joginder
Singh Thekedar, a rich contractor of his village disliked by some Sikh militant organi-
zations. Shinda Singh became his body-guard. Three other body-guards of Joginder
Singh Thekedar were also SPOs from the same village. They were Desa Singh, s/o
Amar Singh, Sukhdev Singh, s/o Piara Singh and Balkar Singh Bobby who was
Joginder Singhs own son. Desa Singh was 24 and unmarried. Sukhdev was married
to Bholi and had a son who is now 15. Sukhdev was Joginder Singh Thekedars
nephew.
In the last week of June 1993, SHO Gurdev Singh of Sarhalli Kalan police station
raided Joginder Singh Thekedars house and arrested Shinda Singh, Desa Singh,
Sukhdev Singh, Balkar Singh Bobby, all SPOs, and Daljit Singh, the brother of SPO
Sukhdev Singh. Daljit Singh was a JCO with the 13 Sikh Light Infantry of the army
who was visiting his village on leave and, by coincidence, was at Joginder Singh
Thekedars house along with his brother that morning. The arrest had something to
do with the investigation of a case of theft that had taken place in a nearby village of
Sangatpura.
After arresting the four SPOs and Daljit Singh, an army officer, from Joginders
house early in the morning, SHO Gurdev Singh led his team to the house of Balkar
Singh, alias Kala, s/o Shingara Singh in the same village, to arrest him. Thirty-eight-
year-old Balkar was originally from Ratta Khera village under Zira sub-division of
Ferozepur district. But one of his sisters was married in Raniwala, and he had begun
to live there along with his mother, his wife Shinder Kaur and three sons, the eldest
being 16 now. When the police came to arrest him, Balkar was not home. The raiding
police force then took his mother Taro, his wife Shinder Kaur and their children into
custody and went back to Sarhalli Kalan police station.
The police then went to arrest Mangal Singh, a poor Mazhabi Sikh laborer and
the only son of his parents Karnail Singh and Mohinder Kaur from Karamuwala
village, near post office Dhunn, under Harike police station in Tarn Taran sub-divi-
sion of Amritsar district. Mangal was married to Ranjit Kaur and had a daughter who
is now 12 years. Under serial no. 322/1047, the CBIs list of identified cremations
wrongly mentions Mangal Singhs village as Raniwala. The mistake may have some-
thing to do with the fact that two of his married sisters live in Raniwala village. Later,
the police also arrested Mangals mother, his wife and other female relatives by
claiming that they were in possession of goods stolen by him. Mangals family
members met all the arrested persons in Sarhalli Kalan police station and saw the
injuries they had sustained from the torture.
Sarhalli police let off Taro and Shinder Kaur, Balkar Singh Kalas mother and wife,
the next day when Joginder Singh Thekedar produced Balkar Singh Kala before SHO
Gurdev Singh. Daljit Singh, the JCO and brother of SPO Sukhdev Singh, was re-
leased the same evening after some verification.
According to Daljit Singh, the SHO personally supervised the torture of Shinda,
Sukhdev and Desa immediately after they reached the police station. After their
brutal torture lasting several hours, the police took them back to their houses to
supposedly recover the stolen property. According to eye-witnesses, their physical
condition at that time was very poor and all three had to be dragged in and out of the
police vehicle. The next day, Balkar Singh Kala was also brought to his house in the
physically wrecked condition.
When the parents of the arrested boys visited the police station, the police told
them that the investigation was in progress and they would release all the arrested
persons in some days. Joginder Singh Thekedar also gave them the same assurance.
His own son Balkar Singh was released on the third day after the arrest.
A few days later, Punjabi newspapers carried a report saying that three SPOs,
Shinda Singh, Desa Singh and Sukhdev Singh had deserted their place of duty along
with their weapons and wireless sets. The families, worried about the significance of
this report, continued to visit the police station, but could not meet them. On 13 July
1993, newspapers reported an encounter near village Kaure Wadhaun in which Shinda
Singh, Desa Singh, Balkar Singh Kala and Mangal Singh, s/o Karnail Singh from
Karamuwala village, were said to have been killed. The families were neither informed
about these killings nor were the bodies returned to them for cremation. The CBIs
list identifies their cremations to have taken place on 12 July 1993.
The killing of Sukhdev Singh, s/o Piara Singh, along with two other unidentified
militants, was reported by newspapers on 29 July 1993. The encounter had suppos-
edly taken place near village Fazilka with Verowal police, led by SHO Subha Singh
who had carried out the cremations, under FIR no. 44/93, on July 28. It is not clear
why the CBI placed Sukhdev Singhs cremation in its list of partially identified crema-
tions, Under serial no. 115/1051, when all his particulars, including his service record,
have been available with the police. His post-mortem report is marked as KK 6/93,
and his story is summarized in the relevant part of this report. The cremations of
two unidentified bodies, under FIR no. 44/93, are recorded in the CBIs third list
Under serial nos. 612/1052 and 613/1053. Their post-mortem reports are both marked
as KK-7/93.
269 272: Under serial nos. 323/1047, 324/1048, 325/1049 and 326/1050, the
list identifies four cremations carried out by SHO Gurbachan Singh of Tarn Tarans
city police station on 22 July 1993, under FIR no. 70/93. They are of [1] Karnail
Singh alias Raju, s/o Darshan Singh, r/o Zeera Hal, Gali Gurudwarewali, Raiyya;
[2] Karnail Singh, s/o Darshan Singh Mazbi, r/o Zeera; [3] Harjinder Singh, s/o
Kishan Singh Mazbi, r/o Muradpura; and [4] Gulshan Kumar, s/o Chaman Lal
Khatri, r/o Jandiala road in Tarn Taran. The post-mortem reports are marked as
BL 47/93, BL 46/93, BL 48/93 and BL 49/93. The cause of death of Karnail Singh
is given as police encounter. The deaths of the other three are attributed to
firearm injuries.
The CCDP, through its incident report form no. CCDP/01425 and 00114, has the
following information about Harjinder Singh and Gulshan Kumar. The main infor-
mants are Harjinders mother Raj Kaur and Gulshan Kumars father Chaman Lal.
Twenty-year-old Gulshan Kumar alias Kala was the eldest son of Chaman Lal and
Seeta Rani. Chaman Lal, along with his five other children, lived in Gali Darshan
Singh Wali on Jandiala road of Tarn Taran city and earned his livelihood selling
vegetables. Chaman Lal, now 70, had migrated to Tarn Taran in 1947 from the western
part of Punjab now in Pakistan. He received a plot of land in lieu of the property he
had left behind on which he built a small house. For some years, Chaman Lal worked
with the revenue department, but resigned from his job in 1954. Gulshan Kumar
attended school and was in class VIII. He also helped his parents hawk vegetables.
Around 10.30 p.m. on 22 June 1993, a large police force, led by DSP Dilbagh Singh
and SHO Gurbachan Singh Manochahal of Tarn Tarans City police station, came to
Chaman Lals house and ordered them to open the doors. On instructions from the
DSP, the police rounded up all of the male family members present in the house and,
calling them thieves, started thrashing them. Gulshan was especially targeted for
rough treatment. The DSP and other officers repeatedly demanded that he confess
about the thefts he had been involved in and produce all stolen goods. Unable to
tolerate his torture, Gulshan started screaming. When a large number of neighbors
approached the house to see what was happening, the police forced Gulshan, his
brothers and his father into a police vehicle and took them away to Tarn Tarans City
police station. During the search, the police had found and confiscated three gold
rings, one wristwatch and Rs. 475 in cash. According to Chaman Lal, the police also
tried to take his 18-year-old daughter Inderjit to the police station, but the neighbors
intervened and prevented the police from doing so.
At the Tarn Taran City police station, SHO Gurbachan Singh Manochahal forced
all of them to lie down with their faces to the floor and had them all thrashed. Police
pulled apart Gulshans legs at 180-degree angles. After his torture, Gulshan could
not walk any more. The police continued to torture all the members of Chaman Lals
family in police custody for the next three days. On June 16, the police released
Chaman Lal and one of his sons after a large group of eminent persons from Tarn
Taran visited the police station to intervene on their behalf. Bobby and Balwinder,
Gulshan Kumars brothers, were released on June 28 and 30. But the police did not
release Gulshan Kumar. They said that he would be released once he recovered from
the injuries on his body.
A week later, DSP Dilbagh Singh demanded Rs. 200,000 for Gulshans release.
Chaman Lal was not in a position to pay so much money and pleaded with the DSP
to waive the ransom. The DSP told him that he had to raise the money if he cared to
see his son alive. Chaman Lal then met SSP Ajit Singh Sandhu and apprised him of
the demand being made by DSP Dilbagh Singh for his sons release. The SSP refused
to intervene and told him to speak to the DSP himself. Chaman Lal met DSP Dilbagh
Singh again and requested him to reduce the amount of money he was demanding.
When the DSP refused to make any concession, Chaman Lal promised to try and
raise the money. The DSP allowed Chaman Lal to visit his son in a police station and
bring him food and a change of clothes.
But the police continued to torture Gulshan. Chaman Lal and his brothers who
came to the police station witnessed his situation becoming increasingly critical.
The last time Chaman Lal saw his son in the custody of Tarn Taran City police was on
22 July 1993. Gulshan was in a very bad state and could not move himself. Chaman
Lal tried to feed him with his own hands, but Gulshan could not swallow the food.
Later that afternoon, Chaman Lal went to the police station again to bring a glass
of tea for his son. A constable at the gate told him that a group of policemen had
removed Gulshan and they might have killed him in an encounter. The constable
advised him to visit the civil hospital and find out. Chaman Lal then went to the civil
hospital and met Dr. (Mrs.) Karnail Kaur who had done the post-mortem on Gulshan
Kumars body. Dr. Kaur had recognized Gulshan Kumar as she often used to pur-
chase vegetables from his shop.
On 23 July 1993, several newspapers published a report about an encounter near
Palasaur Bridge in which Jarnail Singh and three other unidentified militants were
reportedly killed by Tarn Taran police, led by SHO Gurbachan Singh Manochahal.
The newspaper reports also carried a photograph which showed Gulshan Kumar
among the three unidentified militants. The police carried out the cremations them-
selves and did not permit the family members to attend.
On 24 July 1993, Chaman Lal along with his brother Mohan Lal went to Tarn
Taran City police station to ask why the police had killed his son as an unidentified
militant, DSP Dilbagh Singh and SHO Gurbachan Singh Manochahal told them to
keep their mouths shut and threatened to eliminate them in the same way if they
made any complaints.
Gulshan Kumars mother Seeta Rani was unable to bear the shock of his murder.
She died from a heart attack two-and-a-half months after the newspapers reported
his killing in an encounter as an unidentified militant.
On 8 August, 1996, CBI issued a public notice through newspapers, asking the
people whose kith and kin had disappeared to file complaints with them in this
regard. Accordingly, Chaman Lal submitted his written complaint to the CBI. Chaman
Lal was later called to Tarn Taran City police station and threatened with serious
consequences if he did not withdraw his complaint. SSP Jagdish Mittal summoned
him to Amritsar three times and exhorted him to accept some money and make
a compromise with the police officials responsible for his sons murder. Later,
DIG Rajinder Singh gave him the same advice, but Chaman Lal has refused to
compromise.
The CBI carried out the investigation and found the police officers prima facie
guilty of the abduction and extra-judicial killing of Gulshan Kumar. Accordingly, the
CBI filed a charge sheet in the court against the concerned police officers, namely
DSP Dilbagh Singh, SHO Gurbachan Singh Manochahal, SI Balbir Singh, ASI
Devinder Singh and ASI Arjan Singh. The case is still pending for trial.
Chaman Lal also filed a writ petition before the High Court of Haryana and Punjab
at Chandigarh through advocate Rajvinder Singh Bains. The petition, numbered Cr.
W. P. No. 1409/96, is still pending.
According to Chaman Lal, Karnail Singh, s/o Darshan Singh, who was identified
as a militant killed in the same encounter on 22 July 1993 was from village Muradpura,
under Tarn Taran sub-division of Amritsar district. His brother Jarnail Singh was also
killed in the same encounter. The third unidentified militant was also, according to
Chaman Lal, a resident of the same village, Muradpura. But the CBIs list, Under
serial nos. 323/1047 and 324/1048, shows the cremations of two persons identified as
Karnail Singh, s/o Darshan Singh. The list gives the address of the first Karnail
Singh alias Raju, s/o Darshan Singh as Zeera Hal, Gali Gurudwarewali, Raiyya. The
address of the second Karnail Singh, s/o Darshan Singh Mazbi, is given as Zira,
which is a sub-division in Ferozepur district.
Twenty-year-old Harjinder Singh, s/o Kishan Singh Mazbi, was the third person
killed in the same encounter. A mechanic who worked in a factory that made weigh-
ing machines, Harjinder was from village Muradpura, under Ward No. 3, also called
Jand Pir under Tarn Taran City police station. He was married to Raj Kaur with a son
who is now nine years old. Harjinder was a clean-shaven Sikh, had no religious or
political associations and was gainfully employed. The police had never arrested
him before.
In the third week of June 1993, a group of officers from Tarn Tarans Sadar police
station, led by SHO Pooran Singh, raided Harjinders house, took him into custody
and beat him in front of his wife. Later, they took Harjinder to the police station, and
did not allow family members to meet him there. The family found out about his death
in an encounter on 22 July 1993 from a photograph that appeared in newspapers on
July 23. The newspaper reports described him as an unidentified militant.
His father Kishan Singh was unable to bear the shock of his sons murder and
died from grief nine months later.
tions on 5 August 1993, carried out by the SHO of Jhabbal police station under FIR
no. 71/93. They are of: [1] Paramjeet Singh alias Pamma, s/o Sulakhan Singh, r/o
Panjwar; and [2] Sukhdev Singh alias Bittoo, s/o Puran Singh, r/o Butchar Kalan.
The post-mortem reports are marked as KSS 19/93 and KSS 20/93. The cause of
The CCDP has acquired the following information about Sukhdev Singh through
Baldev Singh.
Twenty-five-year-old Sukhdev Singh, son of Pooran Singh and Gurmej Kaur, was
a resident of village Bhuchar Kalan, under Jhabbal police station, in Tarn Taran sub-
division of Amritsar district. His was a family of baptized, devout Sikhs who had
traditionally identified itself with the politics of the Akali Dal.
Sukhdevs older brother Paramjit Singh had participated in the agitation of the
Akali Dal, launched in July 1982, to obtain a radical measure of autonomy for Punjab
and, as a close follower of Jarnail Singh Bhindranwale, had died defending the Golden
Temple against the army s assault in June 1984. Their eldest brother Baldev Singh
was then a soldier of the army . In the wake of the Golden Temples destruction,
Baldev Singh, along with thousands of Sikh soldiers, deserted his position in pro-
test. Baldev Singh was later court-martialed and jailed for several years. Because of
these connections, the police viewed Sukhdevs family members with suspicion and
harassed them with frequent raids, arrests and interrogation.
One day in July 1993, a group of police officers from Haryana raided Sukhdev
Singhs house and, after searching his house and the agricultural farm, took him
away in their custody. The Haryana police had been accompanied by a young Mazhabi
Sikh, Paramjit Singh from Panjwar village, who had confessed to his militant connec-
tions and to using Sukhdev Singhs house for shelter. Haryana police tortured Sukhdev
Singh and, on the basis of his confessions under torture, implicated him in several
cases of terrorist crimes under TADA. Later, the Jhabbal police demanded his cus-
tody and obtained a magestarial order for his remand. The police brought both
Sukhdev Singh and Paramjit Singh to Tarn Taran for further interrogation.
Sukhdevs family became apprehensive and tried to contact influential political
figures in their area to intervene with the police on his behalf and save his life from an
encounter killing. The political leaders could not help. On 6 August 1993, several
newspapers reported the killing of Sukhdev Singh along with Paramjit Singh and
another unidentified militant, in an encounter that occurred when a group of mili-
tants allegedly tried to rescue them from police custody when they were being taken
for recovery of arms.
The CBIs third list, Under serial no. 616/1058, records the third anonymous
cremation.
275 - 276. Under serial no. 329/1066, the list identifies the cremation of Harmandeep
Singh alias Kaka, s/o Prem Singh, resident of Jandiala Road in Tarn Taran on 7
September 1993, carried out by SI Teg Bahadur Singh of Bhikhiwind police station
under FIR no. 44/93. The post-mortem report is marked as KS 38/93 and the cause
of death is described as police encounter. Under the same FIR, SI Teg Bahadur
Singh carried out four more cremations on 13 September 1993. One of them is
mentioned in the list of identified cremations Under serial no. 330/1070. It is of
Jaswant Singh alias Jassa, s/o Bir Singh, and r/o Dhun. The post-mortem report is
marked as KS 40/93. Three other anonymous cremations on 13 September 1993
belong to the CBIs third list Under serial nos. 624/1067, 625/1068 and 626/1069.
The CCDP has gathered the following information about the case of Harmandeep
Singh through its incident report form no. CCDP/01086. The main informant is the
victims sister-in-law Baljit Kaur.
The actual name of the man identified by the CBI as Harmandeep Singh alias
Kaka, s/o Prem Singh, Under serial no. 329/1066 of its list of identified cremations,
was Harmesh Kumar. He was 27-years-old, Hindu by birth and employed at a shelling
factory at Tarn Taran owned by Chacha Chowdhry. Harmesh Kumar was unmarried
and, at the time of the fake encounter, lived with his older brother Badri Nath and his
mother Prakash Devi in a rented house at Ujagar Singh Gali on Jandiala road in Tarn
Taran city. His father, who died in December 1997, was Khem Chand. The CBIs list
identifies him as Prem Singh.
Though Harmesh Kumar was born a Hindu and a Brahmin, he was influenced by
the Sikh religious message and used to visit the historical gurdwara at Tarn Taran
every day. Harmesh was not associated with any political or militant groups and had
never been arrested or interrogated.
In the evening of 14 August 1993, a large police force, led by SP (operations)
Khubi Ram and also comprising several senior officers including DSP Gurmeet Singh,
DSP Dilbagh Singh, DSP Paramjit Singh Teja, inspector Ram Nath of the CIA staff, SI
Teg Bahadur Singh and ASI Sukhdev Joshi, raided Harmesh Kumars house in Tarn
Taran. The family had gathered for dinner and was taken aback when the police force
stormed into the house and pounced on Harmesh Kumar and Badri Nath, tied their
hands behind their backs, blindfolded them and forced them into a police vehicle.
When their mother Prakash Devi panicked and started crying, the police officers
abused her and ordered her to keep quiet. Apprehending that the policemen might
manhandle her, Badri Nath exhorted her to remain calm. As an old woman, she could
not do very much anyway.
For the next six days, the police brutally tortured Badri Nath and Harmesh Kumar
at the CIA staff interrogation center at Tarn Taran. Their interrogaters accused them
of maintaining links with Sikh militants and ordered them to confess. Both brothers
kept denying the accusations. Their torture continued. In the course of their interro-
gation, they witnessed the same policemen shave off three Sikhs before taking them
out to be killed. After six days, both Badri Nath and Harmesh Kumar could not stand
on their legs because of the torture. DSP Dilbagh Singh then took them to a quarter
belonging to a Punjab police constable and locked them up there in a room. Their
interrogation under torture continued relentlessly. Harmesh Kumar lost conscious-
ness a number of times. Some days later, late in the evening, DSP Paramjit Singh Teja
and sub-inspector Teg Bahadur Singh took Harmesh Kumar out in their vehicle after
telling Badri Nath that they had received instruction to release Harmesh, and that
they would let him off too some days later. Badri Nath remained confined to the
constables quarter within the compound of DSP Dilbagh Singhs office where, for-
tunately, one of his friends, Jagjit Singh Jaggi, s/o Pratap Singh saw him. In the next
fewdays, Jagjit Singh and several other friends of Badri Nath met DSP Dilbagh Singh
to plead for his release. The DSP demanded Rs. 200,000 and threatened to kill Badri
Nath if the money was not paid within a week. Badri Naths friends took the threat
seriously and procured his release around 15 September 1993 after paying DSP
Dilbagh Singh the amount demanded.
Following his release, Badri Nath realized that his brother Harmesh Kumar had
disappeared. Badri Naths own physical condition, from his protracted torture, was
critical and he could not move for several weeks. There was no one else in the family
to pursue the case of Harmesh Kumar. Badri Naths friends showed him the copy of
Punjab Kesari, a Hindi newspaper, dated 4 September 1993, which carried a newsreport
about the killing of Harmandeep Singh, son of Khem Singh, resident of Jandiala road,
along with four unidentified accomplices, in two separate police encounters. The
news report, based on a briefing given by SSP Ajit Singh Sandhu, described them as
dreaded militants belonging to the Babbar Khalsa.
The news report, however, does not explain the discrepancy in the dates and
numbers of cremations carried out under the same FIR no. 44/93: Why was
Harmandeep Singh cremated on September 7 when the encounters were reported in
a newspaper dated 4 September 1993? Why were Jaswant Singh alias Jassa, s/o Bir
Singh and three unidentified bodies, Under serial nos. 624/1067, 625/1068 and 626/
1069, cremated by SI Teg Bahadur Singh on 13 September 1993?
Some days after Badri Nath came out of police custody, DSP Dilbagh Singh came
to the house and took him again to Tarn Taran City police station. He was released,
following intervention from the SSP, after Badri Nath promised not to pursue the
case of his brother. Badri Nath was unable to do anything until the CBI, under orders
from the Supreme Court, started its investigation into the matter of secret crema-
tions. Badri Nath wrote a petition and met the CBI officers at their transit office
in Amritsar who, however, refused to accept it. The CBI officers told him that they
had already completed their investigations and were not going to accept any more
complaints.
In early 2000, police officers belonging to Tarn Taran City police station again
abducted Badri Nath from his house. They released him after he paid his abductors
Rs. 5000 and promised not to pursue the case of his brother. Later, Badri Nath com-
plained to the NHRC about his abduction by Tarn Taran police and also mentioning
the bribe he had to pay and along with a guarantee that he would not pursue the case
of his brother. The NHRC acknowledged his complaint, vide a letter No. 100/19/2000-
2001, dated 11 July 2000. The letter of acknowledgement, signed by assistant regis-
trar (law division), also said that his complaint was being forwarded to the SSP Tarn
Taran for an inquiry. No one came to meet Badri Nath to ask him about his complaint
and he does not know what became of the inquiry.
Badri Nath and his mother now live in Muradpur, near the Food Corporation of
Indias godown, in Tarn Taran city.
Cremations in the Police District of Amritsar
277. Under serial no. 53/1, the list identifies the cremation of Tejinder Singh, s/o
Roor Singh from Thoru village in Tarn Taran on 18 April 1988, carried out by
Amritsars Sadar police station under FIR no. 173/88. The post-mortem report is
said to be unavailable and the cause of death is given as bullet injuries.
form no. CCDP/01384. The main informant is the victims father.
Twenty-five-year-old Tejinder Singh, s/o Aroor Singh, was a resident of Patti
Taal Wali in village Tharu within Tarn Taran sub-division of Amritsar district. After
completing his school examination, Tejinder worked in the clinic of a medical doctor
and some years later set up his own private practice at village Panjwar.
Around 1985, Tejinder was arrested by Bhikhiwind police on the allegation that
he was helping Sikh militants. He was charged under TADA and sent to Nabha jail.
Some time later, Tejinder was shifted to Amritsar jail where he remained confined
until April 1988. On 18 April 1988, two constables came to Tejinders house in Tharu
village to inform his family about his death. Aroor Singh, accompanied by two vil-
lage elders, immediately went to Amritsars Sadar police station. Aroor Singh was
asked to go to the civil hospital where he found out that, after the post-mortem, the
police had taken away the body to Durgiana Mandir cremation ground. By the time
Aroor Singh reached there, Tejinders body had already been cremated. But some
policemen still present there told him that Tejinder Singh had been killed when he
attempted to escape from police custody.
A Punjabi newspaper Ajit apparently carried a report about the incident on 19
April 1988. But the family has since lost its copy. Although Aroor Singh was con-
vinced that the story of his sons attempted escape from the police custody was
fake, he was unable to pursue the case because of police terror in Punjab, which was
at its peak at this time.
278. Under serial no. 88/6, the list identifies the cremation of Nishan Singh,
s/o Bahadur Singh from Rainian village, carried out by ASI Lal Singh of Amritsars
Sadar police station on 7 July 1989. The list does not give an FIR no. Also, there
is no reference to a post-mortem report. The cause of death is given as
police encounter.
form no. CCDP/00461. The main informant is the victims father Bahal Singh.
Twenty-five-year-old Nishan Singh, a graduate student at Khalsa college in
Amritsar, was a resident of Ranian village under Lopoke police station in Ajnala sub-
division of Amritsar district. His fathers name was Bahal Singh and not Bahadur
Singh as given in the CBIs list. He was a farmer with 12 acres of land, which he
irrigated with a tube-well. Nishan Singh was married with two children. But his wife
has since remarried and the family does not know of her whereabouts.
Nishan Singh used to leave for his college every morning and return home in the
evening. According to his family, he had no political or militant links. Early in the
morning on 18 June 1989, a large police force supported by a unit of the CRPF,
surrounded Bahal Singhs house, stripped him naked and forced him to disclose the
whereabouts of Nishan Singh who was sleeping in the tube-well room on his farm.
Nishan Singh was arrested, and taken away to Amritsar. After repeated inquiries,
Bahal Singh was told to come to Sadar police station the next morning.
Bahal Singh, accompanied by his brother Dilip Singh and five village elders
reached Sadar police station the next morning only to learn the police had shifted his
son to B. R. Model School interrogation center in the middle of the city. The police
did not allow Bahal Singh to enter the interrogation center, but he continued to wait
outside everyday in the hope of catching the attention of some officer.
On 20 June 1989, SSP Sanjiv Gupta of Amritsar produced Nishan Singh before a
group of journalists in the city. Nishan Singh told them that he belonged to a group
of Sikh militants called the Bhindranwale Tigers Force and had been responsible for
several incidents of bombing in Punjab and even in Delhi. He confessed to having
placed a bomb at a Delhi railway platform on 12 June 1989 that had killed several
people. SSP Sanjiv Gupta told the media that a joint team of Punjab police and the
CRPF, led by SP (operations) Harbhajan Chand, had arrested Nishan Singh and
Balbir Singh from Putli Nagar area in Amritsar on June 19 night from village Mahal.
The two men were driving a scooter with the intention of carrying out a terrorist
crime. They were armed with AK-47 rifles, plastic explosives, hand grenades and
other implements used for bombing.
After reading reports about the press conference, the confessions his son had
made and the false statement of the SSP about his arrest, Bahal Singh became very
worried and went back to the B. R. Model School interrogation center along with a
man who was known to have good relations with Amritsar police officials. On reach-
ing the interrogation center, Bahal Singh and his companions saw that Nishan Singh,
his hands tied to his back and blindfolded, was being taken out in a police vehicle.
Bahal Singh panicked under the impression that they were taking Nishan away to be
murdered and started screaming. Some policemen escorting Nishan Singh in the
vehicle told him that they were going to produce Nishan Singh before a court and
asked him to come there himself. Bahal Singh waited at the designated court the
whole day, but his son was not produced. He then went back to the Sadar police
station and, there at the gate, started crying.
One police head constable took pity on him and escorted him inside to the cell
where Nishan Singh and five or six other young boys were locked up. Nishan Singh,
who had obviously been tortured, could not move himself. Bahal Singh gave some
money to the head constable who allowed him to buy some tea and refreshments for
the boys. Nishan Singh told his father that he had cooperated with the police to save
his life and that he hoped to be booked under TADA and sent to jail.
But Nishan Singh remained in police custody and Bahal Singh could not meet
him again. After 14 days, the police again produced him before a magistrate, quietly
in the magistrates house, who remanded him to the custody of Kotwali police for
interrogation in connection with another case. Bahal Singh then went to Kotwali
police station and requested an officer there for a brief meeting with his son. The
officer started abusing him and ordered him to leave.
The same evening, he heard a radio report about the death of his son in an
encounter. The print media also prominently published the story the next morning.
The reports quoted the police sources as claiming that a group of terrorists waylaid
the police van near village Dhol and opened fire when Nishan Singh was being taken
for recovery of more weapons. Nishan Singh, the report said, died in the cross-fire.
On July 7 morning, Bahal Singh went back to Sadar police station to ask for his
sons body. He was told to go to the civil hospital on the Majitha road where it had
been sent for a post-mortem report. Policemen at the hospital refused to let him go
near the body and instructed him to first obtain permission from a senior police
official to carry out the cremation. Bahal Singh started weeping and was able to
persuade the officer in-charge of the body to let him go to Seetla Mandir cremation
ground in Amritsar and even to light the pyre. But he was not allowed to collect the
mortal remains.
Bahal Singh moved an application before a court in Amritsar, through advocate
Sarbjit Singh, for permission to collect the mortal remains of his son for the last rites,
but the court refused to pass any order. Eventually, after several weeks, he managed
to meet SSP Sanjiv Gupta who directed the Lahori Gate police station to hand over to
him his sons ashes for ritual immersion in a river.
We do not know what happened to the second person shown to have been
arrested along with Nishan Singh. The CBIs list of unidentified cremations, under
the Serial nos. 90/75 and 94/75, shows two cremations carried out by Ajnala police on
21 July 1989 and 24 July 1989 within the Majitha police district. However, in the
absence of FIR numbers, we cannot suggest a connection.
30 August 1990, carried out by the SHO of Sadar police station in Amritsar stated
in FIR no. 439/90. They are of [1] Parminder Singh alias Dalour, s/o Amrik Singh,
r/o Kali Santra near Khemkaran; and [2] Narinder Singh, s/o Pyara Singh from
Khawali. There are no post-mortem report numbers. The cause of death is given as
police encounter.
form no. CCDP/00327. The main informant is Narinders mother Jagir Kaur.
Narinder Singhs actual name was Harinder Singh. His village mentioned in the
CBIs list as Khawali is actually Kohali under Lopoke police station in Ajnala sub-
division of Amritsar district. He was 22, unmarried and used to live with his parents
Piara Singh and Jagir Kaur.
Amritsar police had arrested and interrogated Harinder under torture twice.
Harinder was religious and used to frequent the Golden Temple and other historical
Sikh shrines in Punjab. This brought him under suspicion.
On 16 July 1990, Harinder Singh and his family were driving to the historical
shrine of Baba Budha Sahib in his tractor when a group of policemen in a jeep
abducted him from the road near village Bhakna. For the next 20 to 25 days, the family
made many rounds of police stations in Amritsar district, but could not trace him.
In the second week of August 1990, Harinders family received a visitor who
refused to disclose his identify but informed them that Harinder was under interroga-
tion at the B. R. Model School interrogation center at Amritsar. On receiving this
information, the family got in touch with Mohan Singh Mallian, an influential Akali
leader, who arranged for Jagir Kaur to meet Harinder briefly inside the interrogation
center. Harinder told her that the police had severely tortured him and they were
holding him along with Parminder Singh, son of Amrik Singh from Kalian Sanktran
village under Tarn Taran sub-division of Amritsar district. The CBIs list mentions
his village as Kali Santra.
Due to the efforts made by Mohan Singh Mallian, the police produced both
Harinder Singh and Parminder Singh before a court and, claiming to have arrested
them after an encounter, asked for two days of investigative remand. The magistrate
granted the remand. Harinders family produced copies of telegrams sent to various
authorities after his abduction on July 16 to assert that the police claim of arresting
him following an encounter was false. The court refused to admit their submissions.
The families of the two boys were, however, not excessively worried about their
custodial elimination because the police had chosen to produce them before a court.
On 30 August 1990, the family members of Harinder Singh and Parminder Singh
waited outside a court in Amritsar where they were to be produced for further pro-
cess. But they waited in vain. The police did not produce Harinder and Parminder.
The next day, newspapers published a story about an encounter, based on a
statement issued by SSP Sanjiv Gupta, stating that Parminder Singh and Harinder
Singh were killed in the cross-fire when a group of militants tried to rescue them near
Bahoru village in the night of August 29. The SSPs statement claimed that the
encounter occurred when police were returning with the militants, belonging to the
Khalistan Liberation Force, after recovering weapons hidden in Jhabbal area.
The police carried out the cremations at Seetla Mandir cremation ground in
Amritsar on 30 August 1990 while the families waited outside the court where their
sons were supposed to have been produced.
four cremations carried out by the SHO of Amritsars Sadar police station on 23
February 1991. There are no FIR or post-mortem report numbers. The cremations
are of [1] Dalbir Singh, s/o Karnail Singh, r/o Islamabad; [2] Rajinder Singh, s/o
Preetam Singh, r/o Gurunanak Pura, Amritsar; [3] Vijay Kumar, s/o Joginder Pal
Pandit, r/o Islamabad; and [4] Harish Chander, s/o Inderjit, r/o Nawakit. The cause
of death is given as bullet injuries.
port form no. CCDP/01175 about the case of Rajinder Singh. The main informant is
the victims mother Narinder Kaur.
Twenty-five-year-old Rajinder Singh was a welder who lived in House No. 1400,
Gali No. 13, Guru Nanakpura, post office Jwala Flour Mill under Islamabad police
station of Amritsar. Rajinder Singh, a clean-shaven Sikh, was unmarried and used to
live with his parents Preetam Singh and Narinder Kaur. He had no political associa-
tion and had never been arrested.
In the first week of February 1991, Amrisar police arrested Rajinder Singh and
four other young men on suspicion of their involvement in robberies in the city. The
police held them illegally for more than 10 days, interrogated them under torture, and
then implicated them in two separate cases registered at Amritsars Sadar and B
Division police stations. The case registered at Sadar station under FIR no. 622/90
charged them with offences under sections 457 [house-trespass or house-breaking
by night] and 380 [theft in dwelling-house] of the IPC. The second case registered at
B Division police station under FIR no. 32/91 charged them with sections 395
[dacoity in the assembly of five or more persons] of the IPC, sections 25/54/59 of the
Arms Act and section 3, 4 and 5 of TADA. They were produced before a court in
Amritsar, which committed them to further police remand. Rajinder Singh and four
others were in the custody of Sadar police station on 23 February 1991 when they
were reportedly killed in an encounter.
The story about the encounter published by several newspapers, including Ajit,
on 24 February 1991 was full of contradictions and raised more questions than it is
possible to answer on the basis of available information. Some newspapers reported
that the encounter had occurred near village Bhittowidd. Others quoted SSP Sanjiv
Gupta as saying that the encounter had taken place near village Nawan Kot. Later
reports placed the encounter at village Ghoshabad. According to one story, a police
force led by SHO Mohinder Singh of Sadar police station was allegedly taking the
five criminals to recover their arms and ammunition and also to nab their other
accomplices. On the way, a group of militants lying in ambush attacked the police
vehicle in which the five were traveling and started firing indiscriminately. The police
returned fire and, in the exchange that resulted, all five militants in police custody
were killed. Their names were given as Gurbachan Singh, Dalbir Singh, Rajinder
Singh, Vijay Kumar and Harish Chander. Punjabi newpaper Ajits staff reporter from
Amritsar quoted the SSPs clarificatory press statement, that said that all the five
arrested on February 6 were not militants, but criminals involved in dacoities and
bank robberies. The SSPs press statement also claimed to have recovered from them
two million rupees in cash and even more in gold ornaments.
The CBI lists only four cremations, from Serial no. 160/11 to 163/13, whereas the
SSPs statement and the press reports identify five persons killed in the alleged
encounter. The press reports identify the fifth person killed in the encounter and not
mentioned in the CBIs list of cremations as Gurbachan Singh, s/o Karnail Singh.
Surprisingly, the CBIs list of unidentified cremations shows, from Serial no. 123/154
to 127/158, that Sadar police station burnt five bodies on 23 February 1991. Were
these separate cremations linked to the four shown in the CBIs list of identified
cremations from Serial no. 160/11 to 163/13? Was the fifth cremation in the unidenti-
fied list of Gurbachan Singh, s/o Karnail Singh? Was Gurbachan Singh a brother of
Dalbir Singh as the common fathers name suggests?
The list of four cremations in the CBIs identified list cannot be complete because
the offence under section 395 of the IPC, invoked by FIR no. 32/91 registered at B
Division police station, by its very definition requires that there must be an assembly
of five or more persons.
But then what sense should we make out of the SSPs clarification that the
persons killed in the encounter were not militants and terrorists, but pure criminals
when the aforementioned case registered against them at B Division police station
also invokes sections 3, 4 and 5 of TADA?
Finally, are the claims of recovery and seizure of two million rupees and more
valuable gold ornaments supported by the fulfillment of required procedure under
section 457, 451 and 452 of the CrPC?
285. Under serial no. 167/16, the list identifies the cremation of Arjinder Singh
alias Tony, s/o Chain Singh, r/o Karail, Amritsar, carried out by head constable
Kashmir Singh of Amritsars Sadar police station on 21 March 1991, under FIR
no. 158/91. The post-mortem is marked as 295/91 and the cause of death is men-
tioned as bullet injuries.
form no. CCDP/01088. The main informant is the victims father Chain Singh Dhillon.
Twenty-four-year-old Arjinder Pal Singh, son of Chain Singh Dhillon, was a JCO,
with the rank of lance naik, resident of Mane Ki Patti in Kasel village under Sarai
Amant Khan police station in Tarn Taran sub-division of Amritsar district. His family
was distinguished by the virtue of its participation in Indias freedom struggle against
British imperialism. His grandfather Bakhshish Singh had spent seven-and-a-half
years in prisons for his participation in the revolutionary movement in Punjab. He
was also a prominent figure in the movement to reform the Sikh gurdwaras that led to
the establishment of the SGPC in 1925. Arjinder Pal Singhs father Chain Singh
Dhillon is a respected farmer of the village. Arjinder Pal Singh had three brothers:
Arsal Singh, an officer in Canara Bank; Muhabbat Pal Singh, a draughtsman in the
Canal Irrigation Department of Punjab government posted at Thien Dam and Kulwinder
Singh, a technical operator in the telephone depaprtment. Their only sister Baljit Kaur,
now married, is a post graduate.
Arjinder Pal Singh himself was married to Paramjit Kaur but had no children. As
an army officer posted at Sagar in Madhya Pradesh, he had no political associations
and had no criminal record until October 1989. In that
month, unfortunately, Arjinder Pal decided to come
home on leave and became a victim of the corruption
and waywardness of the local police. On 13 October
1989, he was arrested by inspector Major Singh of
Jhabbal police station and implicated in three criminal
cases registered in 1987 under sections 302 [murder],
307 [attempt to murder], 147 [rioting] and 149 [belong-
ing to an unlawful assembly guilty of offence commit-
ted in prosecution of common object], and sections
25/54/59 of the Arms Act and section 3 of TADA. The
designated court of J. S. Sandhu at Amritsar released
him on bail on 19 May 1990, and then finally acquitted
him of all charges on 2 August 1990.
After Arjinder Pal Singh came out on bail, the Amritsar police began to detain him
illegally and interrogate him under torture about his suspected militant connections.
In the meantime, because of his imprisonment on criminal charges, Arjinder Pal had
lost his job with the army . He had also become very bitter about his exposure to state
repression in Punjab. On 20 February 1991, the police raided his house once again
and abducted his nephew Kanwal Nain Singh who eventually disappeared. Arjinder
Pal Singh organized a protest against the police excesses.
Early morning on 18 March 1991, DSP Gurdev Singh and inspector Mohinder
Singh from Amritsars Sadar police station once again raided his house, with a group
of 15 to 20 policemen, and abducted Arjinder Pal Singh. They took him away without
disclosing to the family either his offence or the place where they were taking him.
However, Chain Singh Dhillon used his local connections to find out that his son
was being held at Sadar police station in Amritsar and managed to meet him there on
20 March 1991. Arjinder Pal Singh was in bad shape and complained of cold. Chain
Singh gave him the shawl he was wearing, and promised to come back with more
clothes. However, he was not allowed to see his son again when he returned to the
police station the next day.
On 22

March 1991, Chain Singh read a report in newspapers stating that a dreaded
militant named Arjinder Singh, s/o Chain Singh, had been killed in a fierce encounter
with the Amritsar Sadar police on the canal bridge near village Bohru. The police
carried out the cremation without informing the family and Chain Singh was unable
to do anything because of the police terror.
In 1997, through advocate Rajvinder Singh Bains, Chain Singh moved a petition
before the Punjab and Haryana High Court praying for an independent inquiry into
the circumstances in which his son had been abducted and killed. The high court
dismissed the petition, marked writ petition no. 29677 of 1997, on the ground that
many years had lapsed since the incident happened. Eventually, on request from
the advocate, the petition was dismissed as withdrawn and Chain Singh submitted
a representation to the Punjab director-general of police (DGP) asking for an
inquiry into the killing of his son and grandson. The representation failed to inspire
any action.
286. Under serial no. 168/17, the list identifies the cremation of Kuldeep Singh
Arjinder Pal Singh
Mangli, s/o Gurjit Singh, r/o Malhi (Verowal), carried out by the SHO of A Division
police station on 24 March 1991, under the FIR no. 66/91. The post-mortem report
number is not given. The cause of death is said to be bullet injuries.
Under the incident report form no. CCDP/01637, the CCDP has gathered the
following information about Kuldeep Singhs case. His uncle Master Harjit Singh is
the main informant.
Twenty-six-year-old Kuldeep Singh, son of Surjit Singh and Surinder Kaur, was a
resident of Sarhalli Khurd village under Verowal police station under Khadur Sahib
sub-division of Amrtisar district. His parents were divorced and his father Surjit
Singh was living abroad. Kuldeep joined the Border Security Force (BSF) after com-
pleting his matriculation in 1983. In May 1984, Kuldeep came to his village on leave
and went to visit the Golden Temple when the army was about to launch its assault.
Kuldeep was trapped inside the Golden temple even as Amritsar came under a cur-
few. Kuldeep was arrested after the army operation and detained under the National
Security Act, 1980, at Jodhpur jail in Rajasthan till 1989. The police continued to raid
his house even after his release. He had already been dismissed from the army . He
was picked up illegally and tortured under interrogation. Kuldeep was finally fed up
by interminable harassment and decided to quit his home to join the militant under-
ground. His mother too had to go away to live with her brother to avoid illegal arrest
and torture. Only his uncle Harjit Singh lived in the village.
Around 21 March 1991, Harjit Singh found out that his nephew Kuldeep had
been arrested in Amritsar city and informed his mother Surinder Kaur about it. Ac-
cording to Harjit Singh, she went to Amritsar immediately and tried unsuccessfully
to find some influential political person to intervene on her sons behalf.
On 25 March 1991, several newspapers reported the death of Kuldeep Singh. The
reports said that surrounded by the police, Kuldeep Singh, a militant resident of
Sarhalli village, committed suicide by consuming cyanide. The police carried out the
cremation without informing the family.
It is indeed surprising that the CBIs list mentions the cause of death to be bullet
injuries and does not refer to a post-mortem report.
cremations carried out on 5 July 1991 by ASI Santokh Singh of Amritsars Sadar
police station under FIR no. 362/91. They are of [1] Nirvail Singh, s/o Darbara
Singh, r/o Jagatpur; [2] Sukhbir Singh, s/o Attam Singh, r/o Thake; and [3] Jagdish
Masih, s/o Gurdayal Masih, r/o Turdi (TT), Khaparkheri. The list does not mention
post-mortem report numbers and gives the cause of death as bullet injuries.
form nos. CCDP/01314, regarding the case of Nirvail Singh, and the more informative
IncidentReport form nos. CCDP/01472 and 01488 about the cases of Kulwant Singh
and Sukhbir Singh, respectively. The main informants are the fathers of Nirvail Singh,
Kulwant Singh and Sukhbir Singh. They are Darbara Singh Dhillon, Mahal Singh
Fauji and Aatma Singh Dhillon. The name of Sukhbir Singhs father is Aatma Singh
Dhillon, which is wrongly mentioned as Attam Singh. He was a resident of Thande
village and not Thake village as given in the CBIs list. Kulwant Singhs fathers
name is also wrongly mentioned as Harbans Singh, his real name being Mahal Singh.
Eighteen-year-old Nirvail Singh, son of Darbara Singh Dhillon, was a class X
student from village Jagatpur, under post office Thathgarh, in Amritsar district.
In early 1990, Jhabbal police arrested Nirvail, while he was on his way to Amritsar,
on the suspicion of having links with militants. They brutally tortured him for 16
days in illegal custody. The family secured his release after paying the police a bribe.
After his release, Nirvail told his parents that following his experience of torture and
humiliation in police custody, he could no longer be able to lead a normal life. He left
home. His family lost all contact with him.
On 4 July 1991, Amritsar police orchestrated a fierce encounter near Kirtanpur
and claimed to have killed four dreaded militants, including Nirvail Singh. The elabo-
rate drama of this encounter became a talking point in Amritsar and Darbara Singh
learnt that his son had been killed. Although the police did not inform the family
about the cremation, he went to Durgiana Mandir cremation ground the next day and
saw the body of his son and three others burning on the pyres. One of them was
Kulwant Singh, s/o Mahal Singh, whose cremation, Under serial no. 189/27, figures
in the CBIs second list of partially identified cremations. His story is summarized in
the appropriate section.
The case of 30-year-old Sukhbir Singh alias Sukha is surreal. The youngest son
of Aatma Singh and Harbans Kaur, residents of Thande village, post office Jwala
Flour Mill, under Sadar police station, in Amritsar, he had migrated to the United
States in 1985 and worked as a taxi driver. This was a lucky turn in the life of a man
who had contracted polio in his childhood and, therefore, walked with a heavy limp.
According to his father, Sukhbir became an American citizen and, got married to
Rajwant Kaur. In 1991, Sukhbir was visiting his family in Punjab. Aatma Singh points
out that Sukhbir had no political background and had never been arrested by the
Punjab police.
Around 9 a.m. on 4 August 1991, Sukhbir joined a number of other passengers in
a three-wheeler taxi heading to Amritsar city. A group of Punjab police officers
assisted by the CRPF had set up a check-post at Kirtangarh village, not far from
Thande, where the taxi was stopped for a routine check. The police told all passen-
gers to get out for a body search. A commuter who had taken a seat next to Sukhbir
in the auto became nervous and tried to run away towards the fields. Some police-
men and the CRPF personnel ran behind him and some others, in a panic reaction,
took Sukhbir into their custody. According to many eyewitneses, some policemen
beat Sukhbir on the road when he protested telling them he was an American citizen.
The police then dragged Sukhbir away to a house in Kirtangarh that they had taken
over to interrogate suspects, and brutally tortured him and gave electric shocks.
Many residents of Kirtangarh heard him screaming under torture.
Some hours later, the security forces arrived in strength to orchestrate the en-
counter near village Khapar Kheri, half-a-kilometer from Thande, and Sukhbir was
killed along with Nirvail Singh, Kulwant Singh and Jagdish Masih. The police carried
out the cremations without informing their family members. Sukhbirs widow Rajwant
Kaur and their 11-year-old son Jangbir still live in the US.
According to Aatma Singh, the police also killed Sukhbirs cousin Sukhwinder
Singh, son of Mukhtiar Singh, r/o village Brar in Amritsar district, in a separate
incident.
290. Under serial no. 195/23, the list identifies the cremation of Beer Singh, s/o
Birsa Singh, r/o Khaparkheri, Chhearta in Amritsar, carried out by SHO Charan
Das of B Division police station on 30 July 1991, and is listed under FIR no. 150/
91. The post-mortem report number is not given and the cause of death is mentioned
as bullet injuries.
incident report form no. CCDP/01322. The main informant is the victims father Virsa
Singh.
Thirty-year-old Beer Singh, s/o Virsa Singh, was the eldest of seven brothers. He
was unmarried and helped his father cultivate his eight acres of farmland. Beer Singh
did not have any political or militant links. He had never been arrested.
On 29 July 1991, around 11 a.m. Beer Singh went with one of his friends Gurnam
Singh of Thade village to see a movie in a cinema hall in Amritsar city. Around 4 p.m.
the same day, Gurnam Singh came back to the house in a very agitated state and told
Beer Singhs parents that the police had shot their son dead on Sultanwind road in
Amritsar city. He was not able to explain why and how the police shot him. For the
next three days, Virsa Singh and his sons went to various police stations and hospi-
tals in the city, but did not receive any information about what had happened to Beer
Singh. A week later, they managed to meet the SP (city) who admitted that Beer Singh
had been killed and his body cremated at Seetla Mandir cremation ground.
From the fear of police terror, the family was unable to pursue the case. They do
not yet know why and how Beer Singh was killed and cremated by the Punjab police.
Virsa Singh has since sold his farmland and moved his residence to village Harar
Khurd, near Ajnala, in Amritsar district.
on 8 August 1991, which were carried out by SI Baldev Singh of Gharinda police
station. The FIR no. of the case and the post-mortem report numbers are not given.
The cause of death is mentioned as bullet injuries. These cremations were of [1]
Daljit Singh alias Billu, s/o Sucha Singh, r/o Mohalla Bog in district Phagwara;
and [2] Gurinder Singh alias Jinda, s/o Bhakshish Singh, r/o Basarke Kalan.
form no. CCDP/00741. The main informant is the victims father Bakhshish Singh.
Gurinder Singh alias Ginder, s/o Bakhshish Singh, from Baserke Gillan village on
Jhabbal road near Chheharta in Amritsar, was a high school student. Affected by
polio on his right leg, Gurinder could not run and had to even walk with support.
Gurinder had never been arrested or interrogated before.
On 5 July 1991 forenoon, around 10 a.m. SHO Gurmeet Chand of Chheharta police
station came with a large police force to raid Gurinders house. The boy had gone to
school and his father was away selling milk in the city. The SHO confiscated Bakhshish
Singhs tractor and his motorcycle, and instructed his wife to produce him at the
police station as soon as he returned. The same evening, Bakhshish Singh along
with several village elders went to Chheharta police station and met the SHO. The
SHO locked him up in a cell and threatened to keep him there until his son surren-
dered. Bakhshish Singh remained in the police lock up for five days. He was released
at the intervention of a large group of people from his village. The SHO retained his
tractor and motorcycle.
Gurinder Singh did not come back home from school. The Chheharta police
raided his house several times over the next weeks, and illegally detained Bakhshish
Singh and tortured him brutally for information about his son.
An army patrol arrested Gurinder on 5 August 1991 morning near village
Manakpur. The same day, the army patrol also arrested Amrik Singh, s/o Ishar Singh,
a Mazhabi Sikh boy of Basarke Gillan, from the farmhouse of Bhajan Singh, former
head of the village council. Both of them were brought to the army camp at Baserke
Gillan for interrogation. After some hours, the army personnel handed both of them
over to SHO Gurmeet Chand of Chheharta police station. Amrik Singh was released
the next morning, but Gurinder continued in police detention.
On 9 August 1991, a Punjabi daily Jagbani published a report, based on informa-
tion from police sources, stating that two militants identified as Gurinder Singh, s/o
Bakhshish Singh from village Basarke Gillan, and Daljit Singh alias Billa, s/o Sucha
Singh from Bhora locality in Phagwara district, committed suicide by consuming
cyanide when they were encircled by officers of Gharinda police station near village
Manakpur. According to the report, the two militants identified themselves, giving
their names, fathers names and addresses before dying.
After reading the newsreports, Bakhshish Singh, along with many other resi-
dents of the village, went to Gharinda police station to ask for his sons body. A head
constable on duty there told them that Gharinda police station had nothing to do
with this operation and that they had been falsely named in the newspaper reports.
Bakhshish Singh and his companions then went to Seetla Mandir cremation ground
and found out from an attendant there that both the boys had been cremated to-
gether. The CBIs list of unidentified cremations, Under serial no. 145/203, shows
that Gharinda police burnt another body on 9 August 1991. The post-mortem report
is marked as AKC-FM/451/91. The list gives no other information about this crema-
tion and in the absence of an FIR no., it is not possible to say whether or not it is
linked to the cremation of Gurinder Singh and Daljit Singh.
SHO Gurmeet Chand had earlier confiscated a tractor and a motorcycle belong-
ing to Bakhshish Singh. Some days after the news of Gurinders death had been
published, the SHO returned the tractor but kept the motorcycle. A few days later,
Amritsars Sadar police again arrested Bakhshish Singh and implicated him in a case
of murder. They kept him in Amritsar jail for four months. The trial judge dismissed
the case and acquitted him when the family members of the murdered person submitted
a written statement to declare that Bakhshish Singh had nothing to do with the case.
Meanwhile, Bakhshish Singhs family had managed to recover his motorcycle
from the Chheharta police station through the intervention of local politicians. This
apparently annoyed SHO Gurmeet Chand who instigated the Kang police to arrest
Bakhshish Singh and torture him again in illegal police custody for seven days.
Bakhshish Singh was unable to walk for 15 days after his release because of his
custodial torture.
293. Under serial nos. 218/27 and 220/28, the list identifies two cremations on 26
September 1991 which were carried out by the SHO of Sadar police station and
listed under FIR no. 525/92. They are of: [1] Kashmir Singh alias Landu, s/o
Kundan Singh, r/o Nehru Colony, Amritsar; and [2] Jaspal Singh, s/o Preetam
Singh, r/o Mustafabad. The list does not show a post-mortem report number. The
cause of death is given as firearm injuries.
The CCDP has acquired the following information about these cases from its
incident report form no. CCDP/00235. The main informant is Jasbir Singhs father
Preetam Singh.
The CBI has incorrectly recorded Jasbir Singhs name as Jaspal Singh. Sixteen-
year-old Jasbir Singh alias Jassa, son of Preetam Singh Bhasinia and Piar Kaur, was
a resident of village Mustafabad, Batala road, under Vijay Nagar police station, in
Amritsar district. He had a dairy farm. His wife Jaspal Kaur has since remarried.
Around the end of August 1991, around 5 p.m. a group of policemen came and
abducted Jasbir Singh, saying they were taking him to Vijay Nagar police station.
Lakhbir Singh Makhi was the inspector of the police station. The next day at 6 a.m.
Preetam Singh and two others went to the police station. The constable did not let
them enter the police station. At 10 a.m. Piar Kaur, Jasbirs mother, went to the police
station with lunch for Jasbir Singh. The police let her give him the food personally,
and she saw that her son had been badly tortured. He could not move or use his
hands, and she had to feed him. At night, Jasbirs brother Ratan Singh went to the
station with a fresh set of clothes for Jasbir. Ratan Singh helped Jasbir Singh change
into fresh clothes, and he noticed that Jasbirs arm was fractured.
The next morning, the police did not let Amrik Kaur, Preetam Singhs sister, meet
Jasbir when she went to the station to give Jasbir some food and tea. Inspector
Lakhbir Singh shouted at her and asked her to leave. No one ever saw Jasbir Singh
again, despite several visits to the station. The police would not let them enter the
police station nor did they give them any information about Jasbir. One officer said
that he had been sent to another place for further interrogation.
Ten to 15 days later, the family read a newsreport that Jasbir Singh had been killed
in an alleged encounter near Gurdwara Manj near Sultanwind. Another boy Landu,
also recorded in the CBI list, was reported as having died with Jasbir Singh. Landus
wife also informed Jasbirs family that Inderjit Singh was killed with the two of them.
Inderjit Singhs cremation is listed in the CBIs second list Under serial no. 219/37.
The CBI list partially identifies the cremation of Inderjit Singh, s/o Harbhajan Singh,
carried out on 26 September 1991 by the SHO of Amritsars Sadar police station
under FIR no. 525/91. There is no post-mortem report number. The cause of death is
given as fire arm injuries. Inderjit Singhs case has been summarized in the appro-
priate section of the report.
The police never informed the families about the cremations. Jasbirs family went
to the medical college and saw his name recorded in the autopsy records. However,
the CBI list does not include a post-mortem report number.
Eight months after Jasbir Singhs abduction, on the night between the 12 and 13
April 1992, militants killed his brother Ratan Singh, his cousin Joginder Singh, and
Dalbir Singh, son of Joginder Singh.
294. Under serial no. 261/32, the list shows the cremation of Sukhdev Singh, s/
o Mangal Singh, r/o Ballagan Sadar, Gurdaspur, carried out by officials of
Amritsars Sadar police station on 4 February 1992 under FIR no. 51/92. The
post-mortem report is marked as ND/FM/197/92. The cause of death is given as
bullet injuries.
incident report form no. CCDP/01702. The main informant is the victims widow
Simarjit Kaur.
Thirty-two-year-old Sukhdev Singh, son of Mangal Singh and Amar Kaur, was a
baptized Sikh from Ballagan village, post office Bhopar Saida, under Sadar police
station in Gurdaspur district. Sukhdev was married to Simarjit Kaur and had two
daughters, Inderjit Kaur and Bhupinderjit Kaur, now in their early twenties, and a son
Satinder Pal Singh, a teenager.
In 1984, Sukhdevs elder brother Ranjit Singh, an important functionary of the
Nihang sect called Buddha Dal, was appointed as head of the organization after its
then chief Santa Singh was ex-communicated by the Sikh religious establishment for
lending support to the government after the June 1984 Operation Blue Star. Santa
Singh received the support of the central government and he continued to remain
influential. According to Simarjit Kaur, Santa Singh managed to take his revenge and
got Ranjit Singh murdered.
Sukhdev Singh was very disturbed by the murder of his brother and, with the
resolve to avenge it, he developed links with the militant movement. Soon, the police
establishment became suspicious and began to hold him in illegal custody under
torture. The police also picked up and interrogated his family members. Sukhdev
could not endure the torture and left his home to join the ranks of the underground.
The police atrocities against his family members became more ruthless.
According to Simarjit Kaur, the police arrested her father Mohan Singh, resident
of Moga, and killed him in a fake encounter. Also, the police abducted the brother-in-
law of Sukhdevs brother Jugraj Singh, son of Mohinder Singh of Khuddi Cheema
village in Gurdaspur district, from his house and killed him.
According to Simarjit Kaur, the Gurdaspur police managed to nab her husband
on 3 February 1992 and killed him in an encounter staged the same night. She could
not provide further details of the incident.
295. Under serial no. 266/34, the list shows the cremation of Amrik Singh
alias Fakkar, s/o Jagir Singh, r/o Kirtangarh, carried out on 21 March 1992,
by SHO Ajaib Singh of Amritsars Sadar police station under FIR no. 87/92. The
post-mortem report number is not given and the cause of death is described as
police encounter.
incident form no. CCDP/01487. The main informant is the victims father Jagir Singh.
Amrik Singh alias Fakkar, son of Jagir Singh and Gurmeet Kaur, was a 22-year- old
Mazhabi Sikh from Kirtangarh, near Thande, post office Jwala Flour Mill under
Sadar police station, in Amritsar city. His father Jagir Singh used to drive a cycle-
rickshaw in the city of Amritsar to sustain his family. Amrik was not able to attend
school and started working as an agricultural worker for local farmers.
On 9 March 1992, the SHO of Sadar police station came with a large force to Jagir
Singhs house and arrested his son Amrik. The family members were scared of
approaching the police on their own and were trying to approach some influential
person in the city for intervention. Before their efforts could yield any result, Amrik
Singh, along with another person described as an unidentified militant, was killed in
an encounter staged near village Meera Kot. The second cremation, carried out by
the Civil Lines police station, is shown in the CBIs list of unidentified cremations
Under serial no. 194/267. The post-mortem report is marked as ND/FM/249/92.
Jagir Singh and other family members collected his ashes from the Durgiana
Mandir cremation ground.
296. Under serial no. 270/35, the list identifies the cremation of Major Singh
alias Jaskaran Singh, s/o Thakur Singh, r/o Padhri, PS Lopoke, carried out by
the SHO of Sadar police station at Amritsar on 21 March 1992, under FIR no.
101/92. There is no post-mortem report number. The cause of death is given as
police encounter.
The CCDP has collected the following information through its incident report
form no. CCDP/01522. The main informant is the victims father Thakur Singh.
Twenty-year-old Major Singh, son of Thakur Singh and Mohinder Kaur, was a
young farmer from Padhri village, Rare Walian Di Patti, under Lopoke police station
in Ajnala sub-division of Amritsar district. The eldest of four brothers, Major Singh
was also engaged in collecting milk from the villages in his area and selling it in
Amritsar city for a profit. He was unmarried.
In January 1992, the Amritsar police started raiding Major Singhs house sus-
pecting him of having militant connections. Fearing torture, Major Singh kept away
from the house, resulting in increased police harassment of his family members.
On 19 March 1992, SHO Ajaib Singh of Amritsars Sadar police station came with
a large force to search the family house at Padhri village once again. Major Singh,
who had been arrested, was also with the police force and was taken away after the
search failed to yield anything incriminating. The family members could not do any-
thing and, on 22 March 1992, newspapers reported Major Singhs killing in an en-
counter near village Meera Kot.
The family members were neither able to attend the cremation nor collect his
ashes.
297. Under serial no. 273/36, the list identifies the cremation of Harjinder Singh
alias Kala, s/o Sadhu Singh, r/o Gali No. 2, Shahid Udham Singh Nagar, Amritsar,
carried out by ASI Dalip Singh of Amritsars Sadar police station on 5 April 1992,
under FIR no. 120/92. The list does not show the post-mortem report number and
the cause of death is given as police encounter.
form no. CCDP/01182. The main informant is the victims father Sadhu Singh.
Eighteen-year-old Harjinder Singh, a resident of House No. 133, Shahid Udham
Singh Nagar, Gali No. 2, Amritsar, had given up school to help his father Sadhu Singh
sell cosmetics and jewellery at the local fairs.
Harjinders elder brother, Lal Singh Lalli was involved with the militant movement
and had been arrested and sent to jail. After his release from jail, when the police
began to raid the house with the view to arrest him again, Lal Singh slipped away and
joined the ranks of militants. To compel him to surrender, the B Division police
station of Amritsar arrested Harjinder and charged him under the Arms Act. Harjinder
managed to obtain his release on bail after three months.
In July 1991, Lal Singh was shot dead by a group of armed men very close to his
house in Shahid Udham Singh Nagar in Amritsar. The family thinks that the killing
was the handiwork of the police, who continued to raid the house to arrest and
interrogate Harjinder. Sadhu Singh spent a lot of money bribing policemen and also
engaging lawyers to fight his sons court cases. The police also detained and tor-
tured Sadhu Singh.
On 30 March 1992, SHO Hardev Singh of Amritsars Sadar police station raided
the house and arrested Harjinder Singh. The police refused to let Sadhu Singh enter
the police station and the SHO refused to meet him. On 6 April 1992, Sadhu Singh
read a newspaper report describing Harjinders killing by Amritsars Sadar police in
an encounter near Sultanwind village. Sadhu Singh went to the police station to
claim the body for cremation, but the SHO refused to talk to him. Sadhu Singh could
not collect his sons ashes.
Sadhu Singh did not pursue the matter because of police terror.
carried out by SHO Chanan Singh of B Division police station on 20 April 1992.
They are of [1] Pargat Singh, s/o Udham Singh, r/o Marisanga, PS Khalra and [2]
Balbir Singh alias Gulla, s/o Jeet Singh, r/o Thoru. No FIR or post-mortem report
numbers are given. The cause of death is said to be police encounter.
incident report form nos. CCDP/01539 and 01385. The main informants are Pargat
Singhs mother Gurnam Kaur and Balbirs grandfather Bakhshish Singh.
Thirty-year-old Pargat Singh, son of Udham Singh and Gurnam Kaur, was a
resident of village Mari Megha, under Khalra police station, in Patti sub-division of
Amritsar district. The CBIs list wrongly identifies the village as Marisanga. One of
five brothers, Pargat Singh completed his higher secondary school education and
then moved to Amritsar city with the intention of joining a college. In Amritsar, he
got married. His wife, known as Bobby, was from Sultanwind area of Amritsar. Pargat
Singh began to live at her parents house and had a son Rajwinder who is now 14 and
a daughter Joti who is 12. According to his mother, Pargat Singh ran a business. The
police had also arrested him several times on the suspicion of having links with
militants.
On 19 April 1992, Amritsar police abducted Pargat from a house in Partap Nagar.
That same day, the police declared that a militant named Pargat Singh had committed
suicide by taking a cyanide pill. The family found out about his death from a news-
paper report that appeared the next day.
Sixteen-year-old Balbir Singhs actual name was Gursewak Singh. He lived with
his stepmother in Patti Taal Wali of village Tharu within Tarn Taran sub-division of
Amritsar district. His fathers name, described in the CBIs list as Jeet Singh, was
actually Ajit Singh; he had died inside the Golden Temple during the Operation Blue
Star, in June 1984. Gursewak never went to school and, at the age of 15, began
working as a cleaner on a public transport truck. His relationship with his stepmother
had been strained and, after getting the job, Gursewak stopped visiting his house.
Once a group of policemen from Tarn Taran came to the house to make inquiries
about him, but they did not harass anyone else in the family.
Early in 1992, there was a rumor in the village that the police had killed Gursewak
Singh in an encounter outside Amritsar city. But the police did not come to give the
family any information. So, the family did not pursue the matter. Gursewaks grandfa-
ther Bakhshish Singh, who talked to the CCDPs investigating team that visited the
family in the village, believes that his grandson Gursewak has been killed. Otherwise,
he would have come to the house at least once.
It is not clear if the cases of Pargat Singh and Gursewak Singh, alias Balbir, were
in any way connected.
300. Under serial no. 280/41, the list identifies the cremation of Harpreet Singh, s/
o Balbir Singh, r/o Adaliwal, PS Raja Sansi carried out by the SHO of Amritsars
Sadar police station on 24 April 1992 under FIR no. 140/92. There is no reference
to post-mortem reports. The cause of death is given to be police encounter.
incident report form no. CCDP/01306. The main informant is the victims uncle Gurdial
Singh.
Twenty-two-year-old Harpreet Singh, s/o Balbir Singh, from Adaliwal village
under Raja Sansi police station in Amritsar, had joined the Punjab police as a con-
stable in 1988. His father was a small farmer with only five acres of land. Two of his
brothers who lived in Calcutta had a transport business and were fairly well off.
Harpreet Singh soon became unhappy with the Punjab police and developed
strong sentiments about the excesses it committed to contain the Sikh militant move-
ment. Without asking his parents, Harpreet quit the Punjab police and came home.
Fearing that he might get into trouble with the state, Balbir sent him away to Calcutta
to live and work with his brother. Harpreet did not feel at home in Calcutta, and came
back to his village near Amritsar in 1991. To keep him out of trouble in the village,
Balbir Singh rented a flat near Ranjit Avenue in Amritsar city and began to live with
him there.
On 21 April 1992, around 4 p.m. Harpreet was eating lunch at home when a group
of police officers from Amritsars Sadar station raided his Ranjit Nagar flat and took
him and his mother Surinder Kaur into custody. Balbir Singh was not home at that
time and found out about their arrest from the neighbors in the evening. He did not
know who had taken them away. He went to several police stations in the city, but
could not trace them.
On 25 April 1992, Surinder Kaur came back home. She too had been held at
Sadar police station of Amritsar where Harpreet had been locked up though sepa-
rately. On April 25 morning, the SHO told her that her son had been arrested on a
criminal charge, but his bail had been furnished and he would return home soon.
He then asked her to go back home. The same day, newspapers reported Harpreets
killing in an encounter with the police near village Fatehpur. On reading the news
report, Surinder Kaur was crestfallen and fainted with shock. She fell ill and died a
year later.
301. Under serial no. 285/43, the list identifies the cremation of Ravinder Singh, s/
o Raghubir Singh, r/o Thothiya, carried out by SI Sanjeev Kumar of Sultanwind
police post on 14 May 1992. The list does not give the FIR and post-mortem report
numbers. It mentions the cause of death to be police encounter.
The CCDP has the gathered the following information about the case through its
incident report form no. CCDP/01210. The main informant is the victims father Raghbir
Singh. It is not a case of enforced disappearance or custodial killing by the police,
although the CBIs list mentions the cause of death as police encounter. It is a case
of murder inspired by sectarian hate.
Ravinder Singh also called Bittu was a 30-year-old Kamboj Sikh and the son of
Raghbir Singh and Kulwant Kaur. They lived in village Thothian under police station
Khalchian, tehsil Baba Bakala in district Amritsar. Ravinder Singhs father Raghbir
Singh retired from the post of managing officer, a gazetted post, in the education
department of Punjab government, on 30 June 1997. For the last two generations,
Raghbir Singhs family had been followers of the Radha Soami sect.
Ravinder failed in his matriculation examination, and then joined the Universal
Batteries, a private company in Amritsar, as an apprentice to become an auto me-
chanic. In 1984, when he became proficient in his trade, he established an auto
electric shop at Khalchian town. In March 1986, he married Narinder Kaur. In 1987, he
had a son Sanmeet Singh and in 1989 a daughter called Navmeet Kaur.
In 1992, the militancy was at its peak in Punjab. As they were economically well
off, Ravinder Singhs family sensed danger from the militants. On 9 April 1992, some
militants came to their house and demanded that Raghbir Singh arrange Rs. 200,000
for them, within two days. The family informed the Khalchian police about this
incident. Because of their fear of the militants, the family shifted to house - No. 128 in
Gali No. 3, Mohalla Rana, Garden Colony near Bhai Laloji Nagar in Amritsar City on
27 February 1992. Ravinder Singh, his wife and children also shifted to Amritsar,
sometimes living with a maternal uncle at 13, Partap Nagar, Amritsar.
On 14 May 1992 at about 6.45 a.m. Ravinder Singh left for Baba Budha Sahib, a
famous Sikh shrine, along with his wife Narinder Kaur and their children. It was the
day of Sankrant and Ravinder Singh was carrying a pocket size tape recorder that
was playing a cassette of Guru Gobind Singhs hymns. On the way, two Nirankari
Sikhs, Daljit Singh, s/o Sat Pal Saini who lived at 34 Bhai Laloji Nagar in Amritsar, and
his friend Satpal, vehemently objected to Ravinder Singh playing Guru Gobind Singhs
hymns. Ravinder was vaguely familiar with these two who owned a mechanical
factory in the Maqboolpura, Garden Colony of Amritsar. A minor scuffle and hot
exchange of words followed when the Nirankaris tried to snatch the tape recorder
away from Ravinder Singh. In this tussle, Satpal yelled that he would murder the
whole Sikh community if he had the power because of the way the Sikhs had mur-
dered the Nirankari Guru. Soon, the quarrel ended and Ravinder assumed that his
tormentors had gone away.
On the way to Baba Budha Sahib, Ravinder stopped at the Amco Industries in
Maqboolpura, Garden Colony, at about 8.25 a.m. where he had some business to do.
Satpal and Daljit Singh, along with a few others, arrived and caught hold of Ravinder
Singh by his long hair as he was walking out of the Amco Industries compound and
dragged him towards their own factory. But Satpal got the better of them and he shot
Ravinder Singh with his pistol, firing five shots, one after the other, at short intervals,
and then dragged him to Gali No. 1 near their factory, and then beat him even as
Ravinder collapsed bleeding profusely. A lady, Surjit Kaur, w/o Gurdial Singh tried to
offer a glass of water to Ravinder but Satpal spilt it saying let him die. He also did
not let Narinder Kaur come near him to help saying that she is also a militant
accomplice. Ravinder Singh lay there helplessly bleeding profusely while Satpal
and others kept watching him die.
The whole incident was witnessed by Surjit Kaur w/o S. Gurdial Singh; Narinder
Singh, proprietor Sharp Radio Corporation, Chowk Farid, Amritsar; Darshan Kaur w/
o Late S. Sampuran Singh, 13 Partap Nagar, Amritsar; Darshan Singh, Proprietor
Amco Industries as well as Ravinder Singhs wife Narinder Kaur.
The police arrived after Ravinder Singh had died and took his body for a post-
mortem examination that was done at about 2.45 p.m. on 14 May 1992. But the police
did not take any action against his murderers. The family members attended the
cremation.
Ravinders father Raghbir Singh moved an application before the deputy com-
missioner (DC) of Amritsar, giving a factual account of his sons murder. Members of
the village council were also present when he submitted the application to the DC.
The DC marked an inquiry to the sub-divisional magistrate (SDM). The SDM,
Harbhupinder Singh, conducted an inquiry and recommended the registration of a
case against the accused. On the basis of the inquiry report, the DC directed the SSP
Amritsar to register a case against the accused, but the latter did not comply. The
SSP, however, did not obey the order of the DC. Ultimately, in 1993, the family filed a
private complaint in the court of the judicial magistrate. After the registration of the
FIR, the case was heard by the sessions judge, Amritsar, who acquitted the accused.
The family hired advocate Pooran Singh Hundal for challenging the decision of the
Sessions Judge, Amritsar, in the Punjab and Haryana High Court at Chandigarh. But,
the advocate delayed the filing of the appeal by six months and the high court
dismissed the appeal on the ground of this delay.
302. Under serial no. 292/44, the list identifies the cremation of Sucha Singh alias
Charan Singh, s/o Mohinder Singh, r/o Swajpur Chinna, PS Raja Sansi carried
out 22 May 1992 by the SHO of Amritsars Sadar police station under FIR no. 179/
92. The list does not give the post-mortem report number. The cause of death is
mentioned as police encounter.
The CCDP has acquired the following information about this case through its
incident report form no. CCDP/01299. The main informant is the victims mother Piar
Kaur.
Twenty-seven year-old Sucha Singh, s/o Mohinder Singh and Piar Kaur, was a
resident of village Sawazpur near Harsha Chheena, under Ajnala sub-divion of
Amritsar district. A farmer, Sucha Singh was married to Surjit Kaur and had a daugh-
ter Ramandeep Kaur who is now 15. Sucha Singh had no political or militant connec-
tions, but his cousin Satnam Singh, s/o Dalip Singh, was a known militant of the area.
His uncle Dalip Singh too had his farm house next to Sucha Singhs and every time
the police came to look for Satnam Singh, they would pick up various members of the
family, including Sucha Singh, for interrogation in illegal custody.
In the night intervening 16 and 17 May 1992, a large police force led by DSP Brar,
SHO Baldev Singh of Raja Sansi police station, inspector Chiman Lal and ASI Dilbagh
Singh raided the cluster of farmhouses belonging to Sucha Singh and his uncles.
The police party took seven members of the family into custody and drove them to
Raaja Sansi police station. They were: [1] Sucha Singh; [2] his brother Harcharan
Singh; [3] Balwinder Singh, s/o Joginder Singh; [4] Daljit Singh, s/o Gurbakhsh
Singh; [5] Balbir Singh, s/o Jagir Singh; [6] Gurdev Singh, s/o Gurbakhsh Singh, and
[7] Satta, a worker at Sucha Singhs farm.
At Raja Sansi police station, Sucha Singh was separated from the rest and taken
to B. R. Model School interrogation center in Amritsar. No one knows what hap-
pened to him thereafter. On 23 May 1992, several newspapers reported the killing of
a militant called Sucha Singh by the Sadar police near Amritsar city. Most of the male
members of the family were at that time either in police custody or had left the village
to escape police atrocities. Hence, they could neither attend the cremation nor col-
lect his ashes.
According to Piar Kaur, Sucha Singhs mother, the police killed the following
other members of the family after capturing them: [1] Ranjit Singh, s/o Dharam Singh;
[2] Sukhdev Singh, s/o Joginder Singh; [3] Satnam Singh, s/o Dalip Singh; [4] his
brother Balkar Singh and [5] Balkar Singhs wife Jaswant Kaur.
The CBIs list of unidentified cremations, Under serial no. 206/291, shows a cre-
mation carried out by Raja Sansi police on 22 May 1992. The list does not mention
the FIR number and nor does it give any other information about this cremation.
Hence, it is not possible to say whether or not the unidentified cremation is linked to
this case.
carried out by Amritsars Sadar police on 3 June 1992 under FIR no. 205/92.
They are of [1] Jasvinder Singh alias Ghora, s/o Teja Singh, r/o Patti; and [2]
Balvinder Kumar alias Binder, s/o Chowdhary Ram, r/o Kalar, Raja Sansi. Their
post-mortem report number is marked as RKG-50/92 and the cause of death is
given as police encounter.
The CCDP has gathered the following information about Balwinder Kumars
case through its incident report form no. CCDP/00745. The main informant is the
victims mother Sumitra Rani.
Twenty-one-year-old Balwinder Kumar, alias Lamari, resident of Kaler village
near Raja Sansi in Amritsar, was from a Hindu Arora family. His father Chowdhry Ram
was a business man and Balwinder was himself employed as a worker in a power mill
in Amritsar. He was unmarried and lived with his parents, his brother Varinder and
two sisters Kailash Rani, who is now 20, and Veena, 16. Balwinder had no political or
militant affiliations.
According to the family, the police from Civil Lines and Raja Sansi police station
had raided their house a few times in April 1992, and had picked up Balwinder
Kumar for interrogation. After these raids, Balwinder had begun to live separately in
Amritsar city.
On 2 May 1992, Chheharta police, led by SI Mahinder Singh Karicki, arrested
Balwinder Kumar from Majitha Road Amritsar and took him to village Sanghna. They
also arrested Surjit Singh, s/o Mahinder Singh. Surjit
Singhs wife saw Balwinder Kumar in police custody.
The family does not know what happened thereaf-
ter and came to know about his death by reading a
newspaper report on 4 June 1992, which said that
Balwinder had been killed in an encounter. The report
also mentioned the killing of Jaswinder Singh Ghora in
the same encounter. Surjit Singh, arrested from village
Sanghna near Amritsar, disappeared. However, the CBIs
list of unidentified cremations, Under serial nos. 208/
300 and 209/301, shows two cremations carried out by
Chheharta police on 3 June 1992 and it is reasonable to
assume that one of the cremated persons was Surjit
Singh, s/o Mahinder Singh, r/o Sanghna village, Amrisar. The post-mortem reports
are marked as ND-450/92 and ND-451/92.
305. Under serial no. 310/49, the list identifies the cremation of Chanan Singh
alias Ladi, s/o Kahari Singh, r/o Algo Kothi, carried out on 28 June 1992 by the
Civil Lines police under FIR no. 140/92. The post-mortem report is marked as ND/
4/92 28.6.1992. The cause of death is given as police encounter.
The CCDP has acquired the following information about this case through its
incident report form no. CCDP/01564. The main informant is the victims uncle Karam
Singh Fauji.
Twenty-year-old Channan Singh alias Laadi, son of Karaj Singh and Harbhajan
Kaur, was a resident of Algon Kothi, under Valtoha police station, in Patti sub-
division of Amritsar district. The eldest of two brothers, Channan Singh com-
pleted his matriculation and then became a trainee compounder at a doctors clinic
in Patti. He also used to assist his maternal uncle Gurnam Singh in his transport
business. Channan Singh occasionally drove a truck that belonged to his uncle.
Channan Singh, a baptized Sikh, had never been arrested or interrogated by the
police.
On 25 June 1992, Channan Singh along with his uncle Gurnam Singh came from
a city in Uttar Pradesh with a truck load of goods for delivery in Amritsar when
Amritsar police arrested both of them. According to his uncle Karam Singh Fauji,
the family members found out about the arrest and unsuccessfully tried to meet
senior police officials in Amritsar to rescue Channan Singh.
According to Karam Singh, the police staged an encounter on Ajnala road in
Amritsar and killed Channan Singh along with a girl, resident of Sultanwind, in the
city in the night intervening 27 and 28 June 1992. The newspapers reported the
encounter, but did not give the identity of the girl killed along with Channan Singh,
describing her as an unidentified militant. Gurnam Singh was later released from
custody. Apparently, Channan Singhs immediate family has left the village. His
uncle Karam Singh Fauji, who still lives in the village, gave us the information.
The cremation of the unidentified girl, carried out at the Durgiana Mandir cre-
mation ground, is included in the CBIs list of unidentified cremations Under serial
no. 214/311.
Balwinder Kumar
306. Under serial no. 313/50, the list identifies the cremation of Udham Singh,
s/o Gajjan Singh, r/o Thathgarh carried out by SHO Chaman Lal of Amritsars
Sadar police station on 6 July 1992, mentioned in FIR no. 254/92. The post-
mortem report is marked as ND/FM/493 and the cause of death is given as
police encounter.
The committee has gathered the following information on this case from its
incident report form no. CCDP/01293. The main informant is the victims son
Heera Singh.
Sixty-two-year-old Udham Singh, s/o Gajjan Singh, was a respected farmer of
Thathgarh village under Jhabbal police station in Tarn Taran sub-division of Amritsar
district. He was also locally known as Akali because of the contribution his grand-
father Kala Singh and uncle Arjan Singh towards the Sikh religious reform movement
in the 1920s that witnessed the birth of the Akali Dal and the formation of the SGPC
in 1925. Udham Singh was married to Gurmej Kaur and had five children, three daugh-
ters and two sons.
Udham Singh was deeply involved in Sikh religious affairs in his area and took
part in the organization of important events of the Sikh religious calendar. Tarn Taran
police had raided his house a number of times suspecting that militants visited his
house. The police had once detained Udham Singh and his sons Heera Singh, now
30, and Hazura Singh, 25, for interrogation. However, they later released them.
Around 5 a.m. 1 July 1992, on 4 or 5 a.m. a large group of Punjab police officers
raided Udham Singhs house, entering it after scaling the walls. ASI Dilbagh Singh of
Jhabbal police station was one of the police officers. Police arrested Udham Singh
and his son Hazura Singh and went away with them to B. R. Model School interroga-
tion center. Udham Singhs daugher Rajwant Kaur and Hazura Singhs wife Ranjit
Kaur began to protest loudly and demanded to know where they were taking the
arrested persons. The police refused to divulge any information.
At the interrogation center, Udham Singh and Hazura Singh were locked
up separately. Hazura Singh does not know what they did to his father. On 7 July
1992, the police released Hazura Singh from the interrogation center. That same day,
newspapers reported the killing of Udham Singh in an encounter that allegedly
occurred in the night between 5 and 6 July. The police did not inform the family about
the cremation.
In 1996, some CBI officers approached the family in connection with their inves-
tigation into the illegal cremations matter, as ordered by the Supreme Court. Al-
though the CBI officers did not disclose the purpose of their inquiries, Heera Singh
gave all the details of the case. Around this time, Dilbagh Singh, one of the police
officers from Jhabbal responsible for Udham Singhs abduction on 1 July 1992, also
approached the family and offered a large sum of money for a compromise in the
matter. But the family declined the offer and threatened to report it to the CBI. At this,
Dilbagh Singh went away saying: Alright! We will then pay the same money to the
CBI officers.
Later, the family came to know that the CBI had filed a closure report in the case.
Once Heera Singh went to the CBI court at Patiala and met the CBI officers who told
him that as there was no evidence, they could not do anything in the case. They also
obtained Heera Singhs signatures on some statements that were written in English
which he could not read. The family members suspected that the police officers
responsible for Udham Singhs abduction and murder in a fake encounter, bribed the
CBI officers responsible for the investigation.
The CBI had presented its closure report in this case No. R. C. 9(S)/97/SI.U-XVI/
JMU on 1 October 1999 before the CBI court in Patiala. The court, vide its order dated
16 February 2000, took the view that the investigating agency should make further
efforts to identify the abductors of Udham Singh. The CBI then presented a
suplementary closure report on 29 September 2000, which said that no fresh evi-
dence was forthcoming and the case should therefore be closed.
The CBIs closure reports are surprising since Hazura Singh had witnessed and
had been abducted along with Udham Singh on 1 July 1992 morning, and held at B.
R. Model School interrogation center till 7 July, the day after the Sadar police carried
out Udham Singhs cremation. The B. R. Model School Interrogation center, which
operated under the direct authority of Amritsars SSP, with the SP (detective) directly
in charge, was well-known as a place where terrible atrocities were committed in the
course of interrogation of illegally detained persons before they were liquidated in
fake encounters.
Under these circumstances, that the CBI chose to close the case on the grounds
of lack of evidence, is indeed extraordinary.
The CBIs list of unidentified cases, Under serial no. 216/314, shows that SHO
Chamanlal of Sadar police station carried out another cremation on 6 July 1992 men-
tioned under the same FIR no. 254/92. Although the list does not give any other
marker for identification, it gives the post-mortem report number as ND/FM/4494/92.
Udham Singhs post-mortem report is marked as ND/FM/493. Hence, it is reasonable
to assume that this unidentified cremation shows that the police killed someone else
in the same encounter and, as The committee has found it possible through its own
research, it should be possible for the investigative agency to find more details
through these connections.
307. Under serial no. 315/51, the list identifies the cremation of Paramjit Singh
alias Foji, s/o Roor Singh, r/o Sensra carried out by Amritsars Sadar police on 7
July 1992 under FIR no. 257/92. The post-mortem report number is not given. The
its incident report form no. CCDP/01267.
Paramjit Singh, s/o Roor Singh, was a resident of Sehnsra Kalan village under
Jhander police station in Ajnala sub-division of Amritsar district. He was married
and had two young children.
As a member of an underground Sikh militant organization, Paramjit had begun to
live away from his home, along with his wife and children. But the police frequently
raided the house, detained Roor Singh and his second son Surjit Singh Kaku for long
periods in illegal custody and tortured them for information on Paramjits where-
abouts. The police also demolished their village house and confiscated all their
household articles, forcing the family to live as destitutes.
On 3 July 1992, Paramjit, his wife and two children were arrested from the railway
station in Amritsar by Sadar police. On 6 July 1992, Paramjit was reported killed in an
encounter with the Sadar police near village Loharka. His wife and children also
disappeared and no one knows what happened to them.
The police continued to harass the remaining members of the family. The police
again arrested Surjit Singh Kaku and implicated him in a number of criminal cases.
Convicted by a special court on the charge of committing a murder, Surjit is still in
Amritsar jail. With his house demolished and no one to look after him, Roor Singh left
the village to live in Gurdwara Hazur Sahib.
carried out by Sadar police on 10 July 1992 registered under FIR no. 260/92. They
are of [1] Avtar Singh, s/o Sadhu Singh Jath, r/o Tarsika and [2] Balraj Singh, s/o
Narinder Singh, r/o Bisshoa. There are no post-mortem report numbers. The cause
of death is given as police encounter.
The CCDP has acquired the following information about these cases through its
incident report form nos. CCDP/01195 and 01140. The main informants are Jasbir
Kaur and Baljit Kaur, the victims widows.
Twenty-four-year-old Avtar Singh alias Bai, son of Sadhu Singh, was a resident
of Patti Bhinder, village and post office Tarsikka under Mattewal police station in
Baba Bakala sub-division of Amritsar district. A farmer, Avtar was married to Jasbir
Kaur and had a son Jagroop Singh who is now 13.
Avtars father Sadhu Singh was well-known and respected in his area as a
freedom fighter who had spent several years in jails by championing the cause
of Indias independence during the British rule. Sadhu Singh was an intensely reli-
gious person and Avtar grew up under his influence. Avtar was arrested and impris-
oned soon after the Indian army s attack on the Golden Temple of Amritsar in June
1984. He remained in prison for the next 15 months. The police continued to raid his
house and detain him for interrogation even after Avtar came out of jail. Avtar bit-
terly complained to his father about these prolongued periods of illegal detention
and physical torture under interrogation. Sadhu Singh advised him to keep away
from the village and avoid the police. He feared that the police might kill his son
under torture.
In the first week of July 1992, Avtar Singh accompanied his wife Jasbir Kaur to
visit his sister Balwinder Kaur, w/o Dilbagh Singh, at village Valla. They stayed at his
sisters house for some days. On 7 July 1992, around 9 a.m. Avtar was drinking tea
when the Amritsar police raided his sisters house, arrested him and his brother-in-
law Dilbagh Singh, and drove away with them without disclosing their destination.
Balwinder Kaurs family members and other villagers first went to Verka police sta-
tion to find out if they had been detained there. The police officers at Verka had no
information and refused to help them in any way. They went to several other police
stations in Amritsar but could not get any information about the whereabouts of
Avtar Singh and Dilbagh Singh.
On 10 July 1992, Punjabi newspapers published a report, quoting police sources,
about the killing of Avtar Singh and Balraj Singh. The police did not inform the
families and carried out the cremations themselves. Dilbagh Singh was later released
from police custody.
The case of Balraj Singhs enforced disappearance following police abduction
and his reported cremation is more puzzling.
Thirty-eight-year-old Balraj Singh, s/o Narinder Singh, was a school teacher
posted at village Ghaga and, together with Baljit Kaur, also a teacher, used to live in
House No. 22, Adarsh Nagar, under Sadar police station, of Amritsar. They had two
sons, Ramandeep and Gagandeep. Ramandeep is now 20.
Balrajs father Narinder Singh was a leading farmer of village Vasoa in Amritsar
district and many of his family members held distinguished positions within the
Government of India. His wife Baljit Kaurs father, Dr. Gopal Singh, had retired from
the Indian airforce. Her uncle Karnail Singh retired from the army as a brigadier. One
of Baljits relatives is a major-general in the army .
Balraj was a religious-minded Sikh; he was not known to have any political or
militant affiliations. The police had never arrested or interrogated him before.
Balraj and his wife had spent two months of their summer vacation visiting their
families and on 9 July 1992, they were home getting ready for the new school-year,
set to begin the next day. Around 3:30 p.m. that day, Baljit Kaur noticed some CRPF
personnel outside her house. When she went out to find out what they were up to,
the CRPF men, belonging to 32 Battalion as she later found out, asked her name, her
husbands name, where they worked, and other such particulars. Baljit assumed that
they were carrying out some routine check and did not bother. She went inside and
informed her husband who also did not pay much attention to the matter.
Approximately 40 minutes later, the same CRPF personnel together with some
others in plain clothes rushed into the house and immediately overpowered Balraj
Singh. Baljit Kaur managed to telephone some friends from a neighbors house but
before anyone could arrive on the scene, the CRPF tied Balraj Singhs hands behind
his back and took him away in a jeep without disclosing where they were taking him.
Baljit and some of the family friends visited many police stations and also tele-
phoned many higher police officials, but could not find out where Balraj Singh had
been detained.
On 10 July 1992, several newspapers carried a report about the killing of Balraj
Singh, s/o Narinder Singh from Vasoa village and of Avtar Singh, s/o Sadhu Singh
from Tarisikka village in an encounter. The newspaper reports said that Avtar Singh
and Balraj Singh were area commanders of the Khalistani Commando Force, linked to
Paramjit Singh Panjwar, who were wanted in hundreds of terrorist cases, involving
murder, bombing, robbery and rape. According to the newspapers, the encounter
took place when the police challenged the two militants while they were laying
landmines in a village near Verka town in Amritsar district. The armed encounter and
the exchange of fire reportedly lasted for 40 minutes before the police killed the two
militants.
However, the same day they received information from family friends who had
connections with senior government officials in the city that the newsreport about
Balrajs killing and his supposed cremation on 10 July 1992 at Seetla Mandir crema-
tion grounds was deliberately planted and fabricated. This informant also said that
the police had done so to kill all inquiries from the family and others and that they
were keeping him alive for some important tasks. Immediately, Baljit Kaur and her
friends went to the doctor at the civil hospital who had supposedly conducted the
post-mortem of Balraj Singhs body before it was cremated to make inquiries. They
were convinced after talking to him that it was not the body of Balraj Singh.
In the next weeks, Balraj Singhs family members met various senior police offi-
cials in the state, including additional director general of police (ADGP), O. P. Sharma;
IG Border Range D. R. Bhatti; SSP Hardeep Singh Dhillon and Sukhdev Singh
Chheena, the SP (city). Advocate Ranjan Lakhanpal, who claimed to be very close to
ADGP O. P. Sharma, accompanied Baljit Kaur for the meeting with him in Chandigarh.
Mr. Sharma told her, This boy is very much alive. But, I cannot do anthing to get him
out at this stage. But he promised to get Balraj Singh released from the incommuni-
cado detention alive. After getting this assurance, Baljit Kaur did not think it proper
to approach the High Court of Punjab and Haryana for any action. Advocate Ranjan
Lakhanpal told her that the highest officials of the police establishment had staged
his disappearance because they needed him to identify Paramjit Singh Panjwar, a top
militant belonging to the Khalistani Commando Force.
According to Baljit Kaur, her husband was seen, by reliable family friends, in the
custody of the CRPF at different locations on three or four occasions in the next
months and years. She received the last such report in 1994. Family members contin-
ued to meet senior officials and politicians in the state, including several ministers.
After some years, they gave up hope. Baljit Kaur still believes that her husband is
alive because Paramjit Singh Panjwar has not yet been arrested. The State Education
Board advised her, a number of times, to claim her husbands arrears and other
benefits after submitting an application about his death in the police encounter. She
has not done that so far. She also does not know what she can do to get her husband
released from the protracted custody. She has lost all faith in Indias institutional
order that pretends to stand on the constitutional principles of democracy, funda-
mental human rights and separation of powers between the executive, legislature
and judiciary.
310. Under serial no. 320/54, the list identifies the cremation of Sukhdev Singh, s/
o Karam Singh, r/o Attari, carried out by Amritsars Sadar police station on 25
July 1992 under FIR no. 275/92. The post-mortem report is marked as GM/799.
The cause of death is given as bullet injuries.
The CCDP has gathered the following information about this case from its
Karam Singh.
Sukhdev Singh, son of Karam Singh and Charan Kaur, was a 21-year-old Mazhabi
Sikh, resident of Attari village, Kutcha Qila, under Gharinda police station, in Amritsar
district. His father, a coolie at Amritsar railway station, wanted his children to be
educated and, in spite of hardship, encouraged his children to study. Sukhdev was
talented and after passing the higher secondary school examination from the gov-
ernment high school at Attari, joined the Sports College at Jalandhar. Sukhdev was
an outstanding football player and the recepient of many awards. On the basis of his
excellent record as a sportsperson, Sukhdev Singh had been selected for the Punjab
police. He was clean-shaven and lived in the college hostel.
On 27 July 1992, Sukhdev Singhs family members received information that he
had been killed as a militant in an encounter with the police in Amritsar city at
Ranjitpur area on July 25. They also found out that several newspapers had reported
his killing, but wrongly reported his name as Sukhwinder Singh Bittu. A senior police
official confirmed the report when Karam Singh contacted him through an influential
political leader in the city. Also, the doctor who had prepared the post-mortem
report corroborated that the person killed in the so-called encounter was indeed
Sukhdev Singh.
Karam Singh is categorical that his son had no involvement with militant activi-
ties and on the day of the incident had gone to Kasel village to fetch one of his
football players. According to him, the report of the encounter was concocted and
the police never informed the family about it. The family was neither able to attend
the cremation nor collect the ashes.
311 312: Under serial nos. 328/56 and 329/57, the list shows two cremations
carried out by Raja Sansi police on 23/24 August 1992 under FIR no. 55/92. They
are of [1] Satnam Singh alias Sakattar Singh, s/o Gurnam Singh, r/o Tolo Nangal
and [2] Hardeep Singh alias Deepa, s/o Kulwant Singh, r/o Kakkar Tarien, PS
Lopoke. The post-mortem reports are marked as ND-576/92 and ND 574/92. The
incident report form nos. CCDP/01284 and 01281. The main informants are Gurnam
Singh and Kulwant Singh, fathers of Satnam Singh and Hardeep Singh, respectively.
Twenty-one year-old Satnam Singh alias Sakattar, s/o Gurnam Singh, was a resi-
dent of Tole Nangal, post office Jhanjoti under Raja Sansi police station within
Ajnala sub-division of Amritsar district. He was unmarried and helped his father
Gurnam Singh, a small farmer, in cultivating his five acres of land.
Early in 1990, Satnam Singh developed a sympathetic attitude towards the mili-
tant movement for an independent Sikh state, and the police arrested him a few times
to interrogate him about his connections. Recognizing that his son was being drawn
towards the militant movement, Gurnam Singh sent him away to Mumbai to live with
a relative and work as a truck driver. From the beginning of 1992, the police from
Ajnala and Raja Sansi began to raid his house with the view to arrest Satnam Singh
and, finding him absent, to pick up Gurnam Singh and his other sons for interroga-
tion. The police did not believe that the family was not in contact with Satnam and
tortured them brutally, particularly his elder brother Major Singh, for information.
Major Singh became mentally imbalanced and to date has not been able to recover
from the effect of his torture.
In the middle of August 1992, Raja Sansi police arrested Gurnam Singh and held
him in illegal custody for several days. On 21 August, Raja Sansi police, led by ASI
Jeet Singh, arrested Satnam Singh from a house in village Ladai. Satnam Singh was
brought to Raja Sansi police station and, for the next two days, brutally tortured in
front of his father. In the night intervening 22 and 23 August 1992, the police killed
Satnam Singh, one of his relatives Hardeep Singh from Kakkar village, and a third
person described as an unidentified militant in a fake encounter that supposedly
took place on the canal bridge near village Bagge. Police released Gurnam Singh from
the illegal custody after killing the three boys whose bodies were cremated at the
Durgiana Mandir cremation ground in the presence of their relatives.
Twenty-three-year-old Hardeep Singh alias Deepa, s/o Kulwant Singh, was from
Kakar Tareen village near post office Sorian under Lopoke police station in Ajnala
sub-division of Amritsar district. He was unmarried and was involved with the un-
derground militant movement. The police used to regularly raid his house and arrest
his relatives, including uncle Gurmel Singh, grandfather Harbans Singh and others,
and torture them for information.
The police arrested Hardeep on 20 August 1992 outside Sangam Cinema Hall in
Amritsar and interrogated him under torture for information that led to Satnams
arrest. Both were killed along with a third person described as an unidentified mili-
tant, in the same encounter on 22 August 1992 night. The CBIs list of unidentified
cremation, Under serial no. 220/327 shows that Raja Sansi police carried out the third
cremation on 23 August 1992.
313. Under serial no. 341/60, the list identifies cremation of Balwinder Singh
alias Bajjar, s/o Jagir Singh, r/o Shalipur, PS Beas, carried out by Harbans
Singh of C Division police station on 1 October 1992 under FIR no. 226/92. The
list does not show a post-mortem report number. The cause of death is given as
police encounter.
The CCDP has gathered the following information about this case from its
incident report form no. CCDP/01633.The main informant is the victims uncle
Arjan Singh.
Twenty-three-year-old Balwinder Singh, son of Jagir Singh and Surjit Kaur, was
a tailor, and was from village Shahpur, post office Butala, under Beas police station,
in Baba Bakala sub-division of Amritsar district. He was unmarried. Balwinder had
five brothers and three sisters.
In 1988, while Balwinder was running a tailor shop at a nearby village, Butala, the
Beas police began to raid his house, suspecting him of having links with militants.
Balwinder Singh left home from fear of the police and refused the attempts of his
family to produce him before the police. Balwinder joined the militancy, becoming
one of its known members. From the time he deserted home until his murder, the
police subjected his family to brutal torture and illegal detentions.
On 30 September 1992, at about 7 p.m. Amritsar police raided Balwinder Singhs
rented house near Karori Chowk in Amritsar city. His land-lady, an aged woman,
came to his parents house and informed them that on that day Balwinder had a fever
and was lying down when the police raided the house and arrested him. The police
did not let anyone else approach the scene of the incident, keeping a police watch
there until the next day. On 1 October 1992, newspapers reported the polices story
that Balwinder had committed suicide by consuming cyanide. This contradicts the
cause of death given by the CBI in its list.
The police did not inform the family about his cremation. A few days later, the
family collected his ashes from Durgiana Mandir cremation ground. That same day,
the police raided their house, but did not arrest any one.
The police harassment and illegal detention of Balwinders family continued until
1995. After the murder of Balwinder Singh, the police arrested his brother Dalbir
Singh, an employee of the Punjab State Electricity Board. They arrested and interro-
gated him twice. The family members produced Dalbir Singh before senior police
officers in the presence of IG (crime) Gurcharan Singh Bhullar. The political leaders
of the area demanded that the police stop harassing the family. The police gave
assurances that they would not harass Balwinders family anymore, and the DSP of
Baba Bakala, Darshan Singh Mann, gave the family a note in writing stating that
anyone who wanted Dalbir Singh should personally contact the DSP. For about two
months, the family lived peacefully.
On 12 December 1992, the Sri Hargobindpur police raided the family house and
arrested Balwinders father Jagir Singh. They released him on 16 January 1992 after
interrogating him about his son Dalbir Singh.
While Jagir Singh was in custody, the Sri Hargobindpur police also arrested
Sardara Singh, son of Deva Singh, 30-year-old. He had been arrested before due to
his familial relation with Balwinder Singh; Sardara Singh was Jagir Singhs brother-
in-law. While he was in custody, the police brought Sardara Singh to his house in a
critical condition. The family says that one of his legs had been fractured. After
detaining him illegally for several days, the police showed him to have been killed in
an encounter near village Lohgharh.
One morning around 10 January 1993, a police party from Sri Hargobindpur, led
by SHO Mehnga Singh, raided village Shahpur. They arrested Dalbir Singh who was
preparing to leave for work. Since Jagir Singh was still in police custody, no one
could pursue the release of Dalbir Singh. Around 14 January 1993, a newspaper
reported that the police killed a militant Dalbir Singh alias Sahibi in an encounter near
village Bolewal under Ghuman police station. Another youth from village Dhardeo
was also killed in that encounter.
In January 1993, the Beas police took Bachan Singh, brother of Jagir Singh, into
custody, subjecting him to brutal torture. They released him after two months.
Bachan Singh was bed-ridden for three to four years from the police torture, and
eventually succumbed to his injuries in 1997.
314. Under serial no. 350/62, the list identifies the cremation of Randhir Singh
alias Dhir Singh, s/o Chanan Singh, r/o Parrewal, PS Ramdas, carried out by SHO
Baldev Singh of Raja Sansi police station on 11 November 1992 under FIR no. 72/
92. The post-mortem report is marked ND/FM/654/92 and the cause of death is
given to be police encounter.
The CCDP has got the following information from its incident report form no.
CCDP/01619. The main informant is Randhirs mother Tej Kaur.
Randhir Singh, son of Channan Singh and Tej Kaur, had retired from the army
in 1980 and then started living as a farmer at village Pairewal, post office and
police station Ramdas, in Ajnala sub-division of Amritsar district. He was married to
Kashmir Kaur.
One year after his discharge from the army , Randhir got involved in a domestic
quarrel with his cousin Ranjit Singh and murdered him. Randhir was tried and sen-
tenced to life imprisonment, but came out on parole after three years. During his
parole, Randhir developed contacts with members of the underground militant move-
ment and never went back to jail. The police started harassing the family members,
but they had no clue about his whereabouts.
In October 1992, the Amritsar police arrested Kashmir Kaur, Randhirs wife, and
tortured her for information about her husbands current whereabouts. She was forced
to reveal that he had purchased some land in Ropar district of Punjab and was living
there. The police forced Kashmir Kaur to accompany a joint team of the Amritsar and
Raja Sansi police to Ropar where they arrested Randhir Singh and one of his associ-
ates and brought them to B Division police station in Amritsar. Randhir Singh was
produced before a court at Ajnala and charged with offences under sections 379 (theft)
and 411 (receiving stolen property) of the IPC, also under the Arms Act and the TADA
in FIR no. 70/92. The court granted further police remand for police investigations.
That same night, Randhir was shown to have been killed in an encounter. Ac-
cording to the official story, the Raja Sansi police were taking him for the recovery of
weapons when a group of militants attacked the police convoy near village Dalam.
Randhir managed to break the belt of constable Jagdish Singh to which his hand-
cuffs had been hooked. He escaped. However, his body was later recovered from the
site of the encounter.
The police did not inform the family about Randhirs killing and carried out the
cremation themselves.
315. Under serial no. 362/66, the list shows the cremation of Balwinder Singh alias
Baba Waryam Singh, s/o Sukhdev Singh, r/o Sarhalli carried out by SHO Harbhajan
Singh of Chhearta police station on 27 November 1992 under the FIR no. 207/92.
The list does not refer to a post-mortem report number. The cause of death is given
to be police encounter.
incident report form no. CCDP/01025. The main informants are the victims mother
Sukhwant Kaur, his younger brother Jaswinder Singh and father Sukhdev Singh.
Son of Sukhdev Singh and Sukhwant Kaur, 23-year-old Baljinder Singh was
studying for a diploma in electronics at the Polytechnic College in Amritsar and used
to live in a students hostel in the city. His parents lived in Ghannupur village, close
to a gurdwara, under Chheharta police station a little outside the city of Amritsar.
Sukhdev Singh was a teacher and Baljinder was an active member of the Sikh Stu-
dents Federation. Baljinder was unmarried and used to visit his parents in the village
every weekend.
In early 1988, the police began to raid his house with the view to arrest him for an
interrogation. Later that year, Baljinder was arrested outside of his village when he
was going to visit his parents for the weekend. The abuction was carried out by
officials belonging to Tarn Tarans CIA staff. Baljinder was detained illegally for two
weeks and tortured under interrogation. But the police released him without press-
ing any criminal charges. Baljinder was arrested again in June 1990 at Patti bus stand
when he was going to visit a relative in the city. The abduction was witnessed by a
milk vendor from Ghannupur village who informed his family members about it.
Several members of the village council accompanied his father Sukhdev Singh to
Patti police station where SHO Major Singh admitted having Baljinder in his custody
and demanded Rs. 20,000 to release him. Sukhdev Singh paid the money and got
Baljinder Singh released. Baljinder was fed up by repeated police abductions and
decided to leave home and go underground.
The police continued to raid his house and, finding him absent, would often
arrest his family members, particularly his father Sukhdev Singh and his brother
Jaswinder Singh.
One day in the last week of October 1992, a joint police force comprising the
Punjab police led by SHO Major Singh of Sarhalli police station and a contingent of
the CRPF raided Sukhdev Singhs house and took him and his younger son Jaswinder
into custody. They were first taken to the B.R. Model School interrogation center at
Amritsar where they were interrogated under brutal torture about Baljinders where-
abouts. Later that day, both of them were moved to Sultanwind police station and
then again to the CIA staff interrogation center at Tarn Taran. For four days, both
Sukhdev Singh and Jaswinder were ruthlessly tortured. Jaswinder described his
experience:
At the B.R. Model School, SHO Major Singh, assisted by six other policemen,
interrogated us. I was taken to a big hall. The SHO slapped me many times and
asked me to disclose where my brother was. I did not know and told him so. The
SHO said, Alright, let me help you remember where your brother is hiding,
and had me hung upside down from the ceiling with several policemen beating
me with long sticks. After some time, I was brought down and asked the same
question. As I was not able to give any answer, the policemen started pulling
my legs apart horizontally, rupturing my thigh muscles. Then they tied my
hands and legs and started administering electric shocks. All the time, my
interrogators kept repeating the same question. I just did not know where my
brother was. Otherwise, I would have disclosed it to escape my torture. After
two hours, I was taken out of the room and then my father was brought in. I was
semi-conscious, but still I could hear my father shrieking in pain. He was tor-
tured for three hours.
Later, both of us were forced into a jeep and taken to Sultanwind police station
where we were locked up in a cell for two hours. No one tortured or questioned us
there. But two hours later, we were takent to the CIA staff office in Tarn Taran
where the same process of interrogation recommenced.
Sukhdev Singh and Jaswinder were released five days later from the illegal cus-
tody after the Teachers Union in Punjab threatened to go on a strike unless they
were let off. On 31 October 1992, Sukhdev Singh and his father-in-law Sulakhan
Singh were arrested again from their house by SI Avtar Singh of Sarhalli police
station and taken away for interrogation. Both of them later disappeared.
On 26 November 1992, several newspapers in Punjab reported the killing of
Baljinder Singh in a police encounter that had supposedly taken place near village
Ghumanpur. The local people said that there had been no such encounter near their
village. The family could not find out what really happened and also did not know
anything about his cremation on 27 November 1992 until the CCDP members in-
formed them about its mention in the CBI list.
carried out by SHO Harbhajan Singh of Chhearta police station under FIR no. 323/
92 on 16 December 1992. They are of [1] Pyara Singh, s/o Shingara Singh, r/o
Sultanwind, Amritsar; and [2] Sukhdev Singh alias Sukha alias Hakim Singh, s/o
Santa Singh Mazhabi, r/o Shahjada. The post-mortem report numbers are not given.
The cause of death is mentioned as police encounter.
The CCDP has gathered the following information about Sukhdev Singh through
its incident report form no. CCDP/01256. The main informant is the victims sister-in-law.
Twenty-three-year-old Sukhdev Singh was from Shehzada village under Kathu
Nangal police station in Amritsar district. His father Santa Singh was a Mazhabi Sikh
with less than five acres of farmland. After completing his school, Sukhdev Singh
obtained a diploma in pharmacy; then he worked as an assistant to a doctor in a clinic
at Bichla Qila, Lal Singh in Batala sub-division of Gurdaspur district. He was also an
accomplished singer and used to get invited to give performances at marriage func-
tions. Sukhdev was married to Lovinder Kaur and had two children, a daughter and
a son who are now 13 and 10. According to the family members, Sukhdev did not
have a political background and had never been arrested.
On 1 December 1992, Sukhdev Singh was invited to give a performance at a
function in village Chetanpura near Amritsar where he also had some relatives.
According to family members, Sukhdev was briefly visiting a relative in village Khas
on December 2 when the Amritsar police arrested him and brought him to Majitha
police station. His wife Lovinder Kaur and her sister Harjinder Kaur met him there
two days later. The police officers at Majitha station told them that they had detained
him on suspicion and would release him in a few days after they had verified his
statements. When Lovinder Kaur went back to the police station the next days, the
officers said that he had been sent to Amritsar for interrogation and she could not
meet him again.
On 17 December 1992, newspapers published a report on an encounter, based on
a police handout, stating that a militant Pyara Singh, s/o Shingara Singh from
Sultanwind in Amritsar was being taken for recovery of weapons under escort when
a group of militants led by Sukhdev Singh alias Hakim Singh of Shehzada village
attacked the convoy with the intention of rescuing Pyara Singh. In the ensuing
encounter, both militants were killed.
The police had already carried out the cremations when the families learnt about
the killing of Sukhdev Singh and Pyara Singh.
Cremations in the Police District of Majitha
318. Under serial no. 35/1, the list identifies the cremation of Sukhdev Singh alias
Pandit, s/o Angrez Singh, r/o Chamiaree carried out by the Ajnala police on 03
October 1987. There are no FIR or post-mortem report numbers. The cause of
Sawinder Kaur.
Twenty-five-year-old Sukhdev Singh, son of Angrez Singh and Prakash Kaur,
was a resident of Chamiari, Bhasinian Di Patti, under Ajnala sub-division in Amritsar
district. He was married to Sawinder Kaur and had a son Satinder Pal Singh who is
now 17.
Sukhdev, a baptized Sikh, had been an active member of the Sikh Students
Federation since early 1982 and had participated in the
Akali Dals agitation launched in 1982 that was crushed
by the June 1984 military operation. Sukhdev was also
arrested in June 1984 and jailed at Jodhpur prison in
Rajasthan for the next 18 months. Following his release,
Sukhdev tried to busy himself with his agricultural work,
but the police continued to arrest and torture him in
illegal custody out of suspicion about his political con-
nections. Sukhdev, fed up by the harassment, left his
home and began to live at his sisters house in Tole
Nangal.
On 1 October 1987, the Ajnala police raided his
sisters house at Tole Nangal village where he was stay-
ing with his wife. Sukhdev managed to dodge the police but was later arrested the
same evening at village Bhitte Wadh. The police interrogated him for two nights and
then killed him in a fake encounter. The police carried out the cremation without
informing the family who learnt about the killing from a newspaper report from 4
October 1987.
According to Sawinder Kaur, the police arrested Sukhdevs sisters son Kuldeep
Singh, son of Lakha Singh, from his village Tole Nangal one month after eliminating
Sukhdev and killed him as well in a separate incident of encounter faked near village
Harsha Chheena.
319. Under serial no. 42/2, the list identifies the cremation of Balkar Singh alias
Kala, s/o Bakshish Singh, r/o Othion, Ajnala, carried out by the Lopoke police on
24 October 1987 under FIR no. 229/87. There is no post-mortem report number
and the cause of death is given as police encounter.
Kashmir Kaur.
Twenty-year-old Balkar Singh alias Kala, son of Bakhshish Singh and Kashmir
Kaur, lived with his two brothers and sisters at village Othian in Ajnala sub-division
of Amritsar district. His father had died when he was still young and Balkar, being the
oldest of the sons, had to give up school to look after the family farm. According to
Kashmir Kaur, some influential persons in the village who wanted to grab her family
land began to feed the police false information about Balkars political and militant
connections, intending to get him into trouble. The police started picking him up for
interrogation under torture. Balkar could not bear the torture and left home to join the
underground, leading to police abuse of other family members.
On 23 October 1987, the Lopoke police raided a farmhouse at village Kolowal
near Khuhalan where Balkar, along with two associates Major Singh and Balbir
Singh, had found temporary shelter. The police took them into custody and shot
Balkar dead in a supposed encounter a few hours later. Major Singh and Balbir Singh
were killed in a separate incident of an encounter faked one week later.
320. Under serial no. 91/3, the list identifies the cremation of Charanjit Singh
Sukhdev Singh
alias Channi, s/o Gurnam Singh, r/o Jhalian, carried out by SHO
Kashmir Singh of Jandiala police station on 8 July 1989 8 July 1989 under FIR no.
107/89. There is no post-mortem report number and the cause of death is given as
police encounter.
The CCDP has got the following information about this case through its incident
report form no. CCDP/01665. The main informant is the victims brother Jasbir Singh.
Twenty-year-old Charanjit Singh alias Channi, son of Gurnam Singh and Jagir
Kaur, was a resident of Janian village, post office Bundala, under Jandiala Guru
police station, in Amritsar district. The younger of Gurnams two sons, Charanjit was
unmarried.
After completing his matriculation examination in 1985, Charanjit came in contact
with militants. The police found out about his contacts, and took him into custody
and tortured him. They did not register a case against him, but routinely held him in
illegal detention and tortured him under interrogation. Eventually in 1986, Charanjit
left home and joined the militant underground. For the next three years, his family
members suffered much harassment and torture in illegal custody. The police wanted
them to locate Charanjit and produce him before the police. They were unable to do so.
On 7 July 1989, police arrested Charanjit and one of his associates Sukhdev
Singh, son of Mohinder Singh of Nangal Guru village under Jandiala Guru police
station in Amritsar, from a house in village Ekalgadda where they had taken tempo-
rary shelter. The police surrounded the house and opened fire, injuring both Charanjit
and Sukhdev before taking them into custody. Soon, police reinforcements from
Verowal police station and Tarn Taran arrived and took them both out into the fields
and killed them in an orchestrated encounter.
Later that evening, around 7 p.m. the Jandiala Guru police took Charanjits father
Gurnam Singh and Sukhdevs mother into custody and brought them to the police
station to identify the bodies. The police released both of them the next day and
carried out the cremation of their sons without permitting the family members to be
present there.
It is unclear why Sukhdevs cremation is not recorded in the CBIs list of identi-
fied cremations. The cremation figures in the partially identified list, Under serial no.
92/14. The list mentions that SHO Kashmir Singh carried out the cremation under FIR
no. 107/89.
321. Under serial no. 95/5, the list identifies the cremation of Randhir Singh alias
Deera, s/o Man Singh, r/o Munda Pind, carried out by SHO Rajinder Singh of
Ramdas police station on 1 August 1989. There is no FIR nor post-mortem report
number. The cause of death is given to be police encounter.
incident report form no. CCDP/01500. The main informant is Heera Singh, the victims
brother.
Randhir Singh alias Titu was the 16-year-old son of Mann Singh and Mohinder
Kaur, resident of Munda Pind, Patti Doga, under Goindwal police station, in Khadur
Sahib sub-division of Amritsar district. He was a matriculate, a member of the Sikh
Students Federation and unmarried.
In his school days, Randhir started associating with the Akali agitation for
Punjabs autonomy. Soon after Operation Blue Star in June 1984, he was arrested and
incarcerated for the next two-and-a-half-years at the high security prison of Nabha.
When he came out of jail towards the end of 1986, the police registered more cases
against him. They also illegally detained and tortured him. Fed up with this pattern
of persecution, Randhir left home to join the militancy. For the next two-and-a-
half years, the police inflicted illegal detention, torture and humiliation on
Randhirs family.
In the last week of July 1989, the Jandiala Guru police arrested Randhir from the
house of his aunt Charan Kaur, wife of Ajaib Singh, at village Mallian. The police had
raided the house very early in the morning when Randhir was saying his prayers.
According to Heera Singh, he was interrogated under torture for a few days and then
killed in a fake encounter.
The police carried out the cremation without informing the family.
.
322. Under serial no. 111/9, the list identifies the cremation of Balraj Singh alias
Teeta, s/o Sukhdev Singh, r/o Kotla Gujran carried out by the SHO of Majitha
police station on 28 August 1989 under FIR no. 94/89. The post-mortem report
number is not given. The cause of death is mentioned as police encounter.
no. CCDP/00774. The main informant is the victims father Sukhdev Singh.
Twenty-two-year-old Balraj Singh alias Tota, s/o Sukhdev Singh, was a young
farmer from the village and post office Kotla Gujjaran under Majitha police station of
Amritsar district. He was married to Narinder Kaur and had a daughter, Jagroop Kaur,
who is now 12.
According to Sukhdev Singh, Balraj was not involved with the militant move-
ment, lived a normal life and was devoted to his family. On 27 August 1989, around
midday, SHO Surinder Sood of Majitha police station and DSP Paramjit Singh Gill
came to the house with a police force and took Balraj into custody. Sukhdev tried to
tell them that his son had no links with militants, but they ignored him. The same
night the Majitha police staged an encounter, killing Balraj Singh, together with
Lal Singh alias Laadi, s/o Apar Singh from the same village Kotla Gujjaran. The
police cremated the two at Seetla Mandir cremation ground at Amritsar as unidenti-
fied bodies.
The CBIs list of unidentified cremations, Under serial nos. 110/86 and 112/87,
shows two unidentified cremations carried out by the Majitha police on 28 August
1989. Clearly, the CBI was able to identify one of the cremations to be that of Balraj
Singh. The CBIs failure to identify the second cremation as that of Lal Singh who
belonged to the same village, and according to Balrajs father, had been arrested at
the same time, is difficult to comprehend especially because Balraj and Lal Singh
were killed in the same faked encounter.
The police continued to raid Sukhdevs house after killing Balraj, eventually
confiscating all valuable goods and then burning down his house. Sukhdev esti-
mates the loss to be approximately Rs. 200,000. The police also horribly tortured him,
implicated him in a criminal case and sent him to jail. Three months later, a special
court acquitted him due to lack of evidence.
carried out by SHO Swaran Singh of Mehta police station on 7 October 1989 under
FIR no. 100/89. They are of [1] Malkiat Singh, s/o Shingara Singh, r/o Tarsika;
and [2] Amarjit Singh, s/o Kartar Singh, r/o Tarsika. The list does not give the
post-mortem numbers and mentions the cause of death as police encounter.
its incident report form nos. CCDP/01201 and 01202. The main informants are the
mothers of the victims, Sawinder Kaur and Joginder Kaur.
Twenty-three-year-old Malkeet Singh, s/o Shingara Singh, was a resident of
village and post office Tarsikka, Nehar Pul, under Mattewal police station in Baba
Bakala sub-division of Amritsar district. Employed by a transport company with a
good salary of Rs. 8000, Malkeet was married to Paramjit Kaur.
In June 1989, Malkeet came in contact with some people and got involved with
underground militant movement for a Sikh state. The police found out and started
raiding his house to arrest him. Malkeet left home and
joined the militants. The police confiscated his car, an
Ambassador with the registration plate number PNO
2928, and also took the members of his family, including
his wife, into custody to compel Malkeet to surrender.
The police kept his family members in illegal police cus-
tody for three months until they captured and killed
Malkeet in October. The police never returned Malkeets
car to the family.
On 5 October 1989, the Mehta police arrested Amarjit
Singh, s/o Kartar Singh who lived at Watalian Di Patti
of Tarsikka village, when he was returning home after
meeting Malkeet Singh. Amarjit was 20 and a tailor by
profession. He was unmarried. Amarjit was tortured and
compelled to reveal the place of Malkeets hiding. On the basis of this information,
the police raided the house of Harbhhajan Singh at Mehsampur village on 6 October
1989 morning and arrested Malkeet Singh who was sleeping there. The same night,
Malkeet and Amarjit were shown killed in an alleged encounter near village Kot
Khera. The next morning, SSP Anil Sharma told the press that both Malkeet Singh
and Amarjit Singh belonged to the Babbar Khalsa and were involved in many terror-
ist crimes. The police also took the headmen of the village councils of Tarsikka and
Kot Khera, Malkeets wife Kulwinder Kaur and Amarjits mother to the site of the
alleged encounter and showed them the bodies. The families were allowed to attend
the cremations at Seetla Mandir in Amritsar.
Kulwinder Kaur, Malkeets widow, was very heart-broken and 40 days later she
consumed poison and fed the same poison to her three-and-a-half-year-old daugh-
ter. Both of them died.
325 326: Under serial nos. 124/13 and 125/14, the list identifies two
cremations carried out on 26 October 1989 by SHO Majitha. They are of
[1] Sukhdev Singh alias Sukha, s/o Pyara Singh, r/o Tarsika; and [2] Gurjit
Singh alias Baba Banta, s/o Kundan Singh, r/o Lashkari Nangal. The list does
Malkeet Singh
not mention the FIR and the post-mortem report numbers. The cause of death is
The committee has gathered the following information in these two cases through
widows of the victims, Gurjeet Kaur and Kuldeep Kaur.
Twenty-three-year-old Sukhdev Singh alias Sukha, s/o Pyara Singh, was a resi-
dent of village and post office Tarsikka, near Bhagatan Da Dera, under Mattewal
police station in Baba Bakala sub-division of Amritsar district. Apart from cultivat-
ing his share of the family land, Sukhdev also owned a grocery shop in his village.
Married to Gurjeet Kaur, he was the father of two sons, Jasraj Singh, now 15 and Baaj
Singh, 13.
Sukhdev was a baptized Sikh and devotedly religious. The Indian army assault
on the Golden Temple in June 1984 and the subsequent police excesses against the
Sikh community in India initiated his interest in the militant movement for an inde-
pendent Sikh state. Mehta plice arrested Sukhdev for the first time in 1987 under the
Arms Act. After six months of jail in Amritsar, Sukhdev Singh returned home on bail.
But the police continued to raid his house, picking him up for interrogation under
torture and compelling him to report daily to Mehta police station. The police also
expected him to pay money not to be harassed. Sukhdev could not take these daily
humiliations and left his home to join the militant underground.
The police continued to harass and torture his family members, who also left
home to live with relatives. In their absence, the police confiscated all their house-
hold items and also demolished the house.
On 7 October 1989, Mehta police led by ASIs Malahar Singh and Sharma, raided
the houses of two cousins of Sukhdevs wife, Kulwinder Singh and Joga Singh, who
lived in Gharauan village in Bisma district of Uttar Pradesh. The raid followed the
interrogation of Amarjit Singh and Malkeet Singh of Tarsikka village who the police
then killed in a fake encounter on 6 October 1989 night. Sukhdev Singh was arrested
from Gharauan village and brought to Mehta police station for interrogation. On 23
October 1989, Sukhdevs mother Balwant Kaur managed to meet him at Mehta police
station after beseeching SHO Swaran Singh. Sukhdev was in a critical condition and
could not even stand on his feet. The police had obviously tortured him brutally.
On 25 October 1989, Sukhdev was killed near Jagdev Kalan in an encounter
staged to show that his militant colleagues tried to rescue him and two others when
the police were taking them to recover weapons. Sukhdev Singh and two of his fellow
prisoners allegedly died in the cross firing. Sukhdevs family members learnt about his
killing after reading newspaper reports that also carried the pictures of the bodies.
Gurjeet Singh, s/o Kundan Singh from Lashkari Nangal within post office Guru
Ka Bagh under Jhander police station in Ajnala sub-division of Amritsar district,
was one of the persons killed along with Sukhdev Singh in the same encounter. He
was a 35-year-old farmer married to Kuldeep Kaur and had two children.
Gurjeet had participated in the agitation launched by the Akali Dal in 1982 de-
manding a radical devolution of political power from the center to the states. The
police arrested him after the June 1984 army s assault on the Golden Temple of
Amritsar and tortured him in illegal custody. The police continued to harass him,
picking him up regularly for interrogation and keeping him in illegal custody for
prolonged periods under torture. In 1987, Gurjeet Singh decided to join the ranks of
underground militants who wanted to establish a sovereign Sikh state.
The police harassment of the family members continued, and they were eventu-
ally forced to leave their village and take shelter with relatives elsewhere. They could
not cultivate their land for the next several years.
On 15 October 1989, the police arrested Gurjeet near a checkpost set up on the
canal bridge at Kathu Nagal while he was going across on a bicycle. Initially, he was
detained at Kathu Nangal police station and then transferred for further interroga-
tion to Majitha police station where several persons from his village in illegal cus-
tody saw him. At Majitha police station, Gurjeet was reportedly tortured and then
sent to Mall Mandi interrogation center at Amritsar.
On 25 October 1989, Gurjeet was shown killed along with Sukhdev Singh of
Tarsikka village and another unidentified person in an encounter that was staged
near village Lashkari Nangal. The family learn about his killing after reading newspa-
per reports the next day that also carried the picture of his body.
According to Kuldeep Kaur, Gurjeets widow who now lives with her parents at
village and post office Sehnsra Kalan, Bhag Patti near Gharat in Ajnala sub-
division of Amritsar district, Sakatter Singh Sakhira was the name of the third
person killed in the same encounter. However, the CBIs lists of cremations do not
show a third cremation on 26 October 1989 and we do not know what happened to
the third body.
327. Under serial no. 130/15, the list identifies the cremation on 6 November 1989
of Surinder Singh alias Chinda alias Jagoo, s/o Mohinder Singh, r/o Mehandipur,
PS Khemkaran, carried out by head constable Narinder Singh of Ajnala police
station. There is no FIR or post-mortem report number. The cause of death is given
its incident report form no. CCDP/01561. The victims mother Parkash Kaur is the
main informant.
Eighteen-year-old Surinder Singh, son of Mohinder Singh and Parkash Kaur,
from village Mehndipur, under Khemkaran police station, in Patti sub-division of
Amritsar district was a class VIII student.
In the wake of the army operation against the Golden Temple in June 1984,
Surinder Singh and his younger brother Gurbaz Singh came under the influence of
the Sikh militant upsurge in Punjab. The police started tormenting their family mem-
bers and tortured them frequently in illegal police custody. The police so brutally
tortured their father Mohinder Singh that he became bed ridden and eventually
succumbed to his injuries. The family had to sell off much of its 11 acres of valuable
agricultural land to cope with the situation. Eventually, the police killed both Surinder
Singh and Gurbaz Singh.
On 5 November 1989, Surinder Singh was shown to have been killed in an en-
counter near village Kotli Sakkian Wali with the Ajnala police along with Kulwant
Singh of Jagdev Kalan village. A few days after the killings, Parkash Kaur went to the
village where the encounter had allegedly occurred to make her own inquiries and
found out that, under police pressure, the inmates of a house where they used to
take shelter had given the two poisoned milk and, when they collapsed uncon-
scious, the police dragged them away and killed them in an orchestrated encounter.
The CBIs list identifies only the cremation of Surinder Singh and it is not clear
what happened to Kulwants body.
Some time after Surinders killing, the CRPF raided the family house and took his
younger brother Gurbaz Singh into custody. Gurbaz has since disappeared.
According to Parkash Kaur, the police also captured and killed three brothers of
her husband Mohinder Singh. They are Sukhwant Singh, Balwant Singh and Kulwant
Singh, all sons of Desa Singh.
328. Under serial no. 142/16, the CBIs list identifies the cremation of Dalwinder
Singh, s/o Achin Singh, r/o Khiala carried out by the SHO of Lopoke police station
on 28 February 1990 under FIR no. 27.2.1990. The list does not show a post-
mortem report number and the cause of death is given as police encounter.
tion about this case through its incident report form
no. CCDP/00329. The main informant is the victims
father.
Twenty-year-old Dalwinder Singh, s/o Achhar
Singh, was a resident of Khiala Khurd, post office Khiala
Kalan under Lopoke police station in Ajnala sub-divi-
sion of Amritsar district. His father was a poor farmer
and was unable to send him and his brother Gulzar to
school. In December 1987, Dalwinder found a job as a
truck driver for a transport company in Gwalior city of
Madhya Pradesh.
In April 1988, the police killed his brother Gulzar
after capturing him in a staged encounter. Dalwinder returned to his village to be with
his parents and console them. However, the police also arrested him when he went to
Amritsar to visit the Golden Temple. They tortured him at Mall Mandi interrogation
center. A person from Khiala Khurd village who had gone to Mall Mandi police
station to pursue the case of his son, also under illegal detention there, came to know
about Dalwinders case and informed his family about his being under interrogation
there. Acchar Singh contacted a relative who was a former police officer, Veer Singh
from Roori Wala village near Chauhara Sahib, to help him. Veer Singh met DSP
Gurmel Singh Bai at Mall Mandi interrogation center and managed to rescue Dalwinder
who the police had implicated in a case under TADA and sent to Amritsar jail.
Dalwinder was allowed bail after six months, and he came out of Amritsar jail at the
end of 1988.
The police began to raid his house again and, scared of further torture, Dalwinder
Singh left his house.
On 27 February 1990, Dalwinder came to visit his village, but decided to sleep in
the house of Gurmej Singh, s/o Soorta Singh. The police found out and, led by SHO
Dharam Singh of Lopoke police station, raided the house. Dalwinder was inside
talking to Gurmejs family members when the police came into the room and shot him
dead. The cremation was carried out by the police, and the family learnt about it after
Dalwinder Singh
his body had been burnt. The police arrested Gurmej Singh of Khiala Khurd in a
criminal case and sent him to jail.
28 January 1991 that were carried out by SHO Swaran Singh of Kathunangal police
station under FIR no. 20/91. They are of: [1] Babli, s/o Swaran, r/o Maqboolpura; and
[2] Sucha Singh, s/o Mohinder Singh, r/o Dadewali. The post-mortem reports are not
mentioned and the cause of death is given to be police encounter.
form nos. CCDP/01668 and 01669. The main informants are the mothers of the two
victims.
The correct name of the person identified by the CBIs list as Babli was Balwinder
Singh alias Baghiar. Eighteen-year-old Balwinder, a Mazhabi Sikh, was the son of
Swaran Singh and Maio, resident of Chachowali village, post office Jaintipur, under
Kathu Nangal police station, in Amritsar district. One of four brothers, Balwinders
father Swaran Singh, a resident of Maqboolpura, was apparently an alcoholic and
did nothing to support the family. His mother Maio, along with her four sons and
daughter, returned to her parents village Chachowali where she and her sons worked
as agricultural workers during peak seasons.
Balwinder was unmarried and in 1990, according to his mother, developed links
with members of the militant underground. The police started raiding his house and
Balwinder dodged the police.
Seventeen-year-old Sucha Singh, son of Mohinder Singh and Kuldeep Kaur,
also from Chachowali village, wrongly identified by the CBIs list as Dadewali, under
post office Jaintipur under Kathu Nangal police station in Amritsar district, was also
a Mazhabi Sikh. Like Balwinder, he earned his livelihood as a farm worker. According
to his mother, Sucha Singh had never been arrested and had no links with the militant
movement.
Early on 25 January 1991, Balwinder, who had been absconding from home for
some months, was visiting the Gurdwara Baba Nigah, and Sucha Singh, who had
known him as a Mazhabi Sikh of the village, had gone to see him there. The police
found out about Balwinders presence and together with a contingent of the army
launched an operation to nab him. Both Balwinder and Sucha Singh were killed just
outside the gurdwara as they tried to escape the cordon around the temple complex.
As the incident happened in the village itself, the family members of both Balwinder
and Sucha Singh found out about it very soon and reached the gurdwara. The
bodies had already been removed to Kathu Nangal police station. The police carried
out the cremations and did not allow the family members to attend.
331. Under serial no. 227/23, the list identifies the cremations on 18 February
1991 of Amarjit Singh, s/o Mohinder Singh, r/o Sathiala carried out by SHO Rajan
Singh of Beas police station. There is no FIR number. The post-mortem report is
marked as 177/18.2.1991. The cause of death is given as police encounter.
form no. CCDP/01225. The main informant is the victims widow Paramjit Kaur.
Twenty-seven-year-old Amarjit Singh, s/o Mohinder Singh from Gopi Di Patti in
village Sathiala under Beas police station in Baba Bakala sub-division of Amritsar
district, was a soldier in the 286 Medium Regiment of the army . He was married to
Paramjit Kaur and had three daughters. The eldest of them is now 15.
In February 1991, Amarjit came home on leave. Around 5 p.m. on 17 February
1991, Amarjit was walking home from the village bus stand when he was stopped in
front of the village gurdwara chat with Malkeet Singh of his village. Just then, a truck
carrying a group of CRPF personnel came to halt in front of the gurdwara. Before
Amarjit could realize it, the CRPF men pointed their guns at him and Malkeet Singh
and made them put their hands up. Amarjit started telling the CRPF men that he was
an army soldier and had come to his village on a short leave. He also took out his
identity card, but the CRPF men did not flinch and shot both of them dead, picked up
their bodies and left. The next day, newspapers published a report about the killing
of two militants in an encounter near Gakhar Baba, on the outskirts of village Sathiala.
Amarjits body was not returned to his family members; nor could they attend the
cremation. They, however, immediately informed Amarjits regiment about his mur-
der. Senior army officers came to the village and, after investigating the case, court
martialed sub-inspector Sardool Singh and havaldar Dharam Pal on charges of mur-
der. They were sentenced to death by hanging. According to the family members,
the sentence was carried out on 17 February 1993 evening at the army jail
in Secunderabad. The family of Amarjit Singh received the full service benefits from
the army .
According to the CBIs partially identified list of cremations, Under serial no. 228/
26, Jandiala police carried out the cremation of Malkeet Singh, s/o Dharam Singh, on
18 February 1991. Malkeet Singhs story is summarized in the appropriate section.
332 333. Under serial nos. 233/24 and 234/25, the list identifies two cremations
carried out by the SHO of Mehta police station on 4 March 1991 under the FIR that
is unusually numbered as 4.3.91. They are of [1] Raghubir Singh alias Beera, s/o
Pratap Singh, r/o Ranmeeko, and [2] Nirmal Singh alias Bittu, s/o Mohinder Singh,
r/o Ranmeeko. There is no reference to the post-mortem reports. The cause of
its incident report form nos. CCDP/01701 and 01700. The main informants are Raghbirs
father Pratap Singh and Nirmal Singhs brother Swaran Singh.
Twenty-three-year-old Raghbir Singh alias Beera, son of Pratap Singh, was a
resident of village Ranseeke Talla, post office Fattupur, under Dera Baba Nanak
police station in district Gurdaspur. A baptized Ramgharia Sikh, Raghbir had com-
pleted his matriculation to become a mason. Apparently, he had no background
of political involvement and had never been arrested by the police. Raghbir was
unmarried.
Twenty-four-year-old Nirmal Singh alias Bitta, son of Mohinder Singh and Kans
Kaur, was, like Raghbir, a resident of Ranseeke Talla village of Gurdaspur district, a
baptized Ramgharia Sikh and also a mason. Nirmal was married to Rajwant Kaur.
According to his brother, Nirmal also had no political or militant background and had
never been arrested.
In the third week of February 1991, a group of officers from the Mall Mandi
interrogation center at Amritsar, led by sub-inspector Kripal Singh, came to Ranseeke
Talla village and arrested Nirmal Singh from his residence. They arrested Raghbir
Singh from the main street of the village when a Sikh prisoner in the custody of these
officials pointed him out. Nirmals brother Swaran Singh identifies this prisoner as
Jassa Singh of Athwal village. Many residents of the village witnessed these arrests.
These witnesses also recognized sub-inspector Kripal Singh because he was earlier
posted at Dera Baba Nanak police station.
The next day, the family members of both Raghbir and Nirmal, along with several
members of the village council, went to Mall Mandi interrogation center at Amritsar
and met sub-inspector Kripal Singh. The sub-inspector said that both of them were
under interrogation and they would release them after some days. On 28 February
1991, the two families dispatched registered petitions addressed to the Prime Minis-
ter and the President of India, the governor of Punjab, the Chief Justice of the
Supreme Court and of the High Court of Punjab and Haryana, Punjabs DGP and the
chairman of the Punjab Human Rights Commission. The petitions narrated the cir-
cumstances of Raghbir and Nirmals arrest and beseeched them to intervene to
rescue them from illegal custody. Raghbirs father Pratap Singh received an
acknowledgement from the office of Punjabs governor, marked 91/818/C46, stating
that they had forwarded the complaint to the finance commissioner (home) for fur-
ther action.
The family members of the two boys continued to meet inspector Kripal Singh
and other senior officials, including the SSP of Majitha police district, to beseech
them to either release the boys from illegal custody or bring them before a court. The
SSP and also sub-inspector Kripal Singh continued to promise to release them after
interrogation.
On 4 March 1991, several Punjabi newspapers published a report about the
killing of Raghbir and Nirmal in a police encounter that supposedly occurred when a
group of militants attacked the police taking them for the recovery of their hidden
weapons. The report claimed that one of the attacking militants was also killed in the
encounter.
The police carried out the cremations without informing the families.
the Mehta police, on 4 March 1991, carried out the third cremation of an unidentified
person who had supposedly been killed in the same encounter. The post-mortem
report is marked as GM/FM/277/91.
334. Under serial no. 239/26, the list identifies the cremation on 16 March 1991
of Satnam Singh, s/o Ajit Singh, r/o Bogupur, police station Patti, carried out
by SHO Rajinder Singh of Beas police station under FIR no. 60/91. The post-
mortem report is marked as 276/16.3.1991, and the cause of death is given as
police encounter.
its incident report form no. CCDP/01661. The main informant is the victims uncle
Jagtar Singh Chatha.
Twenty-five-year-old Satnam Singh, from Bhagupur village in Patti sub-division
of Amritsar district, was the youngest of Ajit Singhs three sons. He was unmarried
and helped his father with the agricultural work.
Ajit Singh decided to shift his family to Uttar Pradesh after his elder son Daya
Singh got involved in a personal feud with a fellow villager, and ended up murdering
him in a fit of anger. As fate would have it, Ajit Singh himself was murdered some-
where in Uttar Pradesh. Daya Singh completed his term of sentence and then re-
turned to Punjab to join the militant ranks. Daya Singh was killed in a reported
encounter that took place in the middle of 1990. It has not been possible for us to
obtain more specific information about these events from Satnams uncle, the only
member of the family who continues to live in the village.
After his brothers death, Satnam also decided to join the militants ranks.
The Majitha police arrested Satnam in early March 1991 and interrogated him
under severe torture at the Mall Mandi interrogation center. On 17 March 1991,
several newspapers published a report about the killing of Satnam Singh Bhagupur
and Satnam Singh Sugga, two militants, when their companions supposedly tried to
rescue them from police custody . The newspapers quoted SSP Paramjit Singh Gill of
Majitha police district as the source for the story.
The family members could not attend the cremations carried out by the police.
335. Under serial no. 249/27, the list identifies the cremation on 24 April 1991 of
Harbhajan Singh, s/o Sohan Singh, r/o Verka carried out by the SHO of Majitha
police station under FIR no. 43/91. There is no post-mortem report number and the
Salwinder Kaur.
Thirty-five-year-old Harbhajan Singh, s/o Sohan Singh, was a resident of House
No. 16/1441 in village and post office Verka, behind Gurdwara Nanaksar, in Amritsar
district. He was a carpenter by profession and was married to Salwinder Kaur with
three sons. The eldest son Shamsher Singh is now 25.
The only son of a Jat Sikh family originally from Mehma Chack village in Gurdaspur
district without any agricultural land, Harbhajan had moved to Verka town along
with his parents nearly 20 years ago to set up a carpentry shop there. As a baptized
Sikh, he was intensely religious and was involved in the management of the historic
gurdwara of Nanaksar in Verka. He had also founded an organization called Nawjawan
Sewak Jatha, (Youth Voluntary Force) that was involved primarily in mobilizing
voluntary work for the construction and repair of Sikh religious places. According to
his family members, Harbhajan had no other political or militant associations.
In the beginning of the year 1991, a policeman was killed in Verka. According to
the family members, Harbhajan had no hand in the episode, but his village rivals
instigated the police to name him as a suspect. When the police came to raid the
house, Harbhajan slipped away, fearing custodial torture and implication in a crimi-
nal case. The police started harassing his family, raiding the house frequently,
detaining close relatives at the police station for interrogation and torturing them
in custody.
On 22 April 1991, Harbhajan was visiting the house of one Dara Singh in village
Makhanwindi. The Majitha police surrounded Dara Singhs house and arrested
Harbhajan Singh; they started beating him in the village Makhanwindi itself. Ac-
cording to the eye-witnesses, the police beat him so severely that Harbhajan lost
consciousness and the policemen had to physically lift him into their vehicle.
On 23 April 1991 night, the police staged an encounter near village Hamza and
declared Harbhajan Singh killed. The police carried out the cremation at Durgiana
Mandir cremation ground in Amritsar. Local newspapers published a report about
the encounter on 25 April 1991.
The police continued to harass the family by raiding their house and questioning
family members everytime a terrorist incident occurred in the area.
336. Under serial no. 253/30, the list identifies the cremation on 27 May 1991 of
Kartar Singh, s/o Buta Singh, r/o Adaliwal under Majitha police station, carried
out by the SHO Gernail Singh of Ramdas police station. There are no FIR and post-
mortem report numbers. The cause of death is mentioned as police encounter.
Balwant Singh.
Forty-year-old Kartar Singh, s/o Boota Singth, was a resident of village and post
office Adaliwal, Mazhabian Di Thathi, under Raja Sansi police station in Ajnala sub-
division of Amritsar district. Kartar Singh had retired from the army after serving for
15 years. He was married to Lakhwinder Kaur and had eight children; five daughters
and three sons. There were many mouths to feed and, as a Mazhabi Sikh, Kartar had
no agricultural land to cultivate. Kartar began to drive a three-wheeler taxi in the city
of Amritsar to earn his livelihood.
In 1990, Amritsar police arrested Kartar on the suspicion of having links with
militant organizations. They charged him under the Arms Act and TADA and lodged
him in Amritsars high security jail for nine months. After his release on bail, when
the police continued to harass him, Kartar decided to shift his residence to Amritsar
city and began to live there in a small rented place.
Around 7 p.m. on 25 May 1991, SHO Mohinder Singh of Ajnala police came with
a force to raid Kartar Singhs house at village Adaliwal. Kartar was in Amritsar, but
his brother Balwant was home. The police immediately started beating him, assum-
ing he was Kartar Singh. When Balwant disclosed his identity, the SHO forced him to
come along with him to Amritsar and to guide him to the place where Kartar lived.
The police reached Kartars place to find him resting. They immediately grabbed him
and started tying his hands behind his back. When Kartar Singhs wife Lakhwinder
Kaur protested, SHO Mohinder Singh slapped her across her face and she fell down
unconscious.
The police took both Kartar and his brother Balwant to the Mall Mandi interroga-
tion center in Amritsar and started torturing Kartar immediately. He was tortured in
front of his brother and also given electric shocks. After screaming in agony for
some time, Kartar lost consciousness. The SHO then asked Balwant to leave the
interrogation center and had him dropped in a police vehicle at Raja Sansi bus stand.
From there he returned home.
The next morning, Balwant went back to Mall Mandi interrogation center
planning to plead with the SHO to either release Kartar from illegal custody or charge
him formally and present him before a court. But he was not allowed to enter the
interrogation center and the SHO refused to meet him.
On 28 May 1991, the newspapers published a report about the killing of a militant
named Kartar Singh, along with an unidentified accomplice, in an encounter near
Ramdas. After reading the news report, Balwant along with Kartars widow and
children went to Seetla Mandir cremation ground in Amritsar where the attendants
told him that the police had brought two bodies and cremated them together on a
single pyre.
The CBIs list of unidentified cremations does not show any other cremation
carried out by either Ramdas or Ajnala police.
carried out by SHO Rajinder Singh of Kathunangal police station on 17 June 1991.
The FIR no. is mentioned as 16. 6. 91. The cremations are of: [1] Gurmail Singh
alias Gullu alias Pappu alias Udhassap, s/o Niranjan Singh, r/o Cheema; and [2]
Prem Singh alias Prema, s/o Mohinder Singh, r/o Cheema. The post-mortem re-
port numbers are not given. The cause of death is mentioned as police encounter.
The committee has acquired the following information about these two cases
through its incident report form nos. CCDP/01204 and 01205. The main informants
are Mohinder Singh, Gurmels father, and Balbir Kaur, Prem Singhs mother.
Twenty-year-old Prem Singh was the only surviving son of Mohinder Singh and
Prakash Kaur who lived at Cheema Patti in village Cheema Baath under Beas police
station of Baba Bakala sub-division in Amritsar district. Mohinder Singhs father
had actively participated in Indias struggle for freedom from the British rule and had
spent three years in prison for his participation in the gurdwara reform movement.
Later, he served as an elected member of the SGPC consecutively for three terms.
After completing his school, Prem Singh began to help his father in his agricul-
tural work and also became a member of the local marketing committee. According to
Mohinder Singh, Prem had no other political or militant connections. He married
Paramjit Kaur with whom he had a son, Zoravar Singh, now 11.
In the beginning of 1991, the Amritsar police had picked him up on suspicion and
interrogated him under torture at Mall Mandi interrogation center. But he was re-
leased after some days when his village council, as a group, intervened to vouch for
his innocence. On 2 June 1991, Paramjit Kaur gave birth to their son and he went to
Pheruman and Taung villages to invite his relatives. On the way, at Raiyya, he met
Gurmel Singh, s/o Niranjan Singh from his village, and both of them then borrowed a
motor cycle and went to Pheruman.
Twenty-two-year-old Gurmel Singh, alias Gela, s/o Niranjan Singh and Balbir
Kaur, was from the same village and was known to Mohinder Singh. His father
Niranjan Singh had died, and Gurmel along with his two brothers, Gurnam Singh and
Sarabjit Singh, were engaged in agricultural farming. Gurmel was unmarried.
In February 1991, the police began to raid his house with the view to arrest
Gurmel who they suspected of maintaining links with militants. Gurmel deserted
home, and the police began to harass his brothers.
It is not clear whether Gurmel and Prem were friends or whether Prem Singh had
to take him along with him to Pheruman village by force.
In Pheruman village, SHO Kahlon of Beas police station arrested both of them.
At that time, his father Mohinder Singh was also in Pheruman village where he had
gone separately to invite some of his relatives to the function organized to celebrate
his grandsons birth.
Immediately, Mohinder Singh organized a trolley full of people from the village
and reached Beas police station whose SHO admitted to having arresting Prem
Singh and even allowed them to meet him. The SHO promised to release him the next
morning after some interrogation. The next morning when Mohinder Singh, along
with his village council, reached Beas police station, he was told that on instructions
from his superior officers, he had transferred Prem Singh and Gurmel Singh to Mall
Mandi Interrogation center at Amritsar. Mohinder Singh and his companions then
went on to the Mall Mandi interrogation center, but were not allowed to enter the
building. Mohinder Singh tried to contact some influential politician in Amritsar for
help in reaching senior police officials, but failed to do so. The next morning, as he
was getting ready to go back to Amritsar again, Gurinderpal Singh of his village came
to his house with a message from DSP Darshan Singh Mann that both Prem Singh
and Gurmel Singh had been cremated at Amritsar and he was free to collect their
ashes. Gurinderpal Singh also showed him a newspaper report that said that two
militants, Prem Singh and Gurmel Singh, were killed when their accomplices attacked
a police convoy that was taking them for the recovery of arms near a canal at village
Boparai.
Mohinder Singh then went to Durgiana Mandir cremation ground and collected
his sons ashes.
339. Under serial no. 266/34, the list identifies the cremation of Sukhdev
Singh alias Sukha, s/o Amrik Singh, r/o Bhaholia, PS Ajnala, carried out by
SHO Gernail Singh of Ajnala police station on 3 July 1991 under FIR no. 137/91.
The post-mortem report number is not given. The cause of death is said to be
police encounter.
its incident report form no. CCDP/01258. The main informant is the victims cousin
Jaspal Singh.
Twenty-seven-year-old Sukhdev Singh, s/o Amrik Singh, was a resident of vil-
lage Bohalian within post office Jastarwal in Ajnala sub-division of Amritsar district.
He was a farmer, married with one daughter. His widow has since remarried, and his
daugher is being raised by one of his sisters.
Sukhdevs parents had died when he was very young. He grew up with his elder
brother and two sisters in an intensely religious atmosphere and became an Amritdhari
Sikh at a very young age. In 1988, he was arrested on the basis of suspicion because
of his religiosity and jailed for one year under TADA. The police harassment, in the
form of frequent abductions and interrogation under torture, continued even after he
came out of jail on bail.
According to Ajit Singh Gill, Sukhdevs cousin and our main informant in the
case, Sukhdev was sleeping in the tube-well room of his farm on 2 July 1991 when the
SHO of Ajnala police station arrested him following a raid. The SHO took Sukhdev
away for interrogation and then brought him back to his farm for a search. Later that
night, the police killed him in an encounter staged in the outskirts of Teri Kalan
village, near Guru Ka Bagh.
The family learnt about Sukhdevs death from the newspaper reports, and could
not attend the cremation. His brother Harbhajan Singh has since shifted residence to
village Jhanjoti in Amritsar district.
340 342: Under serial nos. 272/37, 273/38 and 274/39, the list identifies three
cremations carried out by the SHO of Mehta police station on 15 July 1991 under
FIR no. 105/91. They are of: [1] Narinder Singh alias Ninder, s/o Rattan Singh, r/
o Bagh, PS Shri Govindpur; [2] Jagdish Singh alias Baboo, s/o Pyara Singh, r/o
Ganshyampura; and [3] Baljit Singh alias Chotu, s/o Gurdit Singh, r/o Nangli
under Mehta police station. There is no reference to the post-mortem reports and
The committee has gathered the following information on these cases through
its incident report form nos. CCDP/01340 and 01342. The main informants are Jagdishs
maternal uncle Charan Singh and Baljits father Veer Singh.
Sixteen-year-old Baljit Singh, s/o Gurditt Singh from village Nangali Kalan within
post office Udo Nangal, under Mehta police station of Baba Bakala sub-division in
Amritsar district, had given up school to train as a radio mechanic. He was the
youngest of three sons in a family of baptized Sikhs and, according to his family
members, was under the influence of the militant movement in Punjab. He used to
regularly attend the religious functions organized to mark the killings of young
people by the Punjab police and stay away from home for days together. But the
family members did not have any clue about his activities and the police had never
arrested him before.
Nineteen-year-old Jagdish Singh, s/o Piara Singh from Leel Kalan village under
Qadian police station of Batala sub-division in Gurdaspur district, was Baljits close
friend. Jagdishs father had expired when he was seven and since then he, along with
his brother and two sisters, had been living with his uncle Jathedar Charan Singh in
village Nangali Kalan. That is how Baljit and Jagdish had become friends. Jagdish, a
baptized Sikh, was also under the influence of the militant movement and had been
arrested and charged under TADA. He remained in jail for one year. The police
continued to hold him for interrogation after he came out of jail and Jagdish began to
stay away from his uncles house to avoid torture.
On 12 July 1991, Jagdish and Baljit were eating lunch at the house of Jathedar
Charan Singh when Mehta police raided the house and took them away. The families
did not know which police had taken them away, but when they went to Mehta police
station to make inquiries, the SHO denied having any knowledge, and the families
continued to look for them in vain at other police stations, including Qadian in
Gurdaspur district.
On 16 July 1991, the Punjabi newspapers published a story about an encounter
between the Mehta police and a group of militants when the police were apparently
taking Baljit, Jagdish and one of their supposed accomplices Narinder Singh, s/o
Ratan Singh, r/o Bham, near Harchowal under Shri Hargobindpur police station, in
Gurdaspur district, for the recovery of weapons. All three militants in police custody
were reported to have been killed in the cross fire.
The families collected their ashes from the Durgiana Mandir cremation ground
after its attendants identified the pyres on which the three boys had been cremated
by Mehta police on 15 July 1991.
It is not clear why the CBIs list identifies Narinder Singhs village as Bagh.
According to the family members of Baljit and Jagdish we spoke to, the police also
abducted and killed Dilbagh Singh, s/o Pooran Singh, r/o Devidaspura under Jandiala
Guru police station in Amritsar district.
carried out by ASI Baljinder Singh of Beas police station on 24 July 1991. They are
of: [1] Joginder Singh alias Mal, s/o Mangal Singh, r/o Sathiala; and [2] Sukhdev
Singh alias Sukha alias Phaltoo, s/o Joginder Singh, r/o Sathiala. There are no FIR
or post-mortem report numbers. The cause of death is given as police encounter.
its incident report form nos. CCDP/01627 and 1628. The main informants are Joginders
mother Gurmeet Kaur and Sukhdevs father Joginder Singh.
Joginder Singh (22), son of Mangal Singh and Gurmeet Kaur, was an unmarried
farmer from Sathiala village, Patti Hajipur, under Beas police station, in Baba Bakala
sub-division of Amritsar district. Joginder had to give up school to work on his land
because his father was serving as a soldier with BSF and his elder brother was with
the army . As his younger brother was too young, Joginder took on the responsibil-
ity of managing the family farm.
In 1990, Joginder got involved with the Sikh militant movement aiming to estab-
lish a sovereign state of Khalistan. As the police found out and started raiding his
house, Joginder started to stay away from home. Even as the police began coercing
the family to produce him for an interrogation, they were unable to do so.
Sukhdev Singh (22), also of Sathiala village and the locality of Patti Gopi Ki, was
the son of Joginder Singh and Sukhbir Kaur. He had given up school to become a
farmer. He was married to Jasso and had a daughter named Joti who now lives with
his mother. Jasso has since remarried.
Sukhdev developed links with militant organizations around 1990 and began to
stay away from home when the police began their raids to arrest him.
Around 2 p.m. on 23 July 1991, the family members of the two boys heard that
they had been killed just outside the village. They rushed to the site to find their
bullet-ridden bodies of the two lying on the ground. Some CRPF personnel were
standing nearby, but they denied having killed them. Soon, the Beas police reached
the scene and took the bodies away and cremated them at Durgiana Mandir crema-
tion ground after their post-mortem.
345. Under serial no. 284/42, the list identifies the cremation of Swaran Singh, s/
o Dhian Singh, r/o Mandirawala, carried out by SHO Gopal Singh of Ramdas police
station on 2 August 1991 under FIR no. 98/91. The list does not give the post-
mortem report number and mentions the cause of death as police encounter.
Nirpal Singh.
Forty-five-year-old Swaran Singh, s/o Dhian Singh, was a farmer from Mandranwale
village under post office and police station Ramdas in Ajnala sub-division of Amritsar
district. He was married to Deep Kaur and had two adult children.
The police suspected Swaran Singhs involvement in smuggling weapons across
Pakistan to help the militant cause. They had arrested him once and, when the police
continued to pick him up for interrogation even after his release from jail, Swaran
Singh gave up living in his house. After he deserted home, the police began to
harass his family members.
Swaran Singh was arrested from Jammu in the beginning of July 1991 and brought
to Punjab. The family members have not been able to ascertain if his arrest in Jammu
was formally acknowledged, or whether the Punjab police abducted him illegally
from there. The family received the news of his arrest in the first week of July 1991,
but could not find out which police was detaining him and where. On 1 August 1991,
a person who had been in the illegal custody of Ramdas police came to inform them
that Swaran Singh was also being held there, and the police had subjected him to
terrible torture. They were still trying to find a way to meet the SHO of Ramdas police
station when, on 3 August 1991, the newspapers in Punjab published a story stating
that Swaran Singh, s/o Dhian Singh from Mandaranwale village and two of his
unidentified accomplices had been killed in an encounter between a group of mili-
tants and the Punjab police near a drain on the Ramdas-Fatehgarh road.
It is not clear what happened to the bodies of the two unidentified militants killed
along with Swaran Singh since the CBIs lists of partially identified and unidentified
cremations do not show any other cremation performed by Ramdas police on 2
August 1991.
346 347. Under serial nos. 289/45, 290/46 and 291/47, the list identifies two
cremations carried out by ASI Ranjit Singh of Lopoke police station on 4 August
1991, stated in FIR no. 123/91. They are of: [1] Santokh Singh, s/o Arjun Singh, r/
o Kokarkalan, PS Lopoke; [2] Balwinder Singh, s/o Ajit Singh, r/o Kakarkaln.
The cremation of Santokh Singh is listed twice Under serial nos. 289/45 and 290/
46. The post-mortem reports are not mentioned. The cause of death is given as
police encounter.
form nos. CCDP/01608 and 01609. The main informants are Romi and Mohan Singh,
the brothers of the victims.
Twenty-eight-year-old Santokh Singh, son of Arjan Singh and Taro, was a
Mazhabi Sikh laborer from village Kakkar Kalan, Patti Ratthan Di, under Lopoke
police station, in Ajnala sub-division of Amritsar district. We know that Santokh was
married and had children. However, it has not been possible to put together a com-
plete picture of his background and family life because his entire immediate family
seems to have perished under the shadow of his death in a supposed encounter on
4 August 1991.
Balwinder Singh (30), son of Ajit Singh and Balbir Kaur, was a baptized Sikh from
the same village, Kakkar Kalan. Although the youngest of three brothers, Balwinder
did not go to school and, instead, worked with his brothers as a farmer. He was
unmarried. According to his family members, Balwinder had never been involved in
politics and had no criminal background.
Around 4 p.m. on 3 August 1991, the Lopoke police started a search operation of
Kakkar Kalan village when Santokh Singh and Balwinder Singh were takng a walk in
the fields. Seeing the police cordon off the village, they became nervous and tried to
slip away. The poliemen noticed their nervous movement and started to pursue
them. Santokh and Balwinder now ran faster and the police opened fire, killing both
of them on the spot. Hearing the gunshots, many people of the village came to the
site and informed the police officials that both belonged to the same village and were
not involved in any illegal activities. The police loaded both bodies in one of their
vehicles and went away without informing their family members.
When the family, informed by residents of the village, reached the site of the
incident, the police had already left the scene with the bodies. They went to Lopoke
police station the next morning to claim the bodies, but the police officials, who
claimed the incident was an encounter, refused to talk to them. The families could not
even attend the cremations.
Santokh Singhs entire family seems to have perished under the shadow of this
incident. His mother Taro expired after one year and his wife died from a heart attack
immediately after the completion of her mother-in-laws last rites. Santokhs father
Arjan Singh expired five years later.
348. Under the Serial no. 311/50, the list identifies the cremation of Gurinder
Singh, s/o Major Singh, r/o Jagoke under Verowal police station, carried out by
head constable Surjit Singh of Majitha police station on 6 October 1991 under FIR
no. 144/91. The list does not give a post-mortem report number and mentions the
cause of death as police encounter.
its incident report form no. CCDP/01436. The main informant is the victims father.
Gurinder Singh, s/o Major Singh from village Nagoke, Patti Daffar Ki, under
Verowal police station in Tarn Taran sub-division of Amritsar district was a 17-
year-old baptized Sikh boy who had finished his school and had joined a technical
institute at Sarhalli Kalan to become a motor mechanic. His father, a retired military
officer, was apprehensive of the influence that the underground Sikh militant move-
ment in his part of Tarn Taran had on young people around this time. To keep his
son away from it all, he sent him to live with his maternal aunt at village Malluwal
near Amritsar.
Kathu Nangal police arrested Gurinder on 1 October 1991 evening. His uncle
Gurdial Singh, the head of the village council, went to the police station the next
morning and persuaded the SHO to release him. As he was leaving the police
station, Gurinder realized that he had left his turban behind and went back to
collect it. When Gurinder did not come out of the police station again, his uncle
went back to the SHO who now said that the SSP had just instructed him to
interrogate Gurinder. For the next several days, when Gurdial Singh went back to
the police station, the SHO kept assuring him that his nephew would be released
once the interrogation was complete. But he did not allow them to meet. Gurdial
suspected that his nephew had been removed from the police station.
On 7 October 1991, newspapers published a report about the killing of Gurinder
Singh Nagoke in an encounter with the Majitha police. When the family members
went to Majitha police station demanding to see the clothes Gurinder was wearing,
the officers refused to do so. They also found out that no encounter had actually
taken place within Majitha police district over the last few days. Gurinders family
members then went to Durgiana Mandir cremation ground and minutely examined
the ashes of the pyre on which the Majitha police had supposedly carried out the
cremation. The examination yielded a steel bracelet, which was too big for Gurinders
wrist. They also found two gold rings, which Gurinder had never worn.
Gurinders family members suspect that the body cremated by the Majitha police
at Durgiana Mandir cremation ground on 6 October 1991 did not belong to him. They
believe that the police had killed someone else and had named Gurinder for some
surreptitious reason. For several years, they continued to hope that Gurinder may be
alive in illegal police custody and might turn up some day.
However, they have now given up all hope.
349. Under serial no. 316/51, the list identifies the cremation of Narinder Singh, s/
o Mana Singh, r/o Jalalpura, carried out by ASI Simranjit Singh of Ajnala police on
10 October 1991. The list does not give the FIR and post-mortem report numbers
and mentions the cause of death as police encounter.
port form no. CCDP/01152. The main informant is the victims brother Kulwant Singh.
Thirty-five-year-old Narinder Singh, a farmer, was from village Jalalpura, Nawan
Khooh, Charhdi Patti under Majitha police station in Amritsar district. The CBIs list
gives his fathers name as Mana Singh. The actual name of his father is Ganga Singh.
He had died when Narinder was very young.
Narinder was unmarried and under the influence of the militant movement for a
sovereign Sikh state. When the police started raiding his house frequently, Narinder
began to stay away from his home. The police then started harassing the family
members, particularly his mother Mohinder Kaur, humiliating her in police custody
and asking her to produce Narinder before the police.
On 7 October 1991, Narinder was visiting his cousin Harbhajan Singh in Jahnjoi
village near Raja Sansi along with one of his friends Prabh Singh from Tarpai village.
The police raided the house and arrested both of them. Harbhajan Singh informed
their families immediately. Prabh Singh was released some days later, but the police
killed Narinder in a staged encounter.
The police allowed Narinders younger brother Kulwant Singh to attend the
cremation and to collect the ashes for the last rites.
350. Under serial no. 322/52, the list identifies the cremation of Mangal Singh
alias Manga, s/o Sohan Singh, r/o Arjun Bagha, on 29 October 1991 carried out by
SHO Rattan Singh of Mehta police station under FIR no. 148/91. There is no post-
Massa Singh.
Twenty-five-year-old Mangal Singh, s/o Sohan Singh and late Manjit Kaur, was
a resident of village Arjan Maga under Mehta police station in Baba Bakala sub-
division of Amritsar district. Unmarried, Mangal Singh used to help his father with
the agricultural work. He was a baptized Sikh and known to be very religious. Solely
because of his religiosity, the police used to suspect him of maintaining militant
connections and had detained him illegally for questioning on a few occasions. But
the police never formally arrested him.
In the morning on 29 October 1991, a police force led by DSP Balkar Singh and
SHO Ratan Singh of Mehta police station conducted a combing operation in village
Arjan Maga. The police force ordered all male residents of the village to assemble in
the open area near the village gurdwara. DSP Balkar Singh and SHO Ratan Singh
examined every person in the queue individually, and then asked Mangal Singh to
step aside. They tied his hands to his back, pushed him into a police vehicle, and
drove away with him. Around 9 a.m. that morning, several village elders went to
Mehta police station to talk to the SHO, but they were not allowed to enter the police
station. As the SHO had the reputation of being a corrupt officer who abducted
young Sikhs and released them only after collecting money, the village elders thought
of raising money for Mangals release. They went back to the police station the same
afternoon around 3 p.m. with money, but learnt that the police had already killed
Mangal Singh in a staged encounter. The village elders saw a body, covered with a
sheet of cloth, in the compound of the police station. But they were not allowed to go
near the body or identify it. The police carried out the cremation the same day.
On 30 October 1991, all Punjabi newspapers reported the killing of a militant
Mangal Singh in an encounter that had allegedly taken place near village Bhoa.
His father Sohan Singh has since lost his mental balance. His mother, Manjit
Kaur, died in 1997 after a chronic illness onset by the killing of her son.
351. Under serial no. 332/55, the list identifies the cremation of Surta Singh, s/o
Mulkh Singh, r/o Hardkalan, PS Ajnala, carried out by ASI Simrat Singh of Ajnala
police station on 20 November 1991. No FIR and post-mortem report numbers are
available. The cause of death is given as police encounter.
Piar Kaur.
Thirty-year-old Surta Singh, s/o Late Malook Singh and Piar Kaur, r/o Harar
Kalan village in Ajnala sub-division of Amritsar district, was a constable with the
Punjab Home Guard, 3
rd
Battalion. In 1991, he was posted at Gagomahal police post
under Ramdas police station. Surta Singh had no political or militant background and
used to report for his duties regularly. He was unmarried.
On 14 November 1991, Surta Singh came home on leave after a minor quarrel with
an assistant sub-inspector in-charge of his police post. After pacifying his anger, the
family members sent Surta Singh back on duty on November 16. They were taken
aback when they learnt about his arrest the next morning. Immediately, Surta Singhs
mother Piar Kaur went to the police post to find out the reasons for his arrest, but she
was not allowed to meet him. The next day, at the police post, she was told that her
son Surta Singh had been taken to Ramdas police station. When Piar Kaur, accompa-
nied by her elder son Deewan Singh, reached Ramdas, she was told that her son had
been sent off to Ajnala police station.
For four days, Piar Kaur and her elder son did the rounds of various police
stations, but failed to meet Surta Singh. They also failed to get a hold of any respon-
sible officer who could explain why Surta Singh had been detained.
On 21 November 1991, several Punjabi newspapers published a story about the
killing of Surta Singh in an encounter near Pakho Khurd village when the police were
taking him to recover hidden weapons. According to the story, a gang of militants
tried to rescue Surta Singh before he was killed in the cross-fire.
The police cremated his body at Durgiana Mandir cremation ground, and Piar
Kaur, for lack of information, could not even collect the ashes. Subsequently, Pirar
Kaur addressed petitions to the chief justice of the Punjab and Haryana High Court,
the chief minister of Punjab, IG, Punjab Home Guards, SSP of Majitha police district
and the deputy commissioner of Amritsar imploring them to institute an independent
inquiry into the circumstances in which her son had been killed. No action followed
her requests.
352. Under serial no. 344/57, the list identifies the cremation of Paramjit Singh
alias Kala, s/o Hazara Singh, r/o Cheema, Swajpur, carried out on 23 December
1991 by the SHO of Ram Das police station under FIR no. 145/91. There is no post-
its incident report form no. CCDP/01303. Paramjit Singhs cousin Bachan Singh
Chowkidar is the main informant.
Paramjit Singh (22), s/o Hazara Singh from village Harsha Chheena, Sawajpur,
under Raja Sansi police station in Ajnala sub-division of Amritsar district, was an
unmarried Mazhabi Sikh who used to earn his livelihood as a construction laborer.
He was the youngest of three brothers and one sister. One of his brothers died in a
car accident and his other two brothers live in Amritsar city.
Ramdas police arrested Paramjit on 22 December 1991 from the house of his
uncle Sohan Singh at Ramdas. He was declared killed in an encounter staged the
same night.
The family learnt about his death through newspaper reports. The police never
informed them about his cremation.
353. Under serial no. 349/59, the list identifies the cremation of Balkar Singh, son
of Surinder Singh, r/o Jhabbal, carried out by ASI Ranjit Singh of Jandiala police
station on 17 January 1992 under FIR no. 7/92. The post-mortem report is not
given and the cause of death is described as encounter.
Randhir Kaur.
Thirty-year-old Balkar Singh, son of Mohinder Singh and Balwant Kaur, was a
resident of Jabbowal village under Khalchian police station in Baba Bakala sub-
division of Amritsar district. He was married to Randhir Kaur and had a daughter
Rajbir Kaur and a son Manjit Singh who are now 15 and 13, respectively.
Until December 1984, the family used to live in Bokaro in Bihar where Balkars
father Mohinder Singh was a foreman at the Tata Steel Company. Mohinder Singh
was killed in the organized violence against the Sikhs that occurred in the immediate
aftermath of Prime Minister Indira Gandhis assassination on 31 October 1984.
Balkar Singh, a young baptized Sikh, was already traumatized by the June 1984
Army s assault on the Golden Temple and its destruction. His fathers killing in
November 1984 alienated him completely from the Indian political establishment
and, back in Punjab, he began to take interest in the political and the militant
movement on rise in that state. Soon, the police raids commenced and the police
tortured Balkar under interrogation. Balkar kept away from his house for sometime
to avoid torture and then, in 1986, he surrendered himself to the police for an
interrogation in the presence of several prominent Akali leaders of the region. The
police interrogated him and released him unconditionally. He got married to Randhir
Kaur in 1986.
The police harassment of regular raids, illegal arrest and torture under interro-
gation did not cease. Balkar was not charged formally, but constantly tormented.
Until 1989, he tried to cope with the situation by involving the village council
to save himself, until 1989. Finally, fed up, he left his home to join the militancy. The
police began to pick up his family members, his mother and uncles, to question
and torture them. To escape these abuses, they also shifted their residence to
Amritsar city.
In August 1991, Balkar went away to Jamshedpur, in Bihar, where he had some
contacts from his earlier days in the state. He managed to find employment as a
truck driver and began to live there with his wife and children. By a coincidence,
the Jamshedpur police arrested a Punjab militant Gurdarshan Singh alias Baghel
Singh, son of Bahadar Singh, originally from Deriwal village, who had around this
time taken temporary shelter in the city. The arrest and the interrogation of
Gurdarshan Singh and his sympathizers in the city revealed information about
Balkars presence and the police began to search for him. The family found out and
produced Balkar Singh for an interrogation before Jamshedpurs SP. Balkar was
eventually charged with several offences under the TADA and sent to jail.
In January 1992, the Jandiala police from Punjab, led by SHO Ranjit Singh and
ASI Narinder Singh, obtained permission from the chief judicial magistrates court in
Jamshedpur to take Balkar Singh on an investigative remand back to Amritsar. He
was taken to Chandigarh on an Indian Airlines flight from Patna and then to Amritsar.
The family members came to know about the transfer and their attempts to meet him
at the Jandiala Guru police station went in vain.
In the evening of 17 January 1992, the local channel of the government-con-
trolled Doordarshan program on television carried a report about the killing of Balkar
Singh in an alleged police encounter. The Punjabi newspaper Ajit published a more
detailed report on 18 January 1992 claiming that Balkar was killed when his militant
associates tried to rescue him by attacking the police convoy that had gone with him
to Malluwal village to recover his weapons.
The police carried out the cremation without informing the family members.
In 1997, Randhir Kaur, Balkars widow, submitted an application to the CBIs
office at Amritsar after the Supreme Court ordered the Bureau to investigate the
allegations of illegal cremations. According to her, the CBI officials visited her house
a few times thereafter to record her statements. However, she does not know if these
inquiries resulted in any action.
According to Randhir Kaur, the police also killed her brother Darbara Singh, son
of Dalip Singh, from village Waring Suba Singh, in 1990.
354. Under serial no. 350/60, the list identifies the cremation of Gurjit Singh alias
Pumana Singh, s/o Bhajan Singh, r/o Chajjalwadi, Jandiala, carried out by the SHO
of Kathunangal police station on 20 January 1992 under FIR no. 9/92. There is no
post-mortem report and the cause of death is given as bullet injuries.
tion about this case through its incident report form
no. CCDP/01112. The main informant is his brother
Pargat Singh.
Nineteen-year-old Gurjeet Singh alias Phuman, son
of Harbhajan Singh and Sukhwant Kaur, was a resident
of village Chhajalvaddi, Charhdi Patti, under Jandiala
police station, in Baba Bakala sub-division of Amritsar
district. After his matriculation, Gurjeet obtained a di-
ploma as a mechanic of diesel engines from a technical
institute at Baba Bakala. However, he could not get a
decent job, and started helping his father and brothers
with the agricultural work. Gurjeet, like other members
of his family, was a baptized Sikh and religiously devout. He had no links with any
political or militant association. The police never interrogated or arrested him through-
out the period of violent unrest in Punjab.
The family of a known militant Surjit Singh Painta used to live in the same village
and Gurjeet was on friendly terms with his brother Rajinder Singh, who was later
killed in Delhi. It was a normal friendship and had no political overtones. However,
this innocuous friendship between the two seems to have instigated the police
action in January 1992 that cost him his life.
In the second week of January 1992, Gurjeet was visiting his aunt at village
Chugawan Roopowali near Kathu Nangal police station. On 19 January 1992, SHO
Dharam Singh of Kathu Nangal police station led a police raid of his aunts house in
Chugawan Roopowali and took Gurjeet, his uncle Hazara Singh and his cousin Balraj
Singh to Kathu Nangal police station. The police separated Gurjeet from the others
and tortured him. Hazara Singh and Balraj heard him screaming, but could not do
anything to help. The same night, SHO Dharam Singh took Gurjeet out of the police
station in a vehicle and declared him killed in an encounter that he staged on the
bank of a canal near Kathu Nangal. The police released Hazara Singh and Balraj two
days later.
On 20 January 1992, Gurjeets father Harbhajan Singh, along with several
elders of his village, went to Kathu Nangal police station to get his son released from
illegal custody. But he found out that the police had already killed him in a fake
Gurjit Singh
encounter and had taken his body for cremation to Seetla Mandir cremation ground
at Amritsar. The family members attended the cremation carried out by the SHO of
Kathu Nangal police.
355. Under serial no. 353/61, the list identifies the cremation of Satnam Singh
alias Bittu, s/o Santokh Singh, r/o Veerpal, Jandiala, carried out by the SHO of
Beas police station on 19 February 1992. The cause of death is mentioned as bul-
let injuries. There are no FIR or post-mortem report numbers.
The committee has gathered the following information about this case
through its incident report form no. CCDP/01160. The main informant is his mother
Swaran Kaur.
Eighteen-year-old Satnam Singh alias Billa, son of Santokh Singh and Swaran
Kaur, was a resident of Varpal village, Dheer De ki Patti, under Jandiala Guru police
station, in Amritsar district. A baptized Sikh, Satnam had appeared for his matricula-
tion examination in 1991. He had no political or militant background and the police
had never arrested him before. His village was considered to be the hotbed of mili-
tancy. In the wake of the assembly elections in early 1992, which were boycotted by
Sikh political organizations, the police, supported by the army , used to carry out
random raid and search operations, indiscriminately detaining religiously-minded
young Sikhs for interrogation. To avoid any harassment, Satnam had begun to live
with his sister Lakhbir Kaur, w/o Aroor Singh, at village Lidhar under Beas police
station.
The polling for the assembly was held on 18 February 1992. Satnam went around
the village of his sister exhorting people not to boycott the elections that day to
express their lack of faith in the Indian system of democracy. That evening around 7
p.m. after the polling booths closed, a police force led by the SHO of Beas police
station, surrounded his sisters house. Satnam was caught, dragged outside the
house, and shot dead in front of many witnesses, including his sister and brother-in-
law. The police carried away his body.
Twenty-four days after killing Satnam Singh, on 13 March 1992, Jandiala Guru
police arrested his older brother Manjit Singh and killed him along with another
resident of the village in a fake encounter. The details follow in the discussion of the
two cremations identified by the CBI Under serial nos. 364/65 and 365/66.
carried out by the Jandiala police on 9 March 1992 under FIR no. 35/92. The post-
mortem reports are marked as GM/656/92 and GM/67/92 and the cause of death is
mentioned as police encounter. The two cremations are of: [1] Devinder Singh
alias Commando, s/o Phoola Singh, r/o Sultanwind; and [2] Iqbal Singh, s/o Gurdayal
Singh, r/o Dianpur.
The committee has acquired the following information about these cases through
its incident report form no. CCDP/01338. The main informant is the Iqbal Singhs
brother Sukhraj Singh Laadi.
Twenty-year-old Iqbal Singh alias Bala, son of late Gurdial Singh and Gursharan
Kaur, was a resident of village Dhianpur within Wadala Kalan post office in Baba
Bakala sub-division of Amritsar district. Iqbals father Gurdial was originally from
Shahkot village in Jalandhar district. In 1982, he bought agricultural land in Dhianpur
and had begun to live there with his two sons, Sukhraj Singh and Iqbal Singh, who
helped him cultivate the land. His family members were baptized Sikhs and his son
Iqbal sympathized with the ideal of an independent Sikh state. However, Iqbal was
not involved in any political or the militant movement in any manner. The police had
never arrested him. Though young, Iqbal had married Kulwinder Kaur, but they had
no children. Kulwinder Kaur has since remarried.
In March 1992, Iqbal was living with his parents at their ancestral village of
Shahkot in Jalandhar district and his brother Sukhraj was looking after their agricul-
tural farm at Dhianpur. On 7 March 1992, Iqbal went to Dhianpur to help his brother
with some work and then left for Shahkot the same evening. He never reached
Shahkot. On 8 March 1992, Jandiala Guru police claimed to have killed him in an
encounter along with Devinder Singh, s/o Phoola Singh, a resident of Sultanwind in
Amritsar and supposedly his militant accomplice. The family learnt about his killing
from a report in newspapers on 10 March 1992.
The family members believe that the story of the encounter must be false and
concocted. They claim that Iqbal was not involved with any militant activities.
358 - 359: Under serial nos. 364/65 and 365/66, the list identifies two cremations
carried out by a sub-inspector of Jandiala police on 14 March 1992 under FIR no.
37/92. The cremations are of [1] Sucha Singh, s/o Labh Singh, r/o Veerpal; and
[2] Manjit Singh, s/o Santokh Singh, r/o Veerpal, brother of Satnam Singh
whose cremation is listed Under serial no. 353/61 and which we examined as our
case No. 354. The list mentions the cause of death to be bullet injuries and gives
no other details.
port form nos. CCDP/00802 and 01161. The main informants are Sucha Singhs mother
Jasbir Kaur and Manjit Singhs widow Daljit Kaur.
Twenty-seven-year-old Manjit Singh, son of Santokh Singh and Swaran Kaur,
was a resident of Varpal village, Dheer De Ki Patti, under Jandiala Guru police station,
in Amritsar. Satnam Singh, whose case we have examined above, was Manjits younger
brother. Manjit was also a baptized Sikh and felt agonized by thoughts of atrocities
the Sikhs of Punjab had suffered over the last decade. But he was not politically
active in any way. Manjit was married to Daljit Kaur with two sons and a daughter.
The eldest daugher, Gurpreet Kaur, is now 15.
Years ago Manjit had started a dairy farm which was not a success. Then in 1982,
he went to Libya to find work and came back in 1986 to get married. Soon after his
marriage, Manjit got caught in an incident of cross firing between the police and a
group of militants, and was seriously injured. He recovered after several months of
hospitalization. His treatment exhausted all his savings, and he opened a fodder stall
in his village.
Everything went well until 18 February 1992 when his younger brother Satnam
was caught and killed at his sisters house at village Lidhar.
On 13 March 1992, the Varpal village organized a funeral feast to mark the conclu-
sion of the death rites for his younger brother. After completing the function, Manjit
returned to his fodder stall in the village. He was accompanied by Sucha Singh, s/o
Pal Singh from the same village.
Twenty-five-year-old Sucha Singh, son of Pal Singh and Jasbir Kaur from Varpal
village, was an unmarried agricultural worker. When Manjit and Sucha Singh reached
the fodder stall, a group of policemen in plain clothes pounced on them, dragged
them into a police vehicle and drove away. The next morning, a group of village
elders accompanied by hundreds of other residents of the village went to Jandiala
Guru police station to ask for Manjit Singh and Sucha Singh. SHO Amar Singh told
them that both of them had been killed in an encounter and had already been
cremated. The villagers then went to the Durgiana Mandir cremation ground where
they saw the pyres burning. The next day, they went back to collect their ashes.
360. Under serial no. 370/67, the list identifies the cremation of Gurdip Singh alias
Gupta, s/o Swaran Singh, r/o Nangli, PS Mehta, carried out by the SHO of Beas
police station on 25 March 1992 under FIR no. 37/92. There is no post-mortem
report number. The cause of death is mentioned as bullet injuries.
the following information about this case. The main informant in this case is the
victims father Swaran Singh.
Nineteen-year-old Gurdeep Singh, son of Swaran Singh and late Surjit Kaur, was
a resident of Nangali Kalan, post office Udo Nangal, under Mehta police station, in
Baba Bakala sub-division of Amritsar district. Politically, his family supported the
Akali Dal, but had no extremist associations. Gurdeep had never been arrested or
interrogated.
Gurdeeps father Swaran Singh became very depressed after his mother Surjit
Kaur expired in 1986. As the eldest son, Gurdeep completed his school education
and then started working with his father on the agricultural farm.
Around 4 a.m. on 20 March 1992, a police force led by an officer who refused to
identify himself raided Swaran Singhs house and asked for Gurdeep who had just
woken up. Swaran Singh pointed Gurdeep out and asked the policemen to explain
the purpose of their visit. But they pounced on Gurdeep, dragged him out of the
house and, pushing him into a vehicle, drove away. They did not even disclose their
destination.
Swaran Singh rushed to Mehta police station, which had jurisdiction over the
village, thinking that the police there may have arrested him on some suspicion.
When the Mehta police denied all knowledge, Swaran Singh went to other police
stations and tried looking out for his son the next two days. He also approached
political leaders in his area, but they expressed their inability to help in the situation
of insuperable repression built up by the newly elected government of Punjab.
On March 22, Swaran Singh along with several village elders met DSP Darshan
Singh Mann of Baba Bakala who promised to find out and advised them to come
back after three days. When they met him again on 25 March 1992, DSP Mann told
them that the police had killed Gurdeep in an encounter near village Dhianpur and
had cremated him at Durgiana Mandir cremation ground. As a gesture of goodwill,
DSP Mann gave Swaran Singh a slip of paper which would allow him to collect his
sons ashes. On March 26, Swaran Singh went to the cremation ground and collected
the ashes, the last remains of his sons body.
DSP Mann had also advised Swaran Singh not to complain or initiate any legal
action if he cared for his own life and the life of his second son. Swaran Singh heeded
his advice and did not pursue the matter.
361. Under serial no. 371/68, the list identifies the cremation of Malkait Singh, s/
o Gulzar Singh, r/o Ranakala, Jandiala, carried out by ASI Ranjit Singh of Jandiala
police station on 27 March 1992 under FIR no. 42/92. The post-mortem report
number is not marked. The cause of death is given as bullet injuries.
The committee has gathered the following infor-
mation about this case through its incident report form
no. CCDP/01129. The main informant is the victims
mother Darshan Kaur.
Malkeet Singh alias Meeta, son of Gulzar Singh
and Darshan Kaur, was a 20-year-old college student
from Rana Kala village, post office Jabbowal, under
Jandiala Guru police station in Amritsar district.
In 1991, after passing his higher secondary school
examination, Malkeet joined a college at Jandiala Guru
and used to commute daily from his village to his col-
lege on a scooter. According to Darshan Kaur, the fam-
ily members were not aware if he maintained links with
any political association. Malkeet used to return home every day between 5 and 6
p.m. after attending extra tuitions.
On 24 March 1992, Malkeet went to his college but did not return home in the
evening. That evening around 7 p.m. a group of officers from Jandiala police station
came to his house and asked for his father Gulzar Singh who was away in Amritsar
city. When Darshan Kaur asked them to explain the reason for their visit, the police
officers became abusive. They confiscated Gulzar Singhs tractor, parked outside the
house, and drove away with it after instructing Darshan Kaur to ask her husband to
report to the police station next morning. After their departure, some residents of the
village informed Darshan Kaur that her son had been arrested at a police checkpost
while he was returning home earlier that evening.
The next morning, Gulzar Singh went to Jandiala Guru police station and found
out that his son Malkeet had been transferred to Mall Mandi interrogation center.
Gulzar Singh was fearful that he also might get arrested, but he was not bothered.
Gulzar Singh then went to Mall Mandi interrogation center, but he failed to obtain
any information about his son.
On the 27 and 28 March 1992, several Punjabi newspapers reported the killing of
Malkeet Singh in an encounter that allegedly took place when a group of militants
tried to rescue him soon after his arrest.
The police carried out the cremation without informing the family members. Gulzar
Singhs tractor, confiscated by the Jandiala Guru police from his house on the evening
of 24 March 1992, was returned to him a week later along with the scooter that
Malkeet Singh had been riding when he was arrested.
According to Darshan Kaur, her husband Gulzar Singh was unable to reconcile
Malkeet Singh
himself with his sons disappearance and his killing in a fake encounter. He began to
drink heavily to drown his sorrow, always weeping in front of Malkeets photograph,
and died prematurely in 1998.
362. Under serial no. 372/69, the list identifies the cremation of Gurmukh Singh
alias Gorkhi, s/o Beer Singh, r/o Jani-ki-Patti, Mehta, carried out by the SHO of
Kathunangal police station on 2 April 1992 under FIR no. 24/92. The cause of death
is mentioned to be bullet injuries. There is no number for a post-mortem report.
the following information. The main informant in this case is the victims father Veer
Singh.
Twenty-two-year-old Gurmukh Singh, son of Veer Singh and Gurdeep Kaur, from
Mehta village, Patti Jaani Ki, within Baba Bakala sub-division of Amritsar district
was an alumnus of the Dam Dami Taksal, the center of
orthodox religious learning, once headed by Jarnail
Singh Bhindranwale. Gurmukh had qualified as a paathi,
scripture-reader, and used to travel around the coun-
tryside for missionary work. He was considered close
to Bhindranwale, but he did not take part in the armed
resistance to the army s assault on the Golden Temple
in June 1984 in which Bhindranwale and hundreds of
others were killed.
After June 1984, Gurmukh was marked as a suspect
and the police used to raid his house and detain his
family members to compel him to surrender. The police
arrested Gurmukh Singh in 1985 from the house of his
maternal grandparents at village Bhamri in Gurdaspur
and charged him with a case under the Arms Act. The trial court released him on bail
after some months. But the police continued to torment him, picking him up at the jail
gates just as he was released, detaining him illegally for weeks, torturing him and
again booking him under a new charge. Towards the end of 1991, Gurmukh Singh
managed to slip away and went into hiding.
In March 1992, Gurmukh Singh was preaching in village Gagrewal in Tarn Taran
sub-division of Amritsar district. A group of police officers presumably from
Kapurthala district arrested him at that village and took him to Kapurthalas Sadar
police station. His father Veer Singh, who received the information about the arrest
the next day, traveled to Kapurthala along with a group of village elders and met his
son in the custody of Kapurthala Sadar police station. The SHO told him that he had
already intimated the Mehta police about Gurmukh Singhs arrest and pleaded his
inability to release him without their approval. Veer Singh and his companions went
back to Mehta and met the SHO of the police station there who said that they wanted
Gurmukh Singh for an investigation, but they would release him after his interroga-
tion.
Mehta police brought Gurmukh Singh back from Kapurthala, but transferred him
to Mall Mandi interrogation center at Amritsar. Veer Singh persuaded an Akali leader
of his area, Manmohan Singh Sathiala, who later became an MLA, to invervene on
Gurmukh Singh
his behalf. But Sathialas efforts did not bear any fruits. On 3 March 1992, Veer Singh
read newspaper reports about the alleged killing of his son in an encounter. Accord-
ing to the newspaper reports, the police were taking him for the recovery of weapons
when a group of militants near village Vegewal under Kathu Nangal police station
attacked the convoy hoping to rescue him. Gurmukh Singh was killed in the ex-
change of fire.
Veer Singh went to the Durgiana Mandir cremation ground, and collected the
ashes from a heap which the attendants said was from his sons pyre.
Gurmukhs elder brother Sarwan Singh was deeply affected by this episode. He
started taking drugs and died four years later.
cremations carried out by a sub-inspector of Ramdas police station on 5 April 1992
under FIR no. 30/92. They are of: [1] Trilochan Singh, s/o Joginder Singh,
r/o Kujawal, Ram Das; [2] Prithipal Singh, s/o Sadhu Singh, r/o Bhur-e-Gill,
Ramdas, and [3] Sukhwinder Singh alias Bittu, s/o Kewal Singh, r/o Chogama,
Lopoke. Post-mortem reports are not mentioned. The cause of death is given as
bullet injuries.
its incident report form nos. CCDP/01606, 01614 and 01607. The main informants are
Harbans Kaur and Manjinder Kaur, mothers of Prithipal and Sukhwinder, respec-
tively, and Tarlochan Singhs father Joginder Singh.
Twenty-one-year-old Tarlochan Singh, son of Joginder Singh and Swaran Kaur,
was a resident of village Doojowal, under Ramdas police station, in Ajnala sub-
division of Amritsar district. He had a large family with two elder brothers, two
younger brothers and two unmarried sisters. Tarlochan completed his matriculation,
and then managed to find employment with Markfed. He was first posted at Raiyya
and then transferred to Majitha. Meanwhile, Tarlochan married Baljit Kaur and had a
son Panthpreet Singh, who is now about 10.
Tarlochan Singh was not involved in any militant activities, but two of his cous-
ins, Bhupinder Singh and Bitt of Dalam village, were part of some militant organiza-
tion and were eventually captured and killed. They were the sons of Surjit Singh,
Tarlochans maternal uncle.
Prithipal Singh, son of Sadhu Singh and Harbans Kaur, was a 19-year-old higher
secondary school student from village Bhoore Gill, post office Chamiari, under Ramdas
police station, Ajnala sub-division of Amritsar district. His father Sadhu Singh was
a small farmer with five sons, and Prithipal was the youngest of them. His elder
brother Santokh Singh was a JCO with the BSF, but he died suddenly in 1993.
In 1980, the Ajnala police had arrested Prithipal and, after his interrogation under
torture, implicated him a case under TADA. The court acquitted him of the TADA
charges after one year, as there was no evidence to prove the charges. Prithipal came
out of jail and tried to resume his studies. But the police started raiding his house
again and torturing him in illegal custody. Once he was tortured so brutally at the
Chamiari army camp that his condition became critical and he had to be hospitalized
for a long time. Prithipal was finally fed up and he left his house in December 1992.
The police then started tormenting his family members.
Twenty-two-year-old Sukhwinder Singh, son of
Kabal Singh and Manjinder Kaur, was a bus conductor
from village Chaugawan, Ajnala road, under Ajnala
police station, in Amritsar district. He was the eldest of
four brothers and a sister and their father had expired
when they were still very young. Soon, Sukhwinder
had to assume the responsibility of running the family
and he gave up his school in 1989 to join Majha Trans-
port Company as a bus conductor. The entire family
was dependent on his salary. Sukhwinder was a con-
scientious worker and also responsible to the family.
Unless assigned to go on a long route, he came back
home every night. Sukhwinder was unmarried.
Once in 1991, the Lopoke police had arrested him on the basis of some suspicion.
But the village council members intervened and the police released him after ten
days of illegal custody and torture.
In the morning of 3 April 1992, Sukhwinder Singh, as usual, left for his work. In
the evening, the driver of the bus that he was conducting came to Manjinder Kaurs
house and informed her that her son, along with Prithipal Singh, had been arrested
at a police checkpost set up by Ajnala police near Gurdwara Guru Ka Bagh.
The next day, Manjinder Kaur tried to assemble some people to approach the
police but could not succeed, as people were very scared of the lawlessness of the
police. The next morning, some residents of the village found out from Lopoke
police station that Sukhwinder and two others had been killed in an encounter
with Ramdas police. Several newspapers published reports about the encounter
that had supposedly taken place near village Kuralian, when a group of militants
tried to rescue their three associates who were being taken by Ramdas police
for the recovery of weapons. The newspapers also published photographs of
the bodies.
Manjinder Kaur could not attend her sons cremation because it had already
been performed by the police. But an attendant at the Durgiana Mandir cremation
ground helped her collect his ashes. Sukhwinder was the only earning member of
the family and the difficulties of eking out her existence and bringing up four
young children did not allow her to pursue the case for justice in any manner.
The real evidence that all three persons had been captured and killed in a fake
encounter came from the case of Tarlochan Singh who was arrested from his house
early morning on 4 April 1992. Tarlochan, along with his parents and his brothers,
was still sleeping when the Ramdas police raided his house and abducted him.
Later that morning, family members and several village elders met SHO Gopal Singh
of Ramdas police station who told them that the DSP was directly handling the case
and hence, he could not be of any help. The family members then tried to find an
influential politician who could help, but failed to organize anything in time.
366. Under serial no. 378/73, the list identifies the cremation of Balwinder Singh
alias Binda, s/o Ajit Singh, r/o Nangli Nashera, carried out by ASI Mohinderpal
Singh of Majitha police station on 8 April 1992 under FIR no. 27/92. There is no
post-mortem report number. The cause of death is mentioned as bullet injuries.
Sukhwinder Singh
tion about this case through its incident report form no.
CCDP/01167. The main informant is the victims wife
Darshan Kaur.
Thiry-four-year-old Balwinder Singh, son of late Ajit
Singh and Gurmej Kaur, was from village Nangali
Naushehra, MachineWale, under Sadar police station, of
Amritsar. He was a farmer and married to Darshan Kaur
with two sons. The eldest son is now 18.
According to Darshan Kaur, Balwinder did not have
any political or militant connections, but the police sus-
pected him associating himself with people involved in
robberies in the region. In 1988, the police arrested him
and, after keeping him in illegal custody under torture for some days, charged him
with various criminal offences. Eight months later, the court allowed him out on bail.
On 10 April 1989, soon after Balwinder came out of jail, Balwinders father Ajit Singh
was killed at his house by three militants who had been pestering him for shelter,
food and money. Amritsars Sadar police station registered a case in this connection
under FIR no. 165/89 and the state government sanctioned some financial help to his
mother Gurmej Kaur. Balwinder himself was recruited as a special police officer (SPO)
and posted first at Sadar police station at Amitsar and then at Gharinda police sta-
tion. Four months after his recruitment as a SPO, Balwinder was dismissed from the
service abruptly, without receiving an opportunity to defend himself.
Early morning on 22 March 1992, a group of officers from Majitha police station
raided his house, took Balwinder Singh into custody and started to drive away with
him. When Balwinders wife Darshan Kaur started crying, the SHO said that she
should not worry as her husband was wanted for interrogation in a minor matter and
would come back soon.
Later that day, Darshan Kaur went to Majitha police station where she met her
husband Balwinder Singh. She was relieved to find that he had not been badly
tortured. For the next several days, Darshan continued to visit her husband at Mehta
police station and even brought him food and a change of clothes. On the sixth day,
the SHO did not allow her to meet Balwinder but asked her to come back the follow-
ing day with her village elders.
The next day, Darshan Kaur and a group of eminent persons from the village
went to the police station and met the SHO who told them that Balwinder had been
transferred to Amritsar for further interrogation on instructions from SSP Paramjit
Singh Gill and that they should approach him for Balwinders release. For the next
several days, Darshan and her family members tried to meet the SSP without suc-
cess. They also went to various police stations in the city to locate him, but in vain.
On 9 April 1992, several Punjabi newspapers, including Ajit, reported a statement
issued by SSP Paramjit Singh Gill claiming that Balwinder Singh was killed in an
encounter that ensued when his accomplices attacked the police vehicle in which he
was being taken for the recovery of weapons. The SSP of Majitha told the press that
the police had arrested Balwinder Singh Binda and Hardeep Singh Dodhi from Ballan
village because of their role in many robberies. The press reports did not explain
what happened to Hardeep Singh Dodhi. The CBIs list of unidentified cremations
Balwinder Singh
does not show a second cremation carried out by Majitha police on 8 April 1992.
Darshan Kaur doubted the report about Balwinder Singhs death and met the
SSP in his office along with her mother-in-law. The SSP refused to listen to them and
asked them to leave. Darshan Kaur could not do anything further in the matter.
Darshan Kaur now earns her livelihood by selling milk. She had to withdraw her
older son Harpreet Singh, now 18, from school since she needed help to rear and
graze her three buffaloes. Her younger son Gurpreet Singh attends school.
367. Under serial no. 388/77, the list identifies the cremation of Kewal Singh, s/o
Hajara Singh, r/o Dilwan, Dera Baba Nanak, carried out by the SHO of Mehta
police station under on 23 April 1992 FIR no. 39/92. The post-mortem report is not
mentioned and the cause of death is given to be bullet injuries.
The committee has gathered the following information about this case through its
Incident-Form No. CCDP/01703. The main informant is the victims father Hazara Singh.
Twenty-five-year-old Kewal Singh, son of Hazara Singh and Kans Kaur, was a
resident of Dhilwan village, post office Kotli Soorat Malli, in Dera Baba Nanak sub-
division of Gurdaspur district. The youngest of six children, Kewal Singh gave up
his studies after completing his matriculation and started working at his family farm
along with his brothers. His father Hazara Singh (80), a poor farmer, could not do
much work. A baptized Sikh, Kewal was unmarried. He had no record of criminal or
militant associations and had never been arrested or interrogated.
Around 21 April 1992, Kewal Singh along with his friend Harbhej Singh from the
neighboring village of Nawan Pind went on a pilgrimage to the gurdwara at Kathu
Nangal. The Kathu Nangal police took both of them into custody. The police nabbed
them while they were bathing in the pond of the gurdwara. The family members did
not come to know about the arrest until they read a report in the Punjabi newspapers
published on 24 April 1992 stating that three militants were killed in an encounter
with the Mehta police, led by the SHO, near village Doburji. The report named the
dead militants as Kewal Singh, resident of Dhiwan, Harjit Singh of Nawan Pind and
Balkar Singh of Kot Majlis village. The report said that their fourth companion Harnek
Singh of Datepur village managed to escape.
The police carried out the cremations without informing Kewal Singhs family
members. Hazara Singh, accompanied by some village elders, went to the gurdwara
at Kathu Nangal where eye-witnesses to the arrests confirmed that they had been
taken into custody while bathing in the pond of the gurdwara.
It is not clear what happened to the bodies of the other two persons reported
killed in the same encounter at village Doburji since the CBIs list shows only Kewal
Singhs cremation. There are no corresponding entries, either, in the other two lists
of cremations prepared by the CBI.
368. Under serial no. 392/78, the list identifies the cremation of Angrez Singh,
s/o Charan Singh, r/o Jalalabad, carried out by the Beas police on 27 April 1992
under FIR no. 53/92. There is no post-mortem report number and the cause of death
is mentioned as police encounter.
its incident report form no. CCDP/01330. The victims mother is the main informant.
Twenty-one-year-old Angrez Singh was the youngest in a family of baptized,
devout Sikhs comprising father Channan Singh, wrongly mentioned as Charan Singh
in the CBIs list, mother Harbhajan Kaur and four brothers and sisters. They lived in
village Jalal Usman under Mehta police station in Baba Bakala sub-division of Amritsar
district. Angrez Singh gave up school to engage in farming, along with his father and
brothers and, according to his family members, was not involved in any illegal activi-
ties. However in 1991, the Mehta police arrested him on the suspicion of possessing
a revolver; however, they did not recover any weapons from him. The police tortured
him nevertheless, also implicating him in a case under the Arms Act. Angrez Singh
was released from jail after seven months.
Late evening on 20 April 1992, exactly one month after his release from jail, a
group of police officers who did not identify themselves, arrested Angrez Singh from
his house in the presence of all of his family members. They neither disclosed the
charge against him or the police station they had come from, nor where they were
taking him.
The next morning, the family members, accompanied by eminent persons of the
village, went to Mehta police station. The Mehta police denied any knowledge of
Angrez Singhs arrest. For the next three days, the family continued to look for him at
different police stations. Finding out that Angrez Singh was indeed in the custody of
Mehta police, they met DSP Darshan Singh Mann at Baba Bakala who said that their
boy was under interrogation at Beas police station and, if they came back to him after
two days, he would try to help. This was on April 25. On April 27, the family went
back to meet him. The DSP now said that the police had killed Angrez Singh in an
encounter the previous night and that he would allow them to collect his ashes
from Seetla Mandir cremation ground.
The police terror was at its peak in those days and there was nothing the family
could do to question the cold-blooded murder committed premeditatedly.
The partially identified list duplicates the record of Angrez Singhs cremation
Under serial no. 391/56. Although his name is incorrectly recorded as Amrik Singh,
his fathers name is recorded as Charan Singh. He was cremated the same date under
the same FIR no.
369. Under serial no. 393/79, the list identifies the cremation of Dilbagh Singh, s/
o Menga Singh, r/o Pheruman, Beas, carried out by SHO Basan Singh of Beas
police station on 29 April 1992 under FIR no. 55/92.
There is no post-mortem report number and the cause
of death is given as bullet injuries.
CCDP/00767. The victims father is the main informant
in this case.
Twenty-three-year-old Dilbagh Singh alias Baga, son
of Mehnga Singh and Gurmej Kaur, was a dairy farmer
from village Pheruman, Patti Sarnaga Di, under Beas
police station, in Baba Bakala sub-division of Amritsar
Dilbagh Singh
district. His father was a small farmer with only two acres of land. After completing
his school education, Dilbagh joined the army on a temporary basis and served as a
motor mechanic at a garrison in Leh, the main city in Laddakh in Jammu and Kashmir
State. For three years, he worked for the army and then went back to his village to
open a dairy farm. Dilbagh was unmarried and lived with his parents, his married
elder brother Jagtar Singh and his younger brother Mukhtiar Singh. He had no
political or militant background and had never been arrested.
Around 7 p.m. on 13 August 1992, a group of policemen from Beas station led by
head constable Anant Ram came to the booth where Dilbagh sold his diary prod-
ucts. When the police arrived, Dilbagh was away fetching milk, but his partner Sher
Singh was present at the shop. Not finding Dilbagh, the police went to look for him
at his house. Meanwhile, Dilbagh returned to the shop with the milk and came to
know that the police were looking for him. Sher Singh advised him to go away, but
Dilbagh said that he was not a thief and had nothing to fear. Soon, the group of
policemen came back and head constable Anant Ram told Dilbagh Singh that SHO
Wassan Singh of Beas station wanted to talk to him urgently in connection with the
investigation of a case. Dilbagh agreed to come along. His depature with head con-
stable Anant Ram was witnessed by a large group of people who had meanwhile
gathered at the milk shop.
Within an hour of their departure, Dilbaghs father Mehnga Singh came to the shop
with some breakfast for his son. Sher Singh and others who had gathered there told
him what happened and several prominent persons of the village, including all of the
members of the village council, volunteered to go with him to Beas police station to
find out what the matter was. They went to the police station and met SHO Wassan
Singh who told them to return the next day and take Dilbagh Singh back then.
For the next seven days, SHO Wassan Singh kept assuring them that Dilbagh
would not come to any harm and the police would release him soon. On the seventh
day, Mehnga Singh received a message from his son through a constable to make
vigorous efforts to get him out. Mehnga Singh got worried and asked a prominent
person of the village to speak to the SHO in private. It took several days for this
person to meet the SHO and to discuss the matter with him. The SHO again promised
to let Dilbagh out the next morning. However, when this person came out of the
SHOs room he was in tears. He felt that the SHO did not mean well.
That night Mehnga Singh heard many gunshots and became apprehensive for
his sons life. Although the sound of gunfire was not uncommon in those days, he
feared that the police might be staging an encounter to eliminate Dilbagh. His appre-
hensions proved real. The next morning, a boy from the village who used to drive a
Tempo-taxi for hire came to deliver a message that Dilbagh had been killed the last
night and his body was lying at Raiyya police station. The boy also said that the
police was taking the body to Amritsar Medical College to carry out a post-mortem.
On receiving this message, all of the family members and several village elders
went to the Medical College where a police head constable allowed them to take a
look at the body, which had a bullet injury in the chest. The policemen also let them
attend the cremation at Seetla Mandir cremation ground and even perform religious
rituals. The next day, they went back to collect his ashes. The newspapers that day
carried a story about the killing of Dilbagh Singh, identified as a militant, in an
encounter that had allegedly occurred on the canal bridge at village Nijher-Tong.
Dilbaghs murder left a deep impression on his elder brother who started drinking
excessively, also taking drugs. He died in 1997, leaving behind his widow Balwinder
Kaur and three children. Mehnga Singh and his wife Gurmej Kaur too have become
very depressed and are no longer able to work. Their only surviving son Mukhtiar
Singh, who remains unmarried, shoulders the family responsibilities.
370. Under serial no. 395/80, the list identifies the cremation of Gurdev Singh, s/
o Harbans Singh, r/o Pakhoke, carried out by ASI Lakhbir Singh of Jandiala police
station on 6 May 1992 under FIR no. 62/92. The post-mortem report number is
given as 6. 5. 92 and the cause of death is mentioned to be bullet injuries.
CCDP/01100:
Twenty-year-old Gurdev Singh was from Pakho Ke
village, Charhdi Patti, within Tarn Taran sub-division of
Amritsar district. His father Harbans Singh was a black-
smith and had a small workshop in the village. His elder
brother Baldev Singh was a constable with the Punjab
police. But his parents persuaded him to resign from
fear of Sikh militants who used to target policemen and
their families for murderous attacks. Gurdev Singh later
became a carpenter. After completing his school educa-
tion, Gurdev started learning his fathers profession by
working under him. Gurdev was unmarried and his younger brother Gulzar was still a
school student.
One day in the last week of April 1992, Gurdev had gone to Jandiala Guru to buy
school books for his younger brother Gulzar. The police arrested him from a watch-
repair shop in Jandiala Gurus main market along with Manjinder Singh, s/o Thakar
Singh, and Major Singh, s/o Jagir Singh, both from his village. The watch-repair
shop in bazaar Sheikh Patta belonged to Beera Singh. Manjinder was wanted by the
police, but Gurdev had no connection with him. They may have met in the market by
coincidence and, being from the same village, they may have started chatting.
Gurdevs house in Pakho Ke village was not far from Jandiala town and his family
members soon found out about his arrest. Accompanied by the head of the village
council and other elders, Harbans Singh went to Jandiala Guru police station and met
SHO Udham Singh who brazenly denied arresting the boys. Gurdev Singh went to
several politicians in Amrisar for help. But all his efforts were in vain.
On 7 May 1992, Harbans and his family members read a report in the newspaper,
Ajit, which announced the killing of Gurdev Singh and Manjinder Singh in an en-
counter near village Dala Kalan that allegedly occurred when the police were taking
them for the recovery of weapons. Some militants lying in ambush reportedly at-
tacked the police vehicle and, in the ensuing cross-fire, both of them supposedly
died. The police had already cremated the bodies at the Durgiana Mandir cremation
ground on 6 May 1992. The families collected the ashes from the cremation ground.
The newspaper reports about the encounter killings identified both Gurdev Singh,
s/o Harbans Singh, and Manjinder Singh, s/o Thakar Singh, and their families
Gurdev Singh
collected their ashes from the cremation ground on 7 May 1992. However, the CBIs
list of identified cremations shows only the cremation of Gurdev Singh on 6 May
1992. The CBIs list of partially identified cremations records the cremation of
Manjinder Singh, s/o Kakkar Singh, Under serial no. 396/58. The post-mortem report
is marked as WD/368 6.5.1992, and the cause of death is given as bullet injuries.
Manjinder Singhs experiences are summarized in the appropriate section. The CBIs
third list of unidentified cremations, Under serial nos. 397/259 and 398/260, shows
that the Jandiala police carried out two cremations on 6 May 1992, marked as uniden-
tified, under the same FIR no. 62/92.
Several weeks later, the police released Major Singh, s/o Jagir Singh, who the
police had arrested along with Gurdev and Manjinder. Apparently, his parents had
paid a hefty sum of money to the SHO to save his life. Major Singh later told Harbans
Singh and other village elders that after the arrest that the police drove them straight
to Mall Mandi interrogation center in Amritsar where all three boys got segregated.
He did not know what happened to Gurdev and Manjinder thereafter. Major Singh,
however, died six months after coming out of illegal police custody.
The CBI, in its report about this case filed before the CBIs court at Patiala, seems
to have exonerated the police of all blame.
carried out on 12 May 1992 by the SHO of Lopoke police station under FIR no. 58/
92. They are of [1] Lakhwinder Singh alias Lakha, s/o Surjit Singh, r/o Chak
Kamal Khan, Ajnala; and [2] Harjit Singh alias Hari Singh, s/o Kashmir Singh, r/
o Buttar, near Mehta. There is no post-mortem report number. The cause of death is
given as bullet injuries.
its incident report form nos. CCDP/01173 and 01282. The main informants in these
cases are Kashmir Singh, father of Harjit Singh, and Jagir Kaur, mother of Lakhwinder
Singh.
Twenty-year-old Lakhwinder Singh alias Lakha, son of late Surjit Singh and Jagir
Kaur, was a resident of village Chack Jamal Khan, post office Soran in Ajnala sub-
division of Amritsar district. His father died in 1984 when Lakhwinder was very
young. His brother Pragat Singh was an assistant sub-inspector of Punjab, and had
no time to look after the family or to attend to agricultural work. For these reasons,
Lakhwinder had to give up school. He tried to add to the family income by vending
milk. According to his family members, Lakhwinder did not have any political or
militant connections.
On 10 May 1992, SHO Dharam Singh of Lopoke police arrested Lakhwinder from
the house of Angrez Singh, s/o Nahar Singh, at village Jajje. The same evening, his
brother ASI Pargat Singh met SHO Dharam Singh and pleaded with him to save his
brothers life. Dharam Singh promised not to harm his brother and proposed to
release him after a few days of interrogation.
Lakhwinder, along with Harjit Singh, s/o Kashmir Singh from Butter village, was
declared killed in an encounter staged on 11 May 1992 night near village Dhawinda
Kalan. On May 13, the newspapers reported that the police were taking Lakhwinder
and Harjit for recovery of arms when a group of militants tried to rescue them from
police custody. The story said that both were killed along with a militant in the
resulting encounter.
Under serial no. 402/261, the CBIs list of unidentified cremations shows that the
SHO of Lopoke police station carried out a cremation on 12 May 1992. In this case,
no post-mortem report is mentioned.
After reading the newspaper story, Lakhwinders family members approached
the Lopoke police and got permission to collect his ashes from the Durgiana Mandir
cremation ground.
The family did not take any action from the fear that it may adversely affect the
career of Pragat Singh, Lakhwinders elder brother who was an ASI. However, Pragat
Singh himself died in a road accident some time later.
In the case of Harjit Singh, his father Kashmir Singh continued to agitate and
managed to involve Amnesty International in launching a campaign for accountabil-
ity and action. Kashmir Singh was convinced that the report of his sons killing in an
encounter was false and aimed to demoralize him into silence.
Twenty-two-year-old Harjit Singh, s/o Kashmir Singh and Manjit Kaur, was from
village Butter Kalan, Butter Patti, under Mehta police station, in Baba Bakala sub-
division of Amritsar district. In 1992, Kashmir Singh was still working as a junior
engineer with the Punjab State Electricity Board. He retired in 1999. Kashmir Singhs
father, Baba Bishan Singh, was a renowed freedom fighter, a soldier in the British
Indian army , who had disobeyed the regimental order to proceed to America and
Europe to fight for Britain during World War II. The orders were received on 17 July
1940, but 112 soldiers of the unit, led by Baba Bishan Singh, refused the order and
took an oath to shed even the last drop of their blood for the freedom of their own
motherland, but not to wage war against other peoples merely to strengthen British
imperialism. The British government saw this as mutiny and, after a quick court
martial, hanged three persons, including Baba Bishan Singh, at Secunderabad on 6
September 1940.
Harjit, Kashmir Singhs eldest son, had trained himself as a scooter mechanic, but
later joined the Punjab State Electricity Board as a casual worker. Because of the
situation of violent unrest in Punjab at that time, his father decided to send him away
to a relative Joginder Singh in Karnataka, a south Indian state, far away from the
troubles in Punjab. Harjit found work there at the Kauda Sai Dam project. Harjit came
back to Punjab in April 1992, after the elections when the Congress party formed a
government under Beant Singhs chief ministership. After reaching Punjab, Harjit
Singh heard from his relatives that his family members were staying away from their
village home at Butter Kalan because of threats they had been receiving from uni-
dentified armed men. Harjits relatives also advised him not to go to his village yet.
However, after living with some relatives at Jattan village for some time, Harjit Singh
decided to go back to his village and see things for himself. On 29 April 1992 morn-
ing, Harjit started for his home village by bus. On the way near village Thathian, the
police had set up a checkpost under the leadership of ASI Ram Lubhaya, in-charge
of the police post at Gagar Bhana. The bus was stopped at this checkpost around 11
a.m. and Harjit Singh was made to get down by ASI Ram Lubhaya, Daljit Singh, a
former militant working for the police generally known as a Police Cat, and con-
stable Satbir Singh and several other policemen.
Kashmir Singh was at this time posted at Beas. He got the information about his
sons arrest at Thathian around 2:30 p.m. and immediately reached the site of the
incident, where the eyewitnesses confirmed the forcible abduction, but were unable
to point out where the police had taken him. Kashmir Singh then went to Baba Bakala
police post and requested the in-charge to register an FIR about his sons abduction
from a bus at Thathian village police checkpost. The in-charge of the police post
refused to do so, but sent his superior officer a message on the wireless that the
father of the abducted person wanted to get an FIR registered. This happened in
front of Kashmir Singh.
Kashmir Singh searched for his son at various police stations and police posts in
Amritsar district and also met senior police officials, including SSP Paramjit Singh
Gill, IG D. R. Bhatti. He also met DSP Darshan Singh Mann three times, beseeching
him to help. But none of them took any interest.
On 13 May 1992, Punjab newspapers carried a story about the killing of Harjit
Singh in an alleged encounter between militants and the police. The press reports
said that he had been killed along with Lakhwinder Singh, s/o Surjit Singh of Chack
Jamal Khan and another unidentified militant. First, Kashmir Singh felt shattered,
thinking that his son had been killed. Then he began to receive reports from reli-
able quarters that his son Harjit was being held at different police stations and
interrogation centers. He made efforts and managed to personally see Harjit at
Mehta Chowk police station and then at Mall Mandi interrogation center. First, he
hoped that the police might release him and met various officials to plead with
them to release his son. Encountering callousness and disinterest, he moved the
high court with a petition for a writ of habeas corpus, marked as Writ Petition No.
615/1992. Justice H. K. Sandhu issued a writ and appointed a warrant officer R. L.
Bhatia to go with Kashmir Singh and look for Harjit Singh at Mall Mandi interroga-
tion center. Both reached Mall Mandi CIA interrogation center on 17 October 1992
and saw Harjit Singh inside. However, the warrant officer was not allowed to enter
the building to meet Harjit Singh. He was made to wait till the SP in-charge of the
interrogation center, B. R. Sharma, arrived. By then, the police officials managed to
remove Harjit from the interrogation center through a back door. The warrant of-
ficer confirmed this sequence of events in his report to the high court dated 21
October 1992.
Kashmir Singh continued to receive reports of his sons illegal custody at vari-
ous places. However, he himself managed to see Harjit Singh for the last time on 4
September 1992 in Kapurthala city.
The findings of the warrant officer appointed by the high court led to two more
inquiries, conducted by the sessions judge of Chandigarh and later by the CBI. A
case filed on the basis of their findings is still pending before the additional sessions
Judge at Patiala.
Amnesty International launched a campaign to demand a transparent inquiry,
determination of facts and justice in this case. Kashmir Singh also sent petitions to
the highest officials of the Indian state, including the chief minister and governor of
Punjab, the Prime Minister and the Chief Justice of India. But these petitions have
not had any perceptible impact on the process.
373. Under serial no. 406/83, the list identifies the cremation of Debinder Singh, s/
o Darshan Singh, r/o Talwandi Dogron, carried out by ASI Dharampal of Jandiala
police on 29 May 1992 under FIR no. 88/92. There is no post-mortem report num-
ber. The cause of death is mentioned as bullet injuries.
port form no. CCDP/01104. The victims father is the main informant in this case.
Davinder Singh alias Khindri, s/o Darshan Singh Nihang and Harbans Kaur, was
a 20-year-old Mazhabi Sikh from village Talwandi Dogra under Jandiala Guru police
station in Amritsar. After completing his school, Davinder started working as a
laborer at a brick kiln near Amritsar where his father also worked. A clean-shaven
Sikh, without strong religious convictions, Davinder was a good Kabaddi player. He
had no political or militant affiliations, and the police had never arrested or ques-
tioned him in the past. Davinder was unmarried.
Early morning on 26 May 1992, SHO Udham Singh of Jandiala Guru police station
led a force to raid Davinders house and picked him up in front of his parents. The
same group of officers also picked up two others from the ame village: [1] Kuldeep
Singh, s/o Chanchal Singh; and [2] Balbir Singh, s/o Bhola Singh. Another Sikh boy
Pratap Singh alias Buddhu, s/o Harbans Singh from village Vadala Jauhal was also
taken into custody.
On 30 May 1992, Darshan Singh read a newspaper report claiming that the police
had killed his son Davinder Singh and Pratap Singh of Vadala Jauhal, declared to be
militants, in an armed encounter that allegedly occurred near village Devidas Pur.
The CBIs list of identified cremations mentions only one cremation on 29 May
1992, that of Davinder Singh. Pratap Singhs cremation is not mentioned. For some
mysterious reason, it figures in the second list of partially identified cremations, Under
serial no. 407/62. According to the second list, the cremation of Pratap Singh, s/o
Harbans Singh, r/o Jandiala, was carried out by ASI Dharam Pal of Jandiala police 29
May 1992 stated under FIR no. 88/92. His story is summarized in the appropriate section.
Subsequently, the police released Kuldeep Singh and Balbir Singh of his village,
who they had been picked up along with Davinder on May 26 morning.
carried out by the SHO of Ajnala police station on 31 May 1992 under FIR no. 36/
92. Names of those cremated are: [1] Dalbir Singh alias Beera, s/o Joginder Singh,
r/o Bindialloukh; and [2] Satnam Singh alias Sattu, s/o Sher Singh (Mazhabi), r/o
Sohian Khurd. The post-mortem report in the case of Dalbir Singh is marked as
ND/443/92. The cause of death is given to be bullet injuries.
residents of Khurd village in the case of Satnam Singh and the widow of Dalbir
Singh, Jagir Kaur.
Twenty-eight-year-old Satnam Singh, s/o late Sher Singh, was a Mazhabi Sikh
from village Sohian Khurd under Majitha police station in Amritsar. He was the
youngest of four brothers and his parents had expired when he was very young. For
some time, Satnam, like his brothers, worked as a farm laborer. Later, he started plying
a cycle-rickshaw in Amritsar city to earn his livelihood. At harvest time, he used to
return to the village to find work as an extra hand on agricultural farms. Satnam was
unmarried and had no political or militant connections.
In the first week of May, Satnam went back to his village to harvest the wheat
crop of Naajar Singh, a prosperous farmer, along with one Channa, resident of
Bhangwan village in Batala sub-division of Gurdaspur district. On May 30 morning,
Satnam and his friend Channa had finished their nights work at Naajar Singhs farm
and were returning to the village along the mud path, locally called phirni, when ASI
Swaran Singh of Sohian Khurd police post detained them on suspicion. Naajar Singh
himself witnessed their arrest and later met ASI Swaran Singh to request him to
release his farm workers. According to Naajar Singh, the ASI refused to release Satnam
Singh and interrogated him under torture. The next day, the ASI claimed that Satnam
had been transferred to Majitha police station for further interrogation. Naajar Singh
and other villagers then went to Majitha police station where the officer denied any
knowledge of Satnam Singhs arrest and declared that he was not in their custody.
Satnam did not have anyone in his family to pursue his case. There was no one
even to collect his ashes.
Naajar Singh tried to intervene, but failed to help. Later, it turned out that Satnam
was stated to have been killed in an encounter staged on May 30 itself, along with
two others. But Channa, who had been arrested along with Satnam, was not one of
those killed. Apparently, ASI Swaran Singh had released him.
The CBIs list identifies the second person cremated along with Satnam as Dalbir
Singh. Apparently, there was no connection between the two persons.
Son of Joginder Singh from village Bhindi Aulakh, Charhdi Patti, under Lopoke
police station in Ajnala sub-division of Amritsar district, his actual name was Balbir
Singh, but he used Dalbir as his alias. A farmer who also traded in cattle, Balbir 30,
was married to Jagir Kaur. Their two young sons Harnek Singh and Kuldeep Singh
are now 15 and 13.
Balbirs village Bhindi Aulakh is situated very close to Indias border with Paki-
stan and, at the advent of militancy in the state, the police began to suspect its
residents of helping militants cross the border and smuggle weapons. The police
illegally detained Balbir for questioning several times in 1986 and 1987 and tortured
him savagely although they had no evidence of his involvement in anything illegal.
Fearing further harassment, Balbir and his family left the village and began to live in
hiding. Balbir now depended on cattle trade for his living.
In the last week of May 1992, Balbir Singh went to Sorian village to purchase
some baffalos and was arrested from the house where he had taken shelter. His
widow Jagir Kaur suspects that his host had betrayed him under police pressure.
Balbir was brought to Ajnala police station for interrogation and, after a few days,
killed along with Satnam Singh in a fake encounter on May 30 night. The police
carried out the cremation without informing the family.
376 378: Under serial nos. 412/86, 413/87 and 414/88, the list identifies
three cremations carried out by the Jandiala police under FIR no. 94/92 on 5 June
1992. They are of: Gurdeep Singh alias Ranjit Singh, s/o Joginder Singh, r/o
Cheeta Kalan; [2] Nirmal Singh, s/o Bishan Singh, r/o Pandori; and [3] Jatinderpal
Singh alias Sheeta, s/o Amrik Singh, r/o Pandori. The post-mortem report
numbers are marked as RKG/457/92, ND/469/92 and RKG/58/92. The cause of
death is mentioned to be bullet injuries.
its incident report form nos. CCDP/01105, 01106 and 01107. The main informants in
these cases are Gurdeep Singhs wife Sarabjit Kaur, Jatinderpal Singhs father Amrik
Singh, and Nirmal Singhs mother Gurdeep Kaur.
Thirty-three-year-old Gurdeep Singh, son of late Joginder Singh and Swaran
Kaur, was from village Jhitte Kalan, Bundale Wale Rah, under Do Burji police station,
in Amritsar. He was a farmer married to Sarabjit Kaur and had two daughters and two
sons. The eldest daughter Kuldeep Kaur is now 21.
Gurdeep Singh, an only son, and his family of baptized Sikhs were leading a
normal life until the Indian army launched its infamous attack on the Golden Temple
of Amritsar in June 1984. The event left a deep imprint on Gurdeep Singhs mind and,
feeling alienated from the Indian establishment, he began to sympathize with the
militant movement for the establishment of a sovereign Sikh state. The police ar-
rested him on the basis of suspicion several times, interrogating and torturing him in
illegal custody. Finally, Gurdeep, fed up with these regular atrocities, decided to join
the ranks of militants himself.
In the evening on 4 June 1992, Gurdeep sneaked back into his village to briefly
visit his family. He had just entered his home when a joint group of Punjab police
from Jandiala Guru and a contingent of the Indian army surrounded the house and
took him away after arresting him. A few hours later, the Punjab police orchestrated
an encounter and killed Gurdeep Singh along with two others from Pandori Mehma
village, only one-and-a-half kilometers from Jhitte Kalan. The others killed were
Jatinder Pal Singh and Nirmal Singh.
Twenty-two-year-old Jatinderpal Singh, s/o Amrik Singh and Harjit Kaur, from
village Pandori, post office Mehma in Amritsar district had completed his school
education and begun working with his father on his agricultural farm. Jatinderpal had
never been involved in any political or militant activites and was never arrested. He
was unmarried.
Around 10 p.m. on 4 June 1992, Jatinderpal and his friend Nirmal Singh, s/o
Bishan Singh, went to the neighboring village Jhitte Kalan with the intention of
hiring extra hands to transplant paddy in his fields. The family was not aware of
anything untoward in the trip. But soon after Jatinderpal left home, they heard loud
and intermittent sounds of firing. Then they heard that the army and the police had
set up a checkpost on the way to Jhitte Kalan and they could not venture out.
Jatinderpal and his friend Nirmal Singh did not return home that night.
Twenty-two-year-old Nirmal Singh alias Nimma, s/o Bishan Singh and Gurdeep
Kaur, from village Pandori Mehma, Nigah Patti, was a mason by profession. He had
no political background and had never been arrested or interrogated by the police.
Nirmal was also unmarried. When his friend Jatinderpal met him that evening with
the request to accompany him to Jhitte Kalan for hiring farm laborers, he had no
reason to hesitate.
The next morning, the Jandiala Guru police brought three bodies to Pandori
Mehma village and asked everyone to come out to identify them. Jatinderpal Singh
and Nirmal Singh, along with Gurdeep Singh of Jhitte Kalan, had been declared killed
in an encounter. Newspaper reports that day said that three militants had been killed
in a fierce encounter with the Jandiala police.
In the prevailing atmosphere of police terror, the families were unable to do
anything. They attended the cremations carried out by the police, and brought back
the ashes for their ritual immersion in a river.
four cremations carried out by the Jandiala police on 5 June 1992 under FIR no.
96/92. They are of: [1] Jagtar Singh, s/o Dilip Singh, r/o Kairon; [2] Sarwan Singh,
s/o Mohinder Singh, r/o Makhi; [3] Satnam Singh, s/o Jarnail Singh, r/o Kairon;
and [4] Hardeep Singh, s/o Sajjan Singh, r/o Bath. The four post-mortem reports
are marked as WD/438/92, WD/460/92, WD/461/92 and WD/462. The causes of
death are mentioned to be bullet injuries and police encounter.
The committee has acquired the following information about three of these
cremations through its incident report form nos. CCDP/00134, 01545, 00683 and
01144. The main informants are Jagtars brother Gurmej Singh, Sarwan Singhs
mother Sawinder Kaur and other residents of Kairon village, and Hardeeps mother
Gurmej Kaur.
Thirty-two-year-old Jagtar Singh alias Jagga, son of Dalip Singh and Prakash
Kaur, resident of village Kairon [Mehlan Wale] under Patti sub-division of Amritsar
district, earned his livelihood as a truck driver. He was married to Harjit Kaur and they
had two sons. The oldest son who was then four, died later from the shock of his
fathers murder. The younger son Gurlal Singh, who was then just 35-days old, is
now10. According to his mother, Jagtar had never been involved in political or
militant activities.
Twenty-year-old Sarwan Singh, son of Mohinder Singh and Sawinder Kaur, was,
like Satnam Singh, a truck driver resident of Margindpura, Patti Jagge Ki, under
Bhikhiwind police station, in Patti sub-division of Amritsar district. Sarwan and
Jagtar were close friends. Sarwan was unmarried and was not directed involved with
the militant movement, unlike one of his older brothers Dilbagh Singh who took
active part in it. The police eventually captured and killed Dilbagh at Jagatpura
village under Jhabbal police station.
Early in the month of June 1992, his mother Prakash Kaur does not remember the
exact date, Jagtar borrowed the scooter of his employer, a commission agent, and
together with Sarwan Singh went to visit a relative at village Jharu Nangal. On the
way, the Jandiala Guru police arrested both of them. Prakash Kaur learnt about it
when the commission agent, who had lent his scooter to Jagtar Singh, visited her
after making inquiries at the police station. He was eventually able to recover his
scooter from the police station.
Prakash Kaur tried to talk to the SHO of Jandiala Guru police station who abused
her and turned her out. On 8 June 1992, in the daily Ajit, she read about the killing of
Jagtar Singh, along with three others, in an alleged encounter with the police. When
she approached the SHO again, he told her to visit the Durgiana Mandir cremation
ground where the attendants pointed out four heaps of ashes and asked her to
collect any one of them.
Nineteen-year-old Satnam Singh alias Satta, the only son of Jarnail Singh and
Gurnam Kaur from Hambo ki Patti in village Kairon, was one of the persons cremated
along with Jagtar Singh on 5 June 1992. He was unmarried and worked as a construc-
tion laborer.
On 4 June 1992, the police picked him up from his house in front of his parents.
They learnt about his killing from a newspaper report about an alleged encounter
resulting in his death, along with three other militants. The parents being unedu-
cated and poor could do no more than search for him in all the police stations in their
area. After reading the news report about his killing, they went and collected his
ashes and also got back the clothes he was wearing when he was killed.
Nineteen-year-old Baljit Singh alias Hardeep Singh, son of Sajjan Singh and
Gurmej Kaur, was a higher secondary school student from Baath village, Lehndi
Patti, under Tarn Tarans Sadar police station. According to his mother Gurmej Kaur,
Baljit had never been arrested or interrogated before this incident.
In the morning on 1 June 1992, two policemen in plainclothes came to Baljits
house and tried to drag him away to their vehicle parked at some distance. Noticing
this, Gurmej Kaur came out of the house and asked the two in plainclothes why they
were forcing her son to go with them. The policemen said that they wanted his
directions to reach someones house and pushed him into a large blue-colored ve-
hicle and went away.
When Baljit did not return home for a long time, his family members began to get
worried. First, they made inquiries in the village and then went to various police
stations in Tarn Taran sub-division, but did not receive any information.
The family members could not find out anything about what happened to Baljit
Singh alias Hardeep until the CCDP members pointed out to them that he had been
cremated by the Jandiala Guru police at Durgiana Mandir cremation ground on 5
June 1992, along with five others as stated under FIR no. 96/92.
383. Under serial no. 426/93, the list identifies the cremation of Kulwant Singh alias
Kanta, s/o Santokh Singh, r/o Ratool, carried out on 21 June 1992 by Gurwinder
Singh of Kathunangal police station, under FIR no. 46/92. The post-mortem record
is marked as RKA/69/92. The cause of death is given as police encounter.
port form no. CCDP/01518. The main informant is the victims father.
Kulwant Singh, (15), son of Santokh Singh and Charan Kaur, was a Mazhabi Sikh
boy from village Rataul, Mazhabian Da Vehra, under Tarn Tarans City police station.
Kulwant never attended school and used to work as a laborer to support his poor
family. Although a Mazhabi Sikh, he was also very religious minded and used to
participate in the campaigns to organize voluntary labor for the renovation and
maintainance of important gurdwaras. Sometimes, as a member of such a voluntary
force, he used to be away from home for weeks together. Kulwant was unmarried.
In June 1992, Kulwant had joined a team of voluntary laborers to do some work at
Gurdwara Guru Ka Bagh near Amritsar. When he did not return home for weeks, his
father Santokh Singh went to the shrine and asked the in-charge of the voluntary
force, called kar sewa. He was told that one day when Kulwant had gone to a
village to collect cattle from Sikh households, the police arrested him and since then
his whereabouts were not known.
As a poor man without resources and contacts, Santokh Singh was unable to
pursue the case of his sons arrest and returned home. The family hoped that Kulwant
would be released from police custody and come back. But there has been no trace
of him since his arrest. After six months, some policemen came to his house to make
an inquiry about Kulwant and his family members, but did not disclose what had
happened to him.
Santokh Singh heard from the CCDP members for the first time about the 21 June
1992 cremation of his sons body by Kathu Nangal police at Durgiana mandir crema-
tion ground at Amritsar. It seems that newspapers on 21 June 1992 had reported the
killing of three militants named Gurbhej Singh Bheja, Harpreet Singh and Kulwant
Singh in an encounter near Bhilowal village in Majitha police district. Clearly, the
report referred to Kulwant Singh, son of Santokh Singh of Rataul village. However,
the CBIs list does not show what happened to the other two bodies.
384. Under serial no. 429/95, the list identifies the cremation of Jaswinder Singh,
s/o Mohinder, r/o Talwandi Shipimal, carried out by the Majitha police on 25 June
1992 under FIR no. 68/92. The post-mortem report number is marked as GM/645/
92 and the cause of death is noted as police encounter.
Shubhdev Singh.
Twenty-year-old Jaswinder Singh alias Jassa, s/o Mohinder Singh and Gurbachan
Kaur, r/o village Talwandi Sipahi Mall, under post office and police station Jhander,
in Ajnala sub-division of Amritsar district, was a baptized Sikh who completed his
school education and then became a farmer. In January 1989, Jaswinder got married
to Palwinder Kaur. Their only son Harpreet Singh is now 11.
Some months after his marriage, the police began to raid Jaswinders house to
arrest him. Jaswinder was wary of illegal detention and torture and slipped away from
his house. The police then started detaining his family members and torturing them
for information about his whereabouts. The police especially singled out his broth-
ers for torture and did not allow them to cultivate their land. Finally, to escape police
atrocities, his entire family decided to leave the village.
Around 4 p.m. on 24 June 1992, Jaswinder was arrested from the house of Balwinder
Singh, s/o Veer Singh, an employee of the state electricity department, from Khatrai
Kalan, which is less than a kilometer-and-a-half from Talwandi Sipahi Mall. SHO
Gurbinder Singh of Majitha police directed the raid and arrest, and also took Balwinder
into custody. Within an hour of making the arrests, the police staged an encounter
and killed Jaswinder Singh, identified as a militant in newspaper reports that ap-
peared the following day. Balwinder remained in illegal police custody for a month
and then was released under pressure from the electricity department.
About the killing and the cremation of Jaswinder Singh, his family members did
not receive any direct information from the police. However, they managed to collect
his ashes from the Durgiana Mandir cremation ground.
Jaswinders widow Palwinder Kaur has since remarried.
385. Under serial no. 430/96, the list identifies the cremation of Gurbaljit Singh
alias Gurjit alias Bittu, s/o Sewa Singh, r/o Lohgar, Beas, carried out by Beas
police on 25 June 1992 under FIR no. 75/92. The post-mortem report number is
marked as GM/642/92 and the cause of death is stated to be police encounter.
its incident report form no. CCDP/01315. The main informant in this case is the
victims brother Jasbir Singh.
Twenty-year-old Gurbaljit Singh, from Lohgarh village near Raiyya within Baba
Bakala sub-division of Amritsar district, was the youngest son of Sewa Singh, the
head of his village council and the former chairman of the market committee of
Raiyya. In school, Gurbaljit was influenced by the militant movement for a sovereign
Sikh state. He gave up school, joined the ranks of an underground militant organiza-
tion and began to live away from home. The police regularly raided his house and
detained and tortured his family members for information.
On 21 June 1992, SHO Wassan Singh of Beas police station arrested Gurbaljit
from the house of a Mazhabi Sikh in Thathian village. Sewa Singh found out about
the arrest and tried unsuccessfully to plead with the SHO to save his sons life. The
SHO denied arresting Gurbaljit. The Beas police, however, killed him in an encoun-
ter staged three days after his arrest and cremated his body at the Durgiana Mandir
cremation ground. Sewa Singh was unable to take any action from the fear of further
retaliation by the police.
386. Under serial no. 434/99, the list identifies the cremation of Surjit Singh, s/o
Gareeb Singh, r/o Chajalwadi, carried out on 3 July 1992 by the Jandiala police
under FIR no. 127/92. There is no post-mortem report number. The cause of death
is mentioned to be police encounter.
The committee has collected the following informa-
CCDP/01110. The main informant is the victims brother
Satnam Singh.
Twenty-one-year-old Surjit Singh, alias Sappi, s/o
late Gareeb Singh and Anant Kaur, was a resident of
village and post office Chhajalvaddi, Sarlian Wala Raah,
within Baba Bakala sub-division of Amritsar district.
The father of Surjit Singh, a baptized Sikh and the
youngest in the family, had died in 1983. The eldest
brother Bachitter Singh was working in the Birla Ce-
ment factory in Madhya Pradesh and came to visit his
family in the village occasionally. Surjit gave up his
studies after passing the matriculation examination, and began to help his brother
Satnam Singh in the agricultural work. Surjit had also been an avid student of the
Sikh scriptures and was often asked to read the Guru Granth Sahib by the people
from neighboring villages on ceremonial occasions. This allowed Surjit to supple-
ment his income.
The village Chhajalvaddi had also been the native place of Surjit Singh Painta
who had left his home to join the militant ranks soon after June 1984. The police used
to routinely pick up young Sikhs of the village, interrogate and torture them for
information about Paintas whereabouts and their possible links with him. Surjit and
Satnam had also gone through these vexations. Otherwise, they had never been
arrested in connection with any militant crime.
Surjit Singh
On 3 July 1992, Surjit Singh was returning in a tonga (horse-driven carriage) from
village Muchhal after giving a recital of Sikh scriptures. Another young Sikh Dalbir
Singh from Varana village in Tarn Taran was also riding on the same tonga. SHO
Udham Singh of Jandiala Guru police station stopped the tonga when it came on to
the Grand Trunk road. Immediately, the SHO took out his revolver and without
saying or asking any questions, shot both Surjit and Dalbir dead. Half-an-hour later,
the Jandiala Guru police went to Surjits house and brought his uncle Bhagwan
Singh, his cousin Lashkar Singh and the head of the village council, Harbhajan
Singh, to Jandiala Guru police station to identify the bodies. The SHO also admitted
that innocent persons had been killed by mistake. The police and the army had
been engaged in a combing operation of Muchhal village that day because of the
information that some militants were hiding there. The SHO had mistaken Surjit and
Dalbir, with their conspicuous symbols of baptized Sikhs, to be militants and had
shot them dead.
The police version of the incident, reported by the Punjabi newspapers, includ-
ing Ajit, on 4 July 1992 was different. The police claimed that during a search opera-
tion near village Muchhal in Majitha police district, a militant was killed in an en-
counter and one of his accomplices died after consuming cyanide. The police also
claimed to have recovered a revolver and its cartrideges from the site.
The CBIs list of identified cremations only shows the cremation of Surjit Singh
on 3 July 1992. For some unknown reason, the cremation of Dalbir Singh alias Rana,
from Varana village under Tarn Tarans Sadar police station, is recorded in the CBIs
partially identified cremations Under serial no. 435/69. The cremation on 3 July 1992
by Jandiyala Guru police was under FIR no. 127/92 and the post-mortem report is
marked as ID/491/92. The cause of death in both the cases is given as police en-
counter and the version given to the press by the police about one of the militant
committing suicide is not reflected in the lists.
tions carried out on 5 July 1992 by the Lopoke police under FIR no. 79/92. They are
of [1] Sukhwinder Singh, s/o Dalip Singh, r/o Manowala and [2] Sucha Singh, s/o
Bhagwant Singh, r/o Mandiawala. There is no post-mortem report number. The
port form nos. CCDP/01615 and 01611. The main informants are Sukhwinders sister
Lakhbir Kaur and Sucha Singhs widow Sheelo.
Twenty-four-year-old Sukhwinder Singh, son of Dalip Singh and Mohinder Kaur,
was a young farmer from village Manawala, Theh Utte, under Lopoke police station,
in Ajnala sub-division of Amritsar district. He was married to Sarabjit Kaur and had
three young sons.
Sukhwinder himself was not involved with the militancy but his sister Lakhbir
Kaurs husband Kashmir Singh, s/o Harwant Singh of Rajoa village (near Harjowal),
was suspected of maintaining such links and had been arrested and tortured for
information a number of times. In September 1991, Lopoke police arrested and tor-
tured Kashmir Singh so severely that he died at Guru Nanak Hospital in Amritsar on
12 September 1991. The Lopoke police also used to arrest and interrogate Dalip
Singhs family members, including his sons, because of Kashmir Singh.
Twenty-five-year-old Sucha Singh, son of Bhagwan and Poono, was a farmer
from village Mandia Wala, post office Bhilowal, under Lopoke police station, in
Ajnala sub-division of Amritsar district. The youngest of four brothers, Sucha Singh
was married to Sheelo and had a daughter Harjinder Kaur who is 11 old now.
Mandiala Wala village is very close to the India-Pakistan border and Sucha
Singhs ancestral agricultural land is located along the fence put up by the security
forces to demarcate it. Although Sucha Singh and his family members were not
involved with any political or militant group, the local police suspected them of
helping militant groups in smuggling weapons from Pakistan.
Around 10 a.m. on 1 July 1992, a group of policemen from Lopoke station came to
Sukhwinder Singhs agricultural farm, which was then located close to Lodhi Gujjar
village, when Sukhwinder, his brother and father Dalip Singh were transplating paddy.
The policemen directed all three to come along with them to the police station. At
Lopoke police station, SHO Dharam Singh brutally tortured Sukhwinder, also man-
handled his father and his elder brother. The police accused Sukhwinder of helping
militants and locked him up in a separate cell. No one could pursue their case be-
cause there was no other male in the family to do so.
On 6 July 1992, newspapers published a statement issued by the SSP of Majitha
about the killing of two militants Sukhwinder Singh and Sucha Singh in an encoun-
ter. According to the SSP, the associates of the militants tried to rescue them from
police custody while they were being taken for the recovery of weapons. The police
carried out the cremations while Dalip Singh and his elder son were still locked up at
Lopoke police station.
The Lopoke police released Dalip Singh and his elder son several days later. The
police continued to raid their house and, fearing that they might also kill his elder
son, Dalip Singh sold all his land and left Punjab. Right now only his daughter
Lakhbir Kaur, widow of Kashmir Kaur, lives in Dalip Singhs ancestral house at
village Mana Wala. She still fears police reprisal and refused to disclose the name of
her elder brother.
Sucha Singh of Mandia Wala village was also shown to have been killed in the
same encounter with Sukhwinder Singh and cremated along with him on 5 July 1992.
Around 1 or 2 July 1992, Sucha Singh and his wife were going on their tractor to a fair
at village Bhindi Saida where people traditionally donate firewood. Thus, Sucha
Singh and his wife had also loaded their tractor with firewood. When they came to
village Bhindi Aulakh, very close to the grounds on which the fair was being held,
the police stopped them and took them into custody. The police tied Sucha Singhs
hands behind his back and blindfolded him. Initially, the policemen wanted to arrest
his wife too but, after some consultation among themselves, let her go. The police
also confiscated the tractor-trolley. His wife Shiloo returned home and informed the
family about Sucha Singhs arrest. The family tried to meet SHO Dharam Singh but
were asked to meet someone very close to him. This person, acting as a middleman,
demanded money for Sucha Singhs release and, fearing that the police might elimi-
nate him in a fake encounter, the family paid up.
It wa through a newspaper report on 6 July 1992, that the family learnt that Sucha
Singh was killed along with Sukhwinder Singh in an encounter. Two days later, the
Lopoke police again raided Sucha Singhs house and arrested his elder brother
Karam Singh. They detained him illegally for nearly two weeks and then implicated
him in a case under TADA.
389 391. Under serial no. 439/103, 140/104 and 441/105, the list identifies three
cremations carried out by ASI Kashmir Singh of Beas police on 13 July 1992, under
FIR no. 79/92. The names of those cremated are: [1] Manjit Singh alias Gurella, s/o
Pyara Singh, r/o Sathiala; [2] Balwinder Singh, s/o Dalbir Singh, r/o Khasa, Sathiala,
district Kapurthala; and [3] Ranjit Singh, s/o Jagir Singh, r/o Dolpur, PS Sadar
Batala, district Gurdaspur. The post-mortem reports are marked as SPG/775, SPG/
347 and SPG/348/92. The cause of death is given as police encounter.
The committee has collected the following information about Manjit Singh through
Sukhjit Singh.
Twenty-four-year-old Manjit Singh alias Pappu, son of Piara Singh and Harbans
Kaur, was a constable of the Punjab police and resident of Sathiala village, Patti Khan
Ki, under Beas police station, in Baba Bakala sub-division of Amritsar district. He was
married to Mandeep Kaur and had three sons. The eldest Gurpreet Singh is now 17.
Having joined the Punjab police in 1986, Manjit Singh worked for the police till
1988 without any problems. In that year, the headman of the village council of Sathiala,
(retired) Brigadier Gurbachan Singh, complained to the SSP that Manjit had links
with militants. Gurbachan Singh was an influential man with a long history of family
feud with Manjit Singh. Having retired from a high position within the Indian army ,
he also had contacts with important officials and politicians. The SSP of Majitha
police district took the complaint seriously and had Manjit Singh arrested and inter-
rogated at Mall Mandi interrogation center at Amritsar for nearly three weeks. Al-
though the interrogation had been harsh, nothing could be established to implicate
Manjit Singh and he was reinstated to his position at Yodhe police post under Beas
police station.
Gurbachan Singh now took up his complaint against Manjit Singh with higher
officials of the state administration and got Manjit Singh arrested under the National
Security Act, providing for two years of detention without trial. When Manjit Singh
came out of jail, the police started conducting raids, arresting and torturing him
frequently. Manjit Singh was finally fed up and, left home to join the underground
militant movement. Now, the police started tormenting his family members.
Around 9 a.m. on 12 July 1992, Manjit Singh was taking a walk near Gurdwara
Taheria Wala in his village Sathiala when he was surrounded by the Beas police and
shot dead at a close range. According to several eye-witnesses, the police had
neither tried to arrest him nor had Manjit attempted to escape. Also, he had no
weapon on him to fight back.
The same day, in a separate incident, the police killed police two other young
Sikhs at Sathiala village and claimed that all three had died in a encounter. The two
others killed the same day are Balwinder Singh Khassan and Ranjit Singh of Dhaulpur.
The Beas police did not return their bodies to the families, instead cremated them
at Durgiana Mandir cremation ground on 13 July 1992.
392. Under serial no. 444/106, the list identifies the cremation of Paramjit Singh,
s/o Trilok Singh, r/o Udoke, carried out by Mehta police under on 17 July 1992,
FIR no. 72/92. The post-mortem report number is marked as GM/756/92 16.6.1992.
The cause of death is given as police encounter.
its incident report form no. CCDP/01285. The main informant is the victims daughter
Sharanjit Kaur.
Thirty-five-year-old Paramjit Singh, s/o Trilok Singh and Swaran Kaur, was a
farmer from Udoke village, Ker Wala Patti, under Mattewal-Chogawan police station,
in Baba Bakala sub-division of Amritsar district. A baptized Sikh, Paramjit was mar-
ried to Manjit Kaur. They had a daughter, Sharanjit Kaur, now 17 and two sons,
Gurpreet Singh and Gangandeep Singh, 16 and 14.
Paramjit was the eldest of four brothers and while he was still at school and was
preparing to appear for the matriculation examination, his father Trilok Singh, former
head of the village council, was murdered because of a land dispute. His fathers
murderer Chanchal Singh later joined the ranks of a militant outfit and even confis-
cated a licensed rifle that Paramjit possessed. But the police suspect Paramjit of
helping militants, and of giving them food and shelter in his house which was lo-
cated on the outskirts of the village, in the middle of his agricultural farm. This was
the situation many people in Punjabs villages were caught in at this time. They were
caught between the militants on the one hand, and the atrocities and indiscrimina-
tion of the police establishment, on the other.
Paramjit was in a similar bind. In 1991, after some militants snatched away his
licensed rifle, the police, instead of recovering it or even offering him protection,
registered a case against him under the Arms Act. After he came out of jail, six
months later, some militants again attempted to kill him. Paramjit went to hiding.
Around 1 p.m. on 16 July 1992, SHO Sarabjit Singh and head constable Surjit
Singh Bazigar from Mehta police station raided the house of Paramjit Singh who had
just returned from working on his fields. They took him into custody and went away.
His wife Manjit Kaur rushed to her parents village Nanu Ke near Amritsar and
requested her brothers to try and save her husbands life. However, before they
could do anything, the police staged an encounter outside Udoke village and
killed Paramjit. A report about the encounter and the killing of a militant named
Paramjit Singh appeared in several newspapers on 18 July 1992. The SHO permitted
Paramjits family members to attend the cremation, carried out by the police, at the
Durgiana Mandir cremation ground.
When the family returned home after attending the cremation, head constable
Surjit Singh Bazigar arrived with a police force and burnt down all household items,
the tube-well room oo his farm and the doors of the house. The family was so
terrorized by this action that they ran away and did not return to the village for one
whole year. The loss of the property and agricultural income was estimated to be
more than Rs. 100,000.
393 394: Under serial nos. 446/108 and 447/109, the list identifies two crema-
tions carried out by SI Balbir Singh of Kathunangal police on 19 July 1992 under
FIR no. 56/92. They are of: [1] Patwinder Singh alias Billa, s/o Hari Singh, r/o
Khojkipur; and [2] Sawinder Singh alias Shantlu, s/o Acchar Singh, r/o Manga
Sarai. The post-mortem reports are marked as ND/522/92 and ND/523/92. The
cause of death is given to be police encounter.
The committee has collected the following information about Sawinder Singh
from its incident report form no. CCDP/01292. The main informant is Sawinder Singhs
father Shiv Singh, whom the CBIs list wrongly identifies as Acchar Singh.
Thirty-year-old Sawinder Singh alias Chhindu, son of Shiv Singh and Surjit Kaur,
was a resident of village Manga Sarai, post office Dhadde, under Kathu Nangal
police station, in Amritsar district. He was unmarried. Sawinders elder brother was a
constable with the Punjab police.
Sawinder became an Amritdhari Sikh soon after Operation Blue Star in June 1984.
He also joined the Sikh Students Federation. He was arrested in 1988 and, after
weeks of illegal interrogation under torture at the CIA staff center at Majitha, for-
mally charged with offences under TADA and the Arms Act. After he came out on
bail towards the end of 1989, the police continued to illegally detain and torture him.
Finally, he left his home to join the militants. The police now started tormenting his
family, holding his father and other family members in illegal custody and coercing
them to produce him before the police. But the family was unable to do so.
On 30 June 1992, the Andhra Pradesh police arrested Sawinder Singh and three
of his associates in Hyderabad, under the Arms Act. They were locked up in the
Hyderabad jail. The information about their arrest reached Shiv Singh on 2 July 1992
and he, together with the relatives of other boys arrested with Sawinder, immediately
left for Hyderabad. On reaching Hyderabad, they were detained for some hours
when they approached a police officer for help in locating their children. Here they
came to know that a group of Punjab police officers, led by DSP Balbir Singh of
Majitha and the SHO of the Kathu Nangal police station, were already in the city to
take Sawinder and his companions back to Punjab. Shiv Singh got scared, and
together with the relatives of the other boys, came back to Punjab without attempt-
ing to see his son.
On 19 July 1992, the newspapers in Punjab published a report about the killing of
Sawinder Singh and Patwinder Singh, also a resident of Khojkipur, in an encounter
that supposedly occurred in village Kadarabad. The police carried out the crema-
tions without informing the family. The next day, Shiv Singh went to the Durgiana
Mandir cremation ground and was told by an attendant that the Kathu Nangal police
had cremated two bodies on 19 July 1992. He collected the ashes from the pyre
indicated by the attendant.
395 396: Under serial nos. 448/110 and 449/111, the list identifies two
cremations carried out by Jandiala police on 22 July 1992 under FIR no. 140/92.
They are of: [1] Jasbir Singh, s/o Nazar Singh, r/o Baba Bakala, Jandiala; and [2]
Tarlochan Singh alias Hansa, s/o Kishan Singh, r/o Saidonlehl. The post-mortem
reports are marked as ND/525/92 and ND/524/92. The cause of death is given as
police encounter.
The committee has gathered the following information about Tarlochan Singh, s/
o Kishan Singh, through its incident report form no. CCDP/01217. The main infor-
mant in this case is the victims father Kishan Singh.
Seventeen-year-old Tarlochan Singh, s/o Kishan
Singh and Sawinder Kaur, was the resident of Charhdi
Patti in village Saido Lehal under Mattewal police sta-
tion in Baba Bakala sub-division of Amritsar district.
Tarlochan had a brother and a sister, both elder to him.
His father was a small farmer with 10 acres of land.
Tarlochan was studying in class IX in government
high school in Chagawan when his parents transferred
him to a school in Nawan Pind because they were
apprehensive of the militant influence on their son in
an area that was considered to be its hotbed. They still
did not feel comfortable and sent him off to Mumbai to
a relative, where he learnt to drive and got a job as a
truck driver.
In April 1992, Tarlochan came back to the village to visit a relative who had
fractured his legs in a road accident. A few days after his return, the Mehta police
raided his house, but Tarlochan was not home. Tarlochan, fearing torture, did not go
back to his house. The police picked up his father and brother and tortured them
brutally. The police told them to either produce Tarlochan or get him arrested. The
police raids, illegal detention and custodial torture became very frequent. Apart from
the Mehta police, officers from the Mall Mandi interrogation center also began to
take them away for torture. Kishan Singh has not still recovered from these harrow-
ing experiences. His arms remain limp and he is unable to work. The police used to
suspend him from the ceiling after tying his hands to his back with a rope that went
through a big hook in the middle of the roof.
After these experiences, Kishan Singh and the rest of the family left the village.
Their agricultural work came to a standstill and their cattle died from hunger. It was
impossible for them to hire domestic help as no one in the village would agree to
work for them because of the fear of the police.
On 21 July 1992, DSP Baba Bakala and SHO Udham Singh of Jandiala Guru
carried out a combing operation at village Joga Singh Wala. On that day, Tarlochan
was staying with a distant relative in the village. All the male residents of the village
were made to gather at the gurdwara and asked to identify themselves. Tarlochan
was also questioned and when he told them that he was visiting a relative, he was
segregated and tortured in front of all until he disclosed his real identity.
The same night, Tarlochan Singh along with Dr. Balwinder Singh, resident of
Baba Bakala, were killed in encounter staged in village Jabbowal near a brick kiln.
The CBIs list Under serial no. 448/110 identifies the cremation of the second person
killed in the encounter as Jasbir Singh, s/o Nazar Singh, r/o Baba Bakala. After
reading about the killing of his son in newspapers on July 23, Kishan Singh and the
other members of the family went back to the village. On the fourth day after the
incident, some people collected at his house to express their grief and condolences.
While the people were still around, SHO Udham Singh came with a large police force,
pulled Kishan Singh out and beat him up in front of every one punching his ears so
hard that he almost became deaf. The SHO also abused the mourners and asked them
to disperse.
Kishan Singh did not take any action from the fear that the police might kill
Tarlochan Singh
his only remaining son. According to Kishan Singh, the police arrested and killed,
in separate incidents, three other residents of his village. They are: [1] Daya Singh, s/
o Jarnail Singh; [2] Baljinder Singh, s/o Jarnail Singh; and [3] Wazir Singh, s/o
Bakhshish Singh.
397. Under serial no. 451/113, the list identifies the cremation of Gurwinder Singh,
s/o Chanan Singh, r/o Pheroman, carried out by the Beas police on 24 July 1992
under FIR no. 86/92. The post-mortem report number is marked as LD/380/92 and
Channan Singh.
Twenty-one-year-old Gurwinder Singh, s/o Channan Singh and late Sukhwinder
Kaur, was a resident of village Pheruman, near Wada Gurdwara, in Baba Bakala sub-
division of Amritsar district. His father Channan Singh had retired from the Indian
army and then became the secretary of the cooperative society in his village.
Gurwinders mother Sukhwinder Kaur had died in 1976 when Gurwinder was only
five. His father raised him all by himself.
Gurwinder was a clean-shaven Sikh and was not particularly religious in his
temperament. He passed his higher secondary school examination from a school in
Dhilwan to join a college at Sathiala for his bachelors degree. Channan Singh, how-
ever, wanted his son to go abroad, to insulate him from the prevailing violent atmo-
sphere in Punjab. He paid a hefty sum of money to an immigration agent who prom-
ised to get Gurwinder out to a foreign country. But the agent could only send him to
Bangkok. Gurwinder was arrested there on the charges of entering the country ille-
gally and deported back to Delhi. He went to stay with Swaran Singh, his uncle, an
inspector with the BSF who lived on Ladowali road at Jalandhar.
Meanwhile, SHO Wassan Singh of Beas police station arrested Channan Singh
from his house on 21 or 22 July 1992 and tortured him brutally to get information
about Gurwinders whereabouts. Channan Singh first tried to tell them that his son
had gone abroad. But they already knew that he was living in Jalandhar and forced
Channan Singh to reveal the address of his brother Swaran Singh, the BSF inspector.
The same night, ASI Amrik Singh led a group of officers from Beas police station to
raid Swaran Singhs house. He also took Channan Singh along and made him call out
to his brother to open the doors. When Swaran Singh opened the door, ASI Amrik
Singh asked him about Gurwinder and Swaran Singh admitted that he was sleeping
inside. Gurwinder was taken into custody and brought back to Beas police station
and locked up. Although SHO Wassan Singh was present at the police station, but
no one interrogated Gurwinder.
Early morning on July 23, Gurwinder was taken out of the police station and sent
somewhere in a police vehicle. Around 10 a.m. members of the village council came
to the police station and persuaded the SHO to release Channan Singh. When asked
about Gurwinder, he said that the DSP of Baba Bakala wanted him for interrogation.
The members of the village council then went to the DSP, Baba Bakala, who told them
that Gurwinder was under interrogation at Mall Mandi interrogation center. The next
day again, the same group of village elders went back to the SHO of Beas police
station who declared that Gurwinder had been killed in an encounter and cremated at
Durgiana Mandir cremation ground. He offered to give them a slip of paper permit-
ting the family to collect the ashes.
The family members, together with the village elders, collected the ashes and
carried out the last rites.
After the Supreme Court ordered an inquiry into the matter of illegal cremations,
some CBI officials came to Channan Singh to record his statements. Soon thereafter,
SHO Wassan Singh met Channan Singh and offered to pay him a large amount of
money if he agreed to drop the case. Channan Singh refused. He told the CBI officers
about the SHOs overtures. But the CBI officials do not appear to have taken any
action in the matter.
398. Under serial no. 452/114, the list identifies the cremation of Kashmir Singh,
s/o Kundan Singh, r/o Khiala, carried out by the Lopoke police on 28 July 1992
under FIR no. 90/92. The post-mortem report is marked as SPG/366/92. The cause
of death is mentioned as police encounter.
Kundan Singh.
Twenty-five-year-old Kashmir Singh, s/o Kundan Singh and Amrik Kaur, was a
resident of village Khiala Kalan, Khooh Doole Wala, under Lopoke police station, in
Ajnala sub-division of Amritsar district. He was married to Manjinder Kaur and had
two sons, Inderjit and Kulwinder, who are now 13 and 11.
After finishing his school, Kashmir Singh started working with his on 10 acres of
land located on the outskirts of the village. Their house was situated next to the
farmland and was, therefore, outside the main cluster of houses within the village.
Many underground militants began visiting Kashmir Singhs house, demanding
food and shelter. The family could not refuse because the militants were always
armed.
When the police found out about the militants visits, they began to hold Kashmir
Singh and his father Kundan Singh in custody for long periods, torturing and coerc-
ing them to get the militants arrested. In 1989, Kashmir Singh was formally arrested
for the first time under TADA and detained for some time at Nabha jail. As soon as
he came out of jail, the police implicated him in yet another criminal case and sent him
back to jail. This happened the third and the fourth time also. Every time he was
picked up outside the jail gates, the police tortured him before slapping yet another
criminal charge on him.
Kashmir was fed up with this and left his home after telling his family that he was
going to become a militant himself. The police then began to pick up and torture his
family members.
On 27 July 1992, SHO Dharam Singh and a group of policemen under his com-
mand arrested Kashmir Singh together with Amrik Singh, s/o Swaran Singh, resident
of Jajeani village, when they were walking towards village Kolowal. After arresting
them, SHO Dharam Singh requisitioned a large force and enacted a fierce encoun-
ter at the end of which both Kashmir Singh and Amrik Singh had been killed. In the
evening, some policemen took Kashmir Singhs mother Amrik Kaur to the site of the
encounter to identify the body of her son that was, however, not returned to the
family. The police carried out the cremations at Durgiana Mandir cremation ground
the next day. The family members and the village elders were allowed to be present
during the cremation.
The CBIs list of identified cremations shows only one cremation of Kashmir
Singh Under serial no. 452/114 whereas the police also killed Amrik Singh, s/o Swaran
Singh, resident of Jajeani village, in the encounter. The second cremation is recorded
in the CBIs list of unidentified cremations Under serial no. 453/268, carried out by
the Lopoke police on 28 July 1992. The list does not show the FIR number. The post-
mortem report of the unidentified body is marked as SPG/FM/365/92.
399. Under serial no. 456/117, the list identifies the on cremation of Dilbagh Singh,
s/o Gurjinder Singh, r/o Bilowal, carried out on 4 August 1992 by Kathunangal
police under FIR no. 60/92. The post-mortem report is marked as 818. The cause of
death is given to be police encounter.
port form no. CCDP/01138. The main informant is the victims brother Prem Singh.
Twenty-four-year-old Dilbagh Singh, s/o Gurjinder Singh and Kartar Kaur, from
village Bhilowal, Sadhpure Wala Rah, under Kathu Nangal police station of Amritsar
district, was the youngest of four brothers. The names of his older brothers are Sher
Singh, Prem Singh and Kulwant Singh. Operation Blue Star in June 1984 left a deep
imprint on young Dilbagh and he came under the influence of the strong militant
reaction to the Indian army s action. The police treated Dilbagh Singh as a suspect
and tortured him often in illegal custody. Dilbagh was fed up and left home.
On 31 July 1992, Dilbagh came to visit his family and his brother Kulwant Singh
walked him to the bus stand to see him off. As soon as Kulwant returned home, SHO
Balkar Singh of Kathu Nangal police station along with his team surrounded the
house and took Kulwant back to the bus stand and arrested Dilbagh Singh. Kulwant
was released but Dilbagh was taken to Mall Mandi police station for interrogation.
On 3 August 1992, Dilbagh Singh was declared killed in an encounter that was
supposed to have taken place at Chawinda Devi near village Dhede. The family
members were allowed to attend the cremation and collect the ashes.
Dilbagh Singhs mother died from grief one year after his death. Three years later,
his sister-in-law Kashmir Kaur also died. According to the family members, she died
from torture wounds that had also been inflicted on various members of her family.
400. Under serial no. 457/118, the list identifies the cremation of Acchar Singh, s/
o Lal Singh, r/o Bindi Sahida, carried out on 7 August 1992 by Lopoke police under
FIR no. 94/92. The post-mortem report is marked as LD/53/92 and the cause of
form no. CCDP/01278. The main informant is the victims uncle Anokh Singh.
Twenty-five-year-old Acchar Singh, s/o Lal Singh, was a resident of Bhindi Saida
village, under Lopoke police station, in Ajnala sub-division of Amritsar district. His
father, who did not own any land, died when he was very young. To survive, Achhar
Singh and two brothers started working as casual workers. They had two unmarried
sisters. Later, Acchar Singh was married to Jagir Kaur and had a daugher Gurpreet
Kaur, now 17, and a son Gur Iqbal Singh, now 10.
Bhindi Said is very close to the border with Pakistan and Achhar Singh began to
carry goods for smugglers across the border and receive fixed payments for each
consignment. He did this work only for money and had no political or militant connec-
tion. The BSF officials posted in the area knew about these activities and tolerated
them for the benefit of information. Acchar Singh gave information to the BSF regularly.
On 24 February 1990, Acchar Singh helped the BSF inspector Surnam Singh and
other senior officials confiscate a consignment of gold that was being smuggled into
India near the border village of Toor Burj. The consignment consisted of 250 gold
biscuits. But the BSF officials showed only 230 biscuits and distributed the value of
the remaining biscuits among themselves. Also, they usurped the money 10 per
cent of the value of the confiscated good that was released by the department as
a reward to the informer. The first installment of reward money, Rs. 670,000, ear-
marked for Achhar Singh, was released by the department on 26 June 1990 and the
second installment of Rs. 469,000 on 13 January 1991. Acchar Singh did not receive
any of the money and began to demand his share from the concerned officers. This
proved fatal for him.
In the midnight intervening 5 and 6 August 1992, SHO Dharam Singh of Lopoke
police arrested Achhar Singh from his residence in the presence of his wife and other
family members. The next morning, he was shown killed in an encounter near
village Awan Lakha Singh. But the family found out about the killing many days later
and could not even collect the ashes.
Amrik Singh, a farmer of village Madho Ke, pursued Achhar Singhs case and
found out that certain BSF officials had usurped a huge amount of money that had
been released for him as the reward. Amrik Singh wrote to the higher authorities
demanding a probe and suggesting that these BSF officials, together with police-
men, killed Acchar Singh to cover up the whole matter.
It is not known what action the government has taken to determine the true facts
about the allegation.
The committee received this information from Anokh Singh, s/o Pooran Singh,
an uncle of Achhar Singh living at village Kolowal, post office Brar, within Ajnala
401. Under serial no. 467/119, the list identifies the cremation of Amrik Singh, s/
o Swaran Singh, r/o Makhan Windi, carried out on 23 August 1992 by the Jandiala
police under FIR no. 149/92. The post-mortem report is marked as ND/570/92 and
the cause of death is mentioned as police encounter.
Jaswant Singh.
Thirty-seven-year-old Amrik Singh, son of Swaran Singh and Joginder Kaur,
lived at village Makhan Windi, Theh Wali Patti, under Jandiala Guru police station, in
Amritsar. After finishing his school, Amrik joined a college and studied for two years
for his bachlors degree when the police began to detain and interrogate him under
torture because of his association with the Sikh Students Federation. Fed up with
these harassments, Amrik gave up his studies and joined the ranks of militants. The
police then started torturing his family members, picking up his father, brothers and
brothers-in-law, detaining them illegally for months together and torturing them ter-
ribly for information. Amrik was also married to Mohanjit Kaur and had four children.
The eldest daughter Amandeep Kaur is now 20. The three sons, Gurtaj, Dilawar and
Charhat, are now 17, 16 and 10. Mohanjit Kaur and the children also suffered
humilitation after Amrik went underground.
For some time, Amrik had been living the life of a fugitive. In the evening on 22
August 1992, Amrik, together with his associate Paramvir Singh, s/o Raghbir Singh,
r/o Kotla under Kathu Nangal police station, visited the family to meet his sister for
the Rakhi festival when sisters tie a thread around their brothers wrists and receive
presents. After the ceremony, as Amrik and his companion were leaving, going
down a mud trail around his fields in village Makhan Windi, the SHO of Jandiala
police station arrested them at a checkpost on that trail. The news of their arrest
spread quickly in the village and a lot of people tried to reach the checkpost, but they
were not allowed. One hour later, the police orchestrated an encounter and killed
both Amrik and his companion Paramvir Singh. The next morning, the police took
Amriks mother to identify the bodies and, after the identification, took them away
for the cremation. Amriks family members were allowed to attend the cremation and
collect the ashes.
The CBIs list of identified cremations only shows the cremation of Amrik Singh.
The cremation of Paramvir Singh, s/o Raghbir Singh, r/o Kotla under Kathu Nangal
police station, is listed as an unidentified one in the third list under the Serial no. 465/
276. The entry shows that the Jandiala police cremated an unidendified body with
the post-mortem report number ND/FM/570/92 on 23 August 1992.
identifies four cremations carried out by the SHO of Ajnala police station on 7
September 1992 under FIR no. 56/92. The names of cremated persons given in the
list are: [1] Veeru, s/o Dilip Singh, r/o Dedpura; [2] Amrik Masih, s/o Rehmat
Masih, r/o Nai Abadi; [3] Beera Singh, s/o Niranjan Singh, r/o Kandey Bala Khu;
and [4] Bansa alias Kala, s/o Ram Singh, r/o Bichla-killa. The post-mortem reports
are not marked. The cause of death is given to be bullet injuries.
The committee has collected the following information about the person identi-
fied by the CBIs list as Bansa, through its incident report form no. CCDP/01662. His
actual name was Harbans Lal, alias Hansa. The main informant is the victims widow
Jagir Kaur.
Thirty-two-year-old Harbans Lal, son of Ram Singh, was a poor Sansi Sikh agri-
cultural worker from Harsha Chheena village, Bichla Killa, in Ajnala sub-division of
Amritsar district. He was married to Jagir Kaur and was the father of two daughters
and two sons.
The police suspected Harbans of being associated with militants, helping them
with shelter and food. The police had arrested and interrogated him several times in
the past. They had also registered a case under TADA against him. But Harbans
managed to come out of jail on bail a few months later.
Jagir Kaur does not know when, where or how exactly her husband was taken
into custody. But in the last week of August 1992, she received information that
Harbans was under interrogation at the Ajnala police station and the Mall Mandi
interrogation center at Amritsar. She claims to have received several messages through
a police constable that her husband was facing brutal torture, but being a poor and
illiterate woman, Jagir Kaur was unable to take any action.
On 7 September 1992, a Punjabi newspaper Jagbani published a report about the
killing of four militants in an encounter with the Ajnala police near village Kotli. All
the slain militants, including Harbans Singh, were identified by their names and the
villages of their residence as following: [1] Beera Singh, s/o Niranjan Singh, r/o
Kande Wala Khooh, Amritsar; [2] Beeru, s/o Dalip Singh, r/o Nawin Abadi, Amritsar;
[3] Amrik Singh Masih, s/o Rehmat Singh Masih, r/o Nawin Abadi, Amritsar; and [4]
Harbans Singh alias Kaka, s/o Ram Singh.
The police carried out the cremations without the families knowledge.
tions carried out by the Majitha police on 13 September 1992 under FIR no. 113/92.
They are of [1] Lakhwinder Singh alias Lakha alias Ford, s/o Dharam Singh, r/o
Sultan Wind; and [2] Baldev Singh alias Foji, s/o Buta Singh, r/o Basarke Baini.
Baldev Singhs post-mortem report is marked as WD/599/92 and the cause of
death is described as police encounter.
The committee has acquired the following informa-
tion about these cases through its incident report form
no. CCDP/01268 and PCHR/439. The main informants
in these cases are Baldev Singhs father Boota Singh
and Lakhwinder Singhs mother Mohinder Kaur.
Twenty-five-year-old Baldev Singh, son of Boota
Singh and Jagir Kaur, was a resident of Basarke Bhaini,
Sunn Sahib Road, near Bibi Bhani Netarheen School at
Chheharta in Amritsar.
His father Baldev Singh originally came from Wadala
Kalan village near Baba Bakala. Since he did not own
any agricultural land, he shifted his residence to his
wifes village and began to make a living by plying a
horse-cart. Baldev and Jagir Kaur had three daughters. Baldev was their only son
and he completed his school education and then joined the 5 Sikh Regiment of the
army as a soldier. Later, he got married, but did not have any children. His widow has
since remarried. Baldev did not have any political or militant background, and had
In August 1992, Baldev came home on two months of leave because his wife had
fallen ill. His leave was to expire on 7 September 1992.
Around 10 p.m. on 4 September 1992, SHO Harbhajan Singh and SI Mohinder
Singh Karicki from Chheharta police station led a large force to raid Baldev Singhs
house. Some policemen climbed the roof from the houses of his neighbors Balkar
Singh and Sadha Singh. Baldev Singh and his wife too had just come to the roof with
the intention to sleep. Baldev Singhs parents were not home as they had gone to
Baldev Singh
visit their daughter at village Nangali. The policemen brought Baldev Singh down
from the roof into the courtyard of his house and, even as the neighbors tried to ask
why they were arresting Baldev Singh and where taking him, they drove away with
him, without disclosing their destination.
Baldevs wife sent a message to Boota Singh at village Nangali who, along with
his wife, came back and went to Chheharta police station to talk to the SHO. Some
neighbors also accompanied him. The SHO refused to talk to them and ordered his
staff to either throw them out of the police station or also lock them up. His attitude
was so aggressive and threatening that no one dared to go back to him.
Boota Singh and his neighbors talked to some constables and continued to
receive information about Baldevs whereabouts. From Chheharta police station,
Baldev was first shifted to the police post Khasa and from there to B. R. Model
School interrogation center and then to Majitha police station. Baldev Singhs family
members were not allowed to meet him. But relatives of other illegally detained
persons saw him at various police stations and kept informing Baldevs parents and
wife about his situation. Boota Singh tried to contact politicians and other influential
persons of his area, but failed to get any help.
On 14 September 1992, Punjabi newspapers carried a report about an encounter
near village Sehnsra Kalan Jagdev Kalan between a group of militants and the
Majitha police in which two militants, Baldev Singh and Lakhwinder Singh, were killed.
According to a complaint filed by Lakhwinder Singhs mother Mohinder Kaur
before the Peoples Commission for Human Rights Violations in Punjab in August
1996, the Majitha police kidnapped her son on 13 September 1992 from his rented
house at Bhatha, Nangli Naushehra in Amritsar district. In her complaint, Mohinder
Kaur mentions that the police had also taken away Surta Singh, the son of the
landlord who had rented his house to Lakhwinder. Surta Singh was released the
same day, but her son disappeared. The Majitha police refused to give her any
information and she feared that her son Lakhwinder Singh might have been killed by
the police in a fake encounter and his body disposed off as unclaimed.
Apparently, Lakhwinders family members had not read the newspaper reports
about the encounter which disclosed his and Baldevs killing on 13 September 1992.
On reading the news-report, Boota Singh and his wife Jagir Kaur were dumb-
found and could not believe that their only son had been killed. They could not
understand the reason or the purpose and in that state of shock were unable to do
anything to get his ashes or to perform his rites. So, they have remained, bewildered,
lost and without any succor. Baldevs wife went away to her parents house after
some time. Boota Singh is around 75-years-old, but still plies a horse-cart, to earn
enough to support himself and his ailing wife.
After the CBI officers started their inquiries in the matter of illegal cremations in
1996, SHO Harbhajan Singh had Boota Singh detained again, several times, threaten-
ing him with serious consequences if he pursued his complaint, and proposing that
they reach a compromise. The CBI officials, who visited him for their inquiry, assured
Boota Singh that he would be protected and the guilty officials prosecuted. Promis-
ing to prepare their case for prosecution, they took away Baldevs identity card and
other papers connected with the case, like copies of telegrams that Boota had sent to
higher officials and the commanding officer of Baldevs regiment to seek their
intervention. Several years have since passed, and Baldev Singhs parents are still
waiting to hear from either the CBI or the special court in Patiala about the progress
in the investigation of their case.
408 410: Under serial nos. 480/128, 481/129 and 482/130, the list identifies
three cremations carried out by SHO Rajinder Singh of Mehta police on 14 Sep-
tember 1992 under FIR no. 93/92. They are of: [1] Dalbir Singh alias Kala, s/o
Kulwant Singh, r/o Palla, [2] Balwinder Singh, s/o Najar Singh, r/o Palla and [3]
Shaib Singh, s/o Kahan Singh, r/o Ghunj. The post-mortem report numbers are not
mentioned. The deaths are attributed to bullet injuries.
tion about these cases through its incident report form
nos. CCDP/01184, 01185 and 01186. The main informants
in these cases are Dalbir Singhs mother Jagir Kaur,
Balwinder Singhs father Naajar Singh, and Sahib
Singhs father Jathedar Kahan Singh.
Twenty-three-year-old Dalbir Singh alias Kala, son
of late Kulwant Singh and Jagir Kaur, and his slightly
younger friend Balwinder Singh alias Bindi, son of
Naajar Singh and Dhanti, were residents of village
Pallah, post office Gagar Bhana, Bhangu Patti, under
Mehta police station, in Baba Bakala sub-division of
Amritsar district. After completing his school educa-
tion, Dalbir joined the Punjab police as a constable. But he could not cope with the
orders his superiors gave to torture and kill suspected militants in police custody.
Dalbir resigned from the police service. Later, his family sent him to Durg city in
Madhya Pradesh to live with a Sikh family that had moved there from Pallah village.
Jagir Kaur was apprehensive that the police establishment may hold a grudge against
him for quitting the service and, therefore, try to implicate him in some criminal case.
Balwinder Singh was from a devout Sikh family and was himself baptized. The
situation in Punjab, especially in Amritsar, was very volatile around this time, and
both the state agencies and the militant groups committed excesses, indiscriminate
violence and human rights abuses. Naajar Singh did not want his son, an emotional
person, to remain in Punjab and get sucked into the violent spiral of actions and
reactions. So, he sent him away to a relative in Durg city in Madhya Pradesh where
he acquired a driving license and became a truck driver. Balwinder was married to Raj
Kaur, who has since remarried.
Eighteen-year-old Sahib Singh, s/o Kahan Singh and Gurmeet Kaur, was a resi-
dent of Choongh village, post office and police station Mehta, in Baba Bakala sub-
division of Amritsar district. After finishing his school in 1986, Sahib Singh started
helping his father with the agricultural work. In 1989, his grandfather Dharam Singh
was abducted from his house by some unidentified persons, tortured and killed. His
body was found abandoned some distance from his house. Even as the family tried
to cope with this tragedy, the police started raiding the house and questioning
various family members about their links with militant. Given these circumstances,
Kahan Singh decided to send his son Sahib Singh away to Delhi where he began
working as a truck driver in a transport company. Sahib Singh used to carry his
Balwinder Singh
consignments to many remote parts of India.
On 20 August 1992, the Madhya Pradesh police arrested Dalbir Singh, Balwinder
Singh, Sahib Singh, Jasjit Singh, s/o Mangal Singh Mehra also of Pallah village, and
Jaswant Singh, s/o Karam Singh from Saido Ke village under Mehta police police
station, from the house of Bachan Singh in Mohan Nagar area of Durg city. The
police charged them with various criminal offences and sent them to Durg jail. Dalbirs
mother Jagir Kaur came to know about these arrests from the relatives of Balwinder
Singh in her village and immediately left for Durg.
The day after the news of these arrests in Madhya Pradesh spread because of
the press publicity, police illegally detained Sahib Singhs father Kahan Singh and
held him for the next three weeks at Ramdas police station. They released him after
the Punjab police led by SHO Rajinder Singh of Mehta police station obtained police
remand for the prisoners arrested in Madhya Pradesh and brought them back to
Punjab on 10 September 1992, obstensibly to investigate their involvement with the
militant movement within the state. .
Jagir Kaur traveled back to Punjab on the same train. At Amritsar police station,
Dalbir Singh and the four other boys were blindfolded and taken away in police
vehicles. On 14 September 1992, the Mehta police staged an encounter and killed
Dalbir Singh, Balwinder Singh and Sahib Singh, claimed to be in their custody, and
two other unidentified persons. The police claimed that they were taking the three
prisoners to recover weapons when a group of militants attacked the police vehicle
near village Dhardeo and all three prisoners in their custody and two other uniden-
tified militants, belonging to the attacking group, were killed in the resulting ex-
change of fire. The next day, Punjabi newspapers gave a prominent display to the
story of the encounter, based on a press release issued by SSP Paramjit Singh Gill of
Majitha police station. The SSP identified Sahib Singh of Choong village as a lieu-
tenant general of Khalistani Armed Force who carried the reward of Rs. 500,000 on
his head and had been responsible for more than 500 incidents of murder, extortion,
kidnapping and rape. According to Gill, Dalbir Singh and Balwinder Singh also car-
ried awards of Rs. 100,000 each on their heads.
The police allowed the families to collect the ashes after they carried out the
cremations on 14 September 1992.
The CBIs partially identified list of cremations, Under serial no. 484/70, records
that on 14 September 1992 Mehta police cremated Kulwant Singh, s/o Charan Singh.
The unidentified list, Under serial no. 483/282, shows yet another cremation under
FIR no. 93/92.
411. Under serial no. 490/132, the list identifies the cremation of Harpal Singh alias
Nikku, s/o Kashmir Singh, r/o Khela, carried out by head constable Beera Singh of
Beas police station on 18 September 1992 under FIR no. 102/92. The post-mortem
report is marked SPG/865/92 and the cause of death is given to be bullet injuries.
port form no. CCDP/01187. The main informants are Harpals parents Major Singh,
wrongly identified by the CBIs list as Kashmir Singh, and Shinder Kaur. The CBIs
list also incorrectly identifies the name of the village as Khela.
Harpal Singh alias Nikku, son of Major Singh and Shinder Kaur, was a
15-year-old boy from village Pallah, post office Gagar Bhana, near gurdwara, under
Mehta police station in Baba Bakala sub-division of Amritsar district. Harpal was a
baptized Sikh and left school to work at his family farm. According to his parents, he
had no connection with the militant movement and had never been arrested before
this incident.
In the second week of September 1992, the Mehta police had arrested three Sikh
boys resident of Pallah village at Durg city in Madhya Pradesh and had killed them
in an encounter faked at village Dhardeo. They were; [1] Dalbir Singh, son of Kulwant
Singh; [2] Balwinder Singh, son of Naajar Singh; and [3] Sahib Singh, son of Kahan
Singh. The background of these killings and their cremations on 14 September 1992,
listed in the CBIs list of identified cremations Under serial nos. 480/128, 481/129 and
482/130, have been separately narrated.
Early morning on 15 September 1992, a group of officers from Mehta police
station raided Harpal Singhs house and arrested him while he was still sleeping. His
father Major Singh and other relatives went to Mehta police station and unsuccess-
fully tried to speak with the SHO.
On 19 September 1992, several newspapers published a report, based on police
sources, claiming that Harpal Singh Nikku, described as a militant, had been killed in
an encounter with the police near village Nijher. The cremation was carried out
without the familys knowledge.
412. Under serial no. 496/133, the list identifies the cremation of Baldev Singh, s/
o Karam Singh, r/o Budala, carried out by the SHO of Lopoke police station on 22
September 1992 under FIR no. 106/92. There is no post-mortem report number.
The cause of death is given as bullet injuries.
report form no. CCDP/01164. The main informant in this case is the victims wife
Devinder Kaur.
Forty-year-old Baldev Singh, s/o Karam Singh and Gurbachan Kaur from
Sukhewala village, post office Bundala under Jandiala Guru police station in Amritsar
district, was an employee of the Punjab State Electricity Board. He was married to
Devinder Kaur and had four daughters and a son. The eldest daughter Ranjit Kaur is
now 22. The youngest son Gursewak Singh is 11.
Baldevs 22-year-old younger, unmarried brother Sarwan Singh was also em-
ployed by the Punjab Electricity Board and, in 1991, was posted at Tarn Taran. On 15
August 1991, Sarwan Singh was going on his bicycle to the house of his brothers in-
laws at village Dugalwal near Tarn Taran to invite them for a family function when
SHO Major Singh of Tarn Taran police arrested him near village Malmohari. People of
that village knew Sarwan Singh and immediately sent a message to his family. His
elder brother Malook Singh managed to meet Sarwan Singh at Tarn Tarans Sadar
police station. The family members also met the SHO and SSP Narinder Pal Singh Gill
of Majitha police district. Initially, they promised to release Sarwan Singh after they
completed their investigations. A week later, they refused to see the family members
and Sarwan Singh simply disappeared.
At this time, Baldev Singh was also arrested by Chheharta police and detained
illegally for more than a month. The police released him after the village council
intervened and vouched for his character and antecedents. Baldev was not arrested
or interrogated after this incident. Since he was posted in Amritsar city, Baldev Singh
used to find it more convenient to live in the house of his in-laws at Moni Chowk,
Chatiwind Gate, Amritsar.
On 17 September 1992, a group of police officers from Mall Mandi interrogation
center raided his in-laws house with the intention of arresting Baldev Singh who
had gone to call on his parents and, therefore, was not home. The relatives told the
officers that they could come back the next day since Baldev Singh was certain to
return by then. Returning to Amritsar later that night, Baldev found out about the
raid conducted by the Punjab police and stayed at home to talk to them whenever
they returned.
On 18 September 1992, around 12:30 p.m. some officers of the Mall Mandi inter-
rogation center led by Inspector Raghbir Singh Makhi came to the house and took
Baldev Singh into their custody. All of the family members and neighbors witnessed
his arrest. The inspector told them not to worry since Baldev was needed for ques-
tioning in a minor matter. The next day, the family members and several elders of the
locality met the SHO and SSP Paramjit Singh Gill who repeated the promise to release
him after his interrogation.
On 23 September 1992, the newspapers in Punjab published a report about the
killing of Baldev Singh, along with another supposed militant Kewal Singh, in an
encounter with the police near village Bhindi Aulakh within the Majitha police
district. The report said that the police recovered one pistol and a revolver from the
site of the incident.
After reading the news report, the family members approached the SSP again to
request him to return the body for a religious cremation, but the SSP declined to do so.
The family members had no choice but to keep quiet. They could neither attend
the cremation nor collect his ashes.
The second cremation, that of Kewal Singh, s/o Rama Issain, is listed in the CBIs
list of partially identified cremations, Under serial no. 497/75. His story has been
recounted in the appropriate section.
413 417. Under serial nos. 498/134, 499/135, 500/136, 501/137 and 502/138,
the list identifies five cremations carried out by SI Mohan Singh of Majitha police
on 25 September 1992. under FIR no. 115/92. They are of [1] Gurjit Singh, Ex.
SPO, s/o Mohinder Singh, r/o Jaithunangal, Majitha; [2] Ashok Kumar alias Billa,
s/o Baldev Raj Khatri, r/o Romanachak, Majitha; [3] Harmit Singh, alias Laddi, s/
o Nirmal singh, r/o Dadupura; [4] Ranjit Singh, alias Rana, s/o Dayal Singh, r/o
Dadupura; and [5] Sarabjit Singh, s/o Bhajan Singh, r/o Chachowali. Gurjit Singhs
post-mortem report is marked as GM/872/92; there are no other post-mortem
report numbers, and the cause of death is given to be bullet injuries.
its incident report form nos. CCDP/01612, 01655, 01670, 01671 and 01667. The
main informants are Gurjeets father Mohinder Singh, Ashok Kumars brother
Chimanlal, Harmeets brother Ranjit Singh, Ranjits father Dial Singh and Sarabjits
father Bacchan Singh.
Twenty-five-year-old Gurjeet Singh, son of Mohinder Singh and Sukhwinder
Kaur, resident of Jethu Nangal, post office Dadu Pur, under Majitha police station in
Amritsar district, had joined the Punjab police as an SPO after completing his higher
secondary education. All of his three brothers were also constables with the Punjab
police. Gurjeet was married, but his widow has since returned to her parents house
and does not wish to be named.
In 1990, when Gurjeet was posted at the police post at Naag Kalan, some
militants killed a person in the village. Senior police officials suspected Gurjeets
involvement and tried to arrest him. Gurjeet deserted his post along with his rifle and
went underground.
The Majitha police arrested Gurjeets father Mohinder Singh and tortured him
brutally for three weeks in illegal custody. He was then implicated in a criminal case
under TADA and sent to jail. When Mohinder Singh was released on bail in Febru-
ary 1991, the Majitha police continued to torment him, his wife and his daughters
ruthlessly. They regularly raided his house and confiscated all valuable household
belongings. The police then demolished the roof of his house and also removed all
the doors. Mohinder Singh and his family were thus compelled to seek refuge with
relatives. Ultimately in early 1992, the Majitha police established a police post in
what used to be Mohinder Singhs house.
Ironically, all three brothers of Gurjeet were still working for the Punjab police: [1]
Daljit Singh was posted at Amritsar city; [2] Rajinder Singh was on duty at Kahangarh
police post under Gharinda police station; and [3] Amarjit Singh was under training
as a commando. When the police atrocities against their father Mohinder Singh
became intolerable, all three brothers submitted medical leave and, absenting them-
selves from their duties, began to live with their parents and sisters in a rented flat.
In early September 1992, SSP Paramjit Singh Gill of Majitha police district asked
Rajinder Singh to come and see him to discuss his familys situation. When Rajinder
presented himself at the SSPs office on 3 September 1992, he was taken into custody
by the SSPs body-guards. They took Rajinder to the Mall Mandi interrogation
center and brutally tortured him. Rajinder managed to send some messages to his
father, with help from his former colleagues, requesting him to negotiate his release
with DSP Darshan Singh Mann, in-charge of the Mall Mandi interrogation center.
But his father Mohinder Singh did not meet the DSP, primarily from fear that he might
also get arrested and tortured.
Instead, Mohinder Singh sent telegrams to senior police officials, including K. L.
Lekhi, DIG, Border Range, D. R. Bhatti, IG Border Range, and the deputy commis-
sioner of Amritsar, narrating the sequence of events leading to Rajinders arrest and
beseeching them to intervene and rescue him from illegal custody.
His telegrams, however, were not acknowledged and no action was taken.
Mohinder Singh then filed a petition, through advocate Navkiran Singh, before the
High Court of Punjab and Haryana, praying for a writ of habeas corpus for Rajinders
production before the court. The high court appointed a warrant officer to search for
Rajinder Singh at the Mall Mandi interrogation center. The senior police officials,
however, found out about this move and removed Rajinder from the premises. SSP
Gill of Majitha police district was very annoyed by this. Rajinder has since disap-
peared. Mohinder Singh suspects that he has been eliminated.
Ashok Kumar, son of Baldev Raj Sharma and Raj Rani, was a 24-year-old Hindu
Khatri boy with a diploma in automobile mechanism and a resident of Rumana Chack,
post office Tarpai, under Majitha police station, in Amritsar district. Ashok Kumar
was unmarried and ran an automobile repair garage.
Around 19 September 1992, the Majitha police raided Ashok Kumars house to
arrest him. Since Ashok was not home, the police carried out a thorough search of
his house. Ashok found out about the police raid and, fearing arrest and torture, did
not return home for some days. Meanwhile, Ashoks parents met the SSP of Majitha
police district who asked them to produce their son for interrogation and guaranteed
that he would not face any harm.
His father Baldev Raj was still trying to produce him before the police when on 24
September 1992, the police claimed to have killed Ashok Kumar along with four
others in an encounter near village Bhaini.
Nineteen-year-old Harmeet Singh alias Laadi, son of Nirmal Singh and Surjit
Kaur, resident of Dadu Pur village under Majitha police station in Amritsar district,
had completed his higher secondary education and was hoping to join the army .
Due to the disturbance in Punjab, Harmeets father Nirmal Singh wanted to leave
Punjab and with this intention had purchased some agricultural land in Bijnaur dis-
trict of Uttar Pradesh. While Nirmal Singh used to spend much of his time developing
his farm in Uttar Pradesh, Harmeet used to stay at his uncles house in the village.
According to his family members, he was not involved in militant activities and had
never been arrested before this incident.
According to Harmeets cousin, on 20 September 1992, Gurjeet Singh of Jethu
Nangal village, a SPO who had gone underground in 1990, came to his house and
took Harmeet and his friend Ranjit Singh, s/o Dayal Singh, along with him. Harmeets
cousin was not able to explain the circumstances in which Harmeet and his friend
went with a man who was known to be wanted by the police.
Ranjit Singh alias Rana, son of Dayal Singh and Darshan Kaur, also a resident of
village Dadu Pur, was a 19-year-old boy who had given up school to help his father
with farming. Ranjit Singh mainly looked after the farm animals and helped sell dairy
products. He was unmarried and, according to his family members, had no connec-
tion with the militant movement and had never been arrested before this incident. It
is again not clear why Ranjit Singh went with Gurjeet.
Sarabjit Singh, alias Gujjar, son of Bachan Singh and Mohinder Kaur, resident of
Chachowali village, post office Jaintipur, under Kathu Nangal police station in Amritsar
district, is the fifth person in the present set of cases in the CBIs list. He was 17 and,
along with his cousin Pradeep Singh, s/o Lakha Singh and resident of the same
village, used to work at a textile factory at Verka town in Amritsar district. He was a
baptized Sikh but, according to his father, had no links with the militant movement.
In the evening on 20 September 1992, Sarabjit and his cousin Pradeep were going
to Verka railway station, after finishing the work at the factory, to take a local train to
their village Chachowali when Sarabjit was kidnapped by a group of uniformed
policemen in an unnumbered vehicle. The abduction was witnessed by Pradeep who
was, however, not held. Pradeep rushed home and narrated the incident to Sarabjits
father. The police vehicle, after Sarabjits abduction, had driven in the direction of
Amritsar city.
The next morning, Sarabjits father and several village elders went to Kathu
Nangal police station to ask about Sarabjit Singh. SHO Darshan Singh said that they
had not arrested him. Bachan Singh and his companions then went to several other
police stations in the city of Amritsar, but were unable to trace.
On 25 September 1992, several Punjabi newspapers prominently reported an
encounter near village Tarsikka under Mehta police station in which the police claimed
to have killed five militants including Sarabjit Singh. The report also carried a photo-
graph of the slain militants and Bachan Singh and his family members recognized
Sarabjits body. They went to Mehta police station and learnt that the police had
already carried out the cremations.
Harmeets family members went to village Bhainian to speak to those who had
witnessed the reported encounter. They found out that a large police force sur-
rounded the house in which Gurjeet Singh, Ashok Kumar, Harmeet and Ranjit and
Sarabjit had temporarily taken shelter. The police force immediately launched
an attack on the house, accompanied by heavy firing. Harmeet tried to escape
from the house by jumping down from the roof of the house. He was arrested in a
wounded condition, interrogated for a while and then killed. Others reportedly died
inside the house.
Gurjeets family continued to suffer harassment and atrocities even after his
killing in this encounter. His elder brother Rajinder had already disappeared. The
Majitha police continued to occupy his fathers house till the middle of 1994. Mohinder
was again taken into custody from his in-laws house in village Guru Ki Wadali and
tortured under interrogation for several days at Majitha police station. A case under
the Arms Act, under FIR no. 11/94, was registered against him and he was sent to jail
although he had already acquired an anticipatory bail order from the high court
through lawyer Ranjan Lakhanpal in Chandigarh.
Mohinder Singh placed the record of atrocities suffered by his family before the
CBI officers when they started their inquiries into the matter of illegal cremations on
the directions from the Supreme Court. Two CBI officers, Mr. Fakkar and Mr. Ajit
Singh, also visited Mohinder Singh at his house. They recorded his statements and
collected the evidence of copies of petitions and telegrams and newspaper clippings
and took those with them. But Mohinder Singh has not heard about any follow up in
the matter. The police have not returned all his household belongings, which they
had confiscated earlier.
418. Under serial no. 505/139, the list identifies the cremation of Baljinder Singh
alias Budhu, s/o Sardool Singh, r/o Kathunangal, carried out by the SHO of Jandiala
police station on 26 September 1992 under FIR no. 163/92. There is no post-
mortem report number. The cause of death is given as bullet injuries.
port form no. CCDP/01321. The main informant in this case is the victims brother
Jaswinder Singh.
Twenty-one-year-old Baljinder Singh alias Buddhu, son of Sardool Singh and
Gurmeet Kaur, from Kathu Nangal, Dhola Patti, near Punjab National Bank in Amritsar,
was the eldest of four brothers and had joined his fathers agricultural work after
completing his school education in 1987. According to his father, Baljinder had no
links with political or militant associations and had never been arrested. Baljinder
was unmarried.
On 21 September 1992, Baljinder went to Amritsar city to purchase some spare
parts for his tractor. After shopping, on his journey back to his village, as he was
getting off the bus at the village bus stand, ASI Amrik Singh and some constables
with him took Baljinder into custody. The family did not learn about his arrest that
evening and became very worried when Baljinder did not return home that night.
The next morning, a man who runs a tea-stall at the bus stand and had witnessed
the arrest, informed the family about Baljinders arrest by ASI Amrik Singh of
Kathu Nangal police. Some hours later, Sardool Singh, together with other villag-
ers, went to Kathu Nangal police station but was unable to meet him. He returned
to the police station in the evening and met the SHO along with someone known to
him. The SHO said that he would release Baljinder Singh on September 26. The
person who had set up their meeting with the SHO men asked for Rs. 50,000 as a
bribe for the SHO. This was too much of money for Sardool Singh to raise, but he
promised to try. Thereafter, the police allowed Sardool Singh to send some refresh-
ments and tea for his son.
On September 23, Baljinder was transferred to Mall Mandi interrogation center
and, later that evening, around 4 p.m. the police brought him to the village in a police
van to assist in a search operation. A large number of villagers gathered around the
van and saw Baljinder who was not allowed to get down. The search did not lead
to the recovery of anything incriminating. In between, the policemen kept asking
Baljinder to tell them where he had hidden the weapons. But Baljinder said that he
had none and had not hidden them anywhere. After some time, the police left with
Baljinder Singh.
The SHO had promised to release Baljinder on September 26 and Sardool Singh
spent the whole day searching unsuccessfully for the middleman who had arranged
the deal and to whom he wanted to give some money.
On 27 September 1992, several newspapers in Punjab published a story about an
encounter near village Bhania under Jandiala police station in which Baljinder Singh
alias Buddhu, a known militant, was reported killed. After reading the news story,
Sardool Singh and his relatives went to Kathu Nangal police station and asked the
SHO about his promise. The SHO said that it was not within his power to save his
life, but he would help the family to collect the ashes.
Sardool Singh and other family members collected the ashes from Durgiana Mandir
cremation ground.
According to Sardool Singh, some CBI officials visited him in 1996 and took
down his statements. They promised to initiate action and punish the persons re-
sponsible for Baljinders abduction and elimination in a fake encounter. Sardool
Singh, however, has not heard about any action so far.
three cremations carried out by ASI Ranjit Singh of Jandiala police under FIR no.
164/92 on 27 September 1992. The cremated persons are: [1] Jounga Singh, s/o
Dayal Singh, Lakhantappa; [2] Hardeep Singh, alias Bagicha, s/o Gajjan Singh, r/
o Bath; and [3] Gurnam Singh, s/o Swaran Singh, r/o Kala Bakra. The post-
mortem reports are marked as FM/630/92 - 26.9.1992, GM/878/92 and FM/629/
92 26.9.1992. The deaths are attributed to bullet injuries.
The committee has gathered the following information about Hardeep Singh
through its incident report form no. CCDP/01657. The main informant in this case is
Hardeep Singhs father Gajjan Singh.
Twenty-two-year-old Hardeep Singh, son of Gajjan Singh, resident of Baath vil-
lage under Tarn Tarans Sadar police station was an unmarried young Sikh who
became associated with the militant movement after his matriculation. The police had
picked him for interrogation a number of times while he was still in school. After
completing his matriculation in 1990, Hardeep left home and went underground.
The Jandiala Guru police from Amritsar began to regularly arrest Hardeeps par-
ents and his brothers to coerce them to produce him before the police. But they did
not know of his whereabouts and continued to suffer illegal detention and torture
under interrogation. The process continued until 27 September 1992 when the Punjabi
newspapers reported an encounter near village Jabbowal under Jandiala Guru police
station in which four militants, including Hardeep Singh, were reported killed. The
report identified Hardeep Singh as Bagicha Singh, mentioning his village as Baath.
The other three were identified only by their names, Jagga Singh, Gurnam Singh and
Heera Singh alias Nimma.
Hardeeps family members were not informed about the incident and the crema-
tion was carried out without their knowledge.
The CBIs list of identified cremations records two others cremations of Jounga
Singh, s/o Dayal Singh of Lakhantappa village and of Gurnam Singh, s/o Swaran
Singh, r/o Kala Bakra, carried out by the Jandiala police on 27 September 1992. The
cremation of Heera Singh carried out on the same day and under the same FIR is
mentioned in the CBIs list of partially identified cremations, Under serial no. 508/77,
with post-mortem report number GM/879/92. The actual identities of these persons
remain a mystery. The committee members discovered at village Lakhan Tappa that
no one by the name of Jagga Singh or Jounga Singh, s/o Dayal Singh had been killed
or disappeared in the period of unrest in Punjab. The CCDP members also discov-
ered that there was no village with the name of Kala Bakra, identified by the list as
Gurnams village, in the entire district of Amritsar. It is also not clear how the CBI got
the name of Heera Singh, whose cremation is recorded in the list of those partially
identified, but failed to find out other particulars likely to complete his identity.
422. Under serial no. 515/143, the list identifies
the cremation of Bhupinder Singh, s/o Beera Singh,
r/o Khande, carried out by ASI Bahadur Singh
of Majitha police station on 3 October 1992 under
the FIR no. 108/92. There is no mention of the post-
mortem report number. The cause of death is given as
bullet injuries.
about this case through its incident report form no.
CCDP/01489. The main informant in this case is the
victims mother Kashmir Kaur.
Twenty-three-year-old Bhupinder Singh, s/o
Raghbir Singh alias Bira and Kashmir Kaur, from village Thande, post office Jwala
Flour Mill, under Sadar police station of Amritsar district, was, like his elder brother
Bhupinder Singh
Lakhwinder Singh, a constable with the Punjab police. Their father Raghbir Singh
was a small farmer and had managed to educate his two sons despite great difficulties.
In 1991, Bhupinder Singh decided to quit the police service out of fear of repraisal
from militant groups that had been targeting the families of police personnel for
murderous attacks. The police establishment misunderstood his decision and began
to suspect his connection with militant groups. The police raided his house and
wanted to arrest him. But Bhupinder did not want to suffer torture and slipped away.
The police started to harass Bhupinders relatives picking up his father Raghbir
Singh for interrogation under torture. The village council members intervened a few
times and rescued him from Amritsars Sadar police station. But the raids continued
and on 20 August 1991, Raghbir Singh was again taken into custody and disap-
peared. The police atrocities did not cease and the police also illegally detained and
humiliated Kashmir Kaur at B. R. Model School interrogation center. The police also
arrested her elder son Lakhwinder Singh and implicated him in a criminal case.
On 3 October 1992, Kashmir Kaur read a newspaper report stating that a militant
known as Bhupinder Singh Bhinda from Thande village was killed by the police as he
tried to escape arrest when nabbed in a bus near village Umranangal. According to
an eyewitness who was traveling in the same bus PB-12-9022 from Amritsar to
Jalandhar, Bhupinder was arrested from the bus after a police informer identified him.
The police killed him later and concocted the story about his attempt to escape.
The police carried out the cremation at Durgiana Mandir cremation ground with-
out informing the family, who could not even collect the ashes.
423. Under serial no. 521/144, the list identifies the cremation of Sarwan Singh, s/
o Gurbaksh Singh, r/o Tarpur, carried out on 18 October 1992 by SHO Dilbagh
Singh of Jandiala police under FIR no. 169/92. There is no post-mortem report
number and the cause of death is given as bullet injuries.
victims brother Tarsem Singh.
Eighteen-year-old Sarwan Singh, s/o late Gurbakhsh Singh and Shindo, was a
young farmer and used to recite the Guru Granth Sahib at religious functions. He
came from Tarpur village, post office Bhatti Ke under Mattewal Chogawan police
station in Baba Bakala sub-division of Amritsar district. Sarwan and his elder brother
Tarsem Singh had been raised by their mother after their father died when they were
still young. Sarwan Singh finished school and started helping his elder brother in
farming. As a baptized Sikh, he had also received religious education, especially in
the ceremonial reading of the Sikh scriptures. Sarwan Singh used to get invitations
to recite the scripture at religious functions, usually for a fee. This used to supple-
ment the family income.
In September 1992, the SHO of Mehta police station raided Sarwan Singhs house
to arrest him. Sarwan Singh was not home at that time. The police picked up his elder
brother and tortured him in custody. The police wanted Sarwan to surrender, but he
feared torture and kept away.
On 17 October 1992, Sarwan Singh was arrested following a combing operation
of Devidaspur village, conducted under the supervision of SP (operations)
H. R. Banga, DSP Darshan Singh Mann of Baba Bakala and SHO Udham Singh of
Jandiala Guru police station. The police picked up Sarwan from the house where he
was hiding and brutally thrashed him on the spot. After he lost consciousness, the
police took him away and declared him killed in an encounter in the neighboring
village of Gadili. The family found out about his killing through a newspaper report,
based on SSP Paramjit Singh Gills press briefing, that appeared on 18 October 1992.
The report said that a militant Sarwan Singh, who was on the run, opened fire on the
police force engaged in conducting the combing operation and was killed in the
retaliatory firing. SSP Gill identified him as area commander of Dashmesh Regiment
responsible for many terrorist crimes.
The family was unable to attend the cremation. But the family members visited the
house where the police arrested Sarwan and talked to an old lady and several neigh-
bors who confirmed that the police had killed Sarwan Singh after capturing him.
Sarwan Singhs brother Tarsem Singh told us that the Punjab police also arrested
and killed his cousin Balwinder Singh, s/o Santokh Singh of Chogawan village.
tions carried out by ASI Gurmej Singh of Ramdas police on 31 October 1992. They
are of: [1] Tarsem Ram alias Seema, s/o Meju, r/o Bhourwala and [2] Anokh Singh,
s/o Banta Singh, r/o Bindi Sohian. There are no FIR and post-mortem report num-
bers. The cause of death is given to be accident.
form no. CCDP/01313 and 01601. The main informants are Tarsem Lals brother Gurpreet
Singh and Anokh Singhs father Banta Singh.
Thirty-six-year-old Tarsem Lal, s/o Meju Ram and Bilaso, was from village
Boharwala, post office Mohan Bhandarian, under Ramdas police station, in Ajnala
sub-division of Amritsar district. A Sansi Sikh, Tarsem Lal used to ply a tonga for his
livelihood. He was married to Amarjit Kaur and was the father of three sons and a
daughter. The eldest son Jagtar Singh is now 22. The daughter Balpreet Kaur, being
the youngest, is 12.
According to his brother Gurpreet Singh, our main informant in this case, Ramdas
police had illegally arrested Tarsem many times, and tortured him brutally under the
suspicion that he maintained links with militants. Tarsem, finally fed up and unable to
endure the custodial abuses any longer, left home.
The police began to pick up other members of the family and torture them for
information about Tarsems whereabouts. The family, however, had no information.
Thirty-year-old Anokh Singh, son of Banta Singh and Lal Devi, was a resident of
village Bhindi Saida, under Lopoke police station, in Ajnala sub-division of Amritsar
district. Anokh Singh was married to Beero and had two daughers, Karam Kaur and
Nanki, who are now 12 and 11. Anokh Singh and his four brothers earned their
livelihood as laborers. Their father did not own any land. Anokh was clean-shaven
and was not particularly religious. Anokh Singh had been arrested once in 1988 in
connection with a case of theft. Otherwise, the police did not suspect him of links
with the militant underground.
According to Anokh Singhs family members, one day in early 1992, Anokh
Singh left his house without informing anyone. Fearing that the police may have
arrested him, they searched for him without success at various police stations. Even-
tually, because of their poor financial condition, the family had to give up the search.
The police never came to their house to make any inquiries. They also did not know
about Anokh Singhs cremation on 31 October 1992 at Durgiana Mandir until the
CCDP members told them about it.
The information available from Tarsem Lals family suggests that Anokh Singh
and Tarsem were arrested together in Jammu in September 1992 and were lodged at
Jammu interrogation center. From there, Tarsem Lal managed to send a message to
his family. Fifteen days after receiving the message, Tarsem Lals brothers Gurdeep
and Sukhwinder, along with Appar Singh, former head of the village council, visited
him at the Jammu interrogation center.
Gurdeep, along with Anokh Singhs father, went to the interrogation center again
on 28 October 1992. The officers there told them that Tarsem and his associate
Anokh Singh had been taken to Amritsar for investigations by Ramdas police. They
came back and together with several members of the village council of Boharwal met
SHO Gopal Singh of Ramdas police station on 30 October 1992. The SHO denied
having them in his custody. The police had already killed them in an orchestrated
accident, reported by newspapers on 31 October 1992. The newspaper reports said
that the Majitha police were taking two militants, Tarsem Lal and Anokh Singh, for
the recovery of weapons when the vehicle in which they were traveling met with an
accident near Ramdas, killing both of them.
After reading the news reports, the families rushed to Durgiana Mandir crema-
tion ground at Amritsar. The pyres of Tarsem Lal and Anokh Singh were already
burning. Two days later, the families returned and collected the ashes.
Tarsems brother Gurdeep told The committee members that, sometime in 1996,
CBI officers came and recorded their statements. They had promised action against
the guilty police officials, but they have not heard about the initiation of any action
so far.
426 427: Under serial no. 530/147 and 531/148, the list identifies two crema-
tions carried out by SHO of Lopoke police station on 2 November 1992 under FIR
no. 132/92. They are of: [1] Malkait Singh alias Bapu, s/o Sardool Singh, r/o
Pandori Romana, Jhabbal; and [2] Gurmeet Kaur, d/o Manga Singh, Pandori,
Tatumal, Jhabbal. There are no post-mortem report numbers. The cause of death in
both cases is given as bullet injuries.
its incident report form no. CCDP/01239 and 01240. Sardool Singh, father of Malkeet
Singh, and Gurmeets mother Balwinder Kaur are the main informants in these cases:
Twenty-five-year-old Malkeet Singh alias Meeta, son of Sardool Singh and Surjit
Kaur, lived in village Pandori Rumana, post office Pandori Takhat Mall under police
station Jhabbal, in Tarn Taran sub-division of Amritsar district.
Malkeet Singh used to work as a constable with the Home Guard. He quit the
service because Sikh militant groups had been killing the family members of the
security forces personnel. Later, he even became influenced by the militant move-
ment and started interacting with persons connected with it. The police found out
and began to raid his house to arrest him. Malkeet deserted home to join the ranks of
the militant underground. The police began to hound his relatives, picking up his
father and brothers and detaining them in illegal custody for days together.
On 30 October 1992, the police arrested Malkeet from village Jasarahoor under
Lopoke police station and brought him to his village to help the police search his
house and the fields for weapons. His family members and other residents of the
village saw Malkeet Singh in police custody. The officers did not divulge their iden-
tities nor disclose where they had come from. The family members did not persist in
their inquiries because of the police terror at the time. After conducting the search
operation in the village, the police left with Malkeet. They also confiscated all house-
hold items and even carried away eight quintals of wheat stored in the farmhouse.
In the night intervening October 31 and November 1, Malkeet was killed in an
encounter staged near village Kotli. A report about the encounter that appeared
in several papers on 3 November 1992, disclosed that Gurmeet Kaur, daughter of
Mehnga Singh, from Pandori Takhat Mall, was also killed in the same encounter.
Gurmeet Kaur (18), was the daughter of Mehnga Singh and Balwinder Kaur from
Pandori Takhat Mall village under Jhabbal police station in Tarn Taran sub-division
of Amritsar district. A school student, Gurmeet was preparing for the matriculation
examination at the time of her disappearance in October 1992.
In 1991, Balwinder Kaurs elder brother Malkeet Singh, an SPO with the Punjab
police, was killed by some unidentified militants in village Bagarian. In October 1992,
Malkeet Singh, s/o Sardool Singh from the neighboring village, came to Gurmeets
house and requested her parents to let her help him escape the police dragnet. He
wanted her to accompany him. Her parents had no choice and let Gurmeet go. But,
from the fear of a police reaction, they left the village and began to temporarily live in
the city.
On 3 November 1992, Mehnga Singh and Balwinder Kaur read a newspaper story
which reported the killing of Gurmeet Kaur along with Malkeet Singh in an alleged
encounter with the police. The family was so scared of the police that it did not even
attempt to collect her ashes. Later, they found out that Malkeet Singh had been
arrested and taken to his village house for a search operation. This indicatd that both
Malkeet and Gurmeet had been killed in police custody and the story of the encoun-
ter, as in most such cases, was concocted.
tions under FIR no. 178/92 carried out by the Khilchian and the Jandiala police
on 17 November 1992. They are of: [1] Sahib Singh alias Chapni, s/o Pyara
Singh, r/o Kaleke; and [2] Jaswant Singh alias Jassa, s/o Dilip Singh, r/o Kalike.
The list does not give post-mortem report numbers. The cause of death for Sahib
Singh is given as bullet injuries and the cause of death for Jaswant Singh is
police encounter.
its incident report form no. CCDP/0374 and 01208. Piar Kaur alias Phinno, mother of
Sahib Singh, and Charan Kaur, mother of Jaswant Singh, are The committees main
informants in these cases.
Jaswant Singh, also known as Jassa, was 21 and the son of Dalip Singh, a driver
in the water supply department, and Charan Kaur. They lived in Khetal Di Patti
in village Kale Ke under police station Khalchian in Baba Bakala sub-division of
Amritsar district.
Jaswant Singh was a good sportsman in his school and excelled in kabaddi.
After his matriculation, Jaswant was recruited as a guard by the water supply depart-
ment where his father worked as a driver. He did not have any political or militant
background. He had never been arrested or interrogated by the police. Jaswant was
unmarried.
On 8 November 1992 evening, around 4:30 p.m. Jaswant was taking a bath at
the hand pump in the courtyard of his house. It was a Sunday, and his father
Dalip Singh was also at home. Suddenly, six constables led by the SHO of Khalchian
police station entered the courtyard from the neighboring house that belonged
to Dalip Singhs elder brother. The SHO asked Jaswant Singh for his name and
then asked him to get dressed. Jaswant was taken away in a police vehicle in front of
many villagers who became curious on seeing the police and had gathered outside
the house.
The same evening, Dalip Singh, along with some villagers, went to Khalchian
police station. But the SHO denied having Jaswant in his custody. Dalip Singh, other
family members and their sympathizers spent the next week looking for Jaswant in
various police stations of the district in vain.
Three days after the arrest of Jaswant Singh, SHO Satwant Singh of Khalchian
police station raided the house of Sahib Singh, a resident of the same village, Kale
Ke. The police planned to arrest Sahib Singh, but he was not home.
Twenty-seven-year-old Sahib Singh, s/o Piara Singh and Piar Kaur, was em-
ployed with the Punjab State Electricity Board. He was married to Rajwinder Kaur
and had a daughter Navjot Kaur, who is now 11. A clean-shaven Sikh, Sahib Singh
was not particularly religious and had no political or militant background. He had
The sudden police raids of Sahib Singhs house were linked to the arrest and
interrogation of Jaswant Singh. Sahib Singh panicked and kept away from the house.
On 14 November 1992, SHO Satwant Singh arrested his father Piara Singh, and the
next day, the police arrested all his four brothers-in-law, husbands of his four sisters.
They are: [1] Swaran Singh, r/o Pheithara village in Tarn Taran; [2] Harbhajan Singh
of Jhabbal village; [3] Bohar Singh Laiyan of Tarn Taran; and [4] Nirmal Singh
Nawanpind of Bundala village in Amritsar. After arresting them, SHO Satwant Singh
released Piara Singh on the condition that he would locate and produce his son
Sahib Singh. Otherwise, he threatened to be very harsh to his sons-in-law, now in
his custody. It is not clear how the police arrested Sahib Singh, but the same evening
the Khalchian police came with Sahib Singh to search his house. His sister Sukhwinder
Kaur and other relatives who saw him in police custody noticed that he had been
badly tortured. He could not walk and his arms were also limp. He wanted a glass of
water, but could not drink it himself. His sister had to help him. Many in the village
witnessed the search operation.
The SHO released Sahib Singhs brothers-in-law from illegal custody the next
morning, but arrested Laadi, s/o Gurmeet Singh of Kaleke village, and Manjit Singh
of Sudhar village near Kale Ke.
On 18 November 1992, newspaper reports highlighted an encounter that sup-
posedly occurred at a police checkpost, set up by Khalchian police, between Dhulka
and Bania villages. According to the story, the police
challenged four persons who were walking towards the
checkpost to stop and be frisked. But these persons
opened fire and got killed in the retaliatory action. The
militants were identified as Jaswant Singh, Sahib Singh
and Laadi of village Kale Ke and Manjit Singh of
village Sudhar.
After reading the newspaper report, the family mem-
bers went to Khalchian police station where the police
informed them that they had already cremated the four
men at Durgiana Mandir cremation ground and the fami-
lies could collect their ashes. When the families went
to the cremation ground, the attendants directed them
to a single pyre on which all four had been cremated together. The four families
distributed the ashes among themselves.
In spite of the fact that the newspaper reports, based on a police handout, iden-
tified all four killed in the encounter, the CBIs list identifies only the cremations of
Sahib Singh and Jaswant Singh. The other two cremations, carried out by Khalchian
police under FIR no. 178/92 on 17 November 1992, are recorded in the CBIs list of
unidentified cremations Under serial nos. 537/304 and 538/305 with post-mortem
report numbers GM/953/92 and GM/952/92.
After the killing of Jaswant Singh, his father Dalip Singh twice attempted to
commit suicide by taking poison. He became a patient of insomnia and was under
medical treatment. He used to often cry remembering his son Jassa, saying he
wanted to join him in heaven. One day, he went to the tube-well room in his fields and
was found dead there by his family later. He had been electrocuted. The family
suspects that Dalip Singh committed suicide.
The CBI officials visited these families a number of times after the Supreme Court
ordered an inquiry into the matter of illegal cremations. They also called Jaswant
Singhs mother Charan Kaur to Delhi and told her that they intended to prosecute
the guilty officials. But nothing has happened in the case. Every time the CBI offi-
cials came to the village for making inquiries, former SHO Satwant Singh used to
follow their trail and threaten potential witnesses with serious consequences if they
deposed against him. He even called Piara Singh, Sahib Singhs father, to the village
police post and told him not to make statements against him to the CBI. Some months
after receiving these threats, Piara Singh, who had become very ill after his sons
killing, also died.
tions carried out by SHO Satwant Singh of Khilchian police station on 26 Decem-
ber 1992, under FIR no. 187/92. They are of: [1] Lakhwinder Singh alias Bohra, s/
o Surinder Singh, r/o Chajjiwadi; and [2] Tarsem Singh alias Kala, s/o Gurdayal
Singh, r/o Muchal. The post-mortem report numbers are not given and the cause of
death is given as encounter.
its incident report form no. CCDP/01505 and 01676. The main informants are Tarsems
Jaswant Singh
brother Lakhwinder Singh and Lakhwinders brother Sukhdev Singh.
Thirty-year-old Lakhwinder Singh alias Lakha, son of Surinder Singh and Amar
Kaur, was a resident of Chhajjal Wadhi village, Patti Baggu Ki, under Khalchian
police station, in Baba Bakala sub-division of Amritsar district. After completing his
matriculation in 1986, Lakhwinder was employed as a watchman by the Food Corpo-
ration of India, but was suspended from the service on the ground of negligence of
duty after some months. Lakhwinder then applied for a job with the Punjab police
and was recruited as an SPO.
In 1988, Lakhwinder was suspected of being involved in a murder case in
Shahjahanpur, a village under Katar police station, in Uttar Pradesh, when he was
visiting that village. The Uttar Pradesh police raided Lakhwinders house in his
native village to arrest him for an interrogation. But Lakhwinder dodged his arrest
and went underground. Jandiala police, recognizing that Lakhwinder was abscond-
ing, confiscated all of the belongings of his fathers house to coerce him to produce
Lakhwinder before the police. But Surinder Singh was unable to trace his son and
continued to suffer police torture. The police also did not allow Surinder Singh to
cultivate his land for nearly five years. The police arrested his elder son Basant
Singh and, after torturing him under interrogation lasting more than 10 days, impli-
cated him in a case under TADA. Meanwhile, Lakhwinder had apparently become
used to his life as a fugitive and even got married to Harpal Kaur with whom he had
a daughter.
Sixteen-year-old Tarsem Singh, son of Gurdial Singh and Kashmir Kaur, was a
resident of Muchhal village, Patti Gillan Di, under Khalchian police station, in Baba
Bakala sub-division of Amritsar district. The second of Gurdials three sons, Tarsem
did not attend school and worked on his farm. He was unmarried.
Gurdials house was built on his farmland, a little outside the main village. During
the period of troubles in Punjab, militants would often come to the house for food
and shelter and Tarsems family had no choice but to fulfill their demands. There
were no policemen around at nights when armed militants came to seek food and
shelter. The policemen only harassed the families later in the daytime.
According to his brother, a few militants led by Lakhwinder Singh of Chajjal
Wadhi village, reasonably well-known in the area, came to Tarsem Singhs house on
22 December 1992 and abducted Tarsem Singh under the pretext of taking him along
to help with some shopping at the local grocery store. Tarsem did not return home.
Tarsem Singhs family immediately notified the head of the village council who in
turn sent a report to SHO Satwant Singh of Khalchian police station. The SHO
counseled the family members to secure Tarsems release on their own and not
involve the police. He promised to help in locating him discreetly.
On 25 December 1992, the Khalchian police, led by SHO Satwant Singh, were able
to surround Lakhwinder Singh, his wife Harpal Kaur, their six-month-old daughter
and Tarsem Singh when they were cycling through the fields near village Dhoolka.
The police shot all of them down and announced the incident as an encounter.
Several newspaper reports that appeared the following day, identified Tarsem Singh,
Lakhwinder Singh and Harpal Kaur by their names as militants who had been killed
in a police action. The killing of the six-month-old girl was not reported.
The CBIs identified list shows the cremations of only Lakhwinder Singh and
Tarsem Singh. Harpal Kaurs cremation is recorded in the CBIs list of partially
identified cremations Under serial no. 553/88. Her daughters cremation is not re-
corded in any of the lists.
tions carried out by the SHO of Ajnala police station, under FIR no. 96/92, on 30
December 1992. They are of: [1] Daljit Singh, s/o Kashmir Singh, r/o Khiala; and
[2] Jagir Singh, s/o Thakur Singh, r/o Awan Lakha Singh. There are no post-
mortem report numbers. The cause of death is mentioned as encounter.
its incident report form no. CCDP/01419. Kashmir Singh, father of Daljit Singh, is the
main informant in this case.
Daljit Singh was a 20-year-old Mazhabi Sikh boy from village Khiala Khurd,
post office Khiala Kalan under Lopoke police station in Ajnala sub-division of
Amritsar district. Daljit had two older brothers, Rajwant Singh and Baljit Singh,
and, together, they ran a dairy farm that yielded a good income. Their father Kash-
mir Singh was a landless farmer and had raised them doing manual labor. He and
his wife Sawinder Kaur had led a hard life. But they were now happy knowing that
their sons were doing reasonably well and would be able to take care of them in
their old age.
Their happiness did not last long. Around 7 p.m. on 13 December 1992, SHO
Dharam Singh and his police force raided Daljits house and in his absence, ar-
rested his father Kashmir Singh and his brothers Rajwant Singh and Baljit Singh.
The Lopoke police brutally tortured Kashmir to get information about Daljits where-
abouts. Daljit was arrested the same night from the house of Dalbir Kaur, a resident
of Navin Abadi near Ratan Singh Chowk in Amritsar, and brought to Lopoke police
station where SHO Dharam Singh had him tortured brutally until the early hours of
the next morning.
The next morning, the police released Daljits brothers Rajwant Singh and Baljit
Singh. The police did not release their father because of his critical condition follow-
ing his torture. Kashmir Singh, who was released two weeks later, never saw his son
Daljit again. Daljit simply disappeared. Presumably, he was kept alive for 17 more
days as the CBIs list shows his cremation was carried out by Ajnala police on 30
December 1992. He was supposedly killed in an encounter along with Jagir Singh,
s/o Thakar Singh, r/o Awan Lakha Singh village. The CBIs list also shows his
cremation.
Later, Kashmir Singh filed a petition before the High Court of Haryana and Punjab
at Chandigarh praying for a writ of habeas corpus. The high court ordered an inquiry
to be conducted by a magistrate at Amritsar. While the petition was still pending, the
CBI launched its inquiry into the matter of illegal cremations ordered by the Supreme
Court. According to Kashmir Singh, the CBI has filed a charge-sheet in this case
against the responsible police officials.
434. Under serial no. 571/157, the list identifies the cremation of Gulzar alias
Baba Bullet, s/o Acchar Singh, r/o Ganshampur, carried out on 8 January 1993, by
the SHO of Matewal police under FIR no. 1/93. The list does not show the post-
mortem report number. The cause of death is given as police encounter.
Jagtar Singh.
Twenty-two-year-old Gulzar Singh, son of Achhar Singh and Hardeep Kaur, was
a resident of Ghanshampura village under Mehta police station in Baba Bakala sub-
division of Amritsar district.
A baptized Sikh, Gulzar completed his matriculation, learnt to drive a truck and
found a job as a driver with a transport company. He was unmarried and harboured
sympathies for the Sikh militant movement. In 1992, the police started raiding Gulzars
house to arrest him. Gulzar dodged his arrest and went underground. Characteristi-
cally, the police harassed his relatives, holding them in illegal custody and torturing
them for information about Gulzars whereabouts.
On 7 January 1993, Gulzar and four of his associates were resting in a house at
village Tarpur when a large police force, alerted by a local informer, stormed the
house and killed all five of them. The police loaded the five bodies in a vehicle and
went away. Gulzars family members were not informed about the incident and, when
they reached the Durgiana Mandir cremation ground while the pyres were still burn-
ing, the police ordered them to leave.
The CBIs identified list shows only one cremation of Gulzar Singh. Cremations
of Satnam Singh alias Skinja, r/o Cheema Khudi in Hargovindpur sub-division of
Gurdaspur district, and of Surinder Singh alias Billa are recorded in the partially
identified list of cremations, Under serial nos. 570/89 and 572/90. These cremations
were also carried out by the SHO of Matewal police under FIR no. 1/93 on 8 January
1993. The CBIs list of unidentified cremations, Under serial nos. 573/324 and 574/
325, shows two other connected cremations on 8 January 1993.
Singh alias Goldi, s/o Mukhtar Singh, r/o Brar, carried out by the Jandiala police
on 13 February 1993, under FIR no. 25/93. There is no post-mortem report num-
ber. The cause of death is given as bullet injuries.
no. CCDP/01417. The main informant is Mukhtiar Singh, Sukhwinders father.
Eighteen-year-old Sukhwinder Singh, s/o Kashmir Singh and Preetam Kaur, was
from the locality of Baath Wali Patti in Brar village, under Lopoke police station, in
Ajnala sub-division of Amritsar district. He was a first year college student.
Sukhwinders father Mukhtiar Singh was a small farmer who had retired from the
Indian army . He had a large family of three sons and three daughters. Sukhwinder
was the youngest. To supplement his meager agricultural income, Mukhtiar Singh
worked as a security guard at the local branch of Punjab National Bank.
In the year 1990, militants gunned down Sukhwinders sister Sawinder Kaur and
her husband Sukhjinder Singh, resident of Kahnuwal village in Gurdaspur district,
when they were visiting a relative at Chaura Madhra. Sukhwinder was infuriated by
this incident and vowed to take revenge. He joined a rival militant group. Normally,
the state government paid compensation to victims of terrorist violence, but in this
case, the government did not provide any relief to the families of Sawinder Kaur and
Sukhjinder Singh.
Police began to persecute the entire family, including distant relatives, after
Sukhwinder left home to seek his revenge. SI Raghbir Singh Makhi from the Mall
Mandi interrogation center picked up Sukhwinders brother-in-law, husband of his
second sister Baljit Kaur, Booa Singh. Son of Channan Singh from village Nawan
Pind (Hundal), post office Babbewali in Gurdaspur district, Booa Singh was an em-
ployee of the Punjab Electricity Board. SI Raghbir Singh also arrested another
relative Major Singh, s/o Sucha Singh, r/o Sidhwan village in Dhariwal sub-division
of Gurdaspur district. The police tortured both of them at the Mall Mandi interroga-
tion center and then they disappeared.
The police also detained Sukhwinders father Mukhtiar Singh a number of times
illegally for months together, subjecting him to brutal torture for information.
Sukhwinders maternal relatives were also picked up and interrogated. The police
wanted them to disclose Sukhwinders whereabouts and cooperate with his arrest.
But no one had any knowledge of his residence or whereabouts.
Early in December 1992, Ramdas police took Mukhtiar Singh again into illegal
custody and, after torturing him for days together, transferred him to Beas police
station. The police also confiscated all of his household belongings and demolished
a part of his house, making it uninhabitable. The police also did not allow the family
members to harvest their paddy crop, forcing it to rot in the field. The losses from
these depredations are estimated to be more than Rs. 300,000.
Early in February 1993, Sukhwinder came to know about his father being in illegal
custody for more than two months and also discovered the intensity of police atroci-
ties against the remaining members of his family. Fearing that the police might kill his
father, Sukhwinder met sub-inspector Balkar Singh, a man from his own village, and
spent the night of 9 February 1993 at his house in Amritsar discussing ways to get
his father released from illegal police detention. Balkar Singh sent a message to the
SSP of Majitha district about his visitor and worked out a plan to get him arrested.
The next morning, Sukhwinder took a pillon ride on Balkar Singhs motorcycle with
the intention to get off at the bus stand. On the way, near Putlighar crossing in
Amritsar, the police had put up a big checkpost and managed to arrest him. He was
brought to Mall Mandi interrogation center where SSP Majitha and other senior
officers supervised his interrogation under brutal torture. The police tortured
Sukhwinder continuously for two days.
Sukhwinder was declared to have been killed, along with another unidentified
militant, in an encounter with the Jandiala police that was staged near Gehri Mandi
village on February 12 night. On 14 February 1993, Punjabi newspapers prominently
published the story of the encounter. The family members were not allowed to
witness the cremations, which were carried out on 13 February 1993.
In the encounter, the police claimed to have killed another unidentified militant
along with Sukhwinder Singh. However, the CBIs list of unidentified cremations
does not show any other cremation on 13 February 1993, carried out by Jandiala or
any other police. What happened to the body remains a mystery.
436. Under serial no. 586/164, the list identifies the cremation of Satnam Singh, s/
o Mohinder Singh, r/o Jahupur, Khera, carried out by the Beas police on 19 March
1993, under FIR no. 12/93. The post-mortem report is marked as ND/718/93 and
the cause of death given as police encounter.
its incident report form no. CCDP/0773. The victims father Mohinder Singh Dhillon
is the main informant.
Twenty-four-year-old Satnam Singh, s/o Mohinder Singh Dhillon and Nasib Kaur,
was a resident of Jallupur Khaira, under Beas police station, in Baba Bakala sub-
division of Amritsar district. Satnam attended school till class VIII and then went to
Mumbai to become a truck driver. Becoming a skilled driver, he found employment
with a transport company based in Bombay, and used to ferry goods across India,
including Punjab.
In July 1991, when Satnam had come home to spend some time with the family,
the Verowal police arrested him from his residence and interrogated him under brutal
torture for 15 days. Satnam was tortured so severely that he could not move. But he
and his family members were relieved that instead of killing him, the police decided to
implicate him in a case under the Arms Act. The magis-
trate saw that Satnam had been brutally tortured as the
police had to physically lift him into and out of the
court. But he did not take any cognizance of this and
sent him to jail. He was released on bail four months
later. Satnam decided to resume his work as a driver,
returning to Punjab intermittantly to attend the pro-
ceedings of his trial before an Amritsar court.
The hearing in the case wa set for 11 March 1993.
Satnam reached his village a few days earlier and at-
tended the proceedings along with his father and a rela-
tive Lakhwinder Singh, resident of Kaula village in Tarn
Taran sub-division of Amritsar district. Following the
hearing, as Satnam was leaving the court room, a group
of constables from Beas police station, led by head constable Jagtar Singh, took him
into custody and drove away with him in a police vehicle.
Mohinder Singh, along with some relatives and members of his village council,
met SHO Paramjit Singh of Beas police station the next day and asked him why his
son had been arrested outside the court. The SHO said that Satnam had been de-
tained for questioning about his antecedents and would be released after a verifica-
tion of his statements, a promise he continued to repeat over the next days. Mohinder
Singh learnt that his son, after some days of custody at Beas police station, was
transferred to Mall Mandi interrogation center. The SHO told him not to worry,
promising once again that his son would not come to any harm. Mohinder Singh
believed him and did not approach senior officials.
On 20 March 1993, several newspapers in Punjab published a report about an
encounter near Tong village in which the Beas police had supposedly killed Satnam
Singh, declared to be a militant, along with an unidentified accomplice. Mohinder
Singh later found out that the so-called unidentified accomplice was Dilbagh Singh,
s/o Sawinder Singh of Khijkipur, a constable of the Punjab Armed Police, who had
been arrested on suspicion of helping the Sikh militants.
The cremation of Dilbagh Singh, suspended constable of the Punjab Armed
Police, carried out by the Beas police on 19 March 1993 under FIR no. 12/93, is
recorded without a name as Serial no. 587/329 in the CBIs list of unidentified
Satnam Singh
cremations. Dilbagh Singhs story is summarized in the appropriate section.
Satnams older brother Kulwant Singh, who had migrated to Muscat, could not
visit his parents to console them until nearly four-and-a-half years after the tragedy,
reaching his village on 2 August 1997. On 31 August 1997, ASI Jagtar Singh, in-
charge of the police post at Raiyya, came to Mohinder Singhs house with a group of
constables and took Kulwant Singh into custody. This was the same Jagtar Singh
who, as a head constable in March 1993, had abducted Satnam when he was leaving
a court room at Amritsar after attending the proceedings in his case on 11 March
1993. The police kept Kulwant in illegal custody for five days and then, on 5 Septem-
ber 1997, showed him to have been arrested at a checkpost within the jurisdiction of
Beas police station. The police implicated Kulwant in cases of unresolved militant
crimes in the period of 1990 to 1991 and sent to jail. Within a month, the trial court
ordered his release on bail and Mohinder Singh, along with members of the village
council, met the SSP of Majitha police district to acquaint him with the circumstances
in which ASI Jagtar Singh had implicated his second son. The SSP conducted an
inquiry and ordered the withdrawal of all cases registered against Kulwant Singh.
However, no action was taken against ASI Jagtar Singh who, according to Mohinder
Singh, had taken this step preemptively to thwart any legal action the family may
have thought of initiatiating against him, for the abduction and the killing of Satnam
Singh in March 1993.
Jagtar Singhs action did indeed achieve that objective.
437. Under serial no. 608/170, the list identifies the cremation of Lakhwinder Singh
alias Lakha, s/o Harbhajan Singh, r/o Chowgan, carried out on 16 May 1993, by SHO
Udham Singh of Mehta police station. The list neither records the FIR number nor
mentions the post-mortem report. The cause of death is given as police encounter.
its incident report form no. CCDP/01214. Satwant Kaur, the victims mother, is the
main informant.
Thirty-year-old Lakhwinder Singh, resident of Charhdi Patti in village Chogawan
under Mattewal police station in Baba Bakala sub-division of Amrisar district, was
the second son of Harbhajan Singh and Satwant Kaur. He had two brothers: Tarlochan
Singh and Upkar Singh. Tarlochan was the elder brother. Upkar, the youngest, used
to live with his maternal grandmother. They also had a sister who had been married
for many years. She was the eldest of the siblings.
Father Harbhajan Singh was a mechanic and owned a welding shop in the village.
Lakhwinder, who dropped out of school after class VIII, used to work with his father.
He was married to Sarabjit Kaur and was the father of a boy, Daler Singh, who is now
14. Sarabjit Kaurs parents lived in Delhi.
Lakhwinders elder brother Tarlochan Singh had also been an active worker of
the Sikh Students Federation and had participated in the political agitation launched
by the Akali Dal in July 1982, to achieve a radical measure of autonomy for Punjab.
After the Operation Blue Star in June 1984, the police marked him as a suspect and
arrested him very frequently. Sometimes, the police would release him after question-
ing. Other times, they would torture him in illegal custody for several weeks. He was
also implicated in many criminal cases under various laws, including TADA and the
Arms Act. The police harassed him whenever he came out on bail. They would pick
up his family members if he was not home. In this situation, life had become impos-
sible for all of the family members.
Fed up of endless harassment and torture, Tarlochans wife went away to live
with her parents in Amritsar. Tarlochan too began to live with them. Lakhwinder went
to Delhi and got himself a job at an automobile workshop as a scooter mechanic.
Lakhwinder and his wife moved to a rented house in Delhi.
Meanwhile, father Harbhajan Singh began to serve in the gurdwara at village
Pandori Sidhwan as a paathi. The police continued to harass him even there, ille-
gally detaining him and also his wife, and interrogating them under torture about the
militant connections of their sons. After both Tarlochan and Lakhwinder moved
away from their village, the police began to suspect that they had joined some
militant organisation. Harbhajan Singh and Satwant Kaur told them that they were
living in Delhi to escape persecution. The police demanded that they be produced
for interrogation. These were times of uninhibited police repression and terror,
and custodial killings were a daily phenomena. Under these circumstances,
Satwant Kaur and Harbhajan Singh did not dare to submit their sons to police
interrogation.
Around 5 p.m. on March 1993, the Amritsar police raided the house of
Tarlochans in-laws at Kot Atma Ram in Amritsar and took him away without
disclosing their destination. The family members searched for him in many police
stations in Amritsar district but failed to locate him. Tarlochan Singh simply disap-
peared. No one knows what happened to him, when or how the police eliminated him
and destroyed his body.
In May 1993, the Mattewal police arrested all of the close relatives of Lakhwinder
Singh living in Punjab, including his parents, brother Upkar Singh, his mother-in-law,
sister-in-law and all their children. Lakhwinders mother-in-law and sister-in-law were
tortured and forced to reveal his address in Delhi. SHO Udham Singh of Mehta
police station forced Lakhwinders brother-in-law Dara Singh to come along with his
police force to Delhi.
Lakhwinder was arrested from his rented house in Delhi and brought to Mattewal
police station on 15 May 1993. He was killed the same night in a fake encounter
staged near village Boparai. The story of the encounter that appeared in several
newspapers on 17 May 1993 was the stock-in-trade. The newspapers said that a
group of militants attacked the police vehicle in which Lakhwinder was being taken
to recover arms, leading to an exchange of fire in which he was killed.
The police did not allow the family members to attend the cremation or collect his
ashes. All of the family members held in illegal police custody since the beginning of
May 1993, with the exception of Lakhwinders father, were released the day after the
police carried out the cremation. Harbhajan Singh was released 20 days later.
Harbhajan Singh never recovered from the loss of his two sons. Three years later,
he walked to the site near Boparai village where the police had staged Lakhwinders
encounter. He suffered a heart attack there, and died on the spot.
Tarlochans wife, with her three minor children, lives with her parents in Amritsar.
Lakhwinders widow Sarabjit Kaur went back to her parents in Delhi. Mother Satwant
Kaur tries to make both ends meet by selling milk from the only cow she owns, and
also doing embroidery work for people in the village.
438. Under serial no. 614/173, the list identifies the cremation of Rachpal Singh, s/
o Pargat Singh, r/o Akalgaira, carried out by SHO Paramjit Singh of Beas police
station on 24 August 1993, under FIR no. 73/93. There is no post-mortem report
number. The cause of death is given as bullet injuries.
its incident report form no. CCDP/01509. The main informant is the victims father.
Rachhpal Singh (26), son of Pargat Singh and Bachan Kaur, was a resident of
village Ekalgadda, Patti Samaran, under Verowal police station, in Khadur Sahib sub-
division of Amritsar district. He was a farmer and unmarried. He had to give up school
because his father Pargat Singh was still serving with the Indian army as a JCO and the
family land needed to be looked after. Rachhpal was sportive and enterprising. He was
a good football player and apart from cultivating his farm, started the additional busi-
ness of selling milk. Rachhpal was clean-shaven and did not have strong religious
feelings. He also had no connection with political or militant organizations.
Rachhpal, with his small successes, had managed to antagonize some locally
influential persons who, in 1988, instigated the SHO of Jandiala police station to
arrest him by suggesting that he sheltered militants. The members of the village
council intervened on his behalf. However, after interrogating him under torture for
more than a week, the SHO of Jandiala police station implicated him in a criminal case
under TADA and sent him to jail. Rachhpal Singh was acquitted after one year.
However, the police continued to raid his house and harass him. Rachhpal tried
unsuccessfully to muster some effective intervention on his behalf and when his
harassment became unbearable, he left home.
The police started tormenting his family members, arresting and torturing them
indiscriminately. Fed up by the police harassment, they told to the police that Rachhpal
Singh had been killed in an encounter with Orissa police. This was a lie, but the
family was trying to get some respite from the police torture. The lie worked only for
a while and soon the police found out that Rachhpal Singh was alive and in Punjab.
The persecution intensified. The police did not let the family cultivate their land. The
police regularly picked up and tortured family members and other relatives, including
women. They did not even spare pregnant women. Rachhpals sister-in-law, his
brother Balraj Singhs wife, and the wife of his cousin Tarsem Singh, gave birth to
two children in the police station. Rachhpals three sisters were often abducted and
humiliated in illegal police custody. His father Pargat Singh and brother Balraj Singh
were held continuously at Tarn Tarans CIA interrogation center.
In July 1993, the Taran Taran police released Rachhpals father and brother with
the instructions to look for him and produce him before the police. They were told
that unless they succeeded in bringing him in, other members of the family in police
custody would be eliminated. Around 18 August 1993, the Beas police again ar-
rested Pargat Singh and Balraj Singh from their house and brought them to Beas
police station. There, they met Rachhpal Singh. The SHO of Beas police station and
SP (operations) Banga tortured him brutally for information about his hidden weap-
ons. After his torture, Rachhpal was carried away in an unconscious state. Pargat
Singh and Balraj Singh remained in the custody of Beas police till 26 August 1993.
But they did not see Rachhpal Singh again.
Rachhpal was killed in an encounter with the Beas police in the night between
23

and 24 August 1993, near village Jallu Khaira. After his cremation the next day, the
police released all his relatives and family members who had for long been living in
police custody.
No one in the family was able to attend the cremation. They were also not
allowed to collect Rachhpals ashes.
439. Under serial no. 616/175, the list identifies the cremation of Rulia Ram, s/o
Birsa Singh Mazabi, r/o Khalchian, carried out on 7 September 1993,by SHO
Satwant Singh of Beas police station under FIR no. 77/93. There is no post-mortem
report and the cause of death is mentioned as bullet injuries.
its incident report form no. CCDP/01333. The main informants in this case are Lakhbir
Kaur, the victims widow and Dharam Singh, the father of two other boys Arror Singh
and Harjit Singh from the same neighborhood who were picked up around the same
time and killed in a fake encounter.
According to the information available to the CCDP, the actual name of the victim
is Rulia Singh and not Rulia Ram as given in the CBIs list. He was a 30-year-old
Mazhabi Sikh born to Virsa Singh and Amar Kaur who lived at Khalchian village in
Baba Bakala sub-division of Amritsar district. His father was a poor landless peasant
who had raised his family by working as a farm laborer. Due to poor financial condi-
tion, Rulia was not able to study beyond class V and had begun to work as casual
labor to supplement the family income when he was still a teenager. Later, Rulia
started driving a tonga for his livelihood. He had no political or militant connections,
but the police had interrogated him a few times about his involvement in petty cases
of theft. He was formally never arrested. Rulia Singh was married to Lakhbir Kaur and
had five children, three sons and two daughters. The eldest son Ranjit Singh is now
15 and the youngest Suman, a daughter, is 11.
In the first week of August 1993, SHO Suba Singh of Verowal police station led a
police force in a raid of a cluster of houses in the village where Rulia Singh lived and
arrested him. The police also wanted to arrest Rulias neighbors Aroor Singh and
Harjit Singh, sons of Dharam Singh. Aroor Singh, 22, and Harjit, 20, worked as
laborers. Aroor Singh was married to Ninder Kaur alias Rani and had two sons, now
14 and 11. Harjit was married to Balwinder Kaur and had a daughter. The police
suspected Rulia, Aroor Singh and Harjit of having committed theft.
Both Aroor Singh and Harjit were not available when the police raided their
place. The SHO then arrested a number of their relatives, including their wives and
mothers-in-law, from their villages, and forced them under torture to reveal the where-
abouts of Aroor Singh and Harjit. The police also confiscated all of the household
items and jewelry found in the house.
Apparently, Rulia Singh knew that both Harjit and his brother Aroor Singh had
gone to Delhi. The Verowal police compelled him to come along and, with his coop-
eration, arrested Aroor Singh. Harjits brother-in-law Ravinder Singh, who had also
been brought to Delhi in illegal custody, helped the police catch him.
After the police made these arrests, Rulia Singh somehow managed to escape
from police custody. The police then arrested his wife Lakhwinder Kaur and her
mother from their native village Tung and forced him to surrender before the Khalchian
police in the presence of his family members.
Aroor Singh, Harjit Singh and a third person named Malook Singh of Dashmesh
Nagar were killed in a fake encounter that was staged near village Ekalgadda on 30 or
31 August 1993. What the police did to the bodies is a mystery since the CBI lists do
not show any cremations around these dates. The relatives of the three persons,
who had been detained at Khalchian police station since early August, were re-
leased a day after the reported encounter.
On 6 September 1993, the police staged yet another encounter near Khalchian
town that allegedly led to the killing of Rulia Singh. After his death, the Khalchian
police released both his wife and mother-in-law who had been taken into custody to
compel Rulia to surrender.
440. Under serial no. 617/176, the list identifies the cremation of Beer Singh, s/o
Lal Singh, r/o Matewal, carried out by the SHO of Mehta police station on 10
September 1993, under FIR no. 70/93. The post-mortem report number is not
given. The cause of death is mentioned as bullet injuries.
The committee has gathered the following information through its incident report
form no. CCDP/01317. The main informant in this case is Veer Kaur, the victims wife.
Fifty-year-old Beer Singh, s/o Lal Singh and Piar Kaur, was a Mazhabi Sikh from
Mattuan Di Patti in Mattewal village under Mattewal-Chogawan police station in
Baba Bakala sub-division of Amritsar district. Married to Veer Kaur with three chil-
dren, Beer Singh earned his livelihood as a casual laborer.
Although a Mazhabi, Beer Singh was a baptized Sikh and a Nihang. Beer Singh
had also worked as a laborer at the farm of Sham Singh of his village who had later
joined the militant ranks. In 1992, the Kathu Nangal police had arrested Beer Singh
twice, suspecting that he might be maintaining links with Sikh militants. Otherwise,
he had no political or militant connections and had never been formally arrested.
On 7 September 1993, Beer Singh left with his wife Veer Kaur for her native village
Booh in Kapurthala district. Her brother Ajaib Singh had died and her parents had
organized a religious function and a feast to mark the last rites. Beer Singh and his
wife were waiting for a bus at the main traffic roundabout in Mehta when five to six
policemen, led by SHO Udham Singh of Mehta police station, arrested Beer Singh
and took him away. Asked to explain why they were arresting him, the SHO told his
wife that she should come to the police station for answer. Veer Kaur was nervous of
going to the police station alone.
Instead of going to attend the last rites of her brother, Veer Kaur went back to her
village and tried to persuade some promiment persons and the members of the vil-
lage council to intervene and save her husbands life. The police terror was at its
peak around this time and no one from the village came forward to help. Being a poor
and illiterate woman, she could not approach higher officials or politicians in Amritsar
city for intervention and help.
Three days later, several newspapers published a report about Beer Singhs
killing in an encounter. The family members were neither able to attend the crema-
tion nor collect his ashes.
According to Veer Kaur, the police in a separate incident had also arrested her
nephew Balwinder Singh from Booh village in Kapurthala district and killed him in a
fake encounter. Balwinder was the son of her brother Ajaib Singh, whose last rites
she was prevented from attending on 7 September 1993.
tions carried out by the SHO of Ajnala police on 17 September 1993 under FIR no.
89/93. They are of [1] Bhajan Singh, s/o Nanku, r/o Brana; and [2] Balbir Singh, s/
o Swaran Singh, r/o Malkpur. Balbir Singhs post-mortem report is marked as
ND/849/93 and the cause of death in both cases is given as police encounter.
The committee has gathered the following information about Balbir Singh through
its incident report form no. CCDP/01259. Kulwant Kaur, the widow of Balbir Singh, is
the main informant in this case.
Thirty-year-old Balbir Singh, s/o Swaran Singh and Mohinder Kaur, from village
Malakpur, post office Botha under Ramdas police station, in Ajnala sub-division of
Amritsar district, was a Home Guard constable. He was married to Kulwant Kaur and
had two sons and two daughters. The eldest boy Jagjit Singh is now 15 and the
youngest daughter Baljit Kaur is 11.
As a constable of the Punjab Home Guard, Balbir was posted at Ajnala police
station from 1992 to 1993. In this period, Balbir developed an extra-marital relation-
ship with a girl of Mandranwala village. The relationship was strongly disapproved
of by the girls family and her brother Malook Masih picked a fight with Balbir
resulting in Masihs death. This happened in July 1993. Balbir had not murdered
Malook Masih premeditatedly but, instead of permitting the law to take its course, he
panicked and went into a hiding.
When the police came to arrest him, Balbir was not home. The police then de-
tained his father Swaran Singh and held him illegally at Ramdas police station till the
Ajnala police had arrested Balbir.
The Ajnala police succeeded in tracing Balbir Singh by arresting his cousin
(maternal uncles son) Harbhajan Singh from village Varana under Tarn Taran police
station. Harbhajan knew that Balbir had taken shelter at Kuldeep Kaurs house in
village Bolian. Thus, the Ajnala police was able to nab Balbir Singh. Both Harbhajan
and Balbir were kept in illegal custody for five to six days and then were killed in an
encounter staged near village Bolian.
According to the family members, who came to know about their killing from the
newspaper reports, and could not attend the cremation, none of them had any link
with the militant movement.
443. Under serial no. 621/179, the list identifies the cremation of Satnam Singh, s/
o Dalip Singh, r/o Harsa Chinna, carried out by SHO Harbhajan Singh of Lopoke
police station on 25 November 1993. There is no FIR number. The post-mortem
report is marked as ND/904/93. The cause of death is given as bullet injuries.
port form no. CCDP/01297. The main informant in this case is Gurbachan Kaur, the
victims mother.
Thirty-five-year-old Satnam Singh alias Satta, s/o Dalip Singh and Gurbachan
Kaur, was a farmer resident of Harsha Chheena, post office Sawazpur under Raja
Sansi police station, in Ajnala sub-division of Amritsar district. A baptized Sikh loyal
to the Akali Dal, Satnam was married to Jasmeet Kaur, daughter of Lakhbir Singh,
former DSP of the Punjab police.
As a member of the Akali Dal, Satnam had actively participated in the agitation
launched by his party in 1982 to obtain a radical measure of autonomy for Punjab. In
the course of the agitation, he had courted arrest several times. He was also a mem-
ber of the group, led by former chief minister Prakash Singh Badal, that had burnt
copies of the Indian Constitution in Delhi to demand an amendment to its Article 25
that labelled the Sikh community as a branch of the Hindu religious family. When the
Indian army launched its attack on the Golden Temple of Amritsar in June 1984,
Satnam Singh took a lead in collecting the people of his area and in marching with
them in a protest procession towards the Golden Temple. The army stopped the
procession near Kamboh-Hayer village junction on Ajnala to Amritsar road. To
disperse the crowd, the army opened fire and killed his cousin-brother Ranjit Singh,
s/o Dharam Singh. These events had a deep impact on Satnams life and he became
involved in organizing the armed struggle that became more and more virulent over
the next years.
Satnam Singh, who went underground in 1985, was not arrested until November
1993. In this period, he took a second wife by marrying Baljit Kaur, daughter of Surjan
Singh from Kuhar village under Qadian police station in Gurdaspur district. Baljit
Kaurs sister Jaswant Kaur later married Satnams brother Balkar Singh.
In this period from 1985 to 1994, Satnams family suffered immeasurable atroci-
ties. The police used to arrest and torture members of the family following frequent
raids of their house. The police did not even spare distant relatives. They prevented
his brothers and his uncles, who lived next to each other, from cultivating their lands.
They taunted and abused the women of the family, and prevented their children from
attending school.
Sukhdev Singh, a cousin of Satnam, was unable to tolerate these humilitations
and joined the ranks of militants. He was killed in an encounter in 1990.
In May 1992, the Amritsar police abducted another cousin Sucha Singh, s/o
Mohinder Singh, from his house and killed him in a fake encounter. Satnams real
brother Balkar Singh and his wife Jaswant Kaur were arrested by Mattewal police in
1992 and disappeared.
On 22 November 1993, senior officers of the Majitha police district, led by SSP
Paramjit Singh Gill and DSP Darshan Singh Mann, arrested Satnam from a house at
village Nagar under Gharinda police station. Az Di Awaz, a newspaper published
from Jalandhar, carried the news of his arrest. Satnam was tortured for two days in
the police custody and then declared killed in an encounter staged near village
Khihalan under Lopoke police station in the night of 24 November 1993.
The decade of violent unrest and its brutal repression in Punjab had claimed a
total of eight lives, including Satnams, within a single family. They include Satnams
three cousins Ranjit Singh, Sukhdev Singh and Sucha Singh; his brother Balkar
Singh and wife Jaswant Kaur, and two of his brothers-in-law, Gurdeep Singh and
Kuldeep Singh, sons of Surjan Singh from Kuhar village under Qadian police station
in Gurdaspur district.
444. Under serial no. 623/180, the list identifies the cremation of Sukhdev Singh
alias Sukha, s/o Karam Singh, r/o Kathu Nangal, carried out by the SHO of
Mehta police station on 4 January 1994. The list does not record the FIR and
the post-mortem report numbers. The cause of death is given as police
encounter.
its incident report form no. CCDP/00758. The main informant in this case is Swaran
Kaur, the victims mother.
Twenty-eight-year-old Sukhdev Singh, s/o Karam Singh and Swaran Kaur, was
a resident of Patti Ramal Ki in village Chachowali, post office Jaintipur, under
Kathu Nangal police station in Amritsar district. After completing his school edu-
cation, Sukhdev started helping his father with the farm work. He was married to
Ranjit Kaur. They had two children; daughter Prabhjot Kaur, now 11, and son
Ranjodh Singh, 10.
Sukhdev was arrested by Batalas Sadar police for the first time in 1988. They
illegally detained and tortured him for 10 days. The village council members inter-
vened and succeeded in getting him released from police custody. Some weeks
later, Kathu Nangal police arrested him from his residence and again tortured him
for 15 days. Following his third arrest by Kathu Nangal police, happening soon
after his second illegal detention, Sukhdev was charged under TADA and sent to
Sangrur jail. He was released on bail seven months later, but again, seven days
after he came out of jail, SHO Dilbagh Singh and ASI Amrik Singh of Kathu Nangal
police raided his house and detained and tortured him for the next 20 days. Once
again, the village council intervened and got him released from illegal detention. But
the police repression did not cease. Finally, Sukhdev decided to leave home and join
hands with the militants.
It was now the turn of his family members to endure atrocities. SHO Dilbagh
Singh, ASI Amrik Singh and SI Mahinder Singh Fauji would regularly pick up his
father Karam Singh, mother Swaran Kaur and brother Narinder Singh, hold them for
weeks together in illegal custody, and torture them brutally for information about
Sukhdevs whereabouts. These officers regularly went to Sukhdevs house and
insulted his mother, beating her up in front of all of the villagers. Swaran Kaur left to
live with her parents at Hasanpur in Amritsar district.
In October 1993, SHO Dilbagh Singh, SI Mahinder Singh Fauji and ASI Amrik
Singh arrested Swaran Kaur from Hasanpur and brought her to Kathu Nangal police
station. The police brutally tortured her for eight days. She would probably have
died if SHO Dilbagh Singh had not been transferred out of that police station. The
new SHO got her medically examined and treated. But Swaran Kaur remained in
illegal police custody continuously for three months.
In the first week of January 1994, the police released Swaran Kaur from illegal
custody. She did not know it at that time, but the newspapers in Punjab had already
published a report about the killing of her son in an encounter that had suppos-
edly occurred near village Rania under Lopoke police station. The newspapers also
carried a photograph of his body.
They later found out that Sukhdev Singh had been arrested from Orissa State
and brought to Punjab some days before the so-called encounter. The family was
unable to attend the cremation or carry out the last rites.
PARTIALLY IDENTIFIED SUMMARIES
Cremations in the Police District of Tarn Taran
1. Under serial no. 03/06, the CBI list partially identifies the cremation of Ranjeet
Singh alias Fauja Singh Mazabi, r/o Tarsika, whose cremation was carried out 19
March 1987 by ASI Joginder Singh of Tarn Tarans Sadar police station under FIR
no. 50/87. The post-mortem report number is USS-68/87. The cause of death is
The committee has gathered the following information about this case from its
Mohinder Kaur.
Ranjit Singh, son of Fauja Singh and Mohinder Kaur, from Tarsikka village, Patti
Mangat, under Mattewal police station, in Baba Bakala sub-division of Amritsar
district, was a nineteen-year old Mazhabi Sikh boy. He was baptized and religiously
very devout; he was also very actively involved in the agitation for political au-
tonomy launched by the Akali Dal in 1982. In the course of the agitation, Ranjit had
courted arrest a number of times and later took part in defending the Golden Temple
against the army assult in June 1984. According to Mohinder Kaur, Ranjit managed
to slip out of the temple complex before the battle tanks demolished the Akal Takht
and, thereafter, remained an active member of the underground militant movement.
In March 1987, Ranjit was travelling in a bus to Anandpur Sahib to take part in
the Hola Mohalla celebrations that commemorate the founding of the Khalsa Sikh
order by Guru Govind Singh in 1699. On the way, Tarn Taran police arrested Ranjit.
Ranjits associates, who managed to dodge the police, witnessed his arrest. A report
about his arrest was published in several Punjabi newspapers the next day. Five
days later, police killed Ranjit in an encounter faked at Sheron village near Tarn
Taran. Various newspapers also reported his killing in the alleged encounter.
According to Mohinder Kaur, the police inflicted inhuman torture on all members
of the family during the period her son remained underground. Mohinder Kaur her-
self was brutally tortured in illegal police custody.
2. Under serial no. 08/56, the CBI list partially identifies Teja Singh, s/o Bera
Singh Jat, whose cremation was carried out by SHO Surinder Singh of Tarn Tarans
Sadar police station 5 November 1988 under FIR no. 146/88. The post-mortem
report number is PS-67/88. The cause of death is given as police encounter.
mother Manjit Kaur.
Tega Singh, son of Dalbir Singh and Manjit Kaur, was a farmer rfrom village
Kang, under Tarn Tarans Sadar police station, in Tarn Taran sub-division of Amritsar
district. He was married, although his wife has since remarried.
In the beginning of 1988, Tarn Tarans Sadar police started raiding Dalbir Singhs
house in an attempt to arrest him. The first time they raided his house, Dalbir Singh was
not home, so the police and the CRPF abducted two of his sons, Tega Singh and Subeg
Singh. The police brutally tortured both of them. On the third day, the police released
Tega Singh at the intervention of the panchayat on the condition that the family would
locate Dalbir Singh and produce him before the police. A few days later, Subeg Singh
was also released, as he had to appear for his matriculation examination.
The police alleged that the family was giving shelter and food to the militants.
The family members said that as their house was situated in the fields, they dared not
refuse shelter and food to the militants. In those days, militants would often visit the
houses of those living in their farmhouses and demand food. Both Tega Singh and
Subeg Singh had been released by the police on the condition that they mark their
attendance at the village Police post everyday. As the police continued to raid their
house, the family decided to shift to Delhi to the house of Dalbir Singhs brother,
Gurdial Singh, who used to drive a truck there. Dalbir Singh also joined them in Delhi.
On 30 or 31 October 1988, the Tarn Taran Police brought Dalbir Singh, Tega
Singh, Gurdial Singh, and Dara Singh, resident of Lalpura, from Delhi. Manjit Kaur
and her younger children went away to her parents house in U.P. The Tarn Taran
police showed Dalbir Singh and his son Tega Singh as having been killed in an
encounter on 4-5 November 1988 near village Pakho Ke. The family learnt about it
by reading a report in the Punjabi daily Ajit published on 6 November 1988.
According to the newspaper report, two of five suspected terrorists, killed in the
encounter with the security forces in the area of Tarn Taran, had been identified. The
SSP Tarn Taran, Sanjiv Gupta, said that one of the terrorists killed in the encounter at
village Pakho Ke, had been identified as Balbir Singh alias Beera from village Kang.
The family does not know how the police disposed of the bodies of Dalbir Singh
and Tega Singh.
The police registered cases against Gurdial Singh and the driver from Lalpura
and they were sent to jail. Gurdial Singh was released on bail after six months.
In September 1989, Dalbir Singhs younger son, Subeg Singh, decided to go to
his village to look after his home and land. He first went to his aunts home at
village Talwandi Sobha Singh Wali and stayed the night. The next day he started
for Amritsar by bus. On the way, near Jhabbal, the police forced him off the bus
and arrested him. Later on, the family members read a news item in the newspapers
that a militant named Subeg Singh had been killed in an encounter with the
police.
The family was so scared of the police that they did not dare to return home
until 1990. Even then, the police continued to raid their house. They would pick up
Dalbir Singhs brother Gurdial Singh. Consequently, Gurdial Singh left home and
now lives in Mumbai (Maharashtra).
The police also detained Major Singh, Dalbir Singhs youngest son. The family
says that there was a group in the village that would instigate the police against
them by giving out false information. Each time the family would have to bribe the
police to get Major Singh, who was still in school, released. The family was forced
to sell an acre of land for this reason.
The CBI fully identified Dalbir Singh Under serial no. 26/57, but only partially
identified his son. The identities of the other persons reportedly killed with them
are not known.
3. Under serial no. 13/170, the CBI list partially identifies Sukhdev Singh alias
Sukha, r/o Jania, whose cremation was carried out by HC Didar Singh of Tarn Tarans
Sadar police station on 3 March 1990, under FIR no. 1/90. The post-mortem report
number is PS-19/90. The cause of death is given as fire arm injuries/encounter.
mother Harbhajan Kaur.
Seventeen-year-old Sukhjinder Singh alias Sukha, son of Ajaib Singh and
Harbhajan Kaur, was a farmer resident of village Janian, post office Bundala, under
Jandiala Guru police station, in sub-division and district Amritsar. Sukhjinder was
not formally associated with any militant or political groups. He did support Simranjit
Singh Mann and spent time canvassing for him in 1989. Sukhjinder also always used
to participate in religious functions held in his village. He collected donations and
organized langar, avoiding people with suspect motives. Sukhjinder went to Assam
where his uncle had a transport business, and he had been there for two months
before his execution.
Around18 February 1990, between 7 a.m. and 8 a.m., a large police party de-
scended on his village. Although all of the young people hanging out in the market
area fled, Sukhjinder stayed put. After that, he disappeared and his family could not
trace him.
On 2 March 1990, the police killed him in a false encounter on Dinewal road near
village Jahangir, along with three other alleged militants. The police declared
Sukhjinder an unidentified militant. The other alleged militants killed were identified
as Bhupinder Singh Phula, son of Sajjal Singh of Jandiala; Ranjit Singh Bitta, son of
Harbhajan Singh of Jandiala; and Dilbagh Singh Bagga. Newspapers reported the
police version of the encounter on 3 March 1990, along with photographs of all four
alleged militants. What happened to the other bodies is not known.
After Sukhjinders death, his younger brother Balwinder Singh fell ill and had to
start taking medication. After three months of illness, Balwinder was admitted to
Guru Nanak hospital in Amritsar where he died. After the death of both of his sons,
their father Ajaib Singh fell completely silent, never speaking again.
4. Under serial no. 19/269, the CBI list partially identifies Paramjit Singh
alias Sada Singh Jat, r/o Kambo, whose cremation was carried out by Inspector
Joginder Singh of Tarn Tarans Sadar police station on 22 October 1990 under FIR
no. 94/90. The post-mortem report number is PS-67/90. The cause of death is
given as encounter.
father Sadhu Singh.
Eighteen-year old Paramjit Singh, son of Sadhu Singh and Surinder Kaur, was a
resident of village Kamoh, post office Maluwal, under Jhabbal police station, in Tarn
Taran sub-division of Amritsar district. He was an Amritdhari Sikh. Paramjit was
inclined towards the militant and political movement in Punjab at that time. He would
often participate in religious and political functions.
Paramjit had left home around 16 October 1990. He did not return for a number
of days. On 21 October his family learnt that Tarn Tarans Sadar police had
killed Paramjit and three other youth near village Dugari. The others killed were
Gurvel Singh, resident of Jawande, Mangal Singh, resident of Pakho Ke and Harbhej
Singh, resident of Dharar. After getting this information, the family made inquiries at
Tarn Taran and learnt that the police had cremated the bodies at the Tarn Taran
cremation ground.
The following day, the next-of-kin of the other youth were also present at the
cremation ground. They had visited the site of the alleged police encounter. They
told Sadhu Singh, Paramjits father, that the police had arrested the young men at
Dugari after laying siege to the village. The militants, who the police had been trying
to catch, however, escaped. The police instead killed these young men. The police
had recorded their identification which shows that the police had asked them their
names and addresses before killing them.
The CBIs first list of identified cremations records the cremations of Mangal
Singh, son of Joginder Singh, rresident of Pakhoke; Harbhej Singh, son of Angrez
Singh, resident of Dharar; and Gurvel Singh, son of Joginder Singh, resident of
Jawande, Under serial nos. 92/267, 93/268 and 94/270. They were cremated under the
same FIR no. 94/90 by Inspector Joginder Singh of Tarn Tarans Sadar police station.
Their summaries are discussed in the appropriate section.
5. Under serial no. 21/284(a), the CBI list partially identifies Balwant Singh alias
Banka, r/o Pandori Sidwan, whose cremation was carried out by inspector Jagdish
Singh of Tarn Tarans Sadar police station on 6 November 1990 under FIR no. 107/
90. The post-mortem report number is PK-5/90. The cause of death is given as
police encounter.
brother Balwinder Singh.
Twenty-two year old Balwant Singh, son of Gurdeep Singh and Gurbachan Kaur,
was a Mehra Sikh resident of village Pandori Sidhwan, post office Pandori Ran
Singh, under Jhabbal police station, in Tarn Taran sub-division of Amritsar district.
He was an Amritdhari Sikh. Balwant Singh attended school until the middle level and
then began working as a labourer.
Although Balwant Singh was a supporter of the political and militant movement
in Punjab at that time, the police had never arrested him or registered a case against
him. However, the police had registered a case against his brother Balwinder Singh,
alleging that he had links with militants.
Balwant Singh started staying away from home during the last week of August or
September 1990, because the Jhabbal police had started raiding their house to arrest
him. The police picked up his father and brother Balwinder and detained them in
illegal custody for ten days. The police registered a case against Balwinder for the
second time and sent him to jail.
Even though the police have shown that Balwant Singh was killed in an encoun-
ter on 5 November 1990, his family only learnt of his death three months later, when
a young man visited them and told them that Balwant had been killed in an encounter
near village Jandoki Sarhalli by the Tarn Taran police. This young man had been
detained in the custody of Tarn Tarans Sadar police and sent to jail after a case was
registered against him. On his release he came to Balwants house to inform his
family. The youth did not disclose his name or address.
After getting this information, Balwants family went to the Tarn Tarans Sadar
police station. They were shown and recognised Balwants clothes and shoes. The
police told them that Balwant had been killed in an encounter, and this had been
reported in the news.
6-7. Under serial nos. 24/297, 25/301 and 26/302, the
CBI list partially identifies three persons whose cre-
mation was carried out by SHO/Inspector Jagdish Singh
of Tarn Tarans Sadar police station on 29 November
1990 under FIR no. 116/90. Their names are [1]
Mukhtiar Singh alias Mukha, s/o Hardeep Singh and
[2] Gurdeep Singh Mehra, r/o Pakhoke. The post-
mortem report numbers are SS-37/90, SS-37/90 and
PS-38/90, respectively. The cause of death is given as
firearm injuries.
tion about these cases from its incident report form no.
CCDP/01149. The main informant in this case is Gurdeep Singhs mother Sawinder
Kaur.
Eighteen-year old Gurdeep Singh, son of Darshan Singh and Sawinder Kaur, was
a resident of Pakho ke village, Lehndi Patti, under Tarn Tarans Sadar police station,
in Tarn Taran sub-division of Amritsar district. Gurdeep left school to become a tailor
and established his own shop. He was unmarried and lived with his parents. Accord-
ing to Sawinder Kaur, her son was not involved with any political or militant activi-
ties. He had never been arrested or interrogated before his murder.
Around 9 a.m. on 28 November 1990, Gurdeep had gone to Tarn Taran to pur-
chase some merchandise for his shop, but he did not return home in the evening.
Gurdeeps mother became very worried and made inquiries. Someone in the village
said that the officers of Sadar police station had arrested Gurdeep in Tarn Taran city.
She hoped the suggestion was just a rumour.
In the afternoon on 29 November 1990, Gurdeeps family members learnt that he
had been killed in an encounter along with some others. Sawinder Kaur immediately
rushed to Tarn Taran police station and came to know that the bodies had been taken
for cremation. The policemen had already left the scene when she reached the crema-
tion ground. The pyres were still burning. The attendants of the cremation ground
told her that the police had brought two bodies.
On 30 November 1990, several Punjabi newspapers published a report, based on
police sources, claiming that the Tarn Taran police had killed two militants, including
Baghel Singh from Hoshiarpur district. The report identified Gurdeep Singh as the
second person killed in the encounter.
It is not known why Baghel Singh and Mukhtiar Singh share the same post-
mortem report number of SS-37/90.
Gurdeep Singh
8. Under serial no. 27/359, the CBI list partially identifies the 21 March 1991
cremation of Salwinder Singh alias Sandhu, r/o Talwandi Chanchak, carried out by
SHO Surinder Singh of Valtoha police under FIR no. 25/91, dated 20 March 1991.
The post-mortem report number is listed as not applicable. The cause of death is
given as cyanide consumption.
wife Jasbir Kaur.
Thirty-nine year old Satinder Singh alias Salwinder Singh, son of Preetam Singh
and Tej Kaur, was a resident of village Talwandi Mutsadda Singh, post office Ghariala,
under Patti police station, in Patti sub-division of Amritsar district. He had com-
pleted his primary education. Satinder Singh was married to Jasbir Kaur and they
had two sons and a daughter. Satinder Singh was a farmer.
Preetam Singh, the father of Satinder Singh, is a retired subedar of the Indian
army . His older son Bhupinder Singh is also a retired subedar of the Indian army
. The younger son Satinder was engaged in agricultural farming. Satinder Singh had
no political or militant background. The police had never arrested him or registered a
case against him.
On 20 March 1991 at about 5 p.m., the Valtoha police, riding three vehicles, raided
his village. Satinder Singh was on his way to his fields. The police party picked him
up and brought him to his house. They searched the house for half an hour. Satinder
Singh stood near the police during the search. Villagers assembled there while the
police conducted the search. Nothing incriminating was recovered from the house.
The police then took Satinder Singh to the godown of the village society. On the
way, they started to torture him. The police slapped the villagers who protested at
the torture of Satinder Singh. The police demanded information about a militant
called Surjit Singh Jhankar as they beat Satinder with lathis. They alleged he had
received medical treatment while staying at Satinder Singhs house. According to
eyewitnesses from the villagers, Satinder Singhs condition became critical with the
beating. The police then pushed him into their vehicle and took him away.
The following day, family members and eminent villagers and a tractor full of
people went to police station Valtoha. Surinder Singh, the SHO at Valtoha, told them to
inquire at Patti. When the villagers reached Patti they were told that Satinder Singh
was not there. They then went to the hospital where they learnt that the Valtoha police
had just left after finishing the post-mortem of a man. The villagers then rushed to the
Patti cremation ground. The police had just lit the pyre when the family and other
villagers reached there. The feet of the body on the pyre were visible.
The next day, newspapers reported, from police sources, that a dreaded militant
Satinder Singh had committed suicide by consuming cyanide after being surrounded
by police near Talwandi Chan Chack.
9-15. Under serial nos. 28/404, 29/405, 30/406, 31/407, 32/408, 33/410, and 34/
411, the CBI list partially identifies seven cremations carried out by Inspector
Jagdish Singh of Tarn Tarans City police station on 9 May 1991 under FIR no. 66/
91. Their names are: [1] Sindhi, r/o Jammu, [2] Harjinder Singh Pehlwan, [3]
Lakhwinder Singh alias Lakha, r/o Takhtoo Chak, [4] Jagtar Singh, r/o Bhorsi, [5]
Lakhwinder Singh, r/o Mogal Chak, [6] Major Singh alias Mehar Singh, and [7]
Lakhwinder Singh alias Lakha, r/o Taktoo Chak. Their post-mortem report num-
bers are, respectively, HK-31/91, HK-59/91, HK-14/91, HK-28/91, HK-29/91, HK-
14/91, and HK-14/91. Thus, three people have the same post-mortem report number
of HK-14/91. The cause of death for Sindhi and Harjinder Singh is given as firearm
injuries. The cause of death for the others is given as police encounter.
The committee has gathered the following information about these cases from
its incident report form no. CCDP/01358. The main informant is Amrik Singh, the
father of Lakhwinder Singh, resident of Mughal Chack.
Twenty-seven year old Lakhwinder Singh alias Lakha, son of Amrik Singh and
Darshan Kaur, was a resident of village Mughal Chack Pannuan, post office Tarn
Taran, under Tarn Tarans Sadar police station, in Tarn Taran sub-division of Amritsar
district. He was a farmer. His father Amrik Singh was an ex-serviceman and had six
sons and two daughters. Two of Amrik Singhs sons served in the army . Neither
Lakhwinder nor his family had any political or militant connections. The police had
never registered a case against Lakhwinder.
In the first week of May 1991, Lakhwinder Singh had gone to meet his cousin-
sister, Bansi, at village Rataul, near Tarn Taran. The police and security fources, led
by senior police officers of Tarn Taran police district, had surrounded village Rataul
on the suspicion that militants were hiding there. The police assembled all of the
villagers at one place. They arrested Lakhwinder Singh and several other persons,
after asking all of the villagers to disclose their identity. The siege of the village
continued for three days. An encounter ensued between the police and the mili-
tants, resulting in the death of a DIG. The police took revenge on the villagers,
severeally beating several villagers.
Lakhwinders family learnt of his death from a newspaper report that published a
picture of his body. The police did not give them his body or inform them of his
cremation. In the newspaper report, the police declared that Lakhwinder Singh was
a militant. It is not known why the police cremated the six other people under the
same FIR no.
16-18. Under serial nos. 38/429, 39/430, and 40/431, the CBI list partially identi-
fies three persons cremated by Tarn Tarans City police station on 4 June 1991
under FIR no. 79/91. SI Gulzar Singh requisitioned the cremation of Sandeep
Singh alias Happy. Inspector/SHO Jagdish Singh requisitioned the cremations of
Baldev Singh, r/o Rurasal, and Paramjeet Singh, r/o Malia. The post-mortem
report numbers are GSD-17/91, GSD-18/91, and GSD-19/91. The cause of death
is given as police encounter.
its incident report form no. CCDP/01359. The main informant in the case is Kandhara
Singh, the father of Baldev Singh.
Eighteen-year old Baldev Singh, son of Kandhara Singh and Amar Kaur, was a
resident of village Roore Asal, post office Tarn Taran, under Tarn Tarans Sadar
police station, in Amritsar district. He worked as a compounder, or a druggist assist-
ing a doctor in Tarn Taran. Baldev had two brothers. Baldev used to go to work daily
on his bicycle, returning every evening. He did not have a political or militant
background, and had never been arrested by the police.
On 3 June 1991, around 8 a.m., Baldev Singh left for work as ususal, but did not
return home that night. The next morning, when Baldevs family contacted the
doctors clinic where Baldev worked, they were told that Baldev had left for home in
the evening after work, as usual. At noon that day, Baldevs family received informa-
tion that Baldev Singh was one of other boys killed by the police in an encounter
near village Deenpur. For two to three days, the family tried to learn more about this
incident. On the fourth day, Major Singh, the SHO of Tarn Tarans Sadar police
station, told one of Baldevs relatives that Baldev had indeed been killed near village
Deenpur and the police had cremated his body on 4 June 1991. The family then
collected his ashes from the Tarn Taran cremation ground.
Baldev Singhs family feels that Baldevs murder may have been initiated by
some people in the village with whom they had a dispute over land. Even after
Baldevs death, the police arrested and brutally tortured Kandhara Singh and his
sons on the initiation of the person with whom they had this dispute. This party
used to lodge false complaints against them with the police.
19-20. Under serial nos. 43/496 and 44/497, the CBI list partially identifies two
cremations carried out by Johar Singh of Tarn Tarans Sadar police station on 19
August 1991 under FIR no. 107/91. They are: [1] Tarsem Singh alias Ladhi, r/o
Khalra, and [2] Baldev Singh, r/o Meharbanpura. The post-mortem report num-
bers are SK-2/91 and SK-3/91. The cause of death is given as fire arm injuries.
its incident report form no. CCDP/01473. The main informant in this case is Tarsem
Singhs father Nirmal Singh.
Tarsem Singh alias Laadi, resident of Thatta village, post office Sarhalli Kalan,
under Harike police station, in Tarn Taran sub-division of Amritsar district, was
the 17-year old eldest son of Nirmal Singh and Harjinder Kaur. Nirmal Singh, the
father of two sons and a daughter, was a prosperous farmer in the area, as well as a
grain merchant.
In 1989, Tarsem was arrested by the Ferozepur police while he was visiting his
maternal grandparents at village Araniwala. He was implicated in a criminal case
under TADA and the Arms Act. He was then a student of the 8
th
standard. Tarsem
remained in jail for nine months and, following his release on bail, began to help his
father with the agricultural work.
Around 5 a.m. on 18 August 1991, a large police force, also including a unit of the
CRPF, raided Nirmal Singhs house and arrested Tarsem from his farmhouse. The
police officials told Nirmal Singh that his son had to be interrogated at the CIA staff
center at Amritsar. However, when Nirmal Singh, accompanied by other family mem-
bers and village elders, visited Amritsar he could not find out anything about Tarsems
location. He also went to the Mall Mandi and the B. R. Model School Interrogation
centers, but the officials there said they were not holding him.
On 20 August 1991, newspapers in Punjab published a report about an encoun-
ter in which Tarsem Singh, along with Baldev Singh Nikku, resident of Meharbanpur,
and Bikkar Singh alias Bikram, resident of Deoo, were declared to have been killed.
The encounter had allegedly taken place near village Deoo. After reading the report,
Nirmal Singh approached the Tarn Taran police again and was told that the bodies
had already been cremated. He was allowed to collect the ashes.
Bikkar Singhs cremation on 19 August 1991, carried out by Johar Singh of Tarn
Tarans Sadar police station under FIR no. 107/91, is included in the CBIs list of
identified cremations. The case has been discussed in the section dealing with the
cases that figure in that list. The CBI has included the cremations of Tarsem Singh
alias Laadi and of Baldev Singh, carried out by Johar Singh of Tarn Tarans Sadar
police station under the same FIR, for some strange reason, in its list of partially
identified cremations Under serial nos. 43/496 and 44/497. Also, the list wrongly
identifies the village of his residence as Khalra.
According to Nirmal Singh, the police later arrested his brother-in-law Hardeep
Singh, son of Karam Singh, resident of village Thatta, and also killed him in a
fake encounter.
21. Under serial no. 46/533, the CBI list partially identifies the cremation of Balbir
Singh alias Beera alias Jonty, r/o Koharka, carried out by SI/SHO Ram Nath of
Patti police station on 27 September 1991 under FIR no. 139/91. There is no post-
mortem report number. The cause of death is given as police encounter.
elder brother Jassa Singh.
Eighteen-year old Balbir Singh alias Bira, son of Daler Singh and Bachan Kaur,
resident of village Kuharka, post office Shahbazpur, under Patti police station, in
Patti sub-division of Amritsar district, was the youngest of four farmer brothers
whose parents had expired. According to his elder brother Jassa Singh, Balbir had
no connection with the militant movement and was generally looked down upon by
the orthodox Sikh community for being an alcoholic. He was unmarried and had
never been arrested or interrogated by the police.
On 23 September 1991, a large contingent of officers from the Patti police station
and Kairon police post conducted a combing operation in village Kuharka, to iden-
tify and nab suspected militants. Balbir was drunk on that day and on seeing the
police became nervous and started running back to his house. Some policemen
noticed this and chased him to his house and took him into custody. After the
operation, Balbir was pushed into a police jeep and taken away in front of many
villagers.
The following day, the head of the village council led a delegation comprising
the family members and other villagers to the police post Kairon where the officers
said that Balbir was not in their custody. Patti police also refused to give any
information.
Three days after his arrest, Balbir was declared killed in an encounter staged
near village Gopala. His body was cremated by the Patti police without the knowl-
edge of the family members. They were, however, allowed to collect his ashes.
22. Under serial no. 56/580, the CBI list partially identifies the cremation
of Satnam Singh, r/o Jand, carried out by SHO Puran Singh of Harike police
station on 25 November 1991 under FIR no. 68/91. The post-mortem report
number is SS-51/91. The cause of death is given as encounter.
brother Niranjan Singh Granthi.
Twenty-five year old Satnam Singh, the youngest of four sons of the late Baba
Karnail Singh and Jeeto, was an Amritdhari Sikh farmer resident of village Jand, post
office Mane Ke, under Valtoha police station, in Tarn Taran sub-division of Amritsar
district. Although Karnail Singhs ancestral village was Shaheed, he had lived in
Jand since childhood. Karnail Singh, a granthi and leader of the village Gurdwara,
was a renowned religious personality of the area.
Satnam Singh was very friendly with one of his relatives Natha Singh, son of
Dalip Singh, who was involved in militant activities. The police had never arrested
Satnam Singh for any reason.
On 24 November 1991, Satnam Singh and Natha Singh, resident of Talwandi
Sobha Singh in Tarn Taran sub-division, were going to meet their cousin sister
Bhajan Kaur who lived with her in-laws in the village of Pangota. Both men were
riding a bicycle and had nearly reached Pangota. The Harike police near Pangota
arrested both Satnam and Natha Singh and pushed them into their vehicles.
Bhajan Kaurs family learnt of the abduction almost immediately. Pashaura Singh,
Bhajan Kaurs husband, then informed the family in Talwandi Sobha Singh. That
same day, the police showed both Satnam Singh and Natha Singh as having been
killed in an encounter near village Sargana. The police declared Satnam Singh as
unidentified although Natha Singh was named in newspaper reports on the incident.
On 25 November, the police cremated their bodies at Patti cremation ground. Families
of both young men attended the cremation.
23 - 24. Under serial nos. 58/592 and 59/593, the CBI list partially identifies two
cremations carried out by SHO Subha Singh of Jhabbal police station on 11 Decem-
ber 1991 under FIR no. 157/91. They are of [1] Balwinder Singh alias Binda, s/o
Dalip Singh, and [2] Gurmej Kour, w/o Dalip Singh. There are no post-mortem
report numbers. The cause of death is given as police encounter.
its incident report form no. CCDP/01349 and 01350. The main informant is Dalip
Singh, the father of Balwinder Singh and husband of Gurmej Kaur.
Twenty-year old Balwinder Singh, son of Dalip Singh and Gurmej Kaur, was a
resident of Patti Masoor Ki in village Gaggo Booha, under police station Jhabbal, in
Tarn Taran sub-division of Amritsar district. An Amritdhari Sikh, he was illiterate
and the youngest of three brothers. He worked as a farmer.
In 1989-90 Balwinder became attracted to the militant movement. He deserted
home to join the militants. This started a cycle of police repression against the family.
The police of Jhabbal, Bhikhiwind and Amritsar police station repeatedly raided their
house and picked up Balwinders father and brothers. The family was subjected to
inhuman torture and illegal detention for days at a time, and sometimes for months.
On 9 December 1991, police parties led by SSP Ajit Singh Sandhu and SP Khubi
Ram of Tarn Taran police district and SHO Suba Singh from Jhabbal police station,
laid siege to the village. They suspected that Balwinder was in the village. The siege
continued throughout the night. The police assembled all of the men of the village in
one place. On the morning of 10 December, the police learnt where Balwinder was
hiding and started firing in the direction of that house. At about 11 a.m., while the
firing continued, SHO Suba Singh of Jhabbal reached Balwinders familys home
with a police party. Only his mother Gurmej Kaur was at home. The police then
brought her to the house where Balwinder was supposed to be hiding and asked her
to go in. Gurmej Kaur refused to do so. The police then pushed her forcibly towards
the house firing from behind. They believed that, on seeing his mother, Balwinder
would come out. When they did not succeed in drawing Balwinder out, they shot
Gurmej Kaur dead.
A short while later Balwinder Singh came out and he was also killed in an encoun-
ter with the police some two to three acres away. Villagers witnessed this encounter.
The family learnt of the killing of Gurmej Kaur from the people who had served
food to the police. The villagers also saw the police taking away the bodies of Gurmej
Kaur and Balwinder Singh. The police did not inform the family and cremated the
bodies at Tarn Taran cremation ground. On coming to know this, the family collected
the ashes of both mother and son.
Dalip Singh says that since his son Balwinder was a militant and there was an
encounter between him and the police, he has no grudge against the police for his
death. However he says a great atrocity had been committed against them with the
killing of his wife Gurmej Kaur.
Dalip Singh says that even after this incident the police continued to arrest them
subjecting them to inhuman torture. After the incident, Bhikhiwind police arrested
and tortured Dalip Singh. The police directed him to help get other militants arrested.
The SHO of Bhikhiwind, Teg Bahadur Singh, finally released Dalip Singh, only after
a bribe of Rs. 5,000 was paid.
In another incident, the Jhabbal police raided Dalip Singhs house. On seeing the
police, Avtar Singh, Dalip Singhs son, tried to slip away. The police opened fire and
a bullet hit Avtar Singhs foot. The police took Avtar Singh away in an injured
condition. They detained him in illegal custody for 15 days. They did not give him
proper medical attention and Avtar Singhs injury has still not healed.
25 26. Under serial nos. 66/666 and 67/667, the CBI list partially identifies two
cremations carried out by SI/SHO Puran Singh of Patti police station on 26 April
1992 under FIR no. 28/92. They are of [1] Jagir Singh alias Lalli, r/o Verowal, and
[2] Buta Singh, r/o Manda. The post-mortem report numbers are SLG-19/92 and
SLG-20/92, respectively. The cause of death is given as police encounter.
its incident report form no. CCDP/01378. The main informant in the case is Jagir
Singhs father Hardev Singh.
Twenty year old Jagir Singh, son of Hardev Singh and Jagir Kaur, was a resident
of village Verowal Bawian Wala, post office Verowal, under Verowal police station, in
Tarn Taran sub-division of Amritsar district. He worked as an SPO in the Punjab
Police. His father had been a constable in Faridkot Police.
During 1992, when Jagir Singh did not return home for quite some time, his family
contacted his place of duty. They told him that Jagir Singh had deserted his post,
taking his weapon with him. The family never heard from him again.
On 26 April 1992, newspapers reported that the police killed two militants, Surjit
Singh of Munda Pind and Jagir Singh of Verowal, in an encounter near village Varnala
Cheema in Tarn Taran police district. The police did not give the bodies of the dead
youth to their families and instead cremated them at Patti cremation ground on 26
April 1992. Despite his identification in the news report, the CBI recorded Surjit
Singhs name incorrectly as Boota Singh.
27 31. Under serial nos. 69/703, 70/704, 71/705, 72/706, and 73/708, the CBI List
partially identifies five cremations carried out on 9 June 1992 by SHO Gurbachan
Singh of Tarn Taran City police station under FIR no. 57/92. They are of [1] Surjeet
Singh, r/o Behala, [2] Sikkatar Singh, r/o Behala, [3] Niranjan Singh, r/o Behala, [4]
Madan Singh, alias Maddi, and [5] Kartar Singh, r/o Behala. The post-mortem re-
ports are marked as PS-23/92, SN-10/92, SN-11/92, OPG-11/92, and OPG-22/92,
respectively. The cause of death is given as police encounter.
The CBI List A of fully identified cremations duplicates the record of Niranjan
Singh, s/o Boor Singh, r/o Behla, Under serial no. 121/392 and FIR no. 58/91. This
cremation was reported as carried out on 18 April 1991 by Inspector Harbans Singh
of Tarn Taran City police station.
its incident report form no. CCDP/00343, 00378, 01374, 01375, and 01376. The main
informants in these cases are Virsa Singh, son of Kartar Singh; Balwinder Kaur, wife
of Niranjan Singh and mother of Sakatter Singh; Kuldeep Singh, brother of Sukhdev
Singh Maddi; and Tarlok Singh, father of Surjit Singh Behla.
These five cremations and three others mentioned in the CBIs List of fully iden-
tified cremations Under serial nos. 188/707, 189/709 and 190/710, are connected with
the killing of nine persons at Behla on 8 June 1992. Out of these nine, three were
militants and six were villagers, unconnected to the militancy, who the security forces
used as human shields to storm a house where the three militants were hiding.
On 8 June 1992 morning, a large mixed force of the Punjab police, Army and
paramilitary, led by SSP Ajit Singh Sandhu and SP (operations) Khubi Ram, sur-
rounded the old and abandoned house of Manjinder Singh, a formed member of the
Punjab Legislative Assembly, in village Behla. Apparently, militants associated with
Surjit Singh Behla were using the house as a hideout. Twenty-four year old Surjit
Singh Behla was the son of Tarlok Singh and resident of village Behla, post office
Rataul, under Tarn Taran police station, in Tarn Taran sub-division of Amritsar dis-
trict. He was married and had one daughter; his wife has since remarried and has
taken their child with her.
Surjit Singh Behla, an Amritdhari Sikh, was a renowned militant and the senior
leader of the militant group Bhindranwala Tigers Force. The police had also regis-
tered a case against him and started raiding his house after Surjit was released on
bail. Surjit eventually left his house due to repeated police raids and arrests and had
been underground for two and a half years before this incident.
One of Surjit Singhs associates also hiding out in the abandoned house in Behla
was 18 year old Sukhdev Singh, alias Maddi, son of Santokh Singh and Surjit Kaur,
and also a resident of village Behla. After passing his matriculation, Sukhdev worked
at a sugar mill in Sheron. He was also an Amritdhari Sikh. The police suspected that
Sukhdevs older brother Kulbir Singh had links with militants and they had arrested
and tortured Kulbir twice because of these suspicions. They also registered two
cases against Kulbir. These experiences increased Sukhdevs sympathies with the
militant movement. Later on, the Tarn Taran police led by SSP Ajit S. Sandhu also
abducted and disappeared his father Santokh Singh. The ASI in charge of the Behla
police post also confiscated 120 quintals of wheat from Sukhdevs family, then worth
180,000 rupees.
The third associate of Surjit Singh Behla was Harbans Singh, son of Mehr Singh
from Sarhalli in Tarn Taran sub-division of Amritsar district.
Before storming the house, the police officers decided to round up seven or eight
villagers from Behla to walk in front of the police force and to act as human shields.
The following are the names of the six of those who got killed in the course of the
operation that followed: [1] Kartar Singh, s/o Aasa Singh, [2] Niranjan Singh, s/o
Boor Singh, [3] Sakatter Singh, s/o Niranjan Singh, [4] Lakhwinder Singh, s/o Channan
Singh, [5] Gurmej Singh and [6] Ajit Singh, s/o Mangal Singh. The police randomly
selected these people, and this had nothing to do with suspicions of their possible
involvement with the militancy.
Sixty-two year old Kartar Singh, son of Aasa Singh and Mahinder Kaur, was
married to Iqbal Kaur and had five children, two sons and three daughters. He was
a farmer and had no political or militant connections. The police abducted him in the
presence of his family. Kartar Singhs wife Mohinder Kaur died eight days later from
shock of Kartar Singhs murder. His son, Virsa Singh, lost his job and was unem-
ployed at the time of relating these experiences. Later, the police threatened his
family with death if they initiated any legal action.
Twenty-five year old Sakatter Singh, son of Niranjan Singh and Balwinder Kaur,
was married to Sharanjit Kaur and had two daughters. He was an Amritdhari Sikh
and had no political or militant connections. He worked as a farmer with his father on
their three acres of land. The police abducted him, his father Niranjan Singh, and his
brother Sukhchain Singh while they were in their fields working.
Fifty-five year old Niranjan Singh, s/o Boor Singh and Kartar Kaur, was married
to Balwinder Kaur. He was a farmer and owned three acres of land. He also made
money by selling milk. Niranjan Singh had four children and had no political or
militant connections.
After entering the house, the security forces discovered that the house had a
basement but no door to enter it from inside. They demolished the floor that was the
cellars roof. When the militants holed up inside opened fire, the police pushed the
eight villagers to the front and used them for cover as they fired back. Six villagers
and the three militants died. Two others were seriously injured but survived: the
sarpanch of the village and Niranjan Singhs other son Sukhchain Singh. The en-
counter lasted 32 hours.
In the evening of 9
th
June, the police removed the bodies of all nine people and
cremated them at Tarn Taran. Only Ajit Singhs family was allowed to attend the
cremation; none of the other families were allowed to perform the last rites.
The next morning, the police told the press that they had killed nine militants in
the action. Several newspapers published reports questioning the police claims and
explaining the polices use of the six villagers as a human shield. The Punjab govern-
ment later announced an inquiry into the incident, but that was never carried out.
The CBIs list fully identifies the cremations of Ajit Singh, Lakhwinder Singh, and
Harbans Singh, one of the militants, Under serial nos. 188/707, 189/709, and 190/710.
It also mentions the cremation of Niranjan Singh, s/o Boor Singh, r/o Behla Under
serial no. 121/392. However, for some reason, this cremation is listed as having
occurred a full year earlier and under a different FIR no. Niranjan Singhs cremation
is again mentioned in the partially identified list. The information to identify all was
available to the police and had been published in newspaper reports. Thus, it is not
clear why the CBI placed some of the victims in the partially identified list.
Neither the fully identified list nor the partially identified list accounts for the
body of Gurmej Singh, one of the eight villagers forced to form the human shield.
The CBIs list of unidentified cremations also does not show any cremations on 9
June 1992.
32 35. Under serial nos. 80/732, 81/733, 82/735, and 83/736, the CBI list
partially identifies four cremations carried out by SHO Darshan Singh of Tarn
Tarans Sadar police station on 29 June 1992 under FIR no. 53/92. They are of [1]
Dilbagh Singh alias Baggha, r/o Kothi Mala, [2] Pargat Singh alias Pagga, r/o
Kadgil, [3] Jai Mal Singh, r/o Takhtu Chak, and [4] Joga Singh, r/o Malmohari.
The post-mortem report numbers are given as GSD-34/92, GSD-37/92, GSD-36/
92, and GSD-35/92, respectively. The cause of death is police encounter.
its incident report form no. CCDP/01237, 01253, 01368, and 01356. The main infor-
mants are Samund Singh, father of Dilbagh Singh; Rajbir Kaur, sister-in-law of Pargat
Singh; Gurditt Singh, father of Jaimal Singh; and Ajit Singh, father of Joga Singh.
Dilbagh Singh, son of Samund Singh and Mohinder Kaur, was a resident of
village Kadd Gill, Patti Ratton Walian Da, under Tarn Tarans City police station, in
Tarn Taran sub-division of Amritsar district. Dilbagh Singh, an Amritdhari Sikh, was
the youngest of four brothers. One of his brothers was a Constable in the Punjab
Police, and another served in the army .
The Tarn Taran Sadar police had arrested Dilbagh Singh once alleging that he
had links with the militants. However, the village panchayat intervened and secured
his release. Gradually, Dilbaghs interest in militant activities increased and he joined
the ranks of the militants. When the police learnt this, they began harassing his
family. The police used to illegally detain Dilbaghs father, brother and minor neph-
ews, among other relatives.
Twenty-one year old Pargat Singh, son of Avtar Singh and Shingar Kaur, was a
resident of village Kadd Gill, Patti Rattu Wali, in Tarn Taran sub-division of Amritsar
district. Pargat Singh, together with his elder brother, used to help his father with his
agricultural work. Pargat Singh was once arrested on the suspicion of his involve-
ment in an incident of terrorist crimes committed in his own village. But the court
found insufficient evidence and released him on bail after five months.
Thirty-five year old Jaimal Singh, son of Gurditt Singh and Surjit Kaur, was
a resident of village Takhtu Chak, under Verowal police station, in Tarn Taran
sub-division of Amritsar district. Jaimal, an Amritdhari Sikh, was married to Kans Kaur
and they had two children, a boy and a girl. Jaimals family, including his three broth-
ers, owned two acres of land. Jaimal worked as a manual labourer to make ends meet.
In 1992 the police started raiding their house in order to arrest Jaimal. From fear
of the police, Jaimal then left home and never returned. After Jaimal absconded, the
police of Jandiala Guru and Khadur Sahib started detaining his father and children,
among other relatives.
Eighteen-year old Joga Singh, son of Ajit Singh and Jeet Kaur, was a resident of
village Malmohari, Tahli Walian Di Patti, post office Naurangbad, under Tarn Tarans
Sadar police station, in Tarn Taran sub-division of Amritsar district. He was an
Amritdhari Sikh and worked as a laborer. His father was the village watchman and
also used to sell general goods at different fairs. In May 1992, some armed youth
came to his house, beat up Joga Singh and took him along with them. The family
members said that they did not know why this happened. Joga Singh did not return
home after that.
On 28 June 1992, a police party from Amritsar police district surrounded a farm-
house at village Khabbe. Dilbagh Singh, Jaimal Singh, resident of Takhru Chakk
under police station Verowal, and Joga Singh were present there. The police shot all
three of them dead. Apart from this, the same police party killed Pargat Singh. Ac-
cording to his sister-in-law, in the afternoon on 28 June 1992, Pargat Singh was going
towards his farm house when a large police force from Tarn Taran raided a neighbor-
ing house in which some militants had taken shelter. Seeing the police, Pargat Singh
started running away, but was caught. He was taken away for interrogation. An-
other young man namely Bittu, resident of Kairon, who was visiting his sister at
village Khabbe, was also arrested by this police party. Initially, he and Pargat Singh
were locked up in a room. Later on, the police showed both of them also as having
been killed in an encounter.
On 30 June 1992, several newspapers in Punjab, including Ajit and Jagbani,
published a report about the encounter declaring that five militants had been killed
by the Amritsar and Tarn Taran police. The report identifies all five people. At the
time of this news report, the Lopoke police were illegally detaining Jaimals father, his
two children, and two nephews. The police released them four days after the publi-
cation of the news report.
The police did not give the bodies to the families. Nor did it inform them of
the cremations.
The CBI list of partially identified cremations has correctly identified the resi-
dences of all except for Dilbagh. The cremation of Bittu, son of Amrik Singh and
resident of Kairon, is not recorded.
36. Under serial no. 84/746, the CBI list partially identifies the cremation of
Rupinderjit Singh, s/o Bhajan Singh Kang, carried out by Swarn Singh of Verowal
police station on 7 July 1992 under FIR no. 32/92. The post-mortem report is
marked as PS-31/92. The cause of death is given as police encounter.
incident report form no. CCDP/00085. The main informant is Tejinderjit Singh, the
brother of Rupinderjit Singh.
Twenty-two year old Rupinderjit Singh, son of
Bhajan Singh and Gian Kaur, was a resident of village
Kang, Patti Talwandi Di, under Tarn Taran police sta-
tion and sub-division of Amritsar district. He was un-
married and had one sister and one brother.
On 1 June 1992, at 3 p.m. a uniformed police party
from C.I.A. staff Hoshiarpur abducted Rupinderjit Singh
from his shop Kang Medical Store on Jandiala Road,
Tarn Taran. The police registered a false case against
him on 11 June 1992 at the Tanda police station. The
police produced him in a Court in Dasuya and the mag-
istrate sent him to Jalandhar Jail. Rupinderjits family
met him several times in Jalandhar Jail.
On 1 July 1992, Rupinderjit Singh was brought to Verowal Police station (Khadur
Sahib) on remand by SHO Swaran Singh, and his family continued to meet him at
Verowal police station. They met him daily from 1 July to 5 July 1992. The last person
to see him from the family was his brother Tejinderjit Singh at 7 p.m. on 5 July. On 6
July 1992, his family went as usual at 7 p.m. to give him food. They became suspi-
cious when food was not accepted for Rupinderjit.
The police said an encounter occurred at 4 a.m. on 7 July, near village Gagrewal,
but the family learnt about the death of Rupinderjit Singh when Dr. Paramjit Singh
conducted his post-mortem at Civil hospital Tarn Taran. The police themselves
cremated Rupinderjit Singhs body. The family found Ruperinderjits shoes at the
cremation ground. The news of the encounter was printed in the Punjabi dailies Ajit
and Jagbani on 7 July 1992. The family filed a habeas corpus petition in the Punjab
and Haryana High Court.
37. Under serial no. 89/807, the CBI list partially identifies the cremation of Kuldeep
Singh, r/o Kitli Basawa Singh, carried out by Sita Ram of Harike police station on
15 August 1992 under FIR no. 43/92. The post-mortem report number is KS-47/
92. The cause of death is given as firearm injuries.
incident report form no. CCDP/ 01377. Residents of Kuldeep Singhs village were
informants in this case.
Kuldeep Singh was the son of late Harbhajan Singh. He was a resident of village
Talwandi Wasava Singh, post office Rattuke Gurdwara, under Valtoha police station,
in Tarn Taran sub-division of Amritsar district. Kuldeep Singh and his brother Pala
Singh were orphaned when they were young. The brothers were raised in the village
Gurdwara. At present there is no family member living in the village. Pala Singh is
employed as a granthi in the Gurdwara at village Harihar Jhok in district Ferozpur.
The police arrested Kuldeep Singh from the Gurdwara of village Poohla about ten
to 15 days before he was killed. Later the Harike Police reported that a police party led
by the DSP of Patti and the SHO of Patti killed Kuldeep Singh and another unidenti-
fied militant in an encounter.
Newspapers reported this incident on 16 August 1992. Both men killed in the
encounter were cremated at Patti cremation ground by the police.
Rupinderjit Singh
38. Under serial no. 91/843, the CBI list partially identifies the cremation of Avtar
Singh alias Thakur Singh alias Pappu alias M.P., r/o Rasoolpur, carried out by SI
Raghbir Singh of Harike police station on 17 September 1992 under FIR no. 46/92.
The post-mortem report number is SLG-83/92. The cause of death is given as
police encounter.
brother Jagtar Singh.
Twenty-five year old Avtar Singh alias M.P., son of late Sucha Singh and Veer
Kaur, was an Amritdhari Sikh resident of village Rasoolpur (Nehran), under Tarn
Tarans Sadar police station, in Tarn Taran sub-division of Amritsar district. He was
the youngest of four brothers and three sisters. Avtar Singh was married to
Lakhwinder Kaur and had two children.
After matriculation, Avtar Singh set up a poultry farm. However, due to fear of
militants, he closed it down and bought a taxi.
Around 1988, Avtar Singh became attracted to the militant and political move-
ment in Punjab. Due to repeated police harassment and torture in illegal custody, he
abandoned his home in 1990. After Avtar Singh left, the police started harassing his
brothers and other family members and relatives. They would pick up any male member
of the family, coercing him to produce Avtar Singh. This process of harassment contin-
ued for about one to one and a half years. The family business and agricultural opera-
tions came to a stand still as the family started staying away from home.
In May - June 1992, Avtar Singh was produced before DSP (D) Tarn Taran, Dalip
Singh. The police interrogated him for 14 days at C.I.A. staff Tarn Taran. Thereafter
his background was cleared and the police released him. A week later, he was again
detained by the Tarn Tarans Sadar police on the pretext that he had surrendered to
them. On the following day, IG Bhullar visited Tarn Tarans Sadar police station. A
newspaper and TV station reported the surrender of Avtar Singh and several other
militants. The police sent him home that day. However Avtar Singh now feared that
militants would see his alleged surrender as treason. Avtar Singh started living in
hiding. On the other hand, the police started raiding his house again. When they did
not find him there, they would harass his family. The family told the police several
times that Avtar Singh was staying away because of the fear of militants but the
police did not listen to them.
On 17 September 1992, the family read a news item in the Punjabi daily Jagbani,
of three militants killed in an encounter by the police near village Alipur- Nabipur
under Harike police station; one was identified as Avtar Singh alias M.P. In that news
item, the police identified another militant as Manjinder Singh, resident of Manochahal.
After reading this, Avtar Singhs brother and other villagers went to Tarn Tarans
Sadar police station. They were threatened by the police and came home quietly.
Later, the family learnt that the police had arrested Avtar Singh and the other man
who was killed had already been in custody of C.I.A. Staff Tarn Taran. The police did
not give the family his body or inform them about the cremation.
Under serial no. 226/844, the CBIs first list identifies the 17 September 1992
cremation of Manjinder Singh alias Shamsher Singh alias Shera, s/o Jasbir Singh, r/
o Muchhal, carried out by SI Ragbir Singh of Harike police station under FIR no. 46/
92. The post-mortem report is marked as SLG-84/92. The cause of death is given as
police encounter. The unidentified cremation of the same day is recorded in the
CBIs 3
rd
list of unidentified cremations, Under serial no. 529/845.
Hardeep Singh alias Bittoo, r/o Bugha, carried out by SI/SHO Govinder Singh of
Valtoha police station on 7 October 1992 under FIR no. 55/92. The post-mortem
report number is SLG-78/92. The cause of death is given as police encounter.
father Jagir Singh.
Eighteen-year old Hardeep Singh alias Lalli, son of Jagir Singh and Gurmeet Kaur,
was a resident of village Bugge, post office Tarn Taran, under Tarn Tarans City
police station, in Amritsar district. He was unmarried and was a student at Sports
College, Urmur Tanda in Hoshiarpur. He was cleanshaven and did not have
any political or militant background. The police had never arrested him before this
incident.
On 25 September 1992, at 7 a.m. ASI Dalbir Singh, in charge of Sabhran police
post, led a police party of seven to eight policemen and raided Hardeep Singhs
house. They arrested Hardeep, telling his family they needed him in connection with
a case and that the family should come to Sabhran police post.
For two to three days, the family and prominent villagers visited Sabhran police
post, and ASI Dalbir Singh continued to promise to release him. Four days later, ASI
Dalbir Singh told Jagir Singh, Hardeeps father, that he could no longer secure
Hardeeps release and Jagir Singh should talk to the DSP of Patti. The family met the
DSP of Patti who advised them to contact SSP Ajit S. Sandhu. For a number of days,
the family looked for an intermediary who could take them to the SSP. In the mean-
time, the ASI informed them that he had sent Hardeep Singh to Valtoha police station
under orders from his superiors.
On 6 October 1992, at 4 p.m. Jagir Singh and another resident of Bugge met SSP
Sandhu. Sandhu flatly refused to release Hardeep. On 7 October 1992, when the
family visited Valtoha police station, they learnt that the police had killed two youth
the previous night and had taken their bodies to Patti cremation ground. On 8
October 1992, the Punjabi daily Ajit reported that the police had killed militant Narain
Singh, resident of Chhota Ghariala, and an unidentified militant in an encounter near
village Jand Mane Ke. The police revealed the name of the unidentified militant as
Hardeep Singh when they had the post-mortem conducted at the hospital.
The family later collected Hardeeps ashes from the cremation ground.
40 41. Under serial nos. 101/902 and 102/903, the CBI list partially identifies
two cremations carried out by SI Sita Ram of Patti police station on 7 November
1992 under FIR no. 67/92. They are of [1] Deedar Singh alias Shapa, Area Com-
mander, Valtoha, and [2] Sukhchain Singh alias Chaina. There are no post-mortem
its incident report form no. CCDP/01361. The main informant is Deedar Singhs
father Mangal Singh.
Twenty-four year old Deedar Singh, son of Mangal Singh and Mohinder Kaur,
was a resident of village Chhapa, post office Baghiari, under Jhabbal police station,
in Tarn Taran sub-division of Amritsar district. He worked as a laborer. Deedar did
not have a militant background. His brother Tarlochan Singh had joined the mili-
tancy, and thus, the police used to harass his family members often.
In the evening on 1 November 1992, a police party led by ASI Dalbir Singh, the in-
charge of police post Sabhran, raided village Chhapa and arrested Deedar Singh. On
3 November 1992, at 7 a.m. the same police party raided the house of Tarlok Singh,
son of Jarnail Singh, resident of the same village and a cousin-brother of Deedar.
The police also arrested Tarlok Singh.
The family members immediately went to the Jhabbal police station, but the
police denied the arrest of Deedar. The family then went to Bhikhiwind police sta-
tion. There, they learnt that the police party that had arrested Deedar had come from
Patti police station. The family and eminent villagers went to meet the SHO of Patti,
Sita Ram, who denied custody of any boy by the name of Deedar. The family
members then approached Communist Party leader Satpal Dang, who spoke to SP
(operations) Khubi Ram. Ram told him to send the familiy members to him.
On 6 November 1992, Tarloks brother Kulwant Sngh and the village Sarpanch
met the SP (operations) of Tarn Taran, Khubi Ram. He told them to return the next
day to take their boys home. The next day, the police officers were busy because of
the visit of a prominent person. That evening, the family members learnt that Deedar
Singh and Tarlok Singh and two other youth had been shown killed in an encounter
with the police near village Sabhran.
On 8 November 1992, newspapers published a report based on police claims by
the Patti police to have killed four militants in an encounter near Sabhran. The report
identified Sukhchain Singh, s/o Harbhajan Singh, and Deedar Singh, resident of
Chhapa. Tarlok Singh was not identified. Tarlok Singhs cremation is listed in the
CBIs third list of unidentified cremations Under serial no. 554/904 with post-mortem
report number KS-96/92. Another unidentified cremation is listed Under serial no.
555/905 and the same FIR no. The identity of that person is now known and summa-
rized in the appropriate section.
Sarabjit Singh alias Sadhu Jat, r/o Dhotian, carried out by SHO Raghuvir Singh of
Harike police station on 20 December 1992 under FIR no. 55/92. The post-mortem
report number is SLG-128/92. The cause of death is given as police encounter.
father Dalip Singh.
Twenty-two year old Sarabjit Singh, son of Dalip Singh and late Joginder Kaur,
was a resident of village Dhotian, Patti Samne Ki, under Sarhalli police station, in
Tarn Taran sub-division of Amritsar district. He was an Amritdhari Sikh and a farmer.
He also worked as a granthi, reciting Gurbani from the Guru Granth Sahib.
Sarabjits elder brother Dilbagh Singh had joined the militancy. Because of this
connection, the police used to detain and torture the other family members. On 3
March 1990, Tarn Tarans Sadar police killed Dilbagh Singh. Despite this, however,
the police did not decrease their harassment of his family, especially brothers Sarabjit
Singh and Sohan Singh.
In May June 1992, the police started raiding Sarabjits house in order to arrest
him. Sarabjit Singh deserted home from fear of the police. The police continued to
detain and torture his other family members to pressure them to produce Sarabjit
before the police. For five months, the police held Sarabjits brothers Manohar Singh
and Sohan Singh. They were not released until the police had killed Sarabjit Singh.
On 19 December 1992, Sarabjit Singh and his companion Heera Singh, resident of
Thathian Khurd, were seated in the Gurdwara of village Thathian Khurd. A police
party from Harike police station arrested both of them from the Gurdwara. After the
arrest, the police called for reinforcements and set up barriers in different places.
Two to three hours later, people heard the sounds of heavy firing between the
villages of Thathian and Nathupura.
On 20 December 1990, newspapers such as the Punjabi daily Jagbani published
a report that Harike police had killed two militants, Sarabjit Singh and Heera Singh, in
an encounter. The police cremated their bodies at Patti cremation ground on 20
December 1992. Sarabjit Singhs family was not informed of his cremation.
Under serial no. 265/939, the CBIs first list fully identifies the 20 December
1992 cremation of Heera Singh, s/o Ram Singh Jat, r/o Thathian, carried out by
SHO Raghubir Singh of Harike police station, stated in FIR no. 55/92. The
post-mortem report is marked as SLG 127/92 and the cause of death is stated to be
police encounter.
Sarban Singh, r/o Jawande, carried out by SI/SHO Sarban Singh of Tarn Tarans
Sadar police station on 25 December 1992 under FIR no. 83/92. The post-mortem
report number is KSA-40/92. The cause of death is given as police encounter.
mother Amar Kaur.
Thirty-one year old Sarban Singh, alias Shaheed, s/o Mohan Singh was a resi-
dent of Jawande Khurd, post office Baath under Tarn Taran Sadar police station. He
was unmarried.
Sarban joined the Indian army but because of some inadequacy in his education
was later dismissed. Following his dismissal from the army , Sarban first worked for
the Punjab State Electricity Board and later became a truck driver.
From early 1990, the police began to suspect Sarban Singhs involvement with
the militant movement and started harassing his family members, raiding his house
frequently, keeping them in illegal custody and interrogating them under torture. His
father Mohan Singh issued a public notice, published in several newspapers, to
disown Sarban Singh and to disinherit him from the family property. But as the police
atrocities continued, the family had to leave the village and live in hiding. The police
illegally detained and severely tortured Mohan Singh several times in 1992. The
police also did not allow him to cultivate his agricultural land.
Mohan Singhs brother-in-law Lakha Singh had retired as a Captain from the
Indian army . Lakha Singh approached the Commanding Officer of the regiment
deployed in his area to curb militancy about the police atrocities against his sisters
family. The area Commander of the Indian army in Tarn Taran took the complaint
seriously and procured Mohan Singhs release from illegal police custody and also
ensured that he could cultivate his land.
On 8 December 1992, Sarban Singh was arrested by Tarn Taran police at a
checkpost near a bridge on Goindwal road close to Tarn Taran. Mohan Singh re-
ceived this information from a resident of his village who had witnessed the arrest.
Unfortunately, his brother-in-law Lakha Singh, the former Captain of the Indian army
who could pursue Sarban Singhs case, had died some days before Mohan Singh
received the news about Sarbans arrest. Even then, Mohan Singh and his wife
approached the CO of Tarn Taran area to seek his help in saving Sarbans life. The
Commanding Officer told them that he would attempt to get Sarban Singh produced
before a court and dealt with in accordance with the law.
On 26 December 1992, Punjabi newspapers prominently carried SSP Ajit Singh
Sandhus press conference in which he announced the killing of Sarban Singh,
Kabal Singh and a third unidentified militant in a supposed encounter. The family
could not do anything, not even attend the cremation. Under serial no. 266/942, the
list identifies the 25 December 1992 cremation of Harbans Singh, s/o Santokh Singh
Jat, r/o Rasoolpur, carried out by SHO Sarban Singh of Tarn Tarans Sadar police
station under FIR no. 83/92. The post-mortem report is marked as KSA 39/92 and the
cause of death is given as police encounter. Kabal Singh was Harbans Singhs
alias. One more cremation on the same day, under the same FIR number and carried
out by the same officer is included in the CBIs list of unidentified cremations Under
serial no. 572/944, with post-mortem report number KSA-41/92.
Mohan Singh, father of Sarwan Singh, died from a heart attack six months later.
Baldev Singh r/o Galalipur, carried out by SI Sita Ram of Patti police station on 6
February 1993 under FIR no. 9/93. The post-mortem report number is stated to be
unavailable. The cause of death is given as police encounter.
uncle Sujan Singh.
Thirty-year old Gurdev Singh, alias Baldev, son of Gian Singh and Balbir Kaur,
was from Galali Pur village under Patti police station, in Tarn Taran sub-division of
Amritsar district. He was a farmer and married to Manjit Kaur. They had a child.
He had been arrested once before by Jandiala Guru police under TADA. After his
release from jail, he stayed at home and helped his father work his fields. In the first
week of January 1993, Gurdev became a father, but his son was only 21 days old
when Kairon police came and picked him up on 30 or 31 January 1993. The police
officers did not disclose why and where they were going to take Gurdev. When his
father Gian Singh insisted, and refused to let his son go without the information, the
police claimed to be from Tarn Taran.
The next morning, Gian Singh and several members of the village council went to
the CIA staff at Tarn Taran but discovered that Gurdev was not there. Informed by
some people in the village that they had seen the police driving towards Kairon after
arresting Gurdev, Gian Singh, some of his relatives, and village elders went to Kairon
and met ASI Sardool Singh. Immediately, they recognized the policemen who had
come to arrest Gurdev. Sardool Singh admitted that Gurdev Singh was in his custody
but refused to let Gian Singh meet him before they had completed their inquiries.
On 6 February 1993 morning, Gian Singh heard that the Patti police had killed two
Sikhs in a so-called encounter near Sabhran village. Gian Singh and some of his
family members reached Patti cremation ground, but by then the bodies had already
been burnt.
It is mysterious that the CBI has, in its list of partially recorded cremations,
recorded Gurdev Singhs name as Baldev Singh, and has omitted his fathers name.
Gian Singh had personally submitted his complaint to the CBI at its camp office in
Amritsar sometime in 1996 when it was holding its inquiries on directions from the
Supreme Court. Gian Singh has since died.
Under serial no. 287/981, the list shows the 06 February 1993 cremation of Sukhdev
Singh, alias Sukka, s/o Balwant Singh, r/o Bhaamanwala, carried out by SI Sita Ram
of Patti police station in a case under the same FIR no. 9/93. The post-mortem report
is marked as 6/2/93 and the cause of death is given as police encounter.
Ranjit Singh alias Rana, r/o Bagrian, carried out by SI Jarnail Singh of Verowal
police station on 17 March 1993 under FIR no. 12/93. The post-mortem number is
GSD-6/93. The cause of death is given as police encounter.
mother Kashmir Kaur.
Twenty-one year old Ranjit Singh alias Rana, son of Kartar Singh Dhillon and
Kashmir Kaur, was a Registered Medical Practitioner resident of Bagarian village,
under Tarn Tarans Sadar police station, in Tarn Taran sub-division of Amritsar
district. He was unmarried and lived with his mother Kashmir Kaur and his older
brother Paramjit Singh who looked after the family farm. His father, a serving Army
officer, had passed away in 1985.
Ranjit passed his matriculation examination in 1987 and started working under a
doctor as a compounder to learn medicine. After two years of training, Ranjit estab-
lished his own clinic in the village and developed a flourishing practice. He had been
arrested illegally on two occasions and interrogated under torture. On both occa-
sions, the police released him after several days in illegal custody.
On 7 March 1993, Ranjit was getting ready to leave for Anandpur Sahib where he
wanted to attend a religious fair. He was tying his turban, when a group of officers
led by SHO Pooran Singh of Tarn Tarans Sadar police station raided the house
and arrested Ranjit Singh. The officers dragged him into their jeep without letting
him tie his turban. The arrest was witnessed by his mother and several neighbors in
the village.
Two days after Ranjits arrest, officers from Bhikhiwind police station led by SHO
Teg Bahadur Singh raided Kashmir Kaurs house once again and took her older son
Paramjit Singh into custody.
Kashmir Kaur went to the police stations several times over the next days to
plead with the officers to release her sons or to charge them legally if there was any
evidence of wrongdoing against them. But she was not allowed to enter the police
stations and could not talk to any responsible officer.
A few days later, Kashmir Kaur managed to talk to DSP Dilbagh Singh at the
gates of Tarn Tarans Sadar police station. The DSP said: Mother, your sons have
done bad things. But we will release them after some days. You go home.
Kashmir Kaur found out that the police officers were going around with Ranjit
Singh in the area asking him to get all sympathizers of the militant movement known
to him arrested. Few days later, the same group of officers arrested Balwinder Singh,
son of Santokh Singh of Bagarian village.
On the 12
th
or 13
th
of March, SHO Pooran Singh came back to Bagarian village
along with Ranjit Singh. Ranjit Singh remained seated in the police vehicle as the
police thoroughly searched his house and agricultural fields. This happened in the
daytime and was witnessed by many residents of the village.
On 17 March 1993, ten days after his arrest, the police announced the killing of
Ranjit Singh in an alleged encounter near village Baath. His fellow villager Balwinder
Singh, son of Santokh Singh, who the police had picked up a few days after Ranjits
arrest, was also killed in this encounter although he was not identified. On 19 March
1993, a Punjabi daily newspaper Jagbani published a report giving details about the
police story of the encounter. The report said that the Tarn Taran police tried to stop
two suspicious-looking persons on a motorcycle at a checkpost that had been set up
near village Baath. The men, who were coming from the direction of Pakho Ke,
did not stop but started firing in the direction of the police officers. Both the militants
were killed in the resulting encounter. One of the militants was identified as
Ranjit Singh alias Rana, a Lieutenant General of Babbar Khalsa International, from
Bagarian village.
The police carried out the cremation without informing the family. Some rela-
tives, however, managed to watch the burning pyres from a distance and collected
the ashes with help from the cremation ground attendants.
The newspaper report about Ranjit had been elaborate and detailed. Ironically,
however, his cremation figures in the CBIs list of partially identified cremations.
Balwinder Singh, son of Santokh Singh, also of Bagarian village was cremated as an
unidentified militant. The cremation is listed in the CBIs unidentified list Under serial
no. 593/1001. The cremation was carried out by the SHO of Tarn Tarans Sadar police
station under FIR no. 12/93. The post-mortem report is curiously marked as 18.3.93,
and the cause of death is mentioned to be police encounter.
Kashmir Kaur gave all her attention to the task of getting her elder son Paramjit,
in the custody of Bhikhiwind police, released. She had to pay Rs. 30,000 to a police
agent who said that the officers would not let him go without the money. Kashmir
Kaur did not have this much money, but mortgaged her land to raise the amount. The
police released Paramjit four days after his brothers execution.
46. Under serial no. 113/1030, the CBI List partially identifies the cremation of
Paramjeet Singh, alias Pamma, s/o Narinder Singh, carried out by SI Govinder
Singh of Patti police station on 14 June 1993 under FIR no. 33/93. The post-
mortem report number is listed as not applicable, and the cause of death is given as
police encounter.
The committee has gathered the following information about this case from
its incident report form no. CCDP/00761. The main informant is the victims wife
Sukhwant Kaur.
Thirty-three year old Paramjit Singh alias Pamma, son of Narinder Singh and
Surjit Kaur, was a resident of village Bahmani Wala, under Patti police station, in Patti
sub-division of Amritsar district. He worked as a constable in the Punjab police.
Paramjit was married to Sukhwant Kaur and they had one daughter and one son.
Paramjit Singh was an Amritdhari Sikh. He had joined the Punjab Police in 1982-
1983 and was initially posted in district Gurdaspur. He was later transferred to
district Kapurthala. His older brother served in the Indian Amry. Their family had no
political connections.
In 1989, militants started threatening Paramjits family to pressure him to resign
from the police force. The militants severely beat Paramjits father. After this inci-
dent, Paramjit left Kapurthala police on 48-hours leave, but did not return to duty. He
did not send in his resignation, either. Paramjit bought a Maruti van by mortgaging
his one and a half acres of land and used the van as a taxi to earn his livelihood. In
1990, the Kaputhala police detained Paramjit for one day. They released him, how-
ever, once they ascertained that he had left the police force from fear of militants and
not from any suspicious activity.
On 2 June 1993, a police party of 15 to 16 policemen led by SI Rachhpal Singh
from Tarn Taran police station raided Paramjits house. The door was open and
Paramjit was cleaning his taxi when the police party came. The police surrounded
Paramjit as Rachhpal Singh picked up a stick and started beating Paramjit. His wife,
father and another person witnessed the beating. The police forced Paramjit Singh
into their vehicle and left, towing his Maruti van in the rear.
Although Paramjits father did not know from which station the police had come,
another person in their house identified Rachhpal Singh as from the same village as
his in-laws. The family spent the next two days asking for the intervention of promi-
nent people to secure the release of Paramjit Singh.
On 4 June 1993, a delegation comprising Paramjits father Narinder Singh, Paramjits
brother Heera Singh, who took leave from the Indian army because of his brothers
abduction, Paramjits father-in-law Inder Singh, the sarpanch, and the other person
who witnessed Paramjits abduction and recognized Rachhpal Singh went to Tarn
Taran and met SI Rachhpal Singh. Rachhpal Singh said that Paramjit was no longer
in his custody; after interrogating him, Rachhpal Singh had handed Paramjit to Po-
lice post Kairon. Paramjits family members then contacted Hazara Singh, Rachhpal
Singhs father, and asked for his intervention. Hazara Singh accompanied the del-
egation to meet the SI again on the same day, but Rachhpal Singh insulted his father
for accompanying the delegation.
During the next week, the family continued to meet the SI, either on their own or
through influential persons. Rachhpal Singh expressed his desire for 50,000 rupees
for the release of Paramjit Singh. The family tried to arrange that amount.
On 11 June 1993, Narinder Singh and Heera Singh went to Kairon police post and
met ASI Naurang Singh, who was in charge of the post. The ASI allowed Narinder
Singh to meet Paramjit. Paramjit was in bad shape from torture and asked his father
to do anything to secure his release. He told his father he was innocent. Narinder
Singh returned to Kairon police post on the 12
th
and 13
th
but was not allowed to meet
Paramjit Singh again.
On 15 June 1993, the Punjabi daily Ajit reported that the police had killed Paramjit
Singh alias Pamma, r/o village Brahmani Wala, in an encounter at the bridge of a
water channel near the village. The Ajit reported that one of his accomplices man-
aged to escape. Despite this news report, the family and other residents of the
village maintain that no gunshots were heard near their village on the 13, 14, or 15 of
June 1993.
Sukhdev Singh, s/o Pyara Singh, carried out by SHO Suba Singh of Verowal police
station on 28 July 1993 under FIR no. 44/93. The post-mortem report number is
KK 6/93. The cause of death is given as encounter.
victims brother Harbhajan Singh.
Twenty-seven year old Sukhdev Singh, son of Piara Singh and Mangal Kaur, was
a Mazhabi Sikh resident of Mazhabian Di Thathi, in village Rani Walah, under Sarhalli
police station, in Tarn Taran sub-division of Amritsar district. He was married to
Bholi and had one child.
Sukhdev had completed his matriculation and worked as an SPO for the Punjab
Police. He was appointed as a body guard to one of his uncles Thekedar (contractor)
Joginder Singh, resident of the same village. Joginder Singh had enrolled Sukhdev
and other boys of the village as SPOs and then had them appointed as his body-
guards to protect him from militants.
In the last week of June 1993, the SHO of police station Sarhalli Kalan, Gurdev
Singh, raided the village Rani Walah and arrested SPOs Shinda Singh, son of Bachan
Singh; Desa Singh, son of Amar Singh; Sukhdev Singh; and Balkar Singh Bobby,
Joginder Singhs own son. They also arrested Daljit Singh, the brother of Sukhdev
Singh who served as a lance naik in 13 Sikh Light Infantry of the Indian army , and
was visiting Joginder Singh. The police arrested all five men at 7 a.m. from the house
of Thekedar Joginder Singh. They were arrested on suspicion that they had commit-
ted a theft in a nearby village of Sangatpura.
The same police then raided the house of Balkar Singh Kala, son of Shingara
Singh, in order to arrest him. Balkar Singh was not home so they picked up his mother
Taro, his wife Shinder Kaur and their children. The next day Joginder Singh pro-
duced Balkar Singh Kala before the Sarhalli Kalan police, and the police released
Balkars mother, wife and children.
Daljit Singh (Fauji), son of Piara Singh, was released the same day as his arrest.
According to him, all the men were taken to the Sarhalli Kalan police station, where
the SHO had Shinda Singh, Sukhdev Singh and Desa Singh brutally tortured under
his personal supervision. Iron rollers were rolled over their thighs. On the day of the
arrest itself, the police brought Shinda Singh, Sukhdev Singh and Desa Singh to
their respective homes. The police party confiscated two suits (clothing) and Rs. 100
from the house of Sukhdev Singh, a gold necklace from Shinda Singhs wife and
some cash from Desa Singhs house. According to the families and other villagers,
the condition of the three men was critical when they were brought back to their
houses temporarily.
After Balkar Singh Kala s/o Shingara Singh had been interrogated on the day he
was produced before the police, the Sarhalli Kalan police also brought him to his
house that they searched. He could hardly walk and his condition was critical.
In the meantime Joginder Singh Thekedar continued to assure the families
that he was pursuing the cases and that he would have the men released soon.
On the third day after the arrests, the police released Joginder Singhs son Balkar
Singh Bobby.
Five or six days after the arrest a news item reported that according to the
police, SPOs Shinda Singh, Sukhdev Singh and Desa Singh had deserted their
place of duty, taking their weapons and wireless sets. The families of these men
were very worried on reading this as the men were in police custody at that time.
The families then went to the Sarhalli police station but the police did not allow
them to enter. They continued to visit the police station in the hope of more
information.
On 13-14 July 1993 a newspaper reported that Shinda Singh, Desa Singh, Balkar
Singh Kala and Mangal Singh, son of Karnail Singh resident of Karmoowala, were
killed in an encounter with the police of Sarhalli Kalan police station near the
village of Kaure Wadhaun. According to people who lived near the site of the
incident, the police showed the incident to have taken place at 5-6 a.m. Two of the
four killed, Shinda Singh and Desa Singh, were allegedly absconding from duty by
the police and Balkar Singh Kala and Mangal Singh were already in police custody.
The CBIs list identifies their cremations to have taken place on 12 July 1993 Under
serial nos. 319/1043, 320/1044, 321/1045 and 322/1046.
The police did not give the bodies of the men to the families or inform them of
the incident. The families, from fear, did not approach the police and did not even
perform the last rites.
After this news report was published, the family of Sukhdev Singh approached
the Sarhalli Kalan police several times. But they were neither allowed to enter the
police station nor given any information. However they learnt that Sukhdev Singh
was at the Verowal police station; they did not go there because of fear.
On 29 July 1993, a news item reported that a militant Sukhdev Singh as well as
an unidentified militant had been killed in an encounter with the Verowal police
near the village of Fazilka. According to Sukhdev Singhs family, they learnt that
the police cremated his body as well as that of the other unidentified man at Tarn
Taran cremation ground on 28 July. The family did not approach the police nor did
the police inform them of the killing and cremation of Sukhdev Singh.
It is not clear why the CBI placed Sukhdev Singhs cremation in its list of partially
identified cremations, Under serial no. 115/1051, when all his particulars, including his
service record, have been available with the police. The cremations of two unidentified
bodies, under FIR no. 44/93, are recorded in the CBIs third list Under serial nos. 612/
1052 and 613/1053. Their post-mortem reports are both marked as KK-7/93.
The families also say that during the period of the CBI inquiry the accused police
officers offered through intermediaries an amount of one and a half lakh rupees each
to reach a compromise. The families all rejected their offers. The police of police post
Chola Sahib had also approached the families for a compromise.
48. Under serial no. 116/1085, the CBI partially identifies the cremation of Sukhdev
Singh alias Sukha, r/o Sangha, carried out by Inspector/SHO Gurbachan Singh
of Tarn Tarans City police station on 23 December 1993 under FIR no. 155/93.
The post-mortem report number is PS-25/93. The cause of death is given as
firearm injuries.
father Khusia Ram.
Twenty-year old Sukhdev Singh alias Sukha, son of Khusia Ram and Piaro, was
a Sansi Sikh belonging to Sangha village, under Sadar police station, in Tarn Taran
sub-division of Amritsar district. He worked as an agricultural laborer and was mar-
ried to Simaro with one son, Prabhjit. Sukhdev did not have a militant or political
background and had never before been arrested for any illegal activity.
Around 5 a.m. on 29 November 1993, a group of officers from Tarn Tarans Sadar
police station raided his house and arrested Sukhdev while he was still sleeping. All
of the family members and several residents of the village witnessed the arrest. The
police tied Sukhdevs hands to the back with his own turban, pushed him in their
vehicle and drove away.
When the family members, along with members of the village council, went to the
police station, they were told that Sukhdev would be released after his interrogation.
They were also allowed to bring food and a change of clothes for him for the first few
days after his arrest. Later, SHO Pooran Singh refused to let them into the compound
of the police station. But the family members continued to visit the police station
daily until 23 December 1993, hoping for his release.
On 24 December 1993, a Punjabi daily Jagbani published a report about an
encounter near village Behla in which Sukhdev Singh and Sulakhan Singh, son of
Thakar Singh of Kaler village, were supposedly killed. The report also carried a
photo of his body. According to the police sources quoted in the report, the encoun-
ter happened when the two terrorists were riding on a scooter and opened fire at a
group of officers who had stopped them for a routine check.
For some inexplicable reason, the cremation of Sukhdev Singh figures in the
CBIs partially identified list, Under serial no. 116/1085. The list does not give the
name of Sukhdevs father. The cremation of Sulakhan Singh, carried out by the same
officer under the same FIR, is included in the CBIs list of identified cremations Under
serial no. 331/1084. His post-mortem report is marked as KK 6/93 and the cause of
death is mentioned as encounter.
Cremations in the Police District of Amritsar
Kulwant Singh, s/o Harbans Singh, carried out by ASI Santokh Singh of Amritsars
Sadar police station on 5 July 1991 under FIR no. 362/91. The post-mortem report
number is not given. The cause of death is given as bullet injuries.
father Mahal Singh Fauji.
Twenty-six year old Kulwant Singh, whose fathers actual name is Mahal Singh,
was a soldier of the Indian army with the Mumbai Engineers Group Battalion. He was
a Mazhabi Sikh from village Kirtangarh, near Thande, under the post office of Jwala
Flour Mill, in Amritsar. His father Mahal Singh had retired from the Indian army .
Kulwant was unmarried.
Having joined the army in 1982, Kulwant was sent to Sri Lanka as a member of the
Indian Peace Keeping Force [IPKF], where he had taken part in the Indian army s
operations against the LTTE for nearly two and a half years. On his return from Sri
Lanka, Kulwant Singh was posted at Pune, near Bombay. In May 1991, Kulwant
Singh came home from Pune on two months of leave. One day in June 1991, a group
of militants badly thrashed his elder brother Santokh Singh, who used to live in the
same village with his parents, for regularly getting drunk against their dictate. Santokh
Singh died in the hospital from his injuries. Kulwant was very disturbed because,
fearing further reprisals from the militants, his family had decided not to inform the
police about the incident. He planned to terminate his leave early and return to Pune.
He could not implement the plan because three days after Santokhs death a large
police force, led by one Inspector, raided his house and took Kulwant Singh into
custody for interrogation.
Mahal Singh learnt that Kulwant was being detained at B. R. Model School
Interrogation center in Amritsar city. Some days later, a police head constable ap-
proached him to demand Rs. 20,000 as the price of his sons release from illegal
custody. Mahal Singh paid him Rs. 8, 000 and promised to give him the balance when
Kulwant Singh ws released. Mahal Singh was hopeful that his son would not come
to any serious harm as he was a soldier of the Indian army and had hardly spent any
time in Punjab.
His hopes were shattered on 4 July 1991 when the police orchestrated an elabo-
rate drama of an encounter near his village to claim that they had killed four dreaded
militants. Kulwant Singh was brought from the interrogation center to the site of
the encounter near Kirtangarh and killed along with three others, including
Jagdish Masih, a Christian boy from Turdi village in Tarn Taran, who was also in
illegal police custody.
Under serial nos. 186/20, 187/21 and 188/22, the CBIs first list identifies three
cremations carried out on 5 July 1991 by ASI Santokh Singh of Amritsars Sadar
police station under the same FIR no. 362/91. They are of [1] Nirvail Singh,
s/o Darbara Singh, r/o Jagatpur, [2] Sukhbir Singh, s/o Attam Singh, r/o Thake
and [3] Jagdish Masih, s/o Gurdial Masih, r/o Turdi (TT), Khaparkheri. The list
does not mention post-mortem report numbers and gives the cause of death as
bullet injuries.
cremations carried out by the SHO/Inspector of Cheearta police station on 23 July
1991 under FIR no. 129/91. They are of [1] Tarlochan Singh, and [2] Dr. Baljinder
Singh. There are no post-mortem report numbers. The cause of death is given as
bullet injuries.
its incident report form no. CCDP/01362 and 01363. The main informant is Tarlochan
Singhs father Mangal Singh.
Tarlochan Singh, son of Mangal Singh and Mohinder Kaur, was a resident of
village Chhapa, post office Baghiari, under Jhabbal police station, in Tarn Taran sub-
division of Amritsar district. He was an Amritdhari Sikh. Tarlochan worked as a
motor mechanic and set up his workshop in village Verowal. Starting 1988, the police
started to repeatedly arrest Tarlochan Singh because of his activities with the Sikh
Students Federation. They registered a case against him once. After his release
from jail, the police resumed their harassment of Tarlochan Singh and his family.
Consequently, Tarlochan deserted his home.
Dr. Baljinder Singh, son of Harbhajan Singh, was a resident of village Panjwar,
under Jhabbal police station, in Tarn Taran sub-division of Amritsar district. He
and his wife, who has passed away, had one child. Dr. Baljinder Singh was a senior
leader of the militant movement. He was also Senior Vice-President of the Sikh
Students Federation (Bittu). The police had arrested him several times, before he
went into hiding.
Tarlochan Singh and Dr. Baljinder Singh disguised their identities and rented a
room in the house of Foreman Jagga Singh opposite the OCM Mill. On 23 July 1991,
the police arrested Tarlochan Singh from Suraj-Chanda Cinema in Amritsar, opposite
the bus stand. He had been identified by another youth already in police custody.
During torture, the police extracted information from him about where he and Dr.
Baljinder Singh lived. The police took Tarlochan Singh there at 2 p.m. and caught Dr.
Baljinder Singh. The police shot both of them dead right there inside the house.
Sikh Students Federation and militant organizations called for a strike in response
to the execution of Tarlochan Singh and Dr. Baljinder Singh.
The families were not informed of their deaths or of their cremations at Durgiana
Mandir cremation ground. The police also killed Mangal Singhs sons Deedar Singh
and Swaran Singh and their cousin-brother Tarlok Singh, son of Jarnail Singh.
The executions of Deedar Singh and Tarlok Singh are discussed above Under serial
no. 101/902.
cremations carried out by the SHO of Amritsars Sadar police station on 3 August
1991 under FIR no. 412/91. They are of [1] Swaran Singh. s/o Lal Singh, and [2]
Daljit Singh, s/o Saudagar Singh. There are no post-mortem report numbers. The
cause of death is given as death by consuming cyanide.
its incident report form no. CCDP/01364 and 01365. The main informant in this case
is Daljit Singhs brother Malkeet Singh.
Twenty-two year old Daljit Singh, son of late Saudagar Singh and Ranjit Kaur,
was a resident of village Chhapa, post office Bhaghiari, under Jhabbal police station,
in Tarn Taran sub-division of Amritsar district. He was an Amritdhari Sikh. As the
youngest of four brothers, Daljit Singh worked as a farmer. He was an activist of the
Sikh Students Federation. The police had never arrested him or visited his house.
Daljit, however, had deserted home about six months ago.
Swaran Singh, son of Lal Singh, resident of Talwandi in district Ferozepur, sym-
pathized with the militant and political struggle in Punjab. He used to live with his
maternal uncle in Amritsar. When the police attempted to arrest him, Swaran went
underground to evade arrest.
On 30 July 1991, at about 7 p.m. a police party from Amritsars Sadar police
station, led by SHO Tejinder Singh and including CRPF personnel, raided the house
of Akali leader Kirpal Singh Randhawa at 35 Kabir Park, Amritsar. Daljit Singh and
Swaran Singh were staying at Randhawas house. The police immediately arrested
both of them along with Randhawa.
On 3 August 1991, newspapers published a statement issued by retired Justice
Ajit Singh Bains, a human rights activist. Police had been posted at Randhawas
house since the 30
th
. One 3 August 1991, a police party led by inspector Tejinder
Singh and DSP Gurdev Singh brought Daljit Singh and Swaran Singh to Randhawas
house again. The police directed Randhawas wife Lakhwinder Kaur to leave the
house so that they could conduct a search. According to Lakhwinder Kaur, Daljit
and Swaran were in critical condition and each had to be held by two policemen to
stand. They were merely dressed in their underwear.
Two minutes after the family vacated the house, the police started shouting that
Daljit and Swaran had consumed poison. The police brought the vehicle into the
houses compound and placed their bodies in it. When Lakhwinder Kaur returned
home after the police removed the vehicle, a foul smell of a chemical substance was
emanating from the drawing room. The police had asked her to wash the floor of the
drawing room to eliminate the smell. Lakhwinder Kaur threw away the tumblers used
by them to force the youth to drink this chemical into the pond opposite her house.
In the news report based on the police story, the police claimed that both men
belonged to the Khalistan Commando Force and that they had been arrested on 3
August 1991 morning. The report claimed that they consumed poison while being
taken to a house at Kabir Nagar and died on their way to the hospital.
According to Kirpal Singh Randhawa, after the arrest of himself, Daljit, and Swaran
the police took them to Amritsars Sadar police station and brutally tortured them.
The police poked their bodies with pokers and pulled the nails of their toes out-
wards. After killing Swaran and Daljit, the police registered a case against Kirpal
Singh Randhawa and produced him in court on 8 August 1991.
54. Under serial no. 217/36, the CBI list partially identifies the cremation
of Lakhwinder Singh, alias Lakha, s/o Joginder Singh, carried out by the SHO/
inspector of Amritsars Sadar police station on 4 September 1991 under FIR no.
482/91. There is no post-mortem number. The cause of death is listed as bullet
injuries; encounter.
its incident report form no. CCDP/00224. The main informant is the victims wife
Shinder Kaur.
Thirty-five year old Lakhwinder Singh, alias Jahaj, son of Joginder Singh and
Sawinder Kaur, lived at village Sanghna, under Amritsars Sadar police station, in
tehsil and district Amritsar. He was married to Shinder Kaur and they had one
daughter who is now ten years old. Lakhwinder Singh worked as a farmer. His father
had participated in the Dharam Yudh Morcha, the political agitation launched by the
Akali Dal.
In 1990, the Chheharta police detained Lakhwinders younger brother Manga
Singh, wanting his family to produce Lakhwinder at the police station. After
Lakhwinder was produced at the police station, the police implicated him in a case
and sent him to Amritsar Jail. Three to four months later, he was released on bail.
After his release, the police began to raid Lakhwinders house and Lakhwinder even-
tually left his house from fear of the police.
However, in October 1991, the police arrested Lakhwinder in the fields outside of
his village Sanghna. They shot and killed him. His death was reported in the Punjabi
daily Ajit. His family also attended the police cremation of Lakhwinder at Durgiana
Mandir cremation ground.
After Lakhwinders death, his father Joginder Singh also disappeared.
55. Under serial no. 219/37, the CBI list partially identifies the cremation of Inderjit
Singh, s/o Harbhajan Singh, carried out by the SHO of Amritsars Sadar police
station on 26 September 1991 under FIR no. 525/91. There is no post-mortem
report number. The cause of death is given as fire arm injuries.
incident report form no. CCDP/00228. The main informant is the victims father,
Harbhajan Singh.
Inderjit Singh alias Kala, son of Harbhajan Singh and Balbir Kaur, lived at village
Sanghna, under Amritsars Sadar police station, in tehsil and district Amritsar. He
was 28 years old, worked as a farmer, and he and his wife Amarjit Kaur had a son, now
around ten years old. Inderjits father Harbhajan Singh had actively participated in
the Akali political agitation Dharam Yudh in 1982. And because of this participa-
tion, the police viewed his family suspiciously.
On 13 June 1991, the police abducted Inderjit Singh from the Amritsar Manj
road. His death was reported in the Punjabi daily Ajit on 26 September 1991 as the
death of a militant in a police encounter on Manj road in Amritsar city. The police
allegedly killed two other militants along with Inderjit Singh.
Under serial nos. 218/27 and 220/28, the first CBI list identifies two 26 September
1991 cremations carried out by the SHO of Sadar police station under the same FIR
no. 525/91.They are of: [1] Kashmir Singh alias Landu, s/o Kundan Singh, r/o Nehryu
Colony, Amritsar, and [2] Jaspal Singh, s/o Preetam Singh, r/o Mustafabad. The list
does not show a post-mortem report number. The cause of death is given to be
firearm injuries.
cremations carried out by Sadar Amritsar police on 23 May 1992. They are of [1]
Harvinderjit Singh, s/o Sawinder Singh Gill and [2] Mandeep Singh, s/o Sewa
Singh. There is no FIR or post-mortem report number. The cause of death is iven
its incident report form no. CCDP/01135. The main informant is Harvinderjit Singhs
father, Sawinder Singh.
Twenty-year old Harvinderjit Singh Gill, son of Sawinder Singh Gill and Surinder
Kaur, was a resident of Bhawani Nagar, Gali No. 4, Gurdwara Wali road, under Vijay
Nagar police station in Amritsar city. He was the only son of his parents. Harvinderjit
was a final year student of B. Sc. in Food Technology at Amritsars Khalsa College.
He was a member of the Sikh Students Federation, but had never been arrested in
connection with any criminal offence. Harvinderjit was unmarried.
Harvinderjits father Sawinder Singh was a soldier of the Indian army with the 51
Mountain Regiment that had in the forefront of Indias war against China fought in
1962. Sawinder Singh was seriously wounded in the war and was also taken prisoner
by the Chinese Army . After spending three months as a prisoner of war with the
Chinese, Sawinder Singh returned to Indian hands through mediation by the Inter-
national Red Cross. His right arm had been perforated by bullet injuries and both his
feet had become gangrenous from frostbite. Sawinder Singh remained admitted in a
Military Hospital for a long time and eventually both his feet had to be amputated. In
1966, Sawinder Singh was discharged from the army on medical grounds and he
returned to his village in Punjab to pick up the threads of his life again. Although
disabled, Sawinder Singh joined an educational college and after completing the
course in 1969, he became a teacher. In September 1970, he married Surinder Kaur and
on 25 October 1971 Harvinderjit Singh, their only child, was born.
Both the parents were proud that their only son was good in studies. After
passing his Higher Secondary School examination with good marks, Harvinderjit
joined the Khalsa College as a B. Sc. student in Food Technology. In 1992, he was
studying for the final year. Harvinderjit was not only studious but also very attached
to his parents and returned home punctually after college every evening.
On 22 May 1992, around 1:30 p.m. Harvinderjit and his friend Mandeep Singh,
son of Sewa Singh from House No. 38 in Adarsh Nagar, Ram Tirath road in Amritsar,
went to the Sikh Gurdwara Management Committee (SGPC) office within the Golden
Temple Complex. Both of them were carrying their student identity cards and
Harvinderjit Singh had, in addition, his educational concessions entitlement card
No. 7624, issued to children of ex-servicemen. After meeting some functionaries of
the SGPC in their office, when Harvinderjit and Mandeep exited the Golden Temple
Complex, DSP Ratan Lal Monga, who was in plainclothes, caught Harvinderjit by his
arm and asked him to get himself frisked. Harvinderjit did not know it was an officer
in plainclothes who grabbed him, and he protested loudly about this rude behavior.
The altercation led to a physical scuffle and both of them fell to the ground. Harvinderjit
still did not know that the man he was quarrelling with was a Punjab police officer
when DSP Monga ordered his subordinates to shoot him. Harvinderjit was shot and
he collapsed dead there on the road. Mandeep Singh, who had been trying to inter-
vene to end the quarrel, was shocked to see his friend shot and lying on the road in
a pool of blood. A confused and perplexed Mandeep ran into a tea shop to save
himself, but DSP Monga came after him, had him dragged out and shot. Mandeep
Singh also died on the spot. Amritsars Sadar police station registered FIR no. 36 to
claim the incident as an encounter.
As Harvinderjit did not return home that evening, his father and mother went out
to look for him in the city. While they were away, some
policemen came to the house and, finding them absent,
asked the neighbors about Harvinderjit Singh. When
the neighbors told the policemen that he was a B. Sc.
student at the Khalsa College, one officer sarcastically
remarked, Well, he has passed his B. Sc. The police-
men, however, did not disclose the reasons for their
inquiries and then went away. The neighbors told
Harvinderjits parents about the policemen when they
returned home in frustration from not finding their son.
Early next morning, Sawinder Singh went to the Khalsa
College, but was not able to find out anything to ex-
plain his sons disappearance. On his way back home,
Sawinder Singh read a newspaper report on the killing of two young Sikhs outside
the Golden Temple. When Sawinder Singh returned home, with a copy of the news-
paper, he found out that some policemen had again come to his house to ask him to
identify a body.
Sawinder Singh rushed to the hospital and identified his sons body. Even then
the police carried out the cremations of both Harvinderjit Singh and Mandeep Singh
after recording that they were unidentified militants. Sawinder Singh and his wife
witnessed the cremation and later they were also allowed to collect the ashes.
Sawinder Singh then fought with the police officials to correct their records to in-
clude Harvinderjits correct name and identity. It is, however, ironical that the crema-
tions of Harvinderjit Singh and Mandeep Singh are recorded in the CBIs list of
partially identified cremations. Only their names and fathers names are mentioned.
Their residential addresses are not there.
Sawinder Singh then went to the site of the reported encounter and talked to
people who witnessed the incident. They vividly recounted how DSP Monga had
killed both Harvinderjit and Mandeep. Most of them were shop-keepers who did
not want to antagonize the police and refused to be quoted. Sawinder Singh
then sent applications to the senior officials of the Punjab government and also the
city administration to demand an impartial inquiry. His applications were not even
acknowledged.
On 17 June 1992, Sawinder Singh and Sewa Singh, father of Mandeep, submitted
a joint petition addressed to the Prime Minister of India demanding an impartial
investigation and appropriate action against the guilty officials. They also addressed
copies of the petition to the Home Minister of India, Chief Minister of Punjab, Gov-
ernor of Punjab, DGP, DIG of Jalandhar range, Deputy Commission of Amritsar and
SSP of Amritsar. The petition made no impact and remained unacknowledged.
Instead of responding to his petition for an impartial inquiry, the police officials
started visiting him at his house to make inquiries about his son and to mock his
efforts to get an inquiry instituted. Sawinder Singh flew into a rage when a DSP
named Khosla once came to him and started mocking him. Sawinder Singh told him
how he had lost his legs and about his record as an Indian soldier. Then he shouted
at them: You have killed my only son to reward me for my services to this country.
And now you continue to harass me and my grief-stricken wife. The policemen did
not visit him again.
Harvinderjit Singh
In 1997, Sawinder Singh and Sewa Singh, Mandeeps father, filed a petition
numbered Cr. Misc. 23455-M/97 before the High Court of Punjab and Haryana to
demand an inquiry and suitable action against the killers of their sons. Their peti-
tions were clubbed together and disposed of with an order made on 2 January 1998.
The order said that the petitioners were free to file their complaint before the lower
court of competent jurisdiction and the High Court will not investigate disputed
facts of a case that happened in 1992.
Sawinder Singh was very disappointed by the Courts order and, having lost
all faith in the possibilities of justice in the country, decided not to file any
more complaints.
Sukhdev Singh alias Subag Singh, s/o Mohinder Singh, carried out by Raja Sansi
police on 15 July 1992. There is no FIR no. or post-mortem report number. The
cause of death is given as poison consumption.
brother Balwinder Singh.
Thirty-five year old Sukhdev Singh alias Gujjar, son of Bhagat Singh and
Gurbachan Kaur, was an Amritdhari Sikh resident of village Sarai Amanat Khan,
Bhoosia Di Patti, under Sarai Amanat Khan police station, in Tarn Taran sub-division
of Amritsar district. He was married to Gurmeet Kaur and they had two sons.
Sukhdev Singh was a supporter of the political movement in Punjab. The police
would often arrest him on the allegation that he had links with the militants. The
Gharinda police once registered a case against him and sent him to jail. He was
released on bail after six months. After his release, the police again started raiding his
house to arrest him. They would arrest him and torture him. Consequently, he de-
serted home.
After Sukhdev Singh left home, the police started harassing his family. They
would pick up his father and brothers, torture them and pressure them to produce
Sukhdev Singh. However Sukhdev Singh was not in touch with his family and the
family, from fear of the police, also started staying away from home. Then the police
arrested Sukhdevs relatives.
On 26 June 1992 at about 5 p.m., Sukhdev Singh was returning from a visit to his
cousin Harbans Kaur and was walking near the railway crossing at Chheharta, Amritsar
along with a companion. The Chheharta police arrested the men just a short distance
from Harbans Kaurs house. That night the police showed the men as having been
killed in an encounter near the village Ghanupur Kale. The police had also fired some
rounds at the time of the arrest. The following morning the police arrested Harbans
Kaurs son, but released him after a few days.
The police cremated Sukhdev Singh at the Durgiana Mandir cremation ground
the next day. They did not inform the family of the cremation.
SHO Sanjiv Kumar Sharma, in-charge of police post Sarai Amanat Khan, also
confiscated 10,000 bricks from the family.
Mateshbir Singh alias Tasbeera Singh, carried out by Amritsars Sadar police
station on 10 September 1992. There is no FIR no. or post-mortem report number.
The cause of death is given as poison.
father Anoop Singh.
Twenty-one year old Tasvir Singh, son of Anoop Singh and Sukhbir Kaur, was a
resident of Jhander village, Chelian Wale, under Jhander police station, in Ajnala
sub-division of Amritsar district. While a student of the 10
th
standard in 1987, Tasvir
was illegally detained and brutally tortured a number of times on the basis of suspi-
cions about his militant connections. After these experiences of custodial torture,
Tasvir decided to leave his home and join the militant underground. For the next
several years, members of his family, including distant relatives, suffered enormous
police abuses, including confiscation of all their valuable property, prolonged illegal
detention and custodial torture. His maternal uncle Amrik Singh and his brother-in-
law Davinder Singh were so brutally tortured that both of them, following multiple
fractures on their arms, became disabled. The family was also not allowed to culti-
vate the land.
Tasvir Singh was finally taken into custody on 9 Sptember 1992, when Amritsars
Sadar police, led by SHO Baldev Singh Tera, raided his sisters house at Vijay
Nagar in Amritsar. Tasvir was taken to B. R. Model School Interrogation center.
A newspaper report, that appeared the following day, claimed that Tasvir Singh died
after consuming cyanide when surrounded by the Amritsar police at his hideout
near Do Burji.
The police carried out the cremation without informing the family.
According to Anoop Singh, the police later abducted his brother-in-law Kashmir
Singh, son of Gulzar Singh, from his residence in Jhander village and also killed him
in a fake encounter.
60. Under serial no. 365/59, the CBI list partially iden-
tifies the cremation of Rakesh Kumar, s/o Vishvamitr,
carried out by SHO Atma Singh of police post Vijay
Nagar, under Amritsars Sadar police station, on 27
December 1992. There is no FIR number. The post-
mortem report is marked as RKS/110/92 27/12/1992.
tion about this case from its incident report form no.
CCDP/00143. The main informant is Rita Kumari, the
wife of Rakesh Kumar.
Twenty-two year old Rakesh Kumar, alias Kesha,
son of Vishwa Mitter and Kailash Devi, was a resident of village Chachowali, post
office Jaintipur, under Kathu Nangal police station, in Amritsar district. He was
married to Rita Kumari and they had one son Gaurav who is now ten years old. After
his matriculation, Rakesh began working as a ticket checker for a transport company.
Rakesh Kumar
On 12 December 1992, when Rakesh and his wife Rita were returning from Dhariwal,
three to four plainclothes policemen abducted Rakesh from the outer gate of the
Pathankot Bus Stand. They put Rakesh in an unnumbered vehicle and drove away.
Rita returned to her in-laws and informed them about the abduction of her husband.
Her father-in-law, father, and elder brother-in-law went to the Pathankot Police sta-
tion and met SP Kirpal Singh Bassi, but they did not receive any information about
Rakesh.
On 25 December 1992, a policeman in civil dress came to their house and told
them Rakesh was at the B.R. Model School interrogation center in Amritsar. He told
them to secure Rakeshs release in exchange for money. Rakeshs father and two
older brothers, along with the President and Vice-President of Brahman Sabha, went
to Amritsar the next day and met SP Shukla. The SP asked them to return the next
day; they returned on the 28th but received no information.
However, on 28 December, the Punjabi daily Jagbani published news of Rakeshs
death in an encounter on the intervening night of the 26
th
and 27
th
of December 1992.
The news item stated that Rakesh was a militant associated with the Babbar Khalsa.
The police had cremated his body at the Durgiana Mandir cremation ground on the
27
th
at 2 a.m. without informing his family.
The police started harassing Rakeshs family after his death, detaining his brother
several times. At first, the family did not take any action because of fear of repercus-
sions from the police. Later, they sent representations to government leaders and
submitted an apEplication to the National Human Rights Commission that was re-
jected as time-barred.
Cremations in the Police District of Majitha
61. Under serial no. 73/6, the CBI list partially identifies the cremation of Nirmal
Singh alias Nimma, s/o Joginder Singh, carried out by the Ajnala police on 16
February 1989. There is no FIR no. or post-mortem report number. The cause of
mother Pooran Kaur.
Thirty-three year old Nirmal Singh alias Nimma, son of Joginder Singh and Pooran
Kaur, was a resident of village Nepal, post office Jastarwal, under Lopoke police
station, in Ajnala sub-division of Amritsar district. He worked as a farmer.
Owing to the enmity against his family, his uncles Sawinder Singh and Pargat
Singh would get the police to harass and detain Nirmal Singh who subsequently
deserted his home and joined the militancy on 12 August 1988. The family learnt
about his death through a newspaper report about a police encounter at village
Sakka Wali. They were never given his body or informed about his death or crema-
tion. The police damaged and confiscated Nirmal Singhs house and property, caus-
ing a loss of 200,000 rupees. The police also repeatedly detained and tortured
Nirmals brother Resham Singh. Because Joginder Singh had passed away, Pooran
Kaur spent much of her savings and assets in securing Reshams release.
62 63. Under serial nos. 81/11 and 82/12, the CBI List partially identifies two
cremations carried out by the Mehta police on 28 April 1989. They are of [1]
Kulwinder Singh, s/o Amrik Singh, and [2] Raghubir Singh alias Raghu, s/o
Preetam Singh. There is no FIR or post-mortem report number. The cause of death
incident report form no. CCDP/00147. The main informant is Kulwinder Singhs
mother Rajwant Kaur.
Twenty-one year old Kulwinder Singh, alias Bittu, son of Amrik Singh and Rajwant
Kaur, was a resident of Mohalla Daggar, Kalanaur, under Kalanaur police station,
tehsil Gurdaspur, in Gurdaspur district. He was unmarried and worked as a farmer.
Kulwinder Singh had suffered repeated detentions by the police. In 1986, SI
Jarnail Singh, SHO of Kalanaur, implicated him in a case and sent him to Gurdaspur
Jail. After one or two months, Kulwinder was released on bail. Some time later, SHO
Swaran Singh of Kalanaur police station detained Kulwinder in illegal custody for a
few days, implicating him in a case. Kulwinder spent a year in Sangrur jail until his
release on bail. Over the next year, the police repeatedly detained him and released
him after a few days.
On 26 November 1988, Constable Paramjit Singh along with two others came to
Kulwinders house and told his parents to produce him at the police station. That
same evening, when Kulwinder returned from working in the fields, his parents,
along with the sarpanch and other village elders, produced Kulwinder Singh in front
of SHO Sohan Singh, the SHO of Kalanaur police station. When the family returned
the next day to see Kulwinder, the police detained and harassed them, saying that
Kulwinder had escaped from custody. Over the next five months, the police repeat-
edly detained and tortured the parents for a few days at a time.
On 27 April 1989, SSP Gobind Ram of Batala, and inspector Ajaib Singh, the SHO
of P.S. Sadar Batala, killed Kulwinder in a fake encounter at village Bhatti Ke, under
Mehta police station in Amritsar district. They also killed Ranbir Singh, r/o village
Zaffarwal, under Dhariwal police station in Gurdaspur district, and Gurcharan Singh,
r/o village Tusalwala, under Sri Hargobindpur police station in Gurdaspur district.
The next day, Punjabi dailies Ajit and Jagbani reported the encounter killing of an
allegedly unidentified militant and two identified militants, and placed a photograph
of Kulwinder Singh with the story. The newspaper reports also described the weap-
ons allegedly recovered from the dead men. The police continued to harass
Kulwinders family, even after his death.
The cremation of Raghuvir Singh could represent the fate of Ranbir Singh. It is
not known, however, what happened to the body of Gurcharan Singh.
64. Under serial no. 207/25, the List partially identifies the cremation of Kashmir
Singh, s/o Gulzar Singh, carried out by Majitha police on 5 January 1991. There are
no FIR or post-mortem report numbers. The cause of death is given as encounter.
incident report form no. CCDP/00077. The main informant is Tarsem Singh, the
brother of Kashmir Singh.
Twenty-four year old Kashmir Singh, son of Gulzar Singh and Mohinder Kaur,
was a resident of village Jhander, Chelian Wale, under police station Jhander, in
Ajnala sub-division of Amritsar district. After finishing his matriculation, he worked
as a farmer. He was unmarried and had three sisters.
Around the end of 1985 or the beginning of 1986, the police picked up Kashmir
Singh for questioning in the investigation of a murder. SHO Lashkar Singh and
Sharma, the in-charge of the police post, brutally tortured him. After this experience
of torture, Kashmir Singh could not do heavy physical work. The police also con-
tinuously detained Kashmir Singh because his nephew Tasvir Singh, son of Anoop
Singh, had joined the militancy in 1987. Kashmir Singh left home after several expe-
riences of torture; and the police then started harassing his family.
On 2 January 1991, around 2 a.m. a police party led by DSP Kirpal Singh of
Majitha, and including a CIA Inspector of Mall Mandi Interrogation Centre, arrived
at Kashmir Singhs uncles house in village Arrana, district Kaithal, Haryana. The
police brought along Bhai Tarsem Singh, Kashmirs step brother. They abducted
Kashmir in the presence of his mother and his uncles family and took him to Punjab.
The next day, the village Panchayat and others met the SHO and DSP of Majitha
but did not get any information about Kashmir Singh. The police released Tarsem
Singh from Mall Mandi Interrogation Centre on 6 January 1991. On January 6, the
Punjabi daily Ajit also reported that Kashmir Singh was killed in an encounter with
the Majitha Police near village Ranewali. The family approached SSP P.S. Gill through
political leaders and got Kashmir Singhs ashes from the Durgiana Mandir cremation
ground where his name was recorded in the register.
For three years, the police prevented Kashmir Singhs family from cultivating
their land. The police, specifically SI Dharam Singh and SSP Anil Kumar, damaged
the familys house and confiscated the motors of their tube-wells. They returned the
motors three years later in useless condition but did not return four fans and a motor
starter. Total, the family suffered a loss of 145,000 rupees. After Kashmirs death, his
mother suffered from mental trauma, but could not continue treatment at a hospital
because of lack of financial support.
In separate incidents, the police also killed Kashmir Singhs nephew Tasvir Singh
in a false encounter on 9 September 1992 and Kashmir Singhs brother-in-law Kulwant
Singh, son of Gurmej Singh. Kashmirs uncle Gurmukh Singh, from village Badowal in
district Gurdaspur, was implicated in a pistol case and tortured by SHO Sood of Majitha.
The court acquitted him. The Majitha police also illegally detained Kashmirs cousins
Major Singh, Balwinder Singh, Gurmej Singh, and Bachan Singh and his son.
65. Under serial no. 228/26, the CBI list partially identifies the cremation of Malkait
Singh, s/o Dharam Singh, carried out by Jandiala police on 18 February
1991. There is no FIR no. or post-mortem report number. The cause of death is
given as encounter.
incident report form no. CCDP/01226. The main informant in the case is Dalbir Singh,
the victims brother.
Twenty-five year old Malkeet Singh, son of Dharam Singh and late Kartar Kaur,
was a resident of the locality of Patti Gopi Ki in village Sathiala, under Beas police
station, in Baba Bakala sub-division of Amritsar district.
Malkeet Singh was an Amritdhari Sikh. After completing his matriculation, he
took up agricultural farming. His family says that while no case was ever registered
against Malkeet Singh, he was inclined towards the militancy. However, the Police
were not aware of his activities.
On 17 February 1991 at 5.15 p.m. Malkeet Singh was chatting with an army jawan
from his village, Amarjit Singh, s/o Mohinder Singh, in front of the main Gurdwara of
the village. Just then, a patrolling party of 73 Battalion of CRPF led by Sub Inspector
Sardool Singh arrived. The CRPF jawans surrounded both men, aimed their weapons
at them and told them to raise their hands. Amarjit Singh pleaded with the CRPF men
that he was an army jawan on leave. Amarjit Singh tried to show his identity card,
but the CRPFs jawans would not listen. The CRPF shot both of them dead there in
front of villagers. They collected the bodies and departed quickly.
The following day, on 18 February, the newspapers published a report that the
police had killed two militants in an alleged encounter near Gakhar Baba, on the
outskirts of village Sathiala. The shooting deaths of Amarjit and Malkeet, however,
had taken place in front of the gurudwara in the village. The villagers said that the
CRPF did have some information about the activities of Malkeet Singh, but Amarjit
Singh Fauji was absolutely innocent. The CRPF personnel could have easily ar-
rested both of them, too.
The family of Malkeet Singh took no action against his extra-judicial killing.
However, on the basis of information received from the family of Amarjit Singh, an
army jawan, senior Army officers visited village Sathiala and conducted a thorough
investigation into this incident. Based on their findings, both the accused CRPF
men, specifically Sub Inspector Sardool Singh and Havaldar Dharam Pal of 73 Battal-
ion, were tried in an army court and sentenced to death by hanging.
The CBIs first list fully identifies the cremation of Amarjit Singh, s/o Mohinder
Singh, r/o Sathiala, Under serial no. 227/23. His cremation, however, was carried out
by SHO Rajan Singh of Beas police station. There is no FIR no. The post-mortem
report number is 177/18.2.1991 and the cause of death is given as police encounter.
Kulwinder Singh alias Kinda, s/o Bawa Singh, carried out by SI/SHO Basant Singh
of Beas police station on 16 November 1991 under FIR no. 194/91. There is no
post-mortem report number. The cause of death is given as police encounter.
father Bawa Singh.
Eighteen-year old Kulwinder Singh alias Kinda, son of Bawa Singh and Kans
Kaur, was a resident of Lehndi Patti, village Dhardeo, under police station Mehta, in
Baba Bakala sub-division of Amritsar district. He had two older brothers, Satnam
Singh who served in the army and Gurcharan Singh who was an ex-constable of the
Punjab Armed Police. Kulwinder had abandoned his studies in 1985 in class VII and
started working as a farmer.
In 1990, scared of militants threats to families of policemen, Gurcharan Singh
quit the police service. However due to this decision, the Punjab police began to
suspect Gurbachan of being a supporter of the militants. The police arrested him on
the basis of this suspicion. In 1991, he was booked by the Mehta police under
section 307 IPC, the Arms Act and TADA , and sent to jail.
On 10 November 1991, while Gurcharan was detained in the Central Jail, Amritsar,
a police party comprised of police from several police stations including Mehta,
Beas, and Raiyya and led by SP (operations) Mr. Banga, DSP Darshan Singh Mann
and the SHOs of the police stations such as SHO Wasan Singh of Beas, surrounded
the village of Dhardeo. At about 10 or 11 a.m., the police arrested Kulwinder Singh
and Kulbir Singh s/o Harbhajan Singh.
After Kulwinders arrest the family approached influential politicians to try and
secure his release. On 11 and 12 November the family did not know where the police
were detaining Kulwinder. On 13 November they learnt that Kulwinder was at the
Beas police station. That same day, Bawa Singh and a relative who was an Akali
leader met SSP Majitha, Paramjit Singh Gill, in Amritsar. The SSP promised Kulwinders
release in a day or so. On the 16
th
, Bawa Singh, accompanied by two Akali leaders,
met DSP Darshan Singh Mann at Baba Bakala. The DSP informed them that Kulwinder
had been killed the previous night and they should go to Amritsar immediately if
they wanted to attend his cremation. When Bawa Singh and the Akali leaders
reached Amritsar, the police had taken the body for a post-mortem to the medical
college, Amritsar. Although family and relatives had reached the grounds and were
present at the time of the cremation, the cremation was attended only by the police.
On 17 November 1991, newspapers reported the death of an alleged militant
Kulwinder Singh. The police reported that they were taking Kulwinder Singh
to recover weapons when militants attacked them. The police returned fire and
Kulwinder was killed in the cross fire. This occcurred near village Dhianpur under
police station Beas.
Ninder Singh s/o Naranjan Singh, resident of village Dhardeo, was also arrested
and killed with Kulwinder Singh. None of the CBI lists contain information on
his cremation.
Even after the murder of Kulwinder, the police continued to harass his older
brother Gurcharan Singh. Two more cases were registered against him. Due to his
political activities as an activist of the Sikh Student Federation, the police repeatedly
arrested him. This process continued until 1995.
In 1999, after the NHRC invited claims on prescribed proformas from the next-of-
kin of those who had disappeared or had been killed by the police, Bawa Singh also
submitted a claim regarding the extra-judicial killing of his son Kulwinder Singh. The
police visited the family several times after that. However, the family has not heard
from the NHRC about the progress of the case.
Gursewak Singh alias Fauji carried out by SHO Amar Singh of Jandiala police on
24 December 1991. There is no FIR no. or post-mortem report number. The cause
mother Kulwinder Kaur.
Twenty-three year old Gursewak Singh, the youngest son of late Suba Singh and
Kulwinder Kaur, was a resident of village Kaler, post offce Bagarian, under Tarn
Tarans City police station, in Tarn Taran sub-division of Amritsar district. Two of his
brothers were in the Indian army . After completing his studies, Gursewak started
helping his father with farming.
In 1990, the police started arresting Gursewak on suspicion that he had links with
militants. The family says that, at that time, they had strained relations with some
people in the village. These people would lodge false complaints with the police that
Gursewak had links with militants. On the basis of these secret complaints, the police
would arrest and torture him. The police registered cases against him twice and also
sent him to jail. When he would come out of jail, the police would start raiding his
home again to arrest him.
After his last release from jail, Gursewak started staying away from home from
fear of the police. The police started harassing and detaining his family members. His
father Suba Singh, to protect the family, had a notice published in the newspapers
disinheriting his son, Gursewak, but the police still did not stop harassing them.
On 22 December 1991, Gursewak and his cousin who served in the army , Hansa
Singh, son of Anokh Singh resident of Kaler, were going to Jalandhar by bus. The
Jandiala Guru police arrested both of them from the bus between the towns of Jandiala
Guru and Tangra on the G.T. road. Gursewak tried to escape but was caught by the
police. Hansa Singh made no attempts to escape.
On 25 December 1991, Punjabi dailies Ajit and Jagbani reported that on the night
of 23-24 December, a newspaper reported that the police killed Gursewak Singh and
an unidentified militant in an encounter near the village Wadala Jauhal. When the
family went to Jandiala Guru police station, they were told that the two men had been
cremated at Durgiana Mandir cremation ground and that the family could collect the
ashes. Both families were also shown clothes at the police station, which they
recognised as those of Gursewak and Hansa Singh.
The family also visited the site of the encounter. The residents of the sur-
rounding houses told them that when the police brought the two men there, one of
them was loudly abusing the police. The neighbours testified that the two men were
already in the custody of the police.
68. Under serial no. 354/29, the CBI List partially identifies the cremation of
Kamaljit Kaur, w/o Surjit Singh, carried out by SI/SHO Basant Singh of Beas
police station on 1 March 1992 under FIR no. 26/92. There is no post-mortem
report number. The cause of death is given as bullet injuries.
incident report form no. CCDP/00321. The main informant is the victims husband
Surjit Singh.
Twenty-four year old Kamaljit Kaur, daughter of Piara Singh and Dalbir Kaur, was
a resident of village Kammoke, post office Butala, under Beas police station, in Baba
Bakala sub-division of Amritsar distrct. She was married to Surjit Singh who worked
as a farmer.
On 29 February 1992, while Kamaljit Kaur was sleeping on the roof of her village
Gurdwara, the police came and started firing. Her family found only blood stains and
not her body when they went to the Gurdwara. The
police informed the family about her cremation at
Durgiana Mandir cremation ground. The family did
not attend the cremation, although they did collect her
ashes. Kamaljit Kaurs family met SHO Wasan Singh
of Beas and DSP Darshan S. San of Baba Bakala, but
the police officers maintained that Kamaljit Kaur was
killed in a police encounter. The Punjabi dailies Ajit
and Jagbani, and the English-language Tribune re-
ported her death.
The police also damaged the familys property and
confiscated cash. Strangely, the CBIs third list of uni-
dentified cremations lists another cremation carried out
on 1 March 1992 by SHO Wasan Singh of Beas police station under the same FIR
no. 26/92. The post-mortem report is marked as ND/FM/234/92 and the cause of
death is given as police encounter. There is no information on the identity of this
second person.
In another incident, Surjit Singhs older brother Dharamvir Singh was killed in an
alleged encounter by the Jammu Kashmir police at the border. According to Surjit
Singh, a case has been registered against six policemen for his brothers death.
69. Under serial no. 396/58, the CBI list partially identifies the 6 May 1992 crema-
tion of Manjinder Singh, s/o Kaker Singh, carried out by ASI Lakhbir Singh of
Jandiala police station under FIR no. 62/92. The post-mortem number is WD/368
6.5.1992. The cause of death is given as bullet injuries.
incident report form no. CCDP/01148. The victims mother Gurnam Kaur and brother
Sharanjit Singh are the main informants in this case.
Twenty-four year old Manjinder Singh, son of Thakar Singh and Gurnam
Kaur, was a constable of the Punjab police, resident of Pakho ke village, under Tarn
Tarans Sadar police station, in Tarn Taran sub-division of Amritsar district. He
was unmarried.
After completing his Higher Secondary School, Manjinder joined the Govern-
ment Physical College at Patiala for a diploma in sports training. During
school, Manjinder had been a very good volleyball player and had participated
in competitive matches at the inter-state level. Because of his sports record, Manjinder
was selected for the Punjab police while he was still doing his diploma at the
Patiala College.
In 1992, Manjinder returned to his village on leave and did not report back to
duty. He was under pressure from several relatives who the militants had threatened
to make Manjinder give up the police service. He had also received indirect threats to
quit the police department if he cared for his parents well-being. Manjinder decided
not to endanger their lives and stayed away from the department. Soon, he began to
receive letters from his department to report back to duty. He ignored the letters.
In the last week of April 1992, on the 28
th
or 29
th
, Manjinder had gone to Jandiala
Guru town to do some shopping and, in the market, he met with Gurdev Singh, son of
Kamaljit Kaur
Harbans Singh, and Major Singh, son of Jagir Singh,
both from his village. Their meeting was coincidental
and they walked together to Bira Singhs watch repair
shop. The Jandiala Guru police, led by SHO Udham
Singh, arrested Manjinder and his companions while
one of them was getting his watch fixed. The police
blindfolded all of them and took them away in a police
vehicle.
Manjinders sister Gurnam Kaur was also in the mar-
ket and, noticing the commotion, she made inquiries
and found out that the police had abducted her brother
and two others from her village. A large number of
people had witnessed the abduction and, since Pakho
Ke was very close to Jandiala town, the news of the abduction soon reached
Manjinders parents.
Manjinders brother Surjit Singh rushed to the Jandiala Guru police station and
found out that all three persons arrested by the SHO had been taken to Amritsars
Mall Mandi Interrogation center. The family members tried to make inquiries at the
Mall Mandi Interrogation center but no responsible officer spoke to them. The Jandiala
Guru police registered a case against Major Singh. The arrests of Manjinder and
Gurdev remained unacknowledged.
On 7 May 1992, Manjinders family members read a report in the newspaper, Ajit,
that announced his killing in an encounter near village Dala Kalan. Another militant
named Gurdev Singh Bhutoo was also reported killed. The encounter had suppos-
edly occurred when the police were taking them for the recovery of weapons. The
report quoted police officials as suggesting that some militants lying in ambush
attacked the police vehicle and, in the ensuing exchange of fire, both Manjinder and
Gurdev died. The police had already cremated the bodies at the Durgiana Mandir
cremation ground on 06 May 1992. The families collected the ashes from the crema-
tion ground.
The newspaper reports about the encounter clearly identified both Manjinder
and Gurdev Singh and spoke about only two killings. The CBIs identified list, Under
serial no. 395/80, shows the cremation of Gurdev Singh on 06 May 1992, whereas
Manjinders cremation figures in the CBIs partially identified list. Manjinders fathers
correct name is Thakar Singh. Also surprising is the fact that the CBIs list of uniden-
tified cremations, Under serial no. 397/259 and 398/260, shows two additional crema-
tions carried out by the Jandiala police on 06 May 1992 under the same FIR no. 62/92.
These entries suggest that either more than two persons were killed in this so-called
encounter or the police cremated two others not involved in the encounter under the
same FIR.
The CBI placed Manjinders cremation in the partially identified list and also
distorted his fathers name. Manjinders elder brother Sharanjit Singh told The com-
mittee members that several CBI officers had visited his house to make inquiries after
the Supreme Court ordered an investigation into the matter of secret cremations.
According to Sharanjit, the officers recorded detailed statements from all of the
families connected with this episode. Sharanjit claimed to have seen a CBI inspector
going around with SHO Udham Singh who was responsible for the abductions and
Manjinder Singh
the killings. According to him, Udham Singhs gunmen talked to the shopkeepers in
Jandiala town and told them not to admit to having seen the abductions.
Major Singh, son of Jagir Singh of Pakho Ke village, had also been abducted
along with Manjinder and Gurdev. Major Singh was, however, implicated in a case
and sent to jail. After his release on bail, four months later, he disclosed that SHO
Udham Singh had taken all of them to Mall Mandi Interrogation center where they
had been brutally tortured. Gurdev lost consciousness under torture and did not
recover from his condition. Major Singh himself had suffered severe torture and died
on 04 April 1993, some months after his release.
70. Under serial no. 407/62, the CBI list partially identifies the 29 May 1992
cremation of Pratap Singh, s/o Harbans Singh, r/o Jandiala, carried out by ASI
Dharam Pal of Jandiala police station under FIR no. 88/92. There is no post-
mortem report number. The cause of death is given as bullet injuries.
incident report form no. CCDP/01103.
Eighteen-year old Pratap Singh alias Buddhu, son of Harbans Singh and Swaran
Kaur, was a Dalit Sikh boy belonging to village Vadala Jauhal, Charhdi Patti, under
Jandiala Guru police station, in Amritsar sub-division and district. Although illiter-
ate, Pratap was recognized as a proficient tailor and had been running a successful
workshop at the neighboring village of Talwandi Dogra since 1988. Because of the
workload, he often stayed back in his workshop. Pratap was unmarried and did not
have a criminal or political background. One of his brothers Hardeep Singh, then a
Special Police Officer, is now a constable of the Punjab police.
Early in the morning of 26 May 1992, around 6 a.m. SHO Udham Singh of Jandiala
Guru police station led a search operation in the village Talwandi Dogra and arrested
Pratap from his workshop and four other residents of the village from their homes.
Among the four persons arrested along with Pratap Singh were: [1] Davinder Singh,
s/o Darshan Singh, [2] Balbir Singh, and [3] Kuldeep Singh. The arrests were wit-
nessed by the family members and other village residents.
Over the next days, Prataps brother Hardeep Singh tried to intervene and secure
his brothers release from the illegal custody. His efforts failed.
Four days after these arrests, several Punjabi newspapers carried a report claim-
ing that the police had killed two militants Pratap Singh and Davinder Singh in an
encounter. Prataps family members were not informed about the incident and the
police carried out the cremation without their knowledge.
Davinder Singhs cremation is recorded in the CBIs list of identified cremations
Under serial no. 406/83 and has been discussed in the relevant section of this report.
The fate of the other three arrested along with them remains unknown.
71. Under serial no. 419/63, the CBI list partially identifies the 10 June
1992 cremation of Jagir Singh, s/o Udham Singh, carried out by Lopoke police.
There is no FIR no. or post-mortem report number. The cause of death is given as
bullet injuries.
nephew Jagtar Singh.
Twenty-two year old Jagir Singh alias Deen, son of Udham Singh and Paal Kaur,
was an Amritdhari Sikh farmer from village Kakar Tareen, post office Sorian, under
Lopoke police station, in Ajnala sub-division of Amritsar district. He was unmarried.
Jagir Singh was a deeply religious Sikh and sympathized with the Sikh militant
movement that developed after the June 1984 Indian military operation in Punjab.
However, he had no active connections and had never been arrested or interrogated
before his abduction.
In the evening of 8 June 1992, around 7 p.m. some policemen in plain clothes
raided Jagir Singhs house and abducted him in the presence of all of his family
members. The policemen threatened to kill him and other members of the family if
they raised an alarm and ordered them to keep quiet. It was already dark and the
family members were unable to pursue the abductors. The next morning, they went
to Lopoke police station but failed to obtain any information on Jagir.
On 10 June 1992, some policemen came to the house again and took Jagirs
brother Gulzar Singh and two other residents of the village to the Lopoke police
station where they were shown Jagir Singhs body. The police allowed the family
members to come along to Amritsar, where the body was sent for a post-mortem, and
then attend the police cremation at the Durgiana Mandir cremation ground.
On 12 June 1992, the Punjabi daily Ajit published a report, based on the police
briefing, claiming that the police had killed a militant, Jagir Singh alias Deen, in an
encounter with the police near village Bhullar.
72. Under serial no. 421/64, the CBI list partially iden-
tifies the 14 June 1992 cremation of Suraj Kumar
Singh carried out by Jandiala police. There is no FIR
or post-mortem report number. The cause of death is
tion about this case from its incident report form no.
CCDP/01109. The main informant in the case is victims
wife Paramjit Kaur.
Thirty-three year old Surjit Singh alias Bhola, son of
Harnam Singh and Kesar Kaur, was a farmer from vil-
lage Bhorshi Rajputan, Jasso Nangal, under Khilchian
police station, in Baba Bakala sub-division of Amritsar district. Married to Paramjit
Kaur, Surjit was the father of a daughter and two sons. According to Paramjit Kaur,
her husband was not involved in politics and had never been arrested or interro-
gated before his execution.
On 7 May 1992, a large police force led by DSP Balkar Singh and SHO Udham
Singh of Jandiala police carried out a house to house search of village Bhorshi
Rajputan and arrested Surjit Singh and two others for interrogation. The other two of
the village were Jatinder Singh, s/o Rachhpal Singh, and Paramjit Singh, s/o Joginder
Singh. The next morning, several residents of the village and members of the village
council met the SHO. He said that the interrogation was in progress and refused to
Surjit Singh
make any commitment about their prospective release. Several members of the
village council who were part of this delegation saw Surjit in a room inside the police
station. Surjit signaled them to come near him, but the members were scared of the
SHO and did not attempt to talk to him.
On 8 May 1992, newspapers reported that a militant of Bhorshi Rajputan named
Surjit Singh had been arrested. Some weeks after the alleged arrest, another newspa-
per report quoted the police sources as claiming that Surjit Singh, the arrested mili-
tant from Bhorshi Rajputan, had escaped from police custody.
In 1995, Surjit Singhs family members filed a petition before the High Court of
Punjab and Haryana through advocate Rajwinder Singh Bains, demanding an impar-
tial inquiry into the circumstances of Surjit Singhs disappearance. However, Surjits
wife Paramjit Kaur is not aware of any action in the matter though it is supposed to
be pending. According to her, some CBI officers who had been instructed by the
Supreme Court to examine the complaint about the secret cremations in Punjab also
visited her house and recorded her statements. Some days later, SHO Udham Singh
and DSP Balkar Singh sent their emissaries to Paramjit Kaur, offering to make a
payment if she agreed to withdraw her complaint. Paramjit Kaur, who insists on
justice, turned them away.
73. Under serial no. 497/75, the CBI list partially identifies the 22 September 1992
cremation of Kewal Singh, s/o Rama Issain, carried out by the SHO of Lopoke
police under FIR no. 106/92. There is no post-mortem report number. The cause of
death is given as bullet injuries.
father Rama Masih.
Kewal Masih alias Kewal Singh, son of Rama Masih and Taro, from Bhindi Aulakh
village, under Lopoke police station, in Ajnala sub-division of Amritsar district, was
a 20-year old Christian boy who earned his livelihood as a milk vendor. He was
married to Paramjit and was the father of two sons.
Around 16 September 1992, Kewal Masih was arrested by the police at Nawin
Abadi area of Amritsar where he had gone to sell milk and was killed in a so-called
encounter the same night along with four other unidentified young Sikhs. The cre-
mation was carried out without the familys knowledge. The cremation of Baldev
Singh, s/o Karam Singh, r/o Bundala, one of the persons alleged to have been killed
with Kewal Masih in a news article, was on the CBIs first list Under serial no. 496/
133. Baldev Singh was cremated on 22 September 1992 by the SHO of Lopoke police
station, under the same FIR no. 106/92. There is no post-mortem report number, and
the cause of death is given as bullet injuries.
74. Under serial no. 542/83, the CBI list partially identifies the 25 November 1992
cremation of Gurdev Singh, r/o Sansara Kalan, carried out by Narinder Singh of
Jhander police. There is no FIR no. or post-mortem report number. The cause of
Sawinder Kaur.
Gurdev Singh, son of Kartar Singh and Sawinder Kaur, was a twenty-two year old
truck driver from village Sehnsra Khurd, post office Sehnsra Kalan, under Jhander
police station, in Ajnala sub-division of Amritsar district. He had no political asso-
ciations and had never been arrested before his execution. Gurdev was unmarried.
On 16 November 1992, Gurdev was carrying sand for a client in his village when his
truck hit a car that was parked near the bus stand in village Sehnsra Kalan. The
occupants of the car, some policemen who had come to attend a function in the village,
picked a quarrel with Gurdev and finally pushed him in their car and handed him over
to the Jhander police. After some hours, the Jhander police also took his truck away.
Gurdevs family members found out about the incident and immediately went
to Jhander police station to plead for his release. But they were not allowed to enter
the station.
On 24 November 1992, Gurdev Singh was killed as a militant in a fake encounter.
Two Punjabi newspapers, Ajit and Jagbani, published a report of the police version
of the encounter on 26 and 27 November 1992. After reading the newspaper reports,
the family members went to the Durgiana Mandir cremation ground to collect his
ashes, but were unable to locate his pyre.
According to Sawinder Kaur, her husband Kartar Singh was unable to bear the
shock of his sons murder. He suffered a heart attack and died a month later.
75. Under serial no. 582/92, the CBI list partially identifies the 4 March 1993
cremation of Sukhdev Singh, s/o Kishan Singh, r/o Hrian, carried out by
Kathunangal police under FIR no. 13/93. The post-mortem report number is GM/
1061/93. The cause of death is given as police encounter.
its incident report form no. CCDP/01213. The victims father Kishan Singh is the
main informant.
Twenty-three year old Sukhdev Singh alias Billa, son of Kishan Singh and
Sawinder Kaur, was a resident of village Saidpur, under Mattewal-Chogawan police
station, in Baba Bakala sub-division of Amritsar district. Sukhdev Singhs father
Kishan Singh belongs to a dalit Ramdasia Sikh family. The ancestral village of
Kishan Singh is Harian under Majitha Police station in Amritsar district, but for the
last 16 years, he has been living at Radha Soami Dera, Saidpur branch. He had a son,
Sukhdev Singh, and two daughters. Sukhdev Singh was the eldest.
After passing his Middle exam, Sukhdev Singh began work as a carpenter. He
eventually went to work for the Saidpur branch of Radha Soami Dera. For about one
and a half years, he stayed at his mothers parental house at village Bhoma. He had
to leave the Dera, however, after a heated argument with another person there. That
person then tried to instigate the police to arrest Sukhdev by lodging a false com-
plaint against him. The panchayat intervened and vouched for his character. Thus,
the police did not arrest him.
In 1991, his father delegated to him the responsibility of building a house for the
family at Majitha Town. His father Kishan Singh had noticed that Sukhdev Singh
was moving in the company of some youth who were involved in militant activities
in the area. After some effort, Kishan Singh was successful in moving Sukhdev Singh
away from such people. Kishan Singh sent Sukhdev Singh to the house of a relative in
Jammu. With the co-operation of his relatives, Sukhdev Singh set up his woodwork
there. Gradually, he shifted from his relatives home to a rented house.
On 26 February 1993, SHO Dilbagh Singh of Kathu Nangal police station raided
the workshop-cum-residence of Kishan Singh at Radha Soami Dera in village Saidpur
and arrested him. The police took him to Kathu Nangal Police Station. At midnight,
the police directed him to accompany them to Jammu where his son was. The police
reached Jammu at 5 a.m. along with Kishan Singh who guided them to the house
where Sukhdev Singh used to reside earlier. The house owner told them that Sukhdev
had vacated his room a long time ago and that at present he lived near K.C. cinema.
The police party reached that house and knocked at the door. Sukhdev Singh was
asleep when they arrived. As he opened the door, the police tied his arms behind his
back. His luggage was dumped in the vehicle. The policemen confiscated whatever
items were left, such as clothes, watch, clock and stereo. The police party returned to
Kathu Nangal police station along with the father and son.
Several villagers had already reached Kathu Nangal police station before the
police arrived with Kishan Singh and his son. The police parked the vehicle inside
the police station and closed the gate. Both the father and son were locked up in
different rooms. At about 3 p.m. SHO Dilbagh Singh brutally tortured Sukhdev Singh.
The SHO asked him to disclose what incidents he had carried out. Sukhdev Singh
maintained that he had kept company with some militants, but he himself never did
anything unlawful. However, the police did not believe him and continued thrashing
him for about 45 minutes. Kishan Singh, who was made to sit in a room opposite
Sukhdevs, witnessed all of this. As Sukhdev Singh lost consciousness, the police
stopped torturing him. They called a doctor and got medicine for him.
That evening, on 27th February, the police released Kishan Singh at about 6.30
p.m. at the intervention of the villagers. However, before that, the police had whisked
away Sukhdev Singh to an undisclosed destination. While releasing Kishan Singh,
the SHO said, You go. We will release him (Sukhdev Singh) tomorrow.
The following day, when Kishan Singh met the SHO, he judged from the attitude
of the SHO that he wanted some money. But some junior policemen told him not to
give the SHO any money as Sukhdev Singh had been sent to Mall Mandi Interroga-
tion Centre Amritsar and that it was not within the SHOs power to release him now.
The family members continued to try to secure Sukhdev Singhs release but they
could not succeed. Kishan Singh continued to make efforts to bribe the SHO through
some middleman.
On 5 March 1993, the newspapers published an item stating that a militant Sukhdev
Singh alias Billa was killed when militants ambushed the police party escorting him.
The police fired in retaliation and, in this crossfire, Sukhdev Singh was killed. Ac-
cording to the police, the incident had taken place near village Taparian. The police
carried out the cremation of Sukhdev Singh.
76 79. Under serial nos. 590/93, 591/94, 592/95, and 593/96, the CBI List par-
tially identifies four 29 March 1993 cremations carried out by Kathunangal police
station. They are of [1] Manga Singh, s/o Teja Singh, [2] Harsavans Singh, s/o
Narain Singh, [3] Jagtar Singh, s/o Dharam Singh, and [4] Balwinder Singh, s/o
Rattan Singh. There are no FIR nos. or post-mortem report numbers. The cause of
its incident report form no. CCDP/01227, 00330 and 01228. The main informants are
Milkha Singh, brother of Harbans Singh; Darshan Kaur, wife of Jagtar Singh; and
Ratan Singh, father of Balwinder Singh.
Twenty-nine year old Harbans Singh, son of Narayan Singh and Balwant Kaur,
was a Mazhabi Sikh resident of village Ghaseetpura Kalan, post office Hardo Jhande,
under Batala Sadar police station, in Batala sub-division of Gurdaspur district. His
parents have both passed away. He was married to Baljit Kaur and had three children
two sons and one daughter. Harbans did not have any political or militant con-
nections. Some militants had killed his brother Sukhdev Singh. Harbans Singh
worked as a truck driver and the police suspected Harbans of transporting stolen
goods in his truck.
On 21 March 1993 at 10 a.m. a police party from Kathu Nangal police station, led
by SHO Dilbagh Singh, came to Harbans Singhs house and asked for him. His
family told the police that he had gone to attend the bhog, or last rites, at somebodys
house in the village. The police took Harbans wife along and went to the house
where Harbans had gone to attend the function. At this house, the police arrested
Harbans and drove away with him.
The next day, his family members, including his uncle and brothers Milkha and
Preetam Singh, met the SHO at Kathu Nangal police station. The SHO promised to
release Harbans after interrogation. His family continued to meet Harbans daily and
bring him tea and meals. Harbans employer, the owner of Ball Service Station, also
met Harbans in police custody two or three times.
Twenty-six year old Jagtar Singh alias Jaggu, son of Dharam Singh and Kashmir
Kaur, was a resident of village Khiala Khurd, post office Khiala Kalan, under Lopoke
police station, in Ajnala sub-division of Amritsar district. He was married to Darshan
Kaur and had two daughters. Jagtar Singh worked as a manual laborer and did not
participate in any political or militant activities.
On 25 March 1993 at 6 a.m. a police party raided Jagtar Singhs house. They first
woke up Jagtars brother Hardev Singh, asked his name, and then knocked on Jagtar
Singhs door. When Darshan Kaur opened it, the police barged into the room and
confirmed his name. They asked Darshan Kaur for a shawl which they used to tie
Jagtars hands behind his back. Jagtars brother Ajaib Singh, grandfather Harnam
Singh, and sister Lakhwinder Kaur were also present during this raid. Jagtars father
Dharam Singh asked the police why they were arresting Jagtar Singh but the police
did not reply nor disclose any information about what police station they were from
or where they were taking Jagtar.
That day, Jagtars father Dharam Singh, along with the Sarpanch and respected
persons from the village, went to Police station Verka and met with ASI Dilbagh
Singh. The ASI told them he did not know which police party had arrested
Jagtar Singh.
Balwinder Singh, son of Ratan Singh and Ratan Kaur, was a Mazhabi Sikh resident
of village Kotli Dhole Shah Wali, under Kathu Nangal police station, in sub-division
and district Amritsar. He was clean-shaven and was the second amongst three
brothers. Balwinder Singh was married; he was illiterate and worked as a labourer. He
did not have a political or militant background and had never been arrested by the
police.
On 20 March 1993 at about 11 p.m. a police party from Kathu Nangal police
station, led by SHO Dilbagh Singh and head constable Kuldeep Singh, knocked at
Balwinder Singhs door. When Balwinder Singhs mother opened the door, head
constable Kuldeep Singh asked for Balwinder. She replied that he was sleeping
inside. She knocked at the door of his room and awoke Balwinder Singh. The police
party tied his arms behind his back. When his mother asked why her son was being
arrested and where he was being taken, SHO Dilbagh Singh said, He is in posses-
sion of a pistol. The SHO abused Balwinder. He demanded paper from Ratan Kaur
and wrote down the names of Balwinder Singh and his father and then started
walking to their vehicle with Balwinder Singh. His parents immediately went to see a
member of their Panchayat and informed him about this incident. They all rushed in
the direction where the police were walking, but by that time the police had started to
drive away. They tried to stop the vehicle by signaling with their hands, but the
police did not stop.
That same night, the same police party arrested Surjit Singh s/o Dalip Singh,
Preetam Singh s/o Udham Singh and Mukhtiar Singh, all of the same village.
The following morning, the family members of the arrested men from village Kotli
Dhole Shah Wali, namely Balwinder, Surjit, Preetam and Mukhtiar, and eminent per-
sons from the village went to Kathu Nangal police station. When Ratan Kaur arrived
at the police station, the police were beating the arrested men inside. The Sarpanch
was sitting outside the police station. Ratan Kaur began shouting on hearing the
shrieks of her son as the police beat him inside. The Sentry at the gate pacified her.
Ratan Kaur blamed the village Sarpanch for getting them arrested and beat.
The next day, Ratan Kaur handed a sweater to the Sentry for Balwinder Singh.
Ratan Kaur used to go to the police station every morning and stay there in front of
the gate till evening. Balwinder Singh would send replies to her messages. Ratan
Kaur would also send milk and four cups inside, three to four times a day. His father
continued to try to secure Balwinders release. The police made false promises of
releasing Balwinder Singh and the other men everyday. The villagers met the SHO
several times but in vain.
Several days after their arrest, as Balwinders mother Ratan Kaur and Preetam
Singhs wife Kashmir Kaur stood outside the police station, Surjit Singh and Balwinder
Singh were told to stand near a police vehicle outside the station. Balwinder Singh
advanced towards his mother and embraced her. He told her not to worry. The Police
took away Balwinder Singh and Surjit Singh in their vehicle.
The newspapers of 29 March reported that Balwinder Singh, Mangal Singh,
Harbans Singh Ghaseetpura and another person had been killed in an encounter
with the Kathu Nangal police, near village Sihania Wali.
A villager informed Darshan Kaur, Jagtar Singhs wife, of the publication of this
news report that day. Upon hearing this news, Darshan Kaur and her sister-in-law
Balwinder Kaur went to Mall Mandi Interrogation Centre. Failing to gather any
information there, they proceeded to Durgiana Mandir cremation ground.
Employees at the cremation ground told Darshan Kaur and Balwinder Kaur
that the day before police from Kathu Nangal police station had brought the bodies
of four youth for cremation. All but the youth from Jaintipur were cremated on a
single pyre. If this allegation is true, then why did the CBI list all of the cremations
separately?
The police did not give the bodies to the family or inform them about their cremations.
The next day, Dharam Singh returned to the cremation ground to collect his sons
ashes, although he cannot verify that the ashes he collected belong to his son.
Because Jagtars wife and kids, younger brothers, and parents no longer have a
source of income, Darshan Kaur now works stitching clothes and Dharam Singh has
resumed manual labor to support the family. Jagtars grandparents and child passed
away after his murder.
Balwinder Singhs wife has since remarried.
The CBIs list of unidentified cremations shows three 31 March 1993 cremations
by Mehta police Under serial nos. 596/331, 597/332 and 598/333. There are no FIR
numbers or post-mortem report numbers. The cause of death is listed as police
encounter. These cremations probably represent the cremations of Surjit Singh s/
o Dalip Singh, Preetam Singh s/o Udham Singh and Mukhtiar Singh, all of village
Kotli Dhole Shah.
THE LIST OF UNIDENTIFIED BODIES
1. Under serial no. 31/31, the list shows one 06 September 1987 cremation
carried out by the Lopoke police station. The FIR no. is not mentioned. The post-
mortem report is marked as AKL/FM/112/87. The cause of death is given as
police encounter.
The committees incident report form no. CCDP/00071
reveals the following information about the cremation.
Twenty-year old Savinder Singh, son of Joginder
Singh and Balvir Kaur, lived in Bagge Khurd village,
post office Bagge Kalan, in Ajnala sub-division of
Amritsar district. He was an Amritdhari Sikh and an
activist of the Sikh Students Federation. According to
Joginder Singh, the main informant in this case, he had
never been arrested or charged with any crime before
his disappearance.
Around 2 September 1987, the police arrested
Savinder Singh as he was leaving the Golden Temple
complex at Amritsar that housed the main office of the Sikh Students Federation. The
arrest was witnessed by many of his companions who then informed his parents
about it.
Joginder Singh immediately sent a telegram to the DGP of Punjab. Two days later,
while waiting to meet Dalbir Singh Ravike, a former Member of the Legislative As-
sembly [MLA], Joginder Singh read a report in the Punjabi daily newspaper Ajit,
which said that the police had killed Savinder Singh in an encounter near village
Savinder Singh
Mado Ke Brar. Joginder Singh requested Dalbir Singh Ravike to persuade the police
officials to hand over the body to the family for its cremation. The former legislator
refused to court embarrassment by making a request that he knew the police would
never fulfil.
In January 1988, a DSP from Rambagh police station in Amritsar called on Joginder
Singh at his house to make inquiries about the killing of his son. The DSP took a
copy of the newspaper report about Savinders death and asked Joginder Singh to
come to Rambagh police station to lodge his complaint. Joginder Singh, accompa-
nied by a member of the village council, went to the DSP who recorded his statement
and asked him to sign it. Joginder Singh and his companion could not read or write.
But he was forced to sign without knowing what the written statement said.
For the next three years, the police continued to harass Joginder Singh, confis-
cating valuable household goods and not permitting him to cultivate his land. He
was also detained illegally several times and forced to bribe the officials for his
release. According to Joginder Singh, he has suffered a loss of over Rs. 250,000 from
these exactions. His wife Balvir Kaur has become chronically depressed.
2. Under serial no. 329/235, the list shows one 11 November 1991 cremation car-
ried out by ASI Baldev Singh of Mehta police station under the FIR no. 151/91. The
post-mortem report is marked as 11.11.1991. The cause of death is given to be
bullet injuries.
The committees incident report form no. CCDP/00081 reveals the following in-
formation about the cremation.
Sardara Singh, son of Boor Singh and Dalip Kaur, was a small farmer resident of
Kale Ke, post office Khilchian, in Baba Bakala sub-division of Amritsar district.
He and his wife Ranjit Kaur, the main informant in this case, had one daughter
and one son. According to Ranjit Kaur, her husband had no connection with the
militant movement.
In the morning of 11 October 1991, around 10:30 a.m. Sardara Singh was returning
home from purchasing some groceries from a shop in the village. Meanwhile, a large
group of Punjab police officers from Mehta police station, together with a unit of the
CRPF, had started a combing operation in the village. Sardara Singh was taken into
custody on suspicion and later shot dead in a fake encounter.
The police carried out the cremation without informing the family. Ranjit Kaur,
saddled with the responsibility of raising her young children, has since been work-
ing as a domestic servant in the houses of some well-to-do families in the village.
3 4: Under serial nos. 390/600 and 391/601, the list shows two 19 December
1991 cremations carried out by SHO Teg Bahadur Singh of Goindwal police station
under FIR no. 50/91. The post-mortem reports are marked as KK-19/91 and PS-
84/91. The cause of death is given as firearm injuries.
formation about one of these cremations.
Sukhwinder Singh alias Shindu, son of Gian Singh Nambardar, the village rev-
enue collector, and Jagir Kaur from Pachhware Wala Khuh locality of Mallian village,
in Tarn Taran sub-division of Amritsar district, was a
23-year old youth. He was unmarried and worked as a
laborer in Punjab State Electricity Board. His father Gian
Singh is the main informant in this case.
On 13 December 1991, Sukhwinder Singh accompa-
nied by Lakhwinder Singh, son of Bachan Singh, went
to Munda Pind village, on a tractor trolley, to do some
shopping. While returning, they were apprehended by
the police of Munda Pind Police post and handed over
to Goindwal Sahib police. SHO Tegh Bahadur of
Goindwal Sahib Police station and head constable
Rachhpal Singh personally supervised Sukhwinders
interrogation under torture during the course of his
illegal detention for five days. The family members regularly visited him in the police
station and served him food. Gian Singh met his son at Goindwal police station for
the last time on 16 December 1991.
Gian Singh, along with several other village elders had been talking to SHO Tegh
Bahadur Singh to get Sukhwinder released from his custody. The SHO demanded a
bribe of Rs. 200,000 for Sukhwinders release. Gian Singh, a small farmer, was unable
to raise such a large amount and beseeched the SHO to release his son for Rs. 50,000,
but the SHO turned down the offer.
Gian Singh was still struggling to raise the amount, demanded by the SHO for
his sons release when on 19 December 1991, several Punjabi newspapers reported
the killing of Sukhwinder Singh and another unidentified militant in a supposed
armed encounter with the police force. The cremation was carried out without the
familys knowledge.
5 7: Under serial nos. 512/291, 513/292 and 514/293, the list shows three 01
October 1992 cremations carried out by the SHO of Lopoke police station under
FIR no. 43/92. The post-mortem reports are marked as AST/FM/19/92, AST/FM/
20/92 and AST/FM/21/92. The cause of death is given to be police encounter.
Tweny-one year old Halvinder Singh, son of Inderjit Singh and Rashpal Kaur,
resident of Kakkar village under Lopoke police station in Amritsar district, was a
constable of the Punjab police posted in Batala sub-division of Gurdaspur district.
He was married to Gurmeet Kaur.
According to Rashpal Kaur, the main informant in this case, Halvinder had no
links with political or militant organizations. In early 1992, Halvinder received several
messages from members of the militant underground telling him to either resign from
the police service or to face the consequences. Halvinder got scared and absented
himself from duty for the next two to three months. In July/August 1992, the village
elders took Halvinder to the SSP Batala and explained to him the reasons for his
absence. The SSP said that he understood and asked Halvinder to rejoin his duty.
On 8 September 1992, Halvinder came home on a short leave. On 9 September
1992, around 11 a.m. a group of officers from Lopoke Police Station, led by ASI
Sukhwinder Singh
Surinder Singh, arrested Halvinder in the presence of his family members and took
him to Lopoke police station. Halvinders father Inderjit Singh followed them to the
police station where he was allowed to meet his son and also give him some food.
Halvinder handed over his Identity Card and his money purse to him. ASI Surinder
Singh then advised Inderjit Singh to come back to the police station the next morning
along with members of his village council to take his son back.
Inderjit Singh went back to Lopoke police station early in the morning of 10
September 1992 and met SHO Dharam Singh who said that his son had been arrested
on instructions from the SSP and that his interrogation was not yet complete. The
SHO allowed him to briefly meet his son in the lock-up. Halvinder was in a very bad
shape from torture inflicted on him in the course of his interrogation. Halvinder
explained that his superiors accused him of keeping weapons for the militants and
wanted him to confess his connections with them.
Inderjit Singh continued to visit the police station for the next five days but was
unable to meet his son. The SHO said that SSP Paramjit Singh Gill of Amritsar was
personally supervising his interrogation. Halvinder was never seen alive again. Sev-
eral weeks later, SHO Dharam Singh asked Inderjit Singh to stop bothering him for
information and to carry out the last religious rites for his son. Inderjit understood
that Halvinder had been killed. He requested his friend Kishan Bhagwan Singh, a
retired Major, to meet with SSP Paramjit Singh Gill. He confirmed that Halvinder Singh
had indeed been killed in an encounter along with two others.
8. Under serial no. 194/267, the list shows an 11 March 1992 cremation carried out
by the ASI of the Civil Lines police station. The list does not show the FIR number.
The post-mortem report is marked as ND/FM/249/92 and the cause of death is
Twenty-seven year old Manjit Singh alias Billa, son of Iqbal Singh and Sukhjinder
Kaur, was a young farmer resident of village Nangali under Sadar police station in
Amritsar district. Manjit had spent some years in Germany and had returned home to
help his father with his agricultural work. He was unmarried and his father, a former
police officer, is the main informant in this case.
Manjits father Iqbal Singh had joined the Punjab police as a constable in 1959
and, after serving the force for 31 years, had taken voluntary retirement in 1990. In
this period, he had been posted in several districts of Punjab including Hoshiarpur,
Gurdaspur and Amritsar. Iqbal Singh took early retirement from the police force
primarily for the reason that he could not tolerate the custodial atrocities his superi-
ors and fellow policemen committed on common Sikhs and their use of their powers
to extort money by taking innocent persons into illegal custody and forcing their
relatives either to pay or to risk their arbitrary execution. He was particularly appalled
by crimes routinely committed by his fellow policemen when he was posted at
Amritsars Joint Interrogation center in the period from 1981 to 1983. According to
Iqbal Singh, unscrupulous elements within the police force used the situation of
violent unrest in Punjab to not only make money but also to obtain speedy promo-
tions by killing innocent persons and labeling them as terrorists. Iqbal Singh had
worked directly under SHO Ajaib Singh of Amritsars Sadar police station who had
joined the police force as a constable but rose to become a DSP. According to Iqbal
Singh, the majority of lower officials committed atrocities on illegally detained per-
sons on instructions from their superiors. However, there were several officials who
tortured and killed their captives to make money and to impress their superiors about
their anti-insurgency zeal and then obtain promotions and perks. According to Iqbal
Singh, SHO Ajaib Singh of Amritsars Sadar police station was one such person.
For these reasons, Iqbal Singh took early retirement. His eldest son, whose name
we shall not reveal, had already joined the Punjab police and is still serving the force
in a sensitive position. His younger son Manjit Singh went to Germany for some
years, but then came to help his father with the agricultural work as his health had
begun to deteriorate.
Early in the morning of 24 February 1992, a large police force from Amritsars
Sadar police station, supported by some personnel of the CRPF, raided Iqbal Singhs
house and took Manjit away to Sadar police station for an interrogation. The arrest,
led by ASI Santokh Singh and head constable Gurbachan Singh, was witnessed by
many villagers.
The same afternoon, Iqbal Singh, along with his sympathizers, met SHO Ajaib
Singh who spoke to him in a very friendly way and assured him not to worry about
his son. He also allowed him to meet Manjit in the police lockup and give him food.
Five days later, SHO Ajaib Singh told Iqbal Singh that he had to pay Rs. 500,000 to
get his son released from police custody. Taken aback by the demand, Iqbal Singh
reminded the SHO of the time they had spent together working for the police force.
He also told the SHO that his son was innocent and he was not in a position to raise
half a million rupees. The SHO said that his superiors would not release anyone
without collecting money and it did not matter whether or not his son was innocent.
Iqbal Singh promised to collect as much money as possible within the shortest
possible period of time to get his son released.
Iqbal Singh also sent telegrams to several senior police officials and other gov-
ernment functionaries informing them about the illegal arrest of his son. He met the
SSP of Amritsar and the DIG (range) to demand that his son be either released from
illegal custody or produced before a court. He, however, did not inform them about
SHO Ajaib Singhs demand for half a million rupees from fear that the SHO might
harm his son. His meetings with the senior officials had no impact on rescuing his
son from illegal police custody.
Iqbal Singh was able to raise approximately Rs. 200,000 within twenty days after
his sons arrest and offered the amount to SHO Ajaib Singh who rudely told him that
he was too late and that he should forget about his younger son. SHO Ajaib Singh
warned him not to talk about the episode to anyone if he cared for the safety of other
members of his family.
Iqbal Singh was unable to even find out how his son had been killed and his
body disposed. Iqbal Singh was unable to initiate any legal action from the fear that
Ajaib Singh and his superiors involved in abducting and disappearing his younger
son might also eliminate his elder son who was working for the Punjab police.
9 11: Under serial nos. 257/196, 258/197 and 259/198, the list shows three 9
June 1991 cremations carried out by the SHO of Beas police station under FIR no.
119/91. The post-mortem reports are marked as 09.6.1991, SS/FM/243/91 and
SS/FM/244/91 9.6.1991. The cause of death is given to be bullet injuries.
formation about these cremations.
Twenty-five year old Lakhwinder Singh alias Lakha, son of Bua Singh and Bachan
Kaur, was a Punjab police constable resident of village Gehri Mandi, under police
station Jandiala Guru, in Amritsar district. A college graduate who joined the police
force in 1987, Lakhwinder was unmarried. His uncle Bachan Singh is the main infor-
mant in this case.
On 9 June 1991, several newspapers, including Ajit, Jagbani and Punjab Kesari
published a report about Lakhwinders killing in a police encounter near village
Daule Nangal under Beas police station. According to the newspaper report, pub-
lished on the basis of a statement issued by SSP Paramjit Singh Gill, police constable
Lakhwinder Singh was killed along with two other militants belonging to the Khalistan
Commando Force. The SSP in his statement identified the two other two militants as
[1] Sukhdev Singh, son of Gurbachan Singh, resident of Dhadian village, under Beas
police station, and [2] Dilbagh Singh, son of Darshan Singh, resident of Sangha
village in Tarn Taran sub-division of Amritsar district. The press reports referred to
claims made by the SSP that Lakhwinder was responsible for 40 cases of murder and
Dilbagh Singh, described as the Area Commander of the Khalistan Commando Force,
for 50 cases of murder.
According to Lakhwinders uncle Bachan Singh, the police handed over the
bodies to their relatives who carried out the cremations.
It is indeed extraordinary that the CBI has placed these cremations, clearly iden-
tified in the newspaper reports and the SSPs statement published on 9 June 1991, in
its list of unidentified cremations. It is also not clear how these cremations figure in
the CBIs list of illegal cremations carried out by the Punjab police if the bodies had
indeed been returned to the family members.
12 17. Under serial nos. 117/212, 118/213, 119/214, 120/215, 121/216 and 122/
217, the list identifies six cremations carried out by the SHO of Jhabbal police
station on 3 August 1990 under the FIR number 91/90. The post-mortem reports
are marked as SS-37/90, SS-38/90, SS-39/90, PK-1/90, PK-2/90 and PK-3/90.
The cause of death in all cases is given to be firearm injury.
Twenty-five year old Harjit Singh, son of Jagir Singh and Sawinder Kaur, was a
young farmer resident of Lalu Ghuman village, under Jhabbal police station, in Tarn
Taran sub-division of Amritsar district. His father Jagir Singh, the head of a religious
institution named after an old Sikh saint Baba Khushi Das at village Thatta, is the
main informant in this case.
According to Jagir Singh, his son Harjit had been illegally arrested once in June
1990. The police brutally tortured him under illegal custody for ten days, but they
released him without any charges.
On 01 August 1990, a large police force from Jhabbal and Tarn Taran police
stations surrounded two neighboring villages Lalu Ghuman and Mannan on the
basis of information that some militants were hiding between them. The siege of Lalu
Ghuman lasted thirty-six hours. The same afternoon the police force killed four mili-
tants after storming a house where they were hiding.
Earlier that morning, Harjit had gone to visit his aunt at village Mannan, and was
arrested there by SHO Gurdev Singh of Jhabbal police station. A large number of
people witnessed his arrest. The police took Harjit to Jhabbal police station for
interrogation under torture. Some hours later, the SHO got Harjit tied to a police jeep
and had him dragged around on the road outside the police station to make an
example of what the police would do to persons who sheltered or supported under-
ground militants. The ghastly spectacle was witnessed by a large number of people
in Jhabbal. Presumably, Harjits torture yielded information enabling the police to
arrest Kashmir Singh, son of Dara Singh of Lalu Ghumman village who was forced to
identify the militant hideout leading to its storming and the killing of the four mili-
tants sheltered there. Kashmir Singh was also killed along with them.
Some hours later, Harjit Singh was brought to the site of the encounter and also
shot dead.
On the 3
rd
and 4
th
August 1990, several newspapers, including daily Ajit and
Jagbani, published a report about the encounter claiming that six militants had been
killed. The report was based on a statement issued by the police officials.
The brutal torture and arbitrary killings of Harjit Singh and Kashmir Singh in the
fake encounter caused a spontaneous upsurge of anger in the people of Lalu
Ghumman and the neighboring villages. Thousands of people staged a demonstra-
tion before Jhabbal police station to demand the return of their bodies. The police
dispersed the crowd with force and carried out the cremations without informing the
families. The newspaper reports chose to ignore the event. Harjit Singh and Kashmir
Singh were also cremated as unidentified militants killed in the encounter.
18. Under serial no. 552/893, the list shows a 27 October 1992 cremation carried
out by SHO Siddhu of Jhabbal police station. The list does not mention the FIR no.
The post-mortem report is marked as KK-68/92 and the cause of death is given to be
firearm injuries.
Thirty-five year old Balwinder Singh alias Bindu, son of Amar Singh and
Gurbachan Kaur, was a farmer resident of village Jhabbal Kalan, Patti Sabai Ki, under
Jhabbal police station, in Tarn Taran sub-division of Amritsar district. Married to
Rajwant Kaur, the main informant in this case, he was the father of three minor
children, two sons and a daughter. Balwinders elder brother Zail Singh was an
officer of the Indian army . Balwinder had no association with the militant movement
and had never been arrested or interrogated.
On 4 October 1992, around 1:30 p.m. a large police force led by DSP Ashok Kumar
and SHO Amarjit Singh of Jhabbal police station raided Balwinders house when he
was working in his fields. The police officials arrested his mother and his wife and took
them to the police station where the police tortured them to force them to confess that
a militant named Bagga had taken shelter in their house. The two women did not know
anything about it. But their interrogation under torture continued.
Later in the evening Balwinder was arrested from the house of his friend, known
as Chala, son of Dara Singh of the same village, when he was consulting the village
elders about how to get his mother and wife released from the illegal police custody.
Chala and all his family members were also arrested and taken to the police station.
All of them were released the following day. Balwinders mother Gurbachan Kaur
was released four days later. His wife Rajwant Kaur was let off a week later. But the
police did not release Balwinder.
Balwinders brother Zail Singh, an officer of the Indian army , found out about his
illegal arrest and immediately returned to his village to try to get him released. He met
DSP Ashok Kumar and SHO Amarjit Singh who allowed him to meet his younger
brother in the police lock-up. Balwinders physical condition from his torture was
very critical. The DSP Ashok Kumar told Zail Singh that he would release Balwinder
as soon as his condition improved if he did not initiate any legal action. Zail Singh
hoped for the best and waited for his brothers condition to improve, meeting him
every day in the police lockup between October 14
th
and 20
th
. On the 21
st
, SHO
Amarjit told him that Balwinder had been transferred to Ferozepur police for further
investigations. Zail Singh immediately went to Ferozepur and found out that Balwinder
had not been brought there.
Zail Singh and the family panicked and tried to identify persons who could
influence DSP Ashok Kumar to disclose the truth about his brother. They managed
to persuade Baba Sodhi from Kartarpur town in Jalandhar, a scion of the fifth
Sikh guru, Guru Arjuns clan, to meet with the DSP to find out what happened
to Balwinder. The DSP told him that he should have intervened earlier and that
Balwinder had already been killed. The meeting took place towards the end of
October 1992.
Zail Singh then addressed petitions to the highest functionaries of the Indian
State, including the President, the Prime Minister and Home Minister of India, the
Chief Justice of the Supreme Court, the Chief Minister of Punjab and the Director
General of Punjab police. The petitions narrated the sequence of events beginning
from his brothers abduction to his disappearance and demanded an independent
inquiry to determine what the police had done to him. The petitions remained unac-
knowledged.
Balwinders widow Rajwant Kaur later filed a petition before the High Court of
Punjab and Haryana, praying for the direction to the State authorities to either pro-
duce her husband before the court or to disclose what actually happened to him. The
court admitted the petition, marked Criminal Writ Petition No. 1380/1995, and issued
notice to the police officials asking them to file their affidavits in the matter. The court
dismissed the petition, after the police officials denied having ever arrested Balwinder
Singh, with the observation that she was free to approach a lower court with a
criminal complaint. The Supreme Court also refused to admit her appeal.
According to Rajwant Kaur, some officers of the CBI visited her to make inquiries
and also collected her husbands photographs after the Supreme Court instituted an
inquiry into the allegations of police abductions leading to secret cremations. She
believed that the CBIs investigation would establish the truth. According to her, a
CBI officer Karam Singh Rana visited her the last time on 06 July 1997.
It is indeed ironic that Balwinders cremation figures in the CBIs unidentified list.
19 22: Under serial nos. 173/240, 174/241, 175/242 and 176/243, the list shows
four 19 November 1991 cremations carried out by the ASI of Amritsars Sadar
police station under FIR no. 635/91. The post-mortem reports are marked as ND/
FM/85/91, ND/FM/86/91, AKC/FM/483/91 and AKC/FM/582/91. The cause of
death in given as police encounter.
Twenty-year old Harnam Singh alias Nama, son of Gura Singh and Harbhajan
Kaur, was a resident of village Sanghna, Patti Hindu Ki, under Sadar police station, in
Amritsar district. A baptized Sikh and a member of the Sikh Students Federation,
Harnam was unmarried. His father Gura Singh, the main informant in this case, used
to be an active member of the Akali Dal and had participated in the agitation launched
by the party in 1982 to demand greater political autonomy for Punjab.
Harnam had been arrested illegally three or four times for interrogation about his
suspected militant links. But the police released him every time without pressing any
charges. Clearly, they had no evidence to link him with any terrorist offence.
According to his father Gura Singh, a group of police officers he could not identify
arrested his son Harnam on 02 November 1991 and went away with him to an unknown
destination. His efforts to trace him to a police station in Armitsar city failed.
On 19 November 1991, a Punjabi daily newspaper Ajit carried a prominent report
about Harnams killing in an encounter. The report, under the caption Bhai Harnam
Singh Sangha and 19 other militants killed, said Harnam Singh and three of his
companions belonging to Bhindranwale Tiger Force had been killed in an encounter
near village Fatehpur in Amritsar district. The DIG spoke to the media claiming that
the police had recovered letter pads of different militant organizations from the bod-
ies of the slain militants and that the militants had engaged in kidnapping business-
men from the city for extortion.
The police cremated the bodies without informing the families. The CBI placed all
the cremations, including that of Harnam Singh, prominently identified by the news-
paper reports, in its list of unidentified cremations.
23 24: Under serial no. 208/300 and 209/301, the list mentions two 3 June 1992
cremations carried out by Chhearta police station. The list does not show the FIR
no. The post-mortem reports are marked as ND-450/92 and ND-451/92. The cause
Forty-year old Surjit Singh alias Laat, son of Mohinder Singh, was a farmer from
village Sanghna, Patti Hindu Ki, under Sadar police station in Amritsar district. Married
to Kashmir Kaur, with five minor children, Surjit had been a member of the Akali Dal.
According to Kashmir Kaur, the main informant in this case, her husband had no
association with any militant groups.
Around 5 a.m. on 2 June 1992, a large police force, led by SHO Mahinder Singh
Karikki of Chheharta police station, arrested Surjit from his house. The arrest was
witnessed by the headman of the village council who the police officials had woken up
to help them identify Surjits residence and also to lead them to the houses of Lakha
Singh, son of Bhan Singh, and Surinder Singh Shinda, son of Bahal Singh, residents of
the same village. The police also arrested both Lakha Singh and Surinder Singh.
The police released Lakha Singh the next day. His physical condition from torture
was very bad and he did not speak to anyone for several weeks. The police released
Surinder Singh from illegal custody after a few days. He informed Kashmir Kaur that
her husband had been killed in a fake encounter, along with another illegally de-
tained person, one day after his arrest.
Kashmir Kaur went to meet SSP Dhillon and implored him to tell her the
truth about her husbands disappearance. The SSP scolded her for failing to stop
her husband from sheltering militants and, when she started crying, promised to get
her children admitted in a school. Indirectly, he admitted that she had been wronged
and promised to help her raise her children. The SSP was soon after transferred out
of the district.
25. Under serial no. 114/143, the list shows a 28 December 1990 cremation carried
out by Amritsars Sadar police station. The list does not mention an FIR and states
that the post-mortem report is not available. The cause of death is given as
gun shot.
formation about this cremation.
Twenty-year old Avtar Singh alias Tar, son of Sewa Singh and Joginder Kaur, was
a resident of Sanghna village, Hindu Ki Patti, under Sadar police station in Amritsar
district. Avtar was unmarried. His father Sewa Singh, the main informant in this case,
was an active member of the Akali Dal and had participated in the agitation for
Punjabs autonomy launched by the party in 1982. The police treated his family
suspiciously and especially harassed his young son Avtar.
To avoid harassment at the hands of the police, Avtar went away to the foothills
of western Uttar Pradesh where a relative had a large agricultural farm. He came to his
village regularly to visit his parents. According to Sewa Singh, the Punjab police
found out about his residence in Pilibhit Khiri district of Uttar Pradesh and abducted
him from there in the middle of December 1990.
Several newspapers in Punjab published a report about Avtar Singhs killing in
an alleged police encounter prominently in the last week of December 1990. Sewa
Singh, a mentally disturbed person, does not remember the exact date.
26 27. Under serial no. 537/304 and 538/305, the list shows two 17 November
1992 cremations carried out by SHO Satwant Singh of Khilchian police station
under FIR no. 178/92. The post-mortem reports are marked as GM/953/92 and
GM/952/92 and the cause of death is mentioned as police encounter.
The committees incident report form no. CCDP/00233 reveals the following
information about these cremations.
Twenty-one year old Gurdev Singh alias Laadi, son of Gurmeet Singh and Narinder
Kaur, was a resident of village Kale Ke, under police station Khalchian in Amritsar
district. After completing his matriculation, Gurdev opened a bicycle repair shop in
his village. His father Gurmeet Singh was an employee
of Markfed, a federation of Marketing Cooperative So-
ciety to help farmers secure better agricultural prices
for their produce. According to Narinder Kaur, the main
informant in this case, Gurdev had no connection with
the militant underground but the police had been ar-
resting him illegally for interrogation. He was unmar-
ried.
On 30 November 1991, Gurdev was abducted from
his house by the Jandiala Guru police force and, after
two weeks of torture under illegal custody, implicated
in a case under the TADA. But the court released him
on bail three months after his arrest because of insuffi-
cient evidence to justify the charges. Following his release, Gurdev closed down his
bicycle repair shop and started working for the Punjab State Electricity Board at
Butari.
Around 4 p.m. on 11 November 1992, Gurdev was returning to his village home
after completing his days work at Butari when on the way, at Raiyya bus stand he
was abducted by a group of officers led by SHO Paramjit Singh of Beas police
station. Several persons from Gurdevs village who were also traveling in the same
bus witnessed his abduction.
The next day morning, Gurdevs father Gurmeet Singh, accompanied by several
members of the village council, went to Beas police station where the SHO admitted
the custody of his son and promised to release him after completing his investiga-
tions in some days. Gurmeet Singh, his family members and village elders continued
to visit Beas police station for the next five days but could not talk to the SHO again.
On 18 November 1992, several Punjabi newspapers published a report about an
encounter near village Bania in which the police had killed four alleged militants. The
press reports identified all four by their names and the villages of their residence.
Three of them were from village Kale Ke. They were [1] Gurdev Singh, son of Gurmeet
Singh, [2] Jaswant Singh, son of Dalip Singh, [3] Sahib Singh, son of Piara Singh and
[4] Manjit Singh, son of Santokh Singh from village Sudhar Rajputan.
The police carried out the cremations without the familys knowledge. SHO
Paramjit Singh told Gurdevs father not to talk about his sons abduction and not to
publicize the religious ceremony if he held it to commemorate his death.
The CBIs list of identified cremations, Under serial nos. 539/150 and 540/151,
names the cremations of Sahib Singh and Jaswant Singh. The circumstances of their
abduction and killing have been discussed in the chapter dealing with the cases
mentioned in the CBIs first list.
According to Narinder Kaur, Gurdevs mother, CBs officials called on her several
times to record her statements about her sons abduction and arbitrary execution.
Her husband Gurmeet Singh also visited the CBI officers at their temporary office in
Amritsar after the Supreme Court in November 1995 ordered an inquiry into the
matter of secret cremations. Narinder Kaur remembers that one CBI Inspector P. C.
Sharma had visited her to make the inquires.
Indeed, it is extraordinary that after all this effort, the CBI should place the crema-
tions of Gurdev Singh and Manjit Singh in its list of unidentified cremations.
Gurdev Singh
28. Under serial no. 187/254, the list shows a 20 December 1991 cremation car-
ried out by Amritsars Sadar police station. The list does not mention the FIR
number. The post-mortem report is said to be not available. The cause of death is
given to be bullet injuries.
Palwinder Singh alias Sona, son of Ajit Singh and Satnam Kaur, was an Amritdhari
Sikh boy resident of village Khalehra, post office Gehri Mandi, under Jandiala Guru
police station in Amritsar district. After completing his matriculation, Palwinder had
begun to help his father, the main informant in this case, with the agricultural work.
He was unmarried.
Palwinder had been illegally arrested three times and brutally tortured under
interrogation. To avoid torture under illegal custody, he had begun to live away from
his house.
On 20 December 1991, Palwinder was taken into custody at a police checkpost
that had been set up across the Amritsars railway station. Palwinder was riding the
pillion of a motorcycle No. PB02-C-4455 that belonged to Kulwinder Singh, son of
Ajaib Singh, the Secretary of village councils in Punjab, who lived in Amritsar. It is
not clear whether the two of them became acquainted or if Pawinder had merely taken
a lift. The motorcycle was stopped for a routine check at the police barrier and both
of them were taken into custody by SHO Ajaib Singh of Sadar police station. The
arrest was witnessed by Manjit Singh, head of the village council of Raja Sansi, an
influential man with many contacts in the police.
Palwinder was killed the same night in a supposed armed combat between
the police and a group of militants. The Punjabi Tribune, in its report about
the encounter that appeared on 21 December 1991, said that Palwinder was a top
militant who held the designation of Lieutenant General within his underground
outfit.
The police carried out the cremation, but the family members were allowed to
watch the burning pyre from some distance. Considering the publicity Palwinders
reported encounter received in the press, it is extraordinary that the CBI should place
his cremation in its unidentified list.
Kulwinder also disappeared. His father Ajaib Singh, after failing in all attempts to
get justice, committed suicide on 7 July 1997 in the Golden Temple complex in Amritsar.
29. Under serial no. 410/633, the list shows a 23 March 1992 cremation carried
out by the SHO of Verowal police station under the FIR number given as 23.3.92.
The post-mortem report is marked as KK-35/92 and the cause of death is men-
tioned to be firearm injuries.
Twenty-one year old Gurmeet Singh, son of Lakhbir Singh and Manjit Kaur, was
a Punjab police constable resident of village Jalalabad, under Verowal police station,
in Tarn Taran sub-division of Amritsar. Constable Gurmeet Singh, with his belt num-
ber 1997, was posted at police post No. 6 in Jalandhar. He was unmarried. According
to Lakhbir Singh, the main informant in this case, his son had never been involved in
political activities and diligently performed his duties as a policeman. There had
never been any kind of complaint against him.
On 15 March 1992, Gurmeet was coming home to visit his sick mother. After
getting down from a public transport bus, Gurmeet was walking towards his house
when he was abducted by a joint group of Punjab police and a unit of the Indian army
who were carrying out a search operation in the village. Several residents of the
village witnessed the abduction, but his subsequent whereabouts could not be
ascertained.
The family members found out that Gurmeet had been killed in a fake encounter
by Verowal police in the night intervening the 22
nd
and 23
rd
of March 1992. When
they reached Tarn Taran cremation ground on 23
rd
of March, the police officers had
already left the scene after lighting the pyre. Lakhbir Singh and other members of his
family were, however, able to recognize Gurmeets clothes and his shoes lying close
to the pyre.
The family members hold SHO Swaran Singh and his subordinate Teg Bahadur
Singh of Verowal police station responsible for Gurmeets abduction, arbitrary ex-
ecution and secret cremation.
30. Under serial no. 108/137, the list shows a 22 November 1990 cremation carried
out by Gharinda police station. The FIR and the post-mortem report numbers are
not given. The cause of death is given to be police encounter.
Twenty-year old Gurmeet Singh alias Billa, son of Gian Singh and Sawinder Kaur,
was a young farmer resident of Bopa Rai Kalan village under Lopoke police station
in Ajnala sub-division of Amritsar district. According to Jaswinder Singh, the victims
brother and the main informant in this case, Gurmeet had given up school after com-
pleting his matriculation and had begun to work on the family farm. He was unmarried.
The Gharinda police had illegally arrested Gurmeet a number of times for interro-
gation on the basis of the suspicion that he maintained militant connections. But he
had never been formally arrested or charged.
On 21 November 1990, Gurmeet was going on his motorcycle from Bhakna to
Jathol village when a group of officers from Gharinda police station in a jeep started
chasing him. Gurmeet became nervous and went off the main road to drive on a mud
track. The police officials followed him in their jeep and started firing. A bullet pierced
Gurmeets leg. He dropped the motorcycle and tried to run away, but the police shot
him dead.
The police officers carried away his body and cremated it at Durgiana Mandir
cremation ground the following day. The newspapers reported that an unidentified
militant had been killed in an encounter.
In the night of 12 June 1991, a group of armed men in civil clothes, raided the
house of Gurmeets father Gian Singh and took him into custody. The next morning,
Gian Singhs body was recovered from the agricultural fields in the outskirts of the
village. A newspaper report that relied on the police sources attributed the killing to
members of the armed underground.
31. Under serial no. 134/174, the list shows a 22 April 1991 cremation carried out
by SHO Surinder Singh of Chhearta police station under FIR no. 61/91. The post-
mortem report is listed as not available. The cause of death is mentioned as
police encounter.
Twenty-five year old Balkar Singh alias Bhola, son of Bachan Singh and Surjit
Kaur, was a farmer resident of Kaler village under Raja Sansi police station in Ajnala
sub-division of Amritsar district. Balkar was married to Jasbir Kaur and was the
father of a minor son.
The local police suspected Balkar of sympathizing with the militant cause and of
sheltering its adherents. They had illegally detained and severely tortured him a num-
ber of times. Fearing further atrocities, Balkar had begun to live away from his house.
The decision exposed his family members to regular police atrocities. His parents and
brothers were often picked up and tortured at the B. R. Model School Interrogation
center in Amritsar. The police also confiscated all valuable belongings of the house.
On 21 April 1991, Balkar was arrested by a police force led by DSP Mahinder
Singh and SHO Gurmeet Singh of Chheharta police station. He was killed the same
night in an encounter staged near village Thande. His body was cremated at Durgiana
Mandir cremation ground without the familys knowledge. But the SHO Mahinder
Singh later sent his ashes to the family members and also showed them the clothes
that Balkar had been wearing at the time of his capture.
According to Baldev Singh, the victims brother and the main informant in this
case, his cousin Surjit Singh, son of Mahinder Singh of Sanghna village, was also
kidnapped from his house by SHO Mahinder Singh Karikki of Chheharta police
station and killed in a separate incident of fake encounter.
32. Under serial no. 429/670, the list shows a 30 April
1992 cremation carried out by Ashok Kumar of Jhabbal
police station under FIR no. 51/92. The post-mortem
report is marked as GSD-23/92. The cause of death is
mentioned to be firearm injuries.
The committees incident report form no. CCDP/00375
reveals the following information about this cremation.
Thirty-five year old Hansa Singh alias Chatara, son
of Teja Singh and Bhan Kaur, was a poor Mazhabi Sikh
living at village Khiala Khurd, under police station
Lopoke, in Ajnala sub-division of Amritsar district.
Hansa, originally from Blara village, had been sentenced
to life imprisonment in a case of murder that happened out of a personal quarrel he
had with some persons in Blara village. Hansa was granted parole after spending
four years in jail. Hansa jumped his parole, shifted to Khiala Khurd along with his
family to dodge his arrest and began to earn his livelihood as a farm worker.
In the last week of April 1992, Hansa went to his sister Kantos house in Gandiwind
village under Jhabbal police station in Amritsar district to help her husband Jagira
Hansa Singh
Singh harvest his wheat crop. On 29 April morning, a large police force from Jhabbal
police station raided his sisters house to arrest Hansa. When he tried to run away,
the police force followed him into the fields and shot him dead.
The police carried out the cremation in the presence of Jagira Singh and other
members of his family.
33 38. Under serial nos. 54/48, 55/49, 56/50, 57/51,
58/52 and 59/53, the list identifies six cremations
carried out by Lopoke police station on 19 April
1988. The list does not show the FIR and the post-
mortem numbers and mentions the cause of death to
00402 reveals the following information about these
cremations.
Twenty-three year old Darbara Singh, son of
Chainchal Singh and Rachhpal Kaur, was a resident of
Ramdas Arian village, post office Ramdas, in Ajnala
sub-division of Amritsar district. Darbara was an active member of the Sikh Students
Federation in his school days and, after completing his matriculation, began to take
interest in the militant movement. Darbara was unmarried and his brother Baldev
Singh is the main informant in this case.
On 18 April 1988, Darbara Singh and five of his close associates were killed in
what seemed like a genuine armed encounter against a joint group of Punjab police
officers and the CRPF that happened at Wadde Boparai. On 19 April 1988, all the
Punjabi newspapers prominently reported the incident identifying four of the six
militants killed in the encounter by their names. Apart from Darbara Singh, the news-
paper reports identified them as: [1] Nishan Singh Washoa, [2] Paramjit Singh
Rajasthani and [3] Jagtar Singh Chhina. Darbara Singhs elder brother Amar Singh
was taken to the cremation ground to identify his body.
It is indeed extraordinary that the CBI has placed all these cremations in its
unidentified list.
Two days after the encounter, a large group of officers from Ramdas police station
raided Darbaras house and illegally arrested his father Chainchal Singh, and his broth-
ers Baldev Singh and Mahinder Singh. Chainchal was detained and interrogated under
terrible torture at Ramdas police station. His legs were fractured during the torture and
Chainchal Singh still walks with a limp. Baldev Singh and Mahinder Singh were taken
to Dera Baba Nanak police station and interrogated under torture. The police also
destroyed their standing crops and carried away the stock of wheat worth Rs. 5000.
39. Under serial no. 230/345, the list shows a 11 October 1992 cremation carried
out by the SHO of Amritsars Sadar police station under FIR no. 351/92. The post-
mortem report is marked as SPG/FM-401/92 and the cause of death is mentioned to
Darbara Singh
Thirty-four year old Gurbhej Singh alias Bagga, son
of Mukhtar Singh and Jeet Kaur, was a baptized Sikh
farmer from Gagrewal village under Khadur Sahib police
station in Tarn Taran sub-division of Amritsar district.
Married to Satwinder Kaur, Gurbhej was the father of
three minor sons. His father-in-law Santokh Singh, a re-
tired official of the Indian railways, used to live just out-
side Amritsar city on the road to Tarn Taran. According
to Satwinder Kaur, the main informant in this case, her
husband was not involved in any political or militant
activity. The police routinely detained him illegally for
interrogation, but they never formally arrested him.
Around 10 a.m. on 9 October 1992, Gurbhej accompanied his mother Jeet Kaur to a
relatives house at village Dhahra under Jandiala Guru police station to attend a reli-
gious function. Returning to his house in the afternoon, Gurbhej, along with his eldest
son Gursher, who was then 9-years old, went to call on his father-in-law at his house
in Maqboolpura locality in the outskirts of Amritsar city. His father-in-law Santokh
Singh had not been feeling very well and Gurbhej wanted to go with him to a doctor
the next day.
Around 2 p.m. on 10 October 1992, Gurbhej Singh, his father-in-law Santokh
Singh and Gurbhejs son Gursher, were going to an Ayurvedic clinic in Maqboolpura
when three armed men in civil clothes got out of a Maruti van and tried to force
Gurbhej into their van. They ordered Gurbhej to raise his hands and tried to tie his
hands to his back. As the abductors were in civil clothes and had not identified
themselves, Gurbhej got confused and asked them who they were and why they
were trying to kidnap him. Santokh Singh too asked them these questions. As Gurbhej
resisted the attempt to kidnap him, one of the persons in civil clothes who carried a
gun shot Gurbhej Singh who collapsed dead on the spot. All three persons immedi-
ately got into the van and went away.
Santokh Singh and Gursher Singh went back to the house to inform other family
members about what had happened. When they returned to the spot some fifteen
minutes later, they discovered that Gurbhejs body had been taken away by some
men from Amritsars Sadar police station.
On 11 October 1992, the Sadar police station carried out the cremation in the
presence of Gurbhejs mother and his widow. But no member of the family was
allowed to get close to the body.
According to Satwinder Kaur, the police officials were certainly aware of his
identity because they had come to her house to take her and her mother-in-law to
attend the cremation. She pointed out that some time after the incident, a group of
policemen from Beas police station came to Gagrewal village and arrested Gurbhejs
uncle Gurpal Singh and killed him in a fake encounter.
40 41. Under serial nos. 559/922 and 560/923, the list shows two cremations
carried out by Sita Ram of Patti police station on 01 December 1992 under FIR no.
72/92. The post-mortem numbers are marked as 1.12.92 and the cause of death is
Gurbhej Singh
The committees incident report form no. CCDP/00537 and 00538 reveal the fol-
lowing information about these cremations.
Twenty-five year old Amarjit Singh alias Kala, son of Harbans Singh and Prakash
Kaur, was an employee of the Punjab State Electricity Board and resident of Kairon
village, Patti Bhanu Ki, under Patti police station in Amritsar district. A baptized Sikh
and the only son of his parents, Amarjit was suspected of sympathizing with the
militant movement and the Patti police had been intermittently detaining him for
interrogation under torture since 1984. However, he had never been formally ar-
rested. According to Prakash Kaur, the main informant in this case, her husband
Harbans Singh became very depressed after the June 1984 assault on the Golden
Temple carried out by the Indian army . He was unable to cope with the harassment
when the police started raiding his house and illegally arresting and torturing his
son. Harbans Singh, who was also an employee of the Punjab State Electricity Board,
died from a heart attack towards the end of 1984.
Thirty-five year old Baldev Singh alias Billo, son of Jagir Singh and Charan Kaur,
was Amarjits cousin and lived in the same village of Kairon in Patti Bhan Ki. After
completing his High Secondary School, Baldev had begun to work on his family
farm. Married to Narinder Kaur, Baldev was the father of a daughter Sukhpreet Kaur.
According to Baldevs widow Narinder Kaur, he was not involved in the militant
activities although the police regularly harassed him. His brother Gurbakhsh Singh
had been abducted and disappeared by the police and his younger brother
Sukhwinder Singh had been murdered by a police informer in the village.
On 24 November 1992, Amarjit, Baldev and his wife Narinder Kaur went to Patria
Wala village in Fazilka sub-division of Ferozepur district where Narinder Kaurs
parents lived. All of them stayed at the house of Kuldeep Kaur, Narinder Kaurs
sister, and her husband Jeet Singh.
Early next morning, around 5 a.m., a large police team from Patti police station
raided Kuldeep Kaurs house and arrested both Amarjit and Baldev. The team was
led by Naurang Singh, in-charge of Kairon police post, and had come along with
Kulwant Singh, son of Mewa Singh of Kairon village who knew about their plan to visit
Fazilka. Naurang Singh had arrested Kulwant Singh and had forced him to come along
with his group of officers to Patria Wala village to arrest the two. Kuldeep Kaurs family
members and several other residents of the village witnessed the arrest.
Officer Naurang Singh first wanted to take Narinder Kaur also along, but let her
off after a policeman in his group pointed out that she had small children to look after.
Kuldeep Kaur and her husband tried to find out why they had arrested Amarjit and
Baldev, but there was no answer. The police left with Amarjit and Baldev Singh in
their custody. Narinder Kaur and her brother-in-law Jeet Singh went back to Kairon
in a taxi and informed all the family about the arrests.
The same day in the afternoon, around 2 p.m. a large group of village elders led by
the head of the village council met the in-charge of Kairon police post, who promised
to release both Amarjit and Baldev after their interrogation. The family members and
their sympathizers continued to meet Naurang Singh and DSP Kashmir Singh to
beseech them to release both of them. Six days after the arrest, Naurang Singh
demanded Rs. 200,000 for their release. It was a big amount of money and both the
families were able to raise only Rs. 135,000 within the next four days. In the evening
of 30 November 1992, both families met Naurang Singh at the police post and paid him
Rs. 135,000. The officer promised to release Amarjit and Baldev the following morning
and asked them to come to the police post at 9 in the morning. He also allowed a private
doctor, paid by the family members, to give a medical check up to Baldev and Amarjit.
They were physically debilitated from severe torture under custody.
Early in the morning of 1 December 1992, even as the family members were get-
ting ready to go to the police post, a member of the village council found out that
Patti police officials were making preparations to burn the bodies of Amarjit and
Baldev at Patti cremation ground. The village elders and the family members were
crestfallen and rushed to the civil hospital at Patti where the bodies had been brought
for their post-mortem. Naurang Singh and his group of officers had cordoned off the
hospital and began to abuse the family members when they appeared there. He
ordered the policemen on duty to beat up all the women until they were no longer
able to walk. All of them got scared and went away. They did not even go to the
cremation ground that day.
On 2 December 1992, the family members went to Patti cremation ground to
discover that the police had formed the pyres with insufficient wood and the bodies
of both Baldev and Amarjit were not burnt completely. They ordered additional
wood and completed the cremation. On 2 December 1992, two newspapers, Ajit and
Punjab Kesari, published a report claiming that the police had killed two militants in
an encounter in Patti. The report identified Amarjit Singh as a member of the Khalistan
Commando Force and declared Baldev Singh to be unidentified.
According to Prakash Kaur and Narinder Kaur, they also submitted an applica-
tion to the CBI officials who had set up a temporary office in Amritsar to investigate
the matter of illegal cremations after the Supreme Court instructed them to do so in
November 1995.
It is extraordinary that the CBI placed these cremations in its unidentified list.
42. Under serial no. 553/900, the list shows a 27 November 1992 cremation carried
out by SHO J. Sidhoo of Jhabbal police station under FIR no. 113/92. The post-
mortem report is marked as OPG-43/92 and the cause of death is mentioned as
firearm injuries.
Twenty-year old Baljit Singh alias Toti, son of Ram Singh and Tasvir Kaur, was a
college graduate from village Bhujrawala, under Jhabbal police station, in Tarn Taran
sub-division of Amritsar district. He was unmarried and helped his father Ram Singh,
the main informant in this case, with the agricultural work.
In 1990, Tarn Taran police had illegally arrested Baljit and interrogated him under
torture. They released him following intervention by members of his village council
who testified to his lack of involvement with the militant movement.
In the evening of 27 November 1992, around 4.30 p.m. Baljit was abducted from
the bus stand at Jhabbal by a group of officers led by SHO Jagdeep Singh Sidhoo of
Jhabbal police station, and also including Sub-inspector Bikramjit Singh, Constable
Talwinder Singh and others. Several residents of the village who knew Baljit very
well witnessed his abduction.
Immediately, Baljits father Ram Singh, accompanied by several village elders,
rushed to Jhabbal police station where DSP Ashok Kumar promised to release Baljit
after his interrogation the following morning. Baljit was killed in an encounter fake
just outside the village some hours later.
On 28 November 1992, two newspapers Jagbani and Ajit reported Baljits killing in
the alleged encounter. The cremation was carried out without the familys knowledge.
Ram Singh submitted representation about the abduction and the arbitrary ex-
ecution of his son to the Chief Justice of Punjab and Haryana High Court, the Chief
Minister and the DGP of Punjab. He also submitted a petition to the CBI officials who
were investigating the matter of illegal cremations in Punjab.
43 44. Under serial nos. 229/371 and 230/372, the
list shows two cremations carried out by Dalbir Singh
of Jhabbal police station on 4 April 1991 under the
FIR no. 47/91 and 48/91. The post-mortem reports
are marked MSJ 23/91 and 4.4.91. The cause of death
00668 reveals the following information about one of
these cremations.
Twenty-five year old Jagtar Singh alias Tota, son of
Maghar Singh and Balbir Kaur, was a soldier of the
Indian army from village Kubarku, post office
Shahbazpur, under Sarhalli police station, in Tarn Taran sub-division of Amritsar
district. According to Balbir Kaur, the main informant in this case, Jagtars older brother
is also a soldier of the Indian army . Jagtar was married to Gurmeet Kaur and had a
young daughter.
In the beginning of 1990, Jagtar came home on a vacation but did not report back
report back on duty. His family members tried unsuccessfully to persuade him to
return to his regiment. Apparently, Jagtar had been having some problems with his
superiors which he, however, did not discuss with his family.
On 4 April 1991, Jagtar went to village Nikki Manochahal to buy some opium to
which his father was addicted to. In Nikki Manochahal, Jagtar went to the house of
a person who sold the contraband. While he was paying the person, a team from
Jhabbal police station, led by sub-inspector Dalbir Singh, raided the house. Jagtar,
fearing his arrest, tried to run away. The police officers chased him into the fields and
shot him dead. Many residents of the village who knew Jagtar and his family wit-
nessed his execution and went to inform his family immediately.
Jagtars parents approached Surinder Singh Kairon, an influential Congress Party
leader and a former Minister, to request him to persuade the police officials to return
the body to the family. Surinder Singh called the SHO of Jhabbal police station and
then asked Jagtars father Maghar Singh to go to the police station to claim the body.
However, when Maghar Singh, accompanied by his family members and other village
elders, reached the police station he was told that the body had already been cremated.
Two months after the incident, a group of armed policemen in plainclothes came
to Maghar Singhs house and shot down his daughter Beant Kaur. Maghar Singh
himself died approximately one year after the killing of his son.
Jagtar Singh
45. Under serial no. 39/38, the list identifies a 08
October 1987 cremation carried out by Lopoke police
station. The list does not show the FIR number. The
post-mortem report is marked as AKL/FM/120/87 and
the cause of death is given to be police encounter.
00740 reveals the following information about the cre-
mation.
Major Singh, son of Darshan Singh and Kashmir
Kaur, was a popular folk music singer resident of Sahoora
village, Gandhe Dasiye Di Patti, under Lopoke police
station in Ajnala sub-division of Amritsar district. He
was 21-years old and unmarried.
The June 1984 Indian army assault on the Golden Temple made a deep impact on
Major Singhs attitudes on life. He became an Amritdhari Sikh and began to compose
religious and political songs of protest that expressed sentiments of the peoples
suffering under Indian repression. These songs extolled the spirit of struggle and
martyrdom for freedom. Soon, Major Singh was much in demand to perform at reli-
gious and political functions and he formed his own group of singers and compos-
ers, known in Punjab as Kavishri Jatha. The songs about State atrocities that the
group composed and sang were especially popular and Major Singh soon became a
marked man. The police and the CRPF officials repeatedly raided his house to arrest
him. But Major Singh was mostly on the move, traveling to different places in Punjab
together with his band.
On 14 September 1987, Major Singh and his group was going to perform in an
annual popular fair at village Sahoora commemorating the bravery of sacrifice of a
Sikh soldier Karaj Singh during Indias 1965 war against Pakistan. Around 5 p.m. as
Major Singh was going towards the fair, he was abducted by a large group of officers
from Lopoke police station led by SHO Charanjit Singh, assistant-sub-inspectors
Tarsem Kumar Sharma and Sham Singh. The police officials lifted him into a vehicle
and went away to an unknown destination. The abduction was witnessed by a large
number of village residents.
Early in the morning of 15 September 1987, Major Singhs family members, ac-
companied by the village elders, went to Lopoke police station where they were told
that Major Singh was not detained there. The Commander of the CRPF unit at its
center in Ajnala abused Major Singhs father and his companions when they went
there to make inquiries and refused to give any information. The policemen outside
the Mall Mandi Interrogation center threatened to arrest all of them if they did not
go away immediately. For the next three weeks, the family members and their sympa-
thizers tried hard to locate Major Singh but failed to find out anything about his
whereabouts.
Approximately three weeks after Major Singhs arrest, his father, together with
two members of the village council, managed to meet SHO Charanjit Singh of Lopoke
police station who acknowledged that Major Singh was in his custody and could
be released on the payment of Rs. 800,000. Darshan Singh and his companions tried
to explain to the SHO that they were a poor family and could not raise so much
Major Singh
money. The SHO became very angry and asked them to leave and not to return
without the money.
On 9 October 1987, a Punjabi daily newspaper Jagbani published a report claim-
ing that a militant Major Singh had been killed in an encounter with the CRPF at
village Sahoora. SSP Izhar Alam briefed the press about the encounter claiming that
Major Singh was an important leader of the militant underground and was wanted in
connection with five cases of murder.
The police carried out the cremation without informing the family. Two months
after the killing of Major Singh, SHO Charanjit Singh arrested his father Darshan
Singh. The police brutally tortured him in illegally custody at Lopoke police station.
The SHO threatened to kill him unless he stopped talking about his sons abduction
and his arbitrary execution. Darshan Singh was released after he gave a written
undertaking not to speak against the Punjab police.
46 49. Under serial nos. 573/945, 574/946, 575/949 and 576/950, the list shows
four cremations carried out by SHO Teg Bahadur Singh of Bikhiwind police sta-
tion on 26 December 1992 under FIR no. 81/92. The post-mortem reports are
marked to be KS-117/92, KS-118/92, KS-119/92 and KS-120/92. The cause of
death is listed as firearm injuries.
Thirty-five year old Sardool Singh, son of Pooran Singh and Kesar Kaur, was a
constable of the Punjab Armed Police and resident of Rahal Chahal village, post
office Sangatpur, Rahal Patti, under Sirhali police station, in Khadur Sahib sub-
division of Amritsar district. Sardool was married to Manjit Kaur and was the father
of three daughters.
In 1987, Sardool was posted at the Headquarters of the Punjab Armed Police in
Jalandhar when he was arrested on the charge of taking part in the conspiracy to
assassinate Ribiero, then DGP, Punjab. Sardool remained in Sangrur jail for three
years until the court released him on bail.
Sardool opened a dairy farm and also became the Secretary of Verka Co-Opera-
tive Society. He used to attend his court hearings at Jalandhar regularly and the
police never came to harass him at home.
In the first week of December 1992, a group of officers from Tarn Taran police
station raided Sardools house while he was out collecting his payments. The offic-
ers informed his family members that SSP Ajit Singh Sandhu wanted him to report to
his office. The officers had not left any written instructions for Sardool and he chose
to ignore the message. Two weeks later, the same group of officers raided his house
and, not finding Sardool, they took his wife Manjit Kaur into their custody. Manjit
Kaur was kept at Tarn Taran police station for twelve days and then at Goindwal
police station for six days. Then she was forced to stay at SSP Ajit Singh Sandhus
house for a night.
Sardool Singh negotiated his wifes release from illegal custody through Amrik
Kaur of Amarkot village, a known police informer who worked closely with Ajit
Singh Phoola, a Sikh sectarian leader who helped the Punjab police. Manjit Kaur was
asked to go to Ajit Singh Phoola and stay at his headquarters. Sardool Singh had to
accept this to get his wife released from illegal custody.
After spending a night at Ajit Singh Sandhus house, Manjit Kaur was brought
to Ajit Singh Phoolas headquarters where she had to stay for two days. She then
returned to her village. That night, Sardool managed to talk to her and requested her
to raise some money to pay Ajit Singh Phoola for his release. Manjit Kaur managed
to raise Rs. 14,000 within the next week. Sardools brother came with the money to
Phoolas residence and paid that amount to Amrik Kaur who had organized the deal
to get Sardools wife released. Amrik Kaur told Harbans Singh that his brother would
get released the next day.
Early next morning, when Harbans Singh returned to Phoolas headquarters, he
was told that Sardool had run away. Two days later, Harbans Singh received a mes-
sage that his brother was being held at Khalra police station. Harbans Singh, along
with his brother-in-law Mangal Singh, met SSP Ajit Singh Sandhu at his office in
Tarn Taran and requested him to get Sardool Singh released. The SSP was abusive
and asked Harbans to first get Gurbachan Singh Manochahal, a well-known leader of
the militant underground, arrested. Harbans Singh pleaded abjectly and pointed out
that Sardool had no connection with the militant underground. The SSP asked them
to see him again after some days.
After the meeting with the SSP, Sardools wife Manjit Kaur, together with her
brother Mangal Singh, went to Khalra police station. SHO Suba Singh was not present
and his subordinate, who sympathized with Sardools situation, allowed them to meet.
Sardool had been tortured badly. He was constantly trembling and unable to even
stand on his legs. Sardool Singh asked his wife to do everything possible to get him
out as soon as possible because he felt that his interrogators planned to kill him.
Early in the morning of 26 December 1992, Harbans Singh and Mangal Singh met
SSP Ajit Singh again. The SSP asked them to go to Khalra police station to find out
whether Sardool was still. Both of them immediately left for Khalra. On the way, they
read a report in a Punjabi newspaper Jagbani claiming that four unidentified mili-
tants had been killed in an encounter with Bhikhiwind police near Udhoke village the
previous night. A photograph, published along with the report, showed Sardool as
one of the unidentified militants killed in the encounter.
The police did not inform the family members of the cremation.
carried out by the SHO of Goindwal police station on 04 May 1992 under FIR no. 39/
92. The post-mortem reports are marked as AK-16/92 and AK-17/92. The cause of
death is given to be firearm injuries.
Sukhwant Singh alias Sukha, son of Kashmir Singh and Jasvir Kaur, was a 21-
year-old truck driver from Lohar village, Jauhal Dhahe Wala, Dana Mana Patti, under
Sarhalli police station in Khadur Sahib sub-division of Amritsar district. After complet-
ing his matriculation, Sukhwant had trained himself to be an electrician but failed to
find a suitable job. His father, the main informant in this case, owned a truck and he
advised Sukhwant to learn driving a truck and help him in his transport business.
Sukhwant, like his father, was an Amritdhari Sikh but did not have any political or
militant associations. He had never been arrested or in-
terrogated before this incident.
Around 5 a.m. on 28 April 1992, Sukhwant accom-
panied his father to the market in Goindwal to find a
transport assignment. First, they went to the Golden
Temple in Amritsar and, after doing their prayers, they
went to Goindwal where they had a conversation with
the clerk of the truck drivers Union who told them that
they were not likely to get an assignment for the next
two days. After finding this out, Sukhwant and his fa-
ther started driving back to their village. On the way,
close to a railway crossing in Goindwal, the police had
set up a check-post where they were stopped for a
routine check. SHO Goindwal Surinderpal Singh was personally conducting the
checking. The SHO became suspicious when he looked at Sukhwant who was wear-
ing a saffron colored turban and also had his ceremonial dagger hanging across his
shoulder. The SHO asked Kashmir Singh about his sons occupation. Kashmir Singh
introduced his son to the police officer and told him that his son was learning to be
a truck driver. The SHO asked Sukhwant to get down from the truck, forced him into
a police vehicle and took him away for his interrogation. Kashmir Singh implored the
officer not to arrest his son, but he refused to let him go. Kashmir Singh noticed that
the police jeep was going in the direction of Fatehabad.
Kashmir Singh went back to his village and narrated the incident to the village
elders. Some hours later, Kasmir Singh, together with fifteen other elders and mem-
bers of the village council, went to Goindwal police station and met SHO Surinderpal
Singh who brazenly denied having arrested his son at the check-post. Kashmir
Singh became very agitated and started crying. He accused the SHO of lying and
pleaded with him to show him his son. SHO Surinderpal ordered Kashmir Singh and
his companions to leave the police station.
On April 29, Kashmir Singh and his wife Jasvir Kaur went to SSP Ajit Singh
Sandhus office at Tarn Taran. They had to wait outside his office for nearly six hours
before they were let in around 5 p.m. Kashmir Singh narrated the sequence of events
beginning with Sukhwants arrest early in the morning of 28
th
of April at Goindwal.
The SSP listened to them and then started abusing them. He said that Sukhwant was
a militant and that he deserved to die. When Kashmir Singh fell at the SSPs feet,
begging him not to kill his son, the SSP kicked him hard and ordered his body-guards
to throw them out of his office. When Kashmir Singh and Jasvir Kaur came out of the
SSPs office and were crying, a policeman in plainclothes asked them to go to the
CIA staff interrogation center and find out if their son was being detained there.
They went to the CIA staff center and talked to a head constable on duty outside to
let them meet their son. The head constable seemed to be a kind person, but he asked
them to wait at a tea stall because some senior officials were about to come for an
inspection. After some time, a fleet of cars came to the Interrogation center and SSP
Ajit Singh Sandhu himself got down from a car and went inside. Kashmir Singh and
Jasvir Kaur went back to the head constable when the SSP, after spending three
hours inside, left. Kashmir Singh gave Rs. 500/- to the head constable who took them
to the lock up where Sukhwant was lying on the floor. Sukhwant was unable to stand
Sukhwant Singh
up and started crying. Kashmir Singh told him to keep strong and promised to do
everything possible to get him out. The head constable did not want them to stay
inside for long and asked them not to disclose the meeting he had allowed to anyone.
Kashmir Singh was unable to do anything to get his son released from the illegal
custody. On 4 May 1992, a newspaper published a report about the killing of his son
Sukhwant Singh together with another unidentified militant in an enounter with Tarn
Taran police.
The cremation was carried out without the familys knowledge.
52. Under serial no. 36/39, the list identifies a 11 August 1987 cremation carried out
by Gharinda police. The list does not show the FIR number. The post-mortem report is
said to be not available. The cause of death is given to be police encounter.
Twenty-four year old Ajmer Singh, son of Gurmukh Singh and Hardeep Kaur,
was a resident of Bhuchar Khurd village, post office Bhuchar Kalan, under Jhabbal
police station in Amritsar district. Ajmers family of Amritdhari Sikhs had a long
history of association with the Dam Dami Taksal, the religious seminary once headed
by Jarnail Singh Bhindranwale. After completing his matriculation, Ajmer gave up
his formal education and joined the seminary to study the Sikh religious literature
with the intention of becoming a missionary. According to his mother Hardeep Kaur,
the main informant in this case, Ajmer had no connection with any political or mili-
tant group and had never been arrested or interrogated before this incident.
On 08 August 1987, Ajmer, along with another student of Dam Dami Taksal, went
to the Golden Temple at Amritsar. They made their prayers and were going on a
rickshaw to catch a return bus to Chowk Mehta when a group of armed policemen
fired on the two boys. It is possible that the policemen became suspicious when they
saw two baptized young Sikhs in their traditional dress and mistook them to be
militants. Ajmers companion in the rickshaw was hit by a bullet and he fell down
dead. Ajmer panicked and tried to run away, but was nabbed near Ram Bagh. The
police took him away for interrogation. A boy from Malhian village who knew Ajmer
and was his companion at the Dam Dami Taksal witnessed the entire episode.
On 11 August 1987, several Punjabi newspapers reported an encounter between
a group of militants and officers of Gharinda police station in Amritsar that suppos-
edly occurred very close to the police station. The report said that Ajmer Singh and
two others were killed while some others militants managed to escape. The report
published the names of all three persons.
The police carried out the cremation without informing the families. Surprisingly,
the CBIs list of unidentified cremations shows only one cremation carried out by
Gharinda police on 11 August 1987. It was a common practice during period for the
police to burn more than one body on a single pyre.
53 54. Under serial nos. 110/86 and 112/87, the list shows two cremations carried
out by Majitha police station on 28 August 1989. The list does not show the
FIR number or the post-mortem reports numbers. The cause of death is given as
police encounter.
Eighteen-year old Lal Singh alias Laadi, son of Apar Singh and Pooran Kaur, was
a resident of Kotla Gujjaran village, under Majitha police station in Amritsar district.
He was unmarried and lived with his parents. According to Apar Singh, the main
informant in this case, his son had no involvement with the militant movement and
had never been arrested or questioned in connection with any criminal offence.
On 27 August 1989, a group of officers from Majitha police station, led by DSP
Paramjit Singh Gill and SHO Surinder Singh Sood, raided Apar Singhs house and
arrested his son Lal Singh. The arrest was witnessed by a large number of village
residents because another young Sikh of the village, Balraj Singh alias Tota, son of
Sukhdev Singh, had already been taken into custody. Apar Singh tried to find out
why his son was being arrested and told the police that he had no connection with
anything unlawful. Nevertheless, the police took their prisoners away.
They killed both Lal Singh and Balraj Singh in an encounter faked the same night
and carried out their cremations without informing the families.
55 57. Under serial nos. 617/1059, 618/1060, 619/1061, the list shows three
cremations carried out by SHO Govinder Singh of Patti police station on 18 August
1993 under FIR no. 57/93. The post-mortem reports are all marked as 18.8.93 and
the cause of death is given to be police encounter.
00813 reveals the following information about these
cremations.
Fifty-four year old Charan Singh, popularly known
as Babaji, son of Banta Singh and Gurnam Kaur, was a
known Sikh religious leader resident of village Pandori
Rumana, post office Takhat Mal, Jhabbal police sta-
tion, in Tarn Taran sub-division of Amritsar district. He
was married to Surjit Kaur and had five adult children.
Charan Singh devoted his time to organizing voluntary
labor and donations for the repair and maintenance of
the historical Sikh shrines in Punjab.
The police had detained and interrogated Charan
Singh on two or three occasions in the past. But they had not brought any formal
charges against him.
In the beginning of 1993, Charan Singh received information from some of his
influential friends that SSP Ajit Singh Sandhu was determined to eliminate him.
Charan Singh knew Sandhu was a ruthless man. He also knew about his weakness
for money. Charan Singh got in touch with Mahant Sewa Dass, an influential Sikh
leader in Delhi who was known to be very close to the police establishment in
Punjab. Sewa Das demanded Rs. 850,000/- to save his life and Charan Singh paid him
the money.
On 23 April 1993, Sewa Das deputed his representative Surinder Singh of village
Sarai Naga in Faridkot district to accompany Charan Singh to SSP Sandhus office in
his car. They were on the way when a group of officers from Tarn Taran in a jeep, led
Charan Singh(Babaji)
by Inspector Suba Singh, intercepted Charan Singhs car near village Deenpur and
took him to an unknown destination.
The police officials knew that Charan Singhs organization was very rich. They
kept him in illegal custody for nearly three months and forced him to part with a large
amount of money belonging to his organization. In early July 1993, DSP Narang
Singh went with Charan Singh to the Sahni branch of the Bank of Baroda where he kept
the money belonging to his organization. Charan Singh was forced to withdraw a large
amount of money, which was then distributed to senior police officers of the district.
Towards the end of July 1993, Charan Singhs wife Surjit Kaur was allowed to
meet her husband briefly at the police post in village Kairon.
In the night intervening the 17 and 18 August 1989, Charan Singh was killed,
along with two others, in an encounter fake at village Kairon. Six other close relatives
of Charan Singh have also been abducted and disappeared by the Punjab police at
different occasions in the period of unrest in the state. A judicial inquiry ordered by
the High Court of Punjab and Haryana, in a habeas corpus petition filed by the
family, established these facts but failed to identify the responsible officials.
58. Under serial no. 609/339, the list identifies a 23 May 1993 cremation carried
out by Jhander police station. The FIR number is not given. The post-mortem report
is marked as AST/FM/8/93. The cause of death is given to be police encounter.
Parjinder Singh alias Bittu, son of Parminder Singh and Gurcharan Kaur, was a 28-
year old farmer resident of Sehnsra Kalan village, under Jhander police station, in
Ajnala sub-division of Amritsar district. He was married to Surinder Kaur and had
two young children. According to his widow Surinder Kaur, the main informant in
this case, Parjinder was not associated with any political or militant group. However,
because his house was located a little outside the village next to his farm land,
militants used to come to the house and ask for shelter and food. Parjinder was not
in a position to refuse them. The local police arrested Parjinder a number of times and
tortured him in illegal custody to interrogate him about the persons visiting him. The
officials demanded money and threatened to implicate him in terrorist crimes if he
refused. Because Parjinder did not have large amounts of money to pay, the police
incriminated him in a case under TADA and sent him to jail.
After spending nearly one and a half years in jail, Parjinder received a bail order
and came out of jail on 13 January 1990. But the police officials continued to harass
him, detaining him and his wife and torturing them even when they had no informa-
tion to offer. The whole exercise seemed to be geared to extort bribes, which they
were not in a position to pay. Parjinder was finally fed up and decided to leave
Punjab. He together with his wife and their young children moved to Tamil Nadu
State in the extreme South of India. There in a city called Salem, Parjinder found work
in a hotel and the family spent the next one and a half years in peace.
On 10 May 1993, a Punjab police team, led by ASI Partap Singh of Jhander police
station, raided the hotel in Salem where Partap Singh worked and took him into
custody. ASI Pratap Singh told his wife Surinder Kaur that unless she paid him Rs.
100,000, her husband would not live. He asked her to return to Punjab immediately,
by air, and to arrange for the money before the police officials returned to Punjab in
a train. On 11 May 1993, ASI Partap Singh and his team of police officials, along with
prisoner Parjinder Singh, boarded a train to Ambala. Surinder Kaur and her children
returned to Delhi on an Indian Airlines flight and then took a train to Amritsar.
Immediately after returning to Amritsar, Surinder Kaur met SHO Wassan Singh of
Jhander police station who repeated the demand made by ASI Partap Singh to either
pay Rs. 100,000 or risk her husbands death. Surinder Kaur immediately mortgaged
her husbands agricultural land and collected Rs. 100,000/, which she paid to SHO
Wassan Singh. The payment was made on 19 May 1993. Surinder Kaur was allowed
to meet with her husband in the police lock up. SHO Wassan Singh said that Parjinder
Singh would be released after they had completed some legal formalities on 24 May
1993 morning.
Parjinder was killed in an encounter fake by Jhander police in the night between
22
nd
and 23
rd
of May 1993. Several newspapers prominently reported the encounter
and identified Parjinder Singh by his name and the village of his residence. SHO
Wassan Singh told Surinder Kaur that he would wipe out her entire family if she
talked to anyone about having paid him the money.
The police carried out the cremation without informing the family members. The
CBI too placed the cremation in its unidentified list even though the newspapers had
published his name and his village.
Surinder Kaur has not been able to redeem the mortgage. She supports her
children by doing some embroidery work at home.
59 61. Under serial nos. 119/150, 120/151 and 122/153, the list shows three
cremations carried out by ASI Kashmir Singh of D Division police station in
Amritsar on 15 February 1991 under FIR no. 43/91. The post-mortem reports are
marked to be not available and the cause of death is given as police encounter.
lowing information about these cremations.
Twenty-two year old Kanwaljit Singh alias Lada, son of Joginder Singh and
Nirmal Kaur, was an assistant in a Medical Laboratory and resident of House No. 7,
Ramsar road, under B Division police station, in Amritsar city. He was unmarried
and lived with his parents. His grandfather Amar Singh is the main informant in this
case.
Mohinderpal Singh alias Bobby was a close friend of Kanwaljit. Twenty-one year
old Mohinderpal, son of Manjit Singh and Balbir Kaur, was a tailor by profession and
lived at House Number 1334/III-21, Gali Jeevan Mal, Chowk Baba Bhauri Wala, under
B Division police station in Amritsar city. Mohinderpal also was unmarried.
On 14 February 1992, around 1 p.m. Kanwaljit and Mohinderpal were going on a
rickshaw to play badminton when they were abducted by a group of officers from B
Division police station, led by its SHO. Some hours later, the police officers, along
with Kanwaljit and Mohinderpal, went to Kanwaljits parents house and searched it
thoroughly for possible weapons. In the course of the search, the SHO manhandled
Kanwaljits mother. The search did not yield anything incriminating, but both Kanwaljit
and Mohinderpal were taken away for further interrogation. Many residents of the
area witnessed the search operations. They also saw both boys in police custody.
They had already been tortured severely and were bleeding.
On 15 February 1992, two newspapers Ajit and Jagbani carried a report about a
supposedly major encounter when eight militants engaged the Punjab police in an
exchange of fire. The report said that three militants were killed, but five escaped.
Another report published in the same newspapers the next day identified both
Kanwaljit Singh and Mohinderpal Singh by their names as two of the militants who
the police had killed.
The police did not inform the families about the cremations. However, a police
constable from B Division police station helped them collect the ashes from Durgiana
Mandir cremation ground. In these two cases, the municipal corporation of Amritsar
even issued death certificates of Kanwaljit and Mohinderpal to their parents. But the
CBI has placed their cremations in its unidentified list.
62 - 63. Under serial nos. 554/ 904 and 555/905, the list shows two 07 November
1992 cremations carried out by Sub-inspector Sita Ram of Patti police station
under FIR no. 67/92. One post-mortem report is marked as KS-96/92 and the cause
of death is given to be police encounter.
Eighteen-year old Balwinder Singh, son of Dalip Singh and Swaran Kaur, was a
resident of village Kalu Dian Jhugian, post office Bhangala, Kehtan Di Behak, under
Valtoha police station in Patti sub-division of Amritsar district. After completing his
matriculation, Balwinder chose to work for a Sikh missionary organization at Amritsar
called Pingalwara that was devoted to the care and service of physically disabled
and mentally handicapped persons in Punjab. Balwinder was not married and his
mother Swaran Kaur is the main informant in this case.
Twice in 1984, the police had illegally detained and tortured Balwinder under
interrogation. According to Swaran Kaur, Balwinder was not involved with any
militant group in Punjab. Balwinder was arrested again in October 1992 by SHO
Gurinder Singh of Valtoha police station three weeks before his terminal abduction.
He was tortured very badly in police custody and told to leave the village if
he wanted to save his life. According to Swaran Kaur, the SHO did this at the
instigation of a person from village Saran Valtoha who had an established criminal
background and wanted to usurp her family land. She thinks that the SHO had
been bribed.
Around 4 a.m. on1 November 1992, SHO Gurinder Singh of Valtoha police
station and ASI Nirmal Singh of Sabhrawan police post raided Balwinders house
at Preet Nagar in Amritsar. Balwinder had already sold much of his agricultural land
with the intention of leaving his village permanently. He had been negotiating the
purchase of a plot of land in Amritsar where he wanted to build a house and for this
purpose he had sold his agricultural land in the village. The police officers who
raided the house on 1 November 1992 rummaged through the house and Swaran
Kaur later discovered that the money that Balwinder had received for his land was
missing. The police officials had stolen it. The police officials took both Balwinder
and his brother Avtar Singh into custody and took them to Valtoha police station.
Swaran Kaur met both of them at Valtoha police station on 06 November 1992. That
afternoon, the police released Balwinders brother Avtar Singh.
Balwinder was killed in the night between the 6 and 7 November 1992. Swaran
Kaur identified the body of her son before its post-mortem examination at Patti
hospital. But the CBI has placed his cremation in its unidentified list.
cremations carried out by Subha Singh of Voltoha police station on 14 July 1992
under FIR no. 34/92. All three post-mortem reports are marked as 14.7.92 and the
formation about two of these cremations.
Fifty-four year old Jaswant Singh, son of Isar Singh and Sham Kaur, was a farmer
resident of village Bhaini Bhajan Singh in Patti sub-division of Amritsar district. He
was married to Amrik Kaur, the main informant in this case.
Jaswants house was in the outskirts of the village next to his agricultural farm.
Given its isolation, members of the militant underground came to them for shelter and
food. Jaswant Singh had no way to refuse these armed groups since the security
forces were conspicuously absent at nights. Jaswant had been arrested and tortured
severely by the Patti police. His interrogators accused him of keeping weapons for
the militants and threatened to kill him unless he paid Rs. 50,000/. Jaswant had
escaped getting killed by the police by paying this money in early June 1991.
Around 6 a.m. on 13 July 1991, Jaswant Singh was leaving his farmhouse on his
bicycle to go to Patti to sell milk when a police team from Patti, led by DSP Sukhdev
Singh Brar, came to the house in a jeep, pulled him down from the bicycle and started
beating him up. Another young man Jaspal Singh from Ghariala village in Patti sub-
division who was coming towards Jaswants house on his bicycle was also taken
into custody. Policemen first beat him up with rifle butts. Both Jaswant and Jaspal
were bleeding when the policemen threw their bicycles on the roadside, pushed
them into a vehicle and drove away with them. Jaswants wife Amrik Kaur realized
that her husband was being attacked and kidnapped by uniformed policemen and
came running towards them. By then the policemen had left.
As Jaswants farm house is located only two kilometers from Patti police station,
Amrik Kaur immediately went there. Soon after reaching Patti police station, Jaswant
and Jaspal were shifted to the temporary headquarters of the CRPF that had been
established at the ITI, the Industrial Training Institute, in Patti. Amrik Kaur, too,
followed them to ITI. She was not allowed to enter and she decided to wait outside the
main gate.
Many hours later, Amrik Kaur saw a police vehicle leave the ITI building. Her
husband Jaswant and the other other young man from Ghariala village Jaspal Singh
were sitting in the vehicle. The police killed both of them in an alleged armed encoun-
ter the same night.
The police carried out the cremations without informing the family members.
Surprisingly, the post-mortem report, which Amrik Kaur managed to see, identifies
both Jaswant Singh and Jaspal Singh by their names. She also claims to have seen
the photographs of their bodies annexed with the report. Yet, the CBI has placed
their cremations in its unidentified list.
cremations carried out by the SHO of Jandiala police station on 23 February 1991
under FIR no. 56/91. The post-mortem reports are marked as 192/23.02.1991, 193/
23.02.1991, 194/23.02.1991. The cause of death is given as police encounter.
Twenty-four year old Jagdeep Singh alias Jaggi, son of Joginder Singh and
Harjinder Singh, was a resident of village Pandori Ramana, post office Pandori Takhat
Mal, under Jhabbal police station in Tarn Taran sub-division of Amritsar district.
Jagdeep had completed his higher secondary school education and had started a
small flourmill in Amritsar city. His mill was small and two machines pounded food
grains into fine flour for domestic use. Jagdeep had to take a loan of Rs. 40,000/ to
establish the business. His income was good and he hoped to pay back the loan
within a reasonable period of time. He often slept at his shop and visited his parents
in the village only at weekends.
Jagdeep was an Amritdhari Sikh, and according to his mother Harjinder Kaur, the
main informant in this case, he had no association with any political or militant
group. His elder brother Jasbir Singh, a member of the Sikh Students Federation, had
been arrested and disappeared by Amritsars B Division police station in April
1988. Since then Jagdeep kept assiduously aloof from all political activities. He had
been picked up illegally only once for interrogation by Patti police station. Jagdeep
was unmarried.
Jagdeeps parents began to get worried when he did not come to see them con-
secutively for two weekends in February 1991. In the last week of February, they
went to Amritsar to make inquiries and found out that their son had been abducted
by officers of Jandiala Guru police station and killed in an encounter staged near
Chhote Raipur village under Majitha police district. The family members approached
some influential persons of their village to talk to the SHO to obtain the truth. The SHO
told them that Jagdeep and two other militants had indeed been killed in the encounter.
They also saw copies of Ajit and Jagbani newspapers published on 24 February,
which carried a report on the encounter killing of three unidentified militants.
The police officials had also carried away all the valuable equipment in his
flour mill.
70. Under serial no. 103/80, the list shows a 15 August 1989 cremation carried out
by head constable Harcharan Singh of Lopoke police station. The list does not show
the FIR number and makes no reference to the post-mortem report. The cause of
information about this cremation.
Twenty-five year old Gurdev Singh alias Deba, son of Balbir Singh and Sawinder
Kaur, was a resident of House No. 30, Guru Ram Das Nagar, opposite Railway
Colony No. 4 under Kot Khalsa police station in Amritsar city. After completing
his matriculation, Gurdev was employed as a cleaner on a truck belonging to the
local agency of Thums-Up, a popular soft drink. The only child of Balbir Singh and
Sawinder Kaur, Gurdev was married to Jaswant Kaur. His father Balbir Singh, the
main informant in this case, was a mechanic employed by the Indian railways at
Amritsar. Gurdev had no connection with the militant or political movements. He
had never been arrested by the police before this incident.
On 14 August 1989 morning, Gurdev went out to work but did not come back
home at night. The next day, Balbir Singh approached his relative Jassa Singh, then
a head constable at Ram Bagh police station in Amritsar, and requested him to trace
his son. Jassa Singh talked to DSP Gurmel Singh and informed Balbir Singh that the
police had arrested some young Sikhs in the city from the apprehension that they
might create trouble on Indias Independence Day, August 15. Jassa Singh said that
all arrested persons would be released within two or three days and that Balbir Singh
should not worry about the matter.
Balbir Singh and his wife were, however, worried and tried to meet SSP Anil
Kumar Sharma and DSP Gurmel Singh. But the officers were all busy in supervising
security duties and they could not meet them. Balbir Singh then sent telegrams to the
Governor of Punjab and the Prime Minister of India informing them about his sons
disappearance and requesting them to order an investigation to trace him. His tele-
grams remained unacknowledged.
Two days later, one of Balbir Singhs colleagues at the railway workshop told him
that his own younger brother Lakha Singh too had been arrested on the 14
th
of
August, and that he was released from custody the following day after the conclu-
sion of the official Independence celebrations. Balbir Singh then met Lakha Singh
and talked to him about his experience. Lakha Singh told him that he and Gurdev
Singh had been picked up from a market in Amritsar and were held together for a
short while at Mall Mandi Interrogation center and questioned under torture. After
the police separated them, Lakha Singh did not know what happened to Gurdev.
Balbir Singh then went to various police stations in Amritsar and the neighbor-
ing districts to inquire about his son. But he failed to find out anything. Two months
later, he discovered a report about an encounter, staged under Lopoke police station
in the night between the 14
th
and 15
th
of August, in which three young Sikh militants
were allegedly killed. Balbir Singh got in touch with Jassa Singh, a policeman who
was his relative, and they went to Lopoke police station to make inquiries. After
much persuasion, a Sub-inspector at Lopoke police station showed Balbir Singh a
bundle of clothes that had belonged to the boys who had been killed in that encoun-
ter. Balbir recognized his sons clothes. He could not find out how and why his son
was eliminated in a fake encounter. He also found out that one of the persons killed
along with Gurdev Singh that night was Kulwant Singh, son of Shingara Singh, from
Fatehgarh Churian village in Gurdaspur district. According to Balbir Singh, his son
had absolutely no connection with this person and did not even know him. The CBI
succeeded in identifying Kulwant Singhs cremation and has included it in its list of
identified cremations Under serial no. 101/7. This cremation too was carried out by
head constable Harcharan Singh.
71 - 72. Under serial nos. 42/90 and 43/91, the list shows two 24 June 1989
cremations carried out by SHO Surinder Singh of Tarn Tarans Sadar police
station under FIR no. 48/89. The post-mortem report numbers are PS-22/89 and
PS-21/89. The cause of death is given as firearm injuries.
formation about these cremations. Dara Singh, father of Mehal Singh, is the main
informant in these cases.
Sixteen year old Mehal Singh alias Chhotu, son of Dara Singh, was a resident of
village Pandori Gola, under Tarn Tarans police station, in Tarn Taran sub-division of
Amritsar district. Although Dara Singhs ancestral village was Jauhal Raju Singh
Wala, he had lived for over 30 years in his in-laws village Pandori Gola. Dara Singhs
father Saudagar Singh had served in the army both under the British and after
independence. Dara Singh had three brothers; two who also served in the army have
died. Dara Singh participated in the political programs of the Akali Dal, although he
was not an active member. Dara Singh had four sons and two daughters.
Mehal Singh had studied until class VII, and then started working as an appren-
tice at the Tractor Repair Workshop of Malook Singh. Mehal worked there under
training for a period of about two years, until he was abducted. He would go to work
in the morning and return every day in the evening.
On the night of 17 to 18 June 1989 at about 12.30 a.m., a large police party from
Tarn Tarans City police station and the CRPF, led by DSP Sita Ram and Inspector
Sukhchain Singh, raided Dara Singhs house by scaling the walls. Some policemen
also climbed onto the roof. Because it was summer, the family was asleep in the
courtyard. The police woke them up and started beating the men with sticks, slaps
and kicks. The police made Dara Singh and his sons Gurmel Singh, Harmel Singh and
Nirvair Singh sit outside the house facing the wall. The police took Mehal Singh to
one side. For 20 minutes the family could hear Mehal Singh shrieking.
In the meantime the police searched the house, including trunks and other stor-
age boxes. The police stole two watches during the search. After about half an hour,
the police made all of them walk up to the road where seven to eight police vehicles
had been parked and the police and CRPF personnel were present in large numbers.
All of them were placed in vehicles. A short while later, the police brought Dilbagh
Singh s/o Ram Singh, also a resident of Pandori Gola, and made him sit in a vehicle.
Leaving some CRPF men at the house, the police took all of them to Tarn Tarans City
police station.
At Tarn Taran police station, the police made Dara Singh, Gurmel Singh, Harmel
Singh and Nirvair Singh sit on the verandah while they thrashed Mehal Singh with
lathis (sticks) under the supervision of DSP Sita Ram and Inspector Sukhchain
Singh. They were all detained at Tarn Taran that night and in the morning at 5 a.m.
they were taken to CIA Staff Tarn Taran. Immediately on arriving there, while Dara
Singh and his older sons were separated on one side, the police began to torture
Mehal Singh under the supervision of Inspector Gurdev Singh. The police tied
Mehal Singhs arms behind his back and then suspended him from the ceiling by his
arms, for half an hour at a time. He cried in pain. Then the police would lower him to
the ground, untie his arms, and interrogate him. In the meantime, the police put Dara
Singh, Gurmel Singh, Harmel Singh and Nivair Singh in a Gypsy van with some
policemen and took them back to Tarn Tarans City police station. On 19 June 1989,
the police released all four of them and they returned home.
From June 20 onwards, Dara Singh and eminent people of the area met the SSP of
Tarn Taran and DSP Sita Ram several times to try and secure Mehal Singhs release.
During these meetings Bachan Singh, resident of village Jauhal Raju Singh, also
accompanied them because a police party led by DSP Sita Ram had picked up his son
Charhat Singh on 18 June at 4 a.m. from their house. When Dara Singh and Bachan
Singh met the SSP of Tarn Taran, he told them that he would not release their sons
Mehal Singh and Charhat Singh because both of them were militants. And when
they approached DSP Sita Ram, he flatly denied custody of both boys. Each day
Dara Singh and Bachan Singh would go and sit outside the gates of CIA Staff Tarn
Taran and return home dejected in the evening.
Dara Singh told the Investigation Team that he and Bachan Singh would keep
track of the bodies the police brought for post-mortems to the hospital and the
cremation ground. On 24 June 1989 the police brought two bodies to the hospital.
However Dara Singh and Bachan Singh did not see those bodies, but by inquiring
from the doctor who gave them a description of the clothes on the bodies and others,
it became apparent that these were indeed bodies of Mehal Singh and Charhat
Singh. Despite any uncertainty, Mehal Singhs family performed his last rites on 24
June 1989, assuming that to be the day of his death.
The police did not give any official information to the families about the deaths of
Mehal Singh and Charhat Singh. Mehal Singhs brother Gurmel Singh was allegedly
killed in an encounter with the Haryana police in Ambala district on 11 July 1990.
Dara Singh submitted a claim for compensation for the death of Mehal Singh to
the National Human Rights Commission (NHRC) in response to their public notice of
22 January 1999.
73 74. Under serial nos. 320/231 and 321/232, the list shows two 25 October
1991 cremations carried out by the ASI of Beas police station under FIR no. 185/
91. The post-mortem report numbers are marked as SPG/FM/189/91 and SPG/
FM/191/91. The cause of death is given as police encounter.
formation about these cases. Dilbagh Singhs father Pooran Singh, a retired Junior
Commissioned Officer of the Indian army , is the main informant in this case
Dilbagh Singh alias Baga, son of Pooran Singh and Jagir Kaur, resident of village
Devidas Pur, Mehlan Wale, under Jandiala Guru police station in Amritsar district,
was a thirty-seven year old graduate working for a private firm at Bombay. He was
married to Manjit Kaur, a school teacher, and was the father of two daughters who
are now 17 and 15 and two younger sons, now 14 and 11. The family is well-known
and respected in the area because one of the ancestors, Baba Jwala Singh, had held
an important political position under the reign of Ranjit Singh, the powerful Sikh
State annexed to British India in 1849, and had received the right over the revenue of
Devidaspur village.
Dilbagh had gone to Mumbai to work for a private firm after obtaining his college
degree in 1978. Later, in partnership with another person, he also started a restaurant
specializing in Punjabi food. In 1981, Dilbagh got married to Manjit Kaur. In 1987,
Manjit Kaur and her four children returned to her husbands village and Dilbagh,
who continued to live in Mumbai for livelihood, began to visit them frequently.
Once in 1989, Amritsars CIA staff arrested Dilbagh when he was visiting his
family. They detained him illegally for 14 days and brutally tortured him. Then a
newspaper report announced his death in a supposed police encounter. The report
enraged the residents of his village so much so that, in large numbers, they sur-
rounded the Jandiala Guru police station to demand the body. The demonstrators
met Amritsars SSP Anil Sharma who told them that Dilbagh Singh had not been
killed and that he was under interrogation at the Mall Mandi Interrogation center.
Sharma promised to transfer him to Jandiala Guru police station.
Two days later, Pooran Singh met his son at the police station and saw that his
physical condition, from custodial torture, was very critical. DSP Gurmel Singh Bai
had carried out the torture. After some days, Dilbagh was implicated in a case under
TADA and sent to Amritsar jail. He was released on bail three weeks later.
The Jandiala police continued to pick up Dilbagh after his release from jail and
torture him in illegal custody. Dilbagh was finally fed up and left home to go under-
ground. Dilbaghs wife, together with her children, moved to Ludhiana where she
was selected as a teacher in a local school. She admitted her children to the same
school. The Jandiala police began to pick up his father and other family members
and torture them in illegal custody. Pooran Singh was also not allowed to cultivate
his land.
On 23 October 1991, Dilbagh visited his children at their school at Rahon in
Ludhiana district and then together with them, his wife Manjit Kaur and two of her
colleagues, left for Jalandhar city in a car. On the way, all of them were taken into
custody by a joint police force, comprising officers from Jalandhar, Amritsar, Banga
and Nawanshahar police station. The police separated Dilbagh from the others and
took him to some unknown place for interrogation. Manjit Kaur, her children and her
colleagues were taken to a Jalandhar police station where they met Amarjit Singh
Dehriwal in police custody.
In the night intervening the 24 and 25 October 1991, Dilbagh Singh and Amarjit
Singh of Dehriwal village were killed in an encounter faked by the Beas police sta-
tion. Their bodies were brought to the Beas police station where some relatives of
Amarjit Singh recognized them. Dilbaghs father, accompanied by members of the
village council, met the SSP of Majitha police district to request him to return his
sons body for a family cremation. The SSP only allowed him and other family mem-
bers to attend the cremation at the Durgiana Mandir cremation ground. The police
also obtained his signatures on some blank papers. Surprisingly, the police per-
formed the cremations of Dilbagh Singh and Amarjit Singh Dehriwal by claiming that
their bodies were unidentified.
The Jalandhar police held Manjit Kaur and her children in their custody until the
25
th
of October when they were dropped off at the town of Raiyya. From there, Manjit
Kaur went to her parental village where she found out about the killing of Dilbagh
Singh and Amarjit Singh. Her family members were later able to collect Dilbaghs
personal belongings, like his steel bangle, his golden ring and a chain, confiscated at
the time of his arrest, from Nawanshehar police station. Dilbaghs widow Manjit Kaur
continues to teach at the school in Rahon and her children too continue to study there.
75 76. Under serial nos. 231/347 and 232/348, the list shows two 28 October 1992
cremations carried out by Sultanwind police station. There are no FIR numbers or
post-mortem report numbers. The cause of death is given as bullet injuries.
information about one of these cases. The main informant is the victims mother
Surjit Kaur.
Eighteen-year old Pargat Singh alias Laati, son of Mangal Singh and Surjit Kaur,
was a young agricultural worker in a poor Jat Sikh family from Sohian Kalan village,
Uchchi Patti, under Majitha police station in Amritsar district. The youngest in the
family with four brothers and sisters, Pargat Singh gave up school without complet-
ing his primary education and began to work as an agricultural laborer in peak sea-
sons. He also worked in a cloth mill. He was unmarried. Pargat Singh did not have
any association with the militant movement and had never been arrested or inter-
rogated before his death.
In October 1992, Pargat Singh had been planning to attend the festival of
Diwali at Anandpur Sahib, celebrated traditionally in the last two days of the dark
half of the lunar cycle towards end of October or early November. The festival
commemorates the founding of the Golden Temple at Amritsar and the release of
the sixth guru, Guru Hargovind in 1619 from his imprisonment under then Mughal
rulers of India at Gwalior fort. The main celebration, with illumination of the temple
with clay oil lamps and candles, was scheduled for 29 October. Two days before
the event, Pargat Singh went to Amritsar to do some shopping, but did not return
home. His family members assumed that he might have left for Anandpur Sahib
directly from Amritsar.
A few days later, people in the village talked about an encounter near Boruwal
in which Pargat Singh of Sohian Kalan and three others had been killed. Pargats
family members panicked and made inquiries. Some policemen residents of the
village seemed to confirm the rumour. Others who had gone to Anandpur Sahib for
the festival said they had not seen Pargat. Surjit Kaur then contacted the relatives
of the other boys killed along with her son and found out that all of them had been
arrested from a tea-stall in Sultanwind area of Amritsar.
The attendants of the Durgiana Mandir cremation ground told Surjit Kaur
that the relatives of the other boys had already collected the ashes. Surjit Kaur
could not remember the names and addresses of the others killed and cremated
along with her son.
It is difficult to identify the corresponding cremations on the basis of the infor-
mation that Surjit Kaur is able to provide. The CBIs list of identified cremation,
Under serial no. 349/61, shows that SHO Surinder Singh of Sultanwind cremated one
Pratap Singh under FIR no. 42/92. Fathers name given in the list is Charan Singh
Khumiyar and the village is mentioned to be Pandori. That clearly is the case of
Pratap Singh, son of Charan Singh from Pandori Mehma village discussed in the
connected chapter and mentioned in the CCDPs incident report form no. 01169. The
list of unidentified cremations, Under serial nos. 230/345 and 231/347, shows two
connected cremations carried out by the Sultanwind police on 28 October 1992. It is
probable that one of these cremations includes the body of Pargat Singh.
77 79. Under serial nos. 252/401, 253/402, and 254/403, the list shows three 5
May 1991 cremations carried out by the inspector/SHO of Tarn Tarans City police
station. There is no FIR no. The post-mortem report numbers are PS-55/91, PS-
56/91, and PS-57/91. The cause of death is given as fire arm injuries.
lowing information about these cases. The main informants in these cases are Joginder
Singh, father of Balwinder Singh, and Gurmeet Kaur, mother of Manjit Singh.
Twenty-five year old Balwinder Singh alias Billa, son of Joginder Singh and
Kailash Kaur, was a young farmer resident of Bundala village, Lakhu Wala Khooh,
Patti Masoor, under Jandiala Guru police station in Amritsar district. He was unmar-
ried. Belonging to a poor family with seven brothers and sisters, Balwinder had
abandoned school after the primary level to help his father with his agricultural work.
According to Balwinders father, the June 1984 Army operation against the Golden
Temple of Amritsar left a deep imprint on his mind, and Balwinder began to take
interest in the politics of Sikh resistance that developed in the wake of the attack.
The Jandiala Guru police became suspicious and started harassing him and his
family members. Balwinder was arrested on two occasions and, following illegal
detention and torture that lasted several days, the police implicated him in criminal
cases and sent him to jail. The police continued to harass him each time he came out
on bail, holding him in illegal detention and torturing him in custody. Balwinder
continued to suffer these atrocities realizing that by becoming a fugitive he would
expose his family members to greater suffering.
Twenty-six year old Manjit Singh, son of Mohinder Singh and Gurmeet Kaur,
from Bundala village, Patti Hindun Ki, Maliwala Khooh, under Jandiala Guru police
station in Amritsar district, was a young unmarried farmer who had been arrested
by the police in 1988 on the charge of sheltering militants. He remained in jail for
21 months and was released on bail at the beginning of 1990. Balwinder and Manjit
were friends.
Around 4 p.m. on 9

or 10

April 1991, Balwinder and Manjit, together with another
resident of the village known as Billa, son of Ajit Singh, traveled together to Tarn
Taran. On the way, near village Pakho Ke, a police team, led by SP (operations) Khubi
Ram and SHO Major Singh of Tarn Tarans City police station, arrested them. The
people who witnessed the incident immediately informed the families. It was already
very dark and the families were unable to take any action that night.
The next morning, the family members of all three boys went to Sadar police
station and talked to the SHO who, however, denied having arrested them. They also
met SP (operations) Khubi Ram who refused to give any information. A relative of
Manjit Singh, a BSF deputy superintendent, too tried to get some information from
SP Khubi Ram, but to no avail.
The three boys have since disappeared. Nothing could be found out about their
whereabouts and their fate. Joginder Singh and Manjits mother Gurmeet Kaur be-
lieve that the police killed them in custody and got rid of their bodies after declaring
them to be unidentified.
It is reasonable to suggest that these cremations recorded in the CBIs list indi-
cate that Balwinder, Manjit and Billa were killed and their bodies disposed of as their
families suspect they were.
Three months after this incident, Manjits father Mohinder Singh was gunned
down outside his house by some men in plainclothes. The police claimed that
the Sikh militants committed the murder. However, the compensation customarily
paid by the government to victims of militant violence was not given to Mohinder
Singhs widow.
80. Under serial no. 250/378, the list shows one 26
June 1993 cremation carried out by SI Mohinder Singh
of Amritsars Sadar police under FIR no. 115/93.
The post-mortem report number is GM/FM-1155/93.
01166 reveals the following information about this case.
The victims brother Harpal Singh is the main informant
in the case.
Twenty-one year old Dilbagh Singh alias Baga, son
of Bakhshish Singh and Kulwant Kaur, was a police
constable from Nangali Naushehra village, Rabban Da
Dera, under Sadar police station, in Amritsar district. Dilbagh was unmarried. Dilbagh
had joined the Punjab police as a constable soon after passing his higher secondary
school examination in 1991. Initially, he was posted in Gurdaspur district. Later, he
was transferred to the Company Bagh Police post in Amritsar city.
In the night intervening the 22
nd
and 23
rd
of June 1993, around 1 a.m. a large police
force led by DSP Mohinder Singh Fauji and SHO Mohinder Singh Karikki of Sadar
police station in Amritsar city raided Dilbagh Singhs house while he was on duty at
his police post. The family members were surprised when the officers asked for
Dilbagh and they told them that he was on night duty at the Company Bagh Police
Post. The officers took his father Bakhshish Singh, his three brothers, and Dilbaghs
cousin into custody and drove with them to the Company Bagh Police Post. All of
the family members stayed in the police vehicle while the officers went out to arrest
Dilbagh. They brought him out of the police post with his hands tied behind his
back, pushed him into a separate vehicle and drove to Sadar police station. Dilbagh
was locked up in a single cell. His family members were confined in a separate room.
Some hours later that same night, Dilbagh was taken out of the cell. His removal
was witnessed by his father and other family members locked up in a different room.
No officer came to interrogate them. On 28 June 1993, members of the village council
intervened to get them released. While letting them out, SHO Mohinder Singh Karikki
looked remorseful. He said: You have suffered a great loss, indicating that Dilbagh
had been killed.
According to Harpal Singh, his brother was not involved in any kind of militant
or political activities and performed his duties as a policeman conscientiously. Dilbagh
did not like to participate in operations that involved torturing and killing people.
Some of his superiors interpreted his refusal to associate with special operations as
a sign of sympathy for the militant cause. Dilbaghs two cousins, Rajinder Singh and
Hardial Singh, sons of Ajit Singh from Nangali Naushera village in Amritsar district,
had been involved with the militant underground. Although Dilbagh had no asso-
ciation with them, his superior officers always teased him about the relationship.
The family does not know what happened to Rajinder Singh and Hardial Singh, who
also disappeared.
81. Under serial no. 209/165, the list shows one 7 January 1991 cremation carried
out by SI Rajinder Singh of Beas police station under a No. 6.1.1991. The
Dilbagh Singh
post-mortem report number is listed as GM/257/91 7.1.1991. The cause of death is
given as encounter.
formation about this case. The main informant is the victims father Inder Singh, a
retired Army officer.
Nineteen-year old Gurjeet Singh, son of Inder Singh and Gurmeet Kaur, was an
electronic technician from village Thathian, post office Sathiala, near Gurdwara Kala
Mehar, under Beas police station, in Baba Bakala sub-division of Amritsar district.
After completing his Higher Secondary School examination, Gurjeet joined a techni-
cal institute at Amritsar and obtained a diploma in repairing televisions and other
electronic gadgets. He opened an electronic repair shop in the town of Baba Bakala,
about one kilometer from his village. Gurjeet had no involvement with the militant
movement then raging in Punjab.
In the afternoon of 6 January 1991, Gurjeet was resting at his house because it
was Sunday and his shop was closed. Around 2 p.m. Kulwant Singh, son of Bachan
Singh of Jalal Usman village, came to his house and requested Gurjeet to accompany
him to his village to repair his broken video player. Kulwant Singh had come on his
scooter and promised to drop him off after the repair. Gurjeet collected his tools and
went with Kulwant Singh. He did not come back home that night.
Inder Singh became worried and did not know what to do.
On 8 January 1991, Inder Singh received a message from a village resident Kulbir
Singh saying that he had seen his son Gurjeets body at the Mall Mandi Interroga-
tion center in Amritsar. Immediately, Inder Singh went to village Jalal Usman and
found out that Gurjeet did not reach Kulwant Singhs house in the afternoon of 6
January. Inder Singh then went to Beas police station but the officers there denied
having arrested him. Then he met the DSP of Baba Bakala who said that one young
militant had been killed in an encounter with the CRPF that had taken place near
village Thathian and asked him to come to identify his clothes at the Beas police
station. Inder Singh went back to Beas police station and recognized the clothes
belonging to his son. The police officers said that they did not know how he
was actually killed as the body had been brought to the police station by the
CRPF personnel.
A newspaper report that appeared on 8 January 1991 said that an unidentified
militant committed suicide by consuming cyanide when surrounded by the police.
Inder Singh later found out that Gurjeet and Kulwant Singh were arrested by a
joint team of Punjab police officers and the CRPF who had set up a checkpost at
village Dhardeo on 6 January 1991 when they were on their way to village Jalal
Usman. They were immediately separated and sent to the Mall Mandi Interrogation
center in Amritsar. Kulwant Singh was released on 11 January 1991.
According to Inder Singh, his wife Gurmeet Kaur could not cope with the trauma
of Gurjeets disappearance and the report of his death and became terminally ill. She
died in February 2002.
82 - 83. Under serial nos. 218/324 and 219/325, the list shows two 5 August 1992
cremations carried out by D Division police in Amritsar. There is no FIR number.
The post-mortem reports are labeled GM/FM/819/20 and GM/FM-820/92. The
The committees incident report form no. CCDP/01183 reveals the following infor-
mation about these cases. The main informant is Satinder Singhs mother Manjit Kaur.
Sixteen-year old Satinder Singh alias Rinku, son of Gurbakhsh Singh and Manjit
Kaur, was a welding mechanic resident of House No. 253, Gali No. 1, Shaheed Udham
Singh Nagar under B division police station in Amritsar city. He was unmarried.
Satinder was a clean-shaven Sikh and not particularly religious. His father was physi-
cally handicapped and used to drink heavily. Satinder worked to support the family.
Early in the morning of 7 July 1992, around 5 a.m. a large group of police officers,
led by SHO Charan Das of B Division police station, raided Satinders house and
took him away in their custody. The arrest was witnessed by all members of the
family. The morning of the next day, the same group of officers came back to the
house for a search. Satinder was also with the police officials, but he was not allowed
to talk to any one in the family. The police officials, along with Satinder, went away
after confiscating all of the furniture and other valuable belongings in the house.
While the search was in progress, Satinder was seen in police custody by many
residents of the village. According to Manjit Kaur, the police also arrested Avtar
Singh, son of Lakhbir Singh and a resident of Shaheed Udham Singh Nagar in Amritsar.
Two days later, a group of police constables came to the house again and took
Manjit Kaur with them to B Division police station where SHO Charan Das showed
her a pistol, allegedly recovered from her son. She also saw Satinder in the police
lock-up.
For the next one month, Manjit Kaur daily went to B Division police station and
talked to SHO Charan Das and his clerk Surinder Singh several times. The officers
gave vague answers when she asked when they planned to release her son. After
approximately one month, the SHO asked her to take back some of the household
furniture that had been confiscated the day after Satinders arrest. He also gave her
Rs. 10 to hire a vehicle to return to her house along with her furniture. The SHO told
her not to come back to the police station again. She did not know what happened to
her son. Avtar Singh, arrested from his house a day after Satinders abduction on 7
July 1992, also disappeared.
Nearly two years after the incident, two constables from Lahori Gate police sta-
tion in Amritsar came to her house to make inquiries about various members of the
family. They also told her informally that Satinder had been killed.
84. Under serial no. 369/251, the list shows one 21 March 1992 cremation carried
out by ASI Amrik Singh of Mehta police station. There is no FIR number. The
post-mortem report is marked as GM/FM/678/92. The cause of death is given as
police encounter.
formation about this case. The main informant is the victims father Gurbans Singh,
former head constable of the Punjab Police.
Twenty-three year old Sarabjit Singh, son of Gurbans Singh and Harbhajan Kaur,
was a former Punjab police constable from Wadala Kalan village, Mian Ki Patti,
under Beas police station in Baba Bakala sub-division of Amritsar district. Sarabjit
finished his higher secondary school education and then joined the Punjab police as
a constable. Posted in Gurdaspur district, Sarabjit was assigned the duty of a driver.
Within some months of joining the force, Sarabjit became very disturbed about
what he saw of police brutalities. Being a driver, his duty required him to take the
officers to various police stations in the district where he saw how young Sikhs held
illegally were tortured under interrogation. He also witnessed several fake encoun-
ters. Sarabjit talked to his father about these experiences and told him that he could
not bear to work for a police force that behaved so inhumanly with his fellow Sikhs.
Both Sarabjit and his father resigned from the police service in February 1990.
According to Gurbans Singh, Sarabjit started developing contacts with members
of the Sikh militant underground. The police found out and started raiding his house
to arrest him. Sarabjit managed to dodge his arrest and left his house. The police
illegally detained and brutally tortured his father and brothers at Mall Mandi Interro-
gation center in Amritsar.
On 4 August 1990, Sarabjit was arrested from village Thathian and interrogated
in illegal custody that lasted two weeks under terrible torture. He was then implicated
in several criminal cases under TADA and sent to jail. Sarabjit obtained a bail order
on 7 May 1991. Gurbans Singh met SSP Paramjit Singh and requested him to instruct
his police force not to harass his son with illegal arrest and custodial torture and to
let him and his family live in peace. The police continued to pick him up regularly for
interrogation. But he was spared of torture.
On 19 March 1992, a team from Mehta police station, led by ASI Ram Lubhaya
and Sub-inspector Gurdeep Singh, came to Sarabjits house and took him away for
an interrogation. These illegal arrests for interrogation had become fairly routine and
Gurbans Singh had become somewhat used to them. He assumed that the police
would release his son, as in the past, after some days of interrogation.
On 21 March 1992, several Punjab newspapers prominently carried a report to
announce that a well-known militant Sarabjit Singh had been killed in an encounter
near village Pallah. Gurbans Singh, accompanied by several village elders, went
to Mehta police station and requested the officers to return the body for its crema-
tion. But the officers refused. Gurbans Singh became very emotional but his rage
had no impact. The police officials carried out the cremation at Durgiana Mandir
cremtion ground.
85 90. Under serial nos. 629/1973, 630/1074, 631/1075, 632/1076, 633/1077,
and 634/1078, the list shows six 15 October 1993 cremations carried out by SHO
Subha Singh of Verowal police station under FIR no. 61/93. The post-mortem
report numbers are PS-22/93, PK-23/93, PK-24/93, GSD-26/93, GSD-27/93, and
PS-23/93. The cause of death for the first cremation is given as police encoun-
ter, and the cause of death for the rest is firearm injuries.
information about these cases. The main informant is Jagtar Singhs wife Sukh-
winder Kaur.
Twenty-six year old Jagtar Singh alias Jagga, son of Bawa Singh and Bhajan
Kaur, was a Mehra Sikh from village Tarsikka, Patti Watalian Di, under Mattewal
police station, in Baba Bakala sub-division of Amritsar district. An Amritdhari Sikh,
he worked for the Punjab government in a cooperative society. He was married to
Sukhwinder Kaur and they had one son.
As a student, Jagtar Singh was a member of his schools chapter of the Sikh
Students Federation. The police arrested him once and charged him with practicing
sorcery. After his release, the police arrested him again, registered a case against him
and sent him to Amritsar jail. After his acquittal a year later, the Punjab government
gave him his job in the co-op society.
On 7 October 1993 at about 4 p.m. armed policemen in plain clothes came to
Jagtar Singhs house. Three knocked on his door, while another remained seated in
their vehicle. When he identified himself to the police, one of the policemen kicked
Jagtar Singh, causing him to drop the glass he was holding. The police forced Jagtar
Singh and Balraj Singh, son of Bhajan Singh, who was sitting nearby, into their white
Maruti car.
That evening, Jagtar Singhs father, accompanied by other people, met SHO
Raghbir Singh Makhi at Mattewal police station. The SHO told them that the CIA
Staff at Tarn Taran had taken away his son. Their delegation approached the CIA
staff but did not receive any information.
Balraj Singhs family members managed to secure his release four days later.
Balraj told Jagtar Singhs family that they were separated from each other after reach-
ing Tarn Taran. Jagtar Singhs family continued to persist in their attempts to secure
his release. Initially, the SSP and other police officers reassured them that they would
release Jagtar Singh.
On 16 October, newspapers, relying on claims made by the SSP of Tarn Taran,
Ranbir S. Khatra, reported that a militant Jagtar Singh Jagga was killed in the cross
fire when militants attacked the police party taking him for the recovery of weapons
at 4 a.m. The firing allegedly lasted for three hours. The police also killed all five
unidentified militants who attacked the police party. The news reports fully identi-
fied Jagtar Singh, giving his name, his fathers name, and his village.
A Hindustan Times correspondent visited Jagtar Singhs house and then filed a
report alleging that the encounter had been faked by the police. Other newspapers
picked up on this incident.
The police did not inform Jagtar Singhs family about his death or return his
body to them. Despite the polices full knowledge of Jagtars identity, and the news
reports fully identifying him, the CBI included his cremation in their list of unidenti-
fied cremations.
31 March 1993 cremations carried out by the Mehta police. There are no
FIR numbers or post-mortem report numbers. The cause of death is given as
police encounter.
formation about these cases. Charan Kaur, the mother of Surjit Singh, is the main
informant in these cases.
Surjit Singh, son of Dalip Singh and Charan Kaur, was an illiterate Mazhabi Sikh
resident of village Kotli Dhole Shah, under Kathu Nangal police station, in Amritsar
sub-division and district. He was married to Raji and had a son and a daughter. Surjit
Singh was the eldest among two brothers and four sisters. He worked as a labourer
and did not have any political or militant background. He was a clean-shaven youth.
On 20 March 1993, a police party of Kathu Nangal police station, led by SHO
Dilbagh Singh and head constable Kuldeep Singh, raided Surjit Singhs house. The
police entered the house by scaling the walls and opened the door of the house.
They woke up Surjit Singh who was sleeping with his young child and directed him
to accompany them. On being asked by his parents as to why they were arresting
and taking him away, the police said that they wanted him to show them the way to
some place and that they would release him soon. The family continued to wait for
Surjit Singh but he did not return home. The same police party arrested Preetam
Singh s/o Udham Singh, Balwinder Singh s/o Ratan Singh, and Mukhtiar Singh
Mukha of the same village during that night.
On the following day, the village Panchayat and the family members went to
Kathu Nangal police station to pursue the cases of the arrested men. The SHO
assured them that the men would be released after interrogation. The families and the
panchayat continued to visit the police station daily. On the third or fourth day on
March 23 or 24, as the family members of the arrested men stood outside the police
station, the police made the men board a vehicle and asked the family members to go
home. Thereafter, whenever the family members came to make enquiries at the sta-
tion, the police used to say that they had sent the detainees to Mall Mandi interro-
gation center or were lodged at Ram Bagh police station.
Balwinder Singh s/o Ratan Singh, Harbans Singh, resident of Ghaseetpura, Mangal
Singh s/o Teja Singh, resident of Nangali Naushehra, and another man were shown by
the Kathu Nangal police as having been killed in an encounter near village Sehanewali
on 29 March 1993. The CBIs list of partially identified cremations lists their crema-
tions, with the fourth man partially identified as Jagtar Singh, s/o Dharam Singh, Under
serial nos. 590/93, 591/94, 592/95, and 593/96. There are no FIR nos. or post-mortem
On 30 March 1993, the Mehta police reported that the police killed Surjit Singh
and Preetam Singh, s/o Udham Singh, in an encounter near village Dandel under
Mehta police station. The Punjabi daily newspaper Jagbani dated 1 April 1993 re-
ported the killing of three militants the previous night in an encounter with the secu-
rity forces near village Tanek (Dandel) under Mattewal police station. Two of them
were identified as Preetam Singh s/o Udham Singh and Surjit Singh s/o Dalip Singh,
both residents of Kotli Dhole Shah. The police recovered one double barrel gun, one
12 bore pistol, three watches, two rifles and electric motors from the site of the encoun-
ter. According to the police, all three of them were robbers. These unidentified crema-
tions probably represent the cremations of Surjit Singh, Preetam Singh, and Mukthiar
Singh. Balwinder Singhs cremation already figures in the partially identified list.
The police did not hand over the bodies to their family members. After reading
the news report, when the family members and other villagers enquired at Kathu
Nangal police station, the police said they had already released them.
94. Under serial no. 399/619, the list shows one cremation on 22 January 1992
carried out by inspector Gurdev Singh, CIA Tarn Taran, of Sarhalli police station
under FIR no. 9/92. The post-mortem report number is PS-03/92. The cause of
death is given as firearm injuries.
The committees incident report form no. CCDP/01231 provides the following
information about this case. The main informant is the victims wife Jagir Kaur.
Forty-year-old Gulzar Singh, son of late Harnam Singh and late Phinno, was a
Mazhabi Sikh resident of village Rataul, Mazhabian di Patti, under Tarn Tarans City
police station, in Tarn Taran sub-division of Amritsar district. He was married to
Jagir Kaur and they had two sons and a daughter. Gulzar Singh was a Naik in 2 Sikh
Light Infantry. He did not have any links with political or militant activities. However,
his younger brother, Dilbagh Singh, had been arrested by the police because they
suspected he had links with militants and they had registered a case against him.
Gulzar Singh, however, did not have any connection with the activities of Dilbagh
Singh. Both brothers were married and used to live separately.
In April 1991, while Gulzar Singh was at home on leave, a large force of police and
security forces surrounded the village. The police suspected that some militants
were hiding inside the village. They conducted a house-to-house search, including
Gulzars brother Dilbagh Singhs house in his absence. As Gulzar Singh was his
neighbour, the police asked him about his brother. Gulzar Singh replied that he did
not know anything about him. On hearing this, the police started beating Gulzar
Singh, arrested him and took him away. They also put Gulzar Singhs house on fire,
burning all of his household items. The police assembled all the men of the village at
one place. In the meantime, the police arrested Gulzar Singhs brother Dilbagh Singh
also from the fields.
Gulzar Singh sustained serious injuries on his head from the police beating. The
police handed him over to the Dogra Regiment of the army , on field duty in the area
of Tarn Taran. The army unit provided first aid to Gulzar Singh and sent him back to
his unit at Jammu. His wife and children also accompanied him to Jammu where he
was allotted a quarter. Gulzar Singh complained against the ill treatment meted out to
him and the head injuries inflicted by the police to his CO. The CO wrote a letter of
protest to the SSP of Tarn Taran. In reply, the SSP Tarn Taran wrote that they wanted
Gulzar Singh in connection with the murder of some police officers and that he be
handed over to the police.
One day, an army officer came to their quarter along with three to four jawans and
took Gulzar Singh away. When Gulzar Singh did not return for a month, his wife met
the officer but did not receive any clear answers. Jagir Kaur waited for two months
and when she ran out of money, she returned to the village. However, she was never
told by anybody that the army authorities had handed Gulzar Singh over to the Tarn
Taran Police. The family learnt about this a long time after this incident when the
army authorities wrote in reply to their letters that Gulzar Singh had been handed
over to the SSP of Tarn Taran. And the SSP Tarn Taran had intimated to Gulzar
Singhs unit (Dogra Regiment) in Jammu by a letter dated 23 January 1992 that Gulzar
Singh had escaped from their custody on 22 January 1992 while he was being taken
to the Civil hospital for treatment.
The army authorities did not pay Gulzar Singhs service benefits to his family
because the family could not produce proof of his death. In order to get justice in
this matter, his family wrote letters to the army authorities of 2 Sikh Light Infantry
apart from the army headquarters, the President of India and other senior officers.
Nobody listened to them.
Gulzars wife was illiterate. She was able to take some action in this matter with
the help of some relatives who have retired from the army . She was making both
ends meet by doing menial jobs and there was no money to pursue the case. Other
family members who have disappeared or been killed by the police include: Gulzar
Singhs brother Dilbagh Singh, son of Harnam Singh; his nephew Gurmej Singh, son
of Dara Singh; and his nephew Angrez Singh, son of Kundan Singh.
95. Under serial no. 29/67, the list shows a cremation on 29 December 1988,
carried out by SHO Mohinder Singh of Valtoha police under FIR no. 163/88. There
is no post-mortem report number. The cause of death given is encounter.
formation about the cremation. Gurpartap Singh, the nephew of Bagicha Singh, is
the main informant in this case.
Twenty-two-year-old Bagicha Singh, son of Surta Singh and Sawinder Kaur, was
a resident of village Asal Utar, Kasson Ka Qila, under Valtoha police station, in Patti
sub-division of Amritsar district. He was unmarried.
Bagicha Singhs father was a poor Jat farmer, a father of five sons, with just five
acres of land. In 1987, while Bagicha Singh was a student, he became interested in
the Sikh militant movement. When the police started raiding his house to arrest him,
he deserted his house to join the militant underground.
On 27 December 1988, Bagicha Singh, along with an associate, had taken shelter
at the farm house of Mahal Singh at village Cheema. Around 6 p.m. that day, the
Valtoha police surrounded Mahal Singhs farmhouse and arrested both of them.
Since the police did not take any action against Mahal Singh, the family suspects
that he may have informed the police about his visitors. The police interrogated
Bagicha Singh and his companion for some hours and then killed them in a faked
encounter early in the morning. Newspapers published on December 29 and 30
reported that two unidentified militants had been killed in the encounter. The police
carried out their cremations without informing the family. It is not clear what hap-
pened to the second body.
According to Gurpratap Singh, the police continued to harass the family for
some time, holding Bagicha Singhs father and brothers in illegal custody and releas-
ing them only after getting bribes.
96. Under serial no. 240/188, the list shows one cremation on 18 March 1991 that
was carried out by the Beas police. There is no FIR no. or post-mortem report
number. The cause of death is given as police encounter.
formation about this case. The main informant is the victim Satnam Singhs widow
Randhir Kaur.
Satnam Singh, son of Jagtar Singh and Bachan Kaur, was a 30-year-old farmer
from village Sadhpur, under Mehta police station in Amritsar district. However,
he used to live at his mothers ancestral village Fattu Bheela, post office Babowal,
under Kathu Nangal police station, because his grandparents did not have
any male offspring. Satnam, a baptized Sikh, was married to Randhir Kaur and
had two daughters and two sons. The eldest daughter Kulwant Kaur is now 24.
The youngest, Rajminder Kaur, is 18.
In 1989, some militants began to visit Satnams farmhouse for shelter and food.
Later, the police arrested some of them who, under torture, revealed Satnams name.
Satnam dodged the police when they raided his house. Several residents of his
village had been arrested and tortured for similar reasons, and Satnam did not want
to suffer the same fate. Eventually, he left home and went away to Delhi.
In early March 1991, the Majitha police arrested Satnam Singh from the Bangla
Sahib Gurdwara at Delhi and brought him back to Punjab. He was interrogated at the
Mall Mandi interrogation center and at Beas police station. The family members sent
telegrams to higher authorities in the state informing them about Satnams illegal
arrest and interrogation. He was later produced before a court for cases registered
against him under TADA.
On 19 March 1991, several newspapers in Punjab published a statement issued
by SSP Paramjit Singh Gill of Majitha police district claiming that a group of militants
attacked the police convoy that was taking Satnam Singh and another militant to
Sathiala village to recover their weapons, provoking an encounter in which Satnam
Singh was killed. The police disposed of the body without informing the family.
5 January 1993 that were carried out by Kathunangal police under FIR no.
2/93. There are no post-mortem report numbers. The cause of death is given as
police encounter.
The committees incident report form no. CCDP/01255 reveals the following facts
in this case. The main informant in this case is Avtar Singhs cousin Paramjit Kaur.
Twenty-year-old Avtar Singh, son of Joginder Singh and Preetam Kaur, from
village Sehzada, under Kathu Nangal police station, in Amritsar district, was a
Mazhabi Sikh laborer who worked at Dana Mandi, a grain market, Bhagatan Wali, in
Amritsar. He was unmarried. Avtars father had died when he was very young.
Although he managed to finish his school, Avtar could not find any job and had to
become, along with his brother, a laborer for his livelihood. He had no political links.
In October 1992, the Kathu Nangal police raided his village home to arrest Avtar
Singh. Avtar, who was in Amritsar at that time, feared the police and did not return
home after the raid. In the night of 1 January 1993, a joint force of the Kathu Nangal
police and the CRPF arrested Avtar from the Dana Mandi at Amritsar. A large number
of his fellow workers and others in the area, including his uncle Surjit Singh, wit-
nessed his arrest. When the family members went to Kathu Nangal police station to
inquire about Avtar, the police told them he was under interrogation at the Mall
Mandi interrogation center.
The newspapers of 6 January 1993 published a report about an encounter near
village Sehzada in which the police claimed to have killed two militants, Avtar Singh
Tari and Sarabjit Singh. The police cremated the bodies without informing the family.
Although the newspaper reports carried the names of the killed militants, showing
that their identities were clearly established, the Kathunagal police cremated the
bodies on 5 January 1993 at the Durgiana Mandir cremation ground as unidentified
and unclaimed.
Surjit Singh, Avtars uncle, collected his ashes from the Durgiana Mandir
cremation ground. Since he also worked at the Dana Mandi in Amritsar, he had
witnessed Avtars arrest.
99. Under serial no. 534/854, the list shows one cremation on 25 September
1992 carried out by SHO Harvinder Singh of Bikhiwind police station under FIR
no. 71/92. The post-mortem report number is KS-69/92. The cause of death is
firearm injuries.
formation about the case. The main informant is the victims mother Harbans Kaur.
Sarwan Singh, son of Gurmej Singh and Harbans Kaur, was a 25-year-old Mazhabi
Sikh farm worker from village Sargara, post office Preet Nagar, under Lopoke police
station, in Ajnala sub-division of Amritsar district. He was married to Amarjit Kaur,
who has since remarried, and was the father of a daughter Sukhwant Kaur.
During the February 1992 elections to the Punjab legislative assembly, Sarwan
was recruited as a body-guard for a candidate Joginder Singh of Bhullar village who
belonged to the Bahujan Samaj Party and was also the head of his village council.
After the elections, the police registered a complaint against Sarwan Singh alleging
that he absconded along with the rifle that had been issued to him as Joginder
Singhs body-guard. The police arrested his family members, including his mother
and wife, and interrogated them for information about his whereabouts.
On 24 September 1992, the police arrested Sarwan Singh near the Chheharta
Sugar Mill and killed him the same night in a fake encounter near village Bhikhiwind
along with two other unidentified persons. Two Punjabi newspapers, Ajit and Jagbani,
identified Sarwan Singh by his name and the village of his residence in a report
published on September 26. The other two were described as unidentified militants.
The CBIs list of identified cremations, Under serial no. 230/855, mentions the
cremation of Surjit Singh, son of Sajan Singh of Khalra village, carried out by the
Bhikhiwind police on 25 September 1992 under the same FIR no. 71/92.
100. Under serial no. 428/265, the list shows one cremation on 24 June
1993 carried out by the Mehta police under FIR no. 69/92. The post-mortem
report number is marked as GM/341/92. The cause of death is given as
police encounter.
The committees incident report form nos. CCDP/01288 and 01289 reveal the fol-
lowing facts in this case. The main informant is the victims brother Kulwinder Singh.
Thirty-six-year-old Harjinder Singh, son of Moola Singh and Gurmej Kaur, was a
prominent leader of the Sikh Students Federation and resident of village Khabbe
Rajputan, under Mehta police station, in Baba Bakala sub-division of Amritsar dis-
trict. He was married to Kulwinder Kaur and had a six-month-old daughter
Mansimranjit Kaur.
In 1982, Harjinder, an Amritdhari Sikh student of the Khalsa College at Amritsar,
became an active member of the Sikh Students Federation and began to associate
with Jarnail Singh Bhindranwale, Amrik Singh, then president of the Federation, and
Harminder Singh Sandhu, its general secretary. Harjinder was under arrest when the
June 1984 military operation occurred and he completed his M. A. degree by appear-
ing for examination as a prisoner.
The political developments in the state after June 1984 increased his sympathies
with the Sikh militant resistance and, in 1990, he went underground after forming an
armed organization called Khalistan National Army . For the next two years, his
family members suffered enormously under police harassment, illegal detention for
prolonged periods and torture under interrogation. His wifes family, living in Gobindgarh
Mohalla of Jalandhar city, were also not spared. Kulwinder Kaur, a teacher in a primary
school, was forced to quit her job. But Harjinder and his wife Kulwinder Kaur managed
to live anonymously in a rented house in Jalandhar since 1990.
In the last week of March 1992, SHO Surjit Singh of Mehta police station raided
Harjinders village house and took his brother Kulwinder, and his maternal uncles,
Jagga Singh and Gurmukh Singh, into illegal custody. Under torture, the SHO forced
them to reveal the residential address of Kulwinder Kaurs parents house in Jalandhar
and arrested her father Jagir Singh and their daughters. The police tortured them and
forced them to reveal the residential address of Harjinder Singh. In a midnight
swoop, led by SSP Paramjit Singh Gill and SHO Surjit Singh of Mehta police station,
the police arrested Harjinder Singh and his wife on 5 April 1992. Their six-month-old
daughter was handed over to Kulwinder Kaurs sister.
Harjinders father Moola Singh and a number of other relatives were already in
illegal police custody. Some of them were detained at Amritsars Mall Mandi interro-
gation center and other at the Beas Police Station.
Harjinder and his wife were killed in an encounter staged by the Mehta police on
23 June 1992. However, the CBIs list of unidentified cremations, Under serial no. 428/
265, shows only one cremation on 24 June 1992, carried out by the Mehta police
under the FIR no. 69/92.
The police released Harjinders father, his father-in-law and other relatives, 20
days after Harjinders arrest. They released his brother Kulwinder three days after
the alleged encounter. His parents had to pay a huge amount of money to SHO Surjit
Singh to save Kulwinder Singhs life.
101 103. Under serial nos. 161/123, 162/124, and 163/125, the list shows three
cremations on 27 July 1990 and were carried out by SHO Malhar Singh of Mehta
police station under FIR no. 87/90. There are no post-mortem report numbers. The
formation about these cases. The main informant in the case is Harjit Singhs father
Harbhajan Singh.
Twenty-four-year-old Harjit Singh, son of Harbhajan Singh, resident of Bhoa
village, post office Mattewal, in Baba Bakala sub-division of Amritsar district, was
the owner of a private taxi. He had no political background and had never been
arrested or interrogated. Harjit was unmarried.
On 26 July 1990, two armed militants kidnapped Harjit from his residence and
forced him to drive them in his car. The same group of militants later kidnapped
Kashmir Singh from his residence in East Mohan Nagar of Amritsar city and then
compelled Harjit to drive towards Jhabbal. A CRPF patrolling vehicle intercepted the
car at the Khazana Gate in Amritsar. Both Harjit and Kashmir Singh started shouting
for help even as the militants tried to escape. The CRPF patrol started firing with a
light machine gun mounted on their jeep and killed both the militants and also Kash-
mir Singh and Harjit Singh. The incident was witnessed by a large number of local
residents.
DGP K. P. S. Gill issued a press statement incorrectly identifying the kidnapped
person as Gurbachan Singh and claiming that all others were militants who the police
had killed after a fierce encounter. The statement was published in all the newspa-
pers in Punjab.
The police carried out Harjits cremation without informing the family. The lists
of identified and partially identified cremations do not show the cremation of Kash-
mir Singh, identified in the newspaper report as Gurbachan Singh. Hence, it is impos-
sible to say whether or not the three cremations carried out by the Mehta police on
27 July 1990 are connected with this case.
104 109. Under serial nos. 186/145, 187/146, 188/147, 189/148, 190/149, and
191/150, the list shows six cremations on 18 November 1990 carried out by SHO
Wasan Singh of Ram Das police station under FIR no. 92/90. There are no post-
mortem report numbers. The cause of death is given as police encounter.
The CCDPs incident report form no. CCDP/01298 reveals the following informa-
tion. The main informant is Sukhdev Singhs father Joginder Singh.
Twenty-six-year-old Sukhdev Singh alias Sukha, son of Joginder Singh and Dalbir
Kaur, from village Sawazpur [Harsha Chheena], under Raja Sansi police station, in
Ajnala sub-division of Amritsar district, was a cousin of known militant Satnam
Singh Satta. Sukhdev was unmarried.
Sukhdev as well as several other members of his family, used to face brutal police
atrocities because of their relationship to Satnam Singh. Satnam was finally killed on
24 November 1993. Sukhdev had no connection with the militant movement. How-
ever, when a group of CRPF officers camped at the Kukaran Wali Post illegally
detained and tortured his mother Dalbir Kaur and his aunt Harbans Kaur, Sukhdev
decided to take revenge and joined the ranks of militants.
On 17 November 1990, Sukhdev Singh and five of his associates were surrounded
by a strong police force at village Gore Nangal when they were bathing under a tube-
well. The police killed all of them in the encounter that followed. According to Joginder
Singh, the police carried out the cremations without informing the families although
the identities of the slain militants were established. Joginder Singh identified the
remaining five persons killed in the encounter as: Kuldeep Singh, resident of Bhakna;
Sewa Singh, resident of Cheema Kalan; Surinder Singh Toti, son of Darshan Singh,
resident of Baath; Ajit Singh, resident of Charpur under Ramdas police station; and
Swaran Singh Mandrawala under Ramdas police station.
110 121. Under serial nos. 6/6, 7/7, 8/8, 9/9, 10/10, 11/11, 12/12, 13/13, 14/14,
15/15, 16/16, and 17/17, the list shows 12 cremations cremations carried out by
Amritsars Sadar police station on 5 June 1984. There are no FIR numbers. The
post-mortem report numbers are listed as not applicable. The cause of death is
mation about these cases. The main informant is Ranjit Singhs father Dharam Singh.
Twenty-two-year-old Ranjit Singh, son of Dharam Singh and Harbans Kaur, was
a resident of Sawazpur (Harsha Cheena), under Raja Sansi police station, in Amritsar
district. He was unmarried and worked as a farmer. Ranjit Singh was an Amritdhari
Sikh. He had courted arrest along with several jathas (groups) during the Dharam
Yudh Morcha, or political agitation led by the Akali Dal in 1982. After the army attack
on the Golden Temple of Amritsar in June 1984, Ranjit Singh, like most other Sikhs,
was seething with anger. He collected his friends and formed a jatha.
On 5 June 1984, all of them marched towards the Golden Temple at Amritsar. The
group consisted of thousands of people. The army opened fire on the jatha at
village Hayer-Kambo on Amritsar-Ajnala road. According to estimates, the army
killed 50 to 60 jatha members and injured several others. Ranjit Singh was one of
those killed. Four other people of the same village, Pooran Singh, Karnail Singh, Jagir
Singh and an unidentified woman, were also killed in this incident. After the forma-
tion of the government of chief minister Surjit S. Barnala, Ranjit Singhs family was
paid Rs.100,000 as compensation. The body of Ranjit Singh was not handed over to
his family. It must have been cremated by the army .
This incident was witnessed by thousands of people, including those from Ranjit
Singhs own village. No FIR was filed. The incident was not reported in any newspa-
per and no police officers approached the family. Five of Ranjits relatives were
killed by the police in later incidents.
122. Under serial no. 192/260, the list shows one cremation carried out by SHO
Gurmeet Singh of Civil Lines police station on 29 January 1992. There is no FIR
no. The post-mortem report is marked as SPG-FM/248/92. The cause of death is
formation about the case . The main informant is the victims mother Darshan Kaur.
Twenty-four-year-old Gurvel Singh, son of late Jagir Singh and Darshan Kaur,
was an Amrithdari Sikh resident of village Boharwala, post office Mohan Bhandarian,
under Ramdas police station, in Ajnala sub-division of Amritsar district. Gurvel
lived with his widowed mother and siblings; his father had died when Gurvel was still
very young.
When he was studying in class VIII, Gurvel Singhs right hand got amputated
when it got caught in a fodder-shredding machine. He then abandoned his studies
and started earning his livelihood by working as a paathi, reciting Gurbani from the Sri
Guru Granth Sahib, usually for a fee. He took a keen interest in religious affairs and
was inclined towards the militant and political movement in Punjab at the time.
In 1989-90, the police raided Gurvel Singhs house in an attempt to arrest him. As
a result, Gurvel Singh started staying away from home, sneaking back when he
could. Whenever the police received information about his visits, they would harass
his family members. The police would pick up family members, particularly his brother,
Ravel Singh. This continued till Gurvel Singhs arrest in 1992.
On 25 January 1992, the police of B Division of the city of Amritsar arrested
Gurvel Singh, as he came out of the Gurdwara Shaheedan. A colleague of Gurvel
Singhs informed his family of the incident on the same day. The following morning
on January 26, Gurvel Singhs family and the Panchayat went to the B Division police
station in Amritsar. Some of these people, specifically a policeman, an uncle, a vil-
lager, and a cousin-brother of Gurvel, managed to meet Gurvel Singh in the police
station. Gurvel Singh had been tortured. The family and other villagers met the SHO,
Charan Dass, who told them that several people had been taken into custody, on the
basis of suspicion, around Republic Day on January 26, but that they would release
Gurvel Singh soon.
The family was told that Gurvel Singh was being shifted to BR Model
School interrogation center, Amritsar. The police took him away in the presence of
family members, including his mother Darshan Kaur, who saw her son sitting in the
police vehicle.
On 30 January 1992, the Punjabi daily Ajit reported that a B category militant
named Gurvel Singh alias Galla, belonging to Bhindranwala Tigers Force (Sangha),
was killed in Ranjit Avenue area in an encounter with the police, but that his accom-
plice escaped. The police, according to this report, accused Gurvel Singh of 20
murders and several cases of bombing and kidnapping. Arpit Shukla, SP (detective),
has been quoted as saying that a naka party was fired upon by two militants on a
motor cycle. Gurvel Singh was killed in the return fire. A 30-bore pistol was recovered
from the site.
After reading this news, the family demanded proof, such as clothes, from the
police station B Division. The police neither gave the family the body, nor informed
the family of the cremation. The police told them that they could collect Gurvel
Singhs ashes from the cremation ground at Durgiana Mandir, Amritsar, which the
family did.
123 125. Under serial nos. 246/373, 247/374, and 248/375, the list shows three
cremations on 4 April 1993. There is no description of the police station or officer
who carried out the cremation. There is no FIR no. or post-mortem report number.
formation. The main informant in the case is the victims father Baldev Singh.
Twenty-seven-year-old Amarjit Singh alias Bitta, son of Baldev Singh and Kirpal
Kaur, was a milk vendor resident of Verka, Patti Hardas, under Amritsars Sadar
police station, in Amritsar district. Baldev Singh, an ex-serviceman, had joined Punjab
Roadways as a driver after his retirement from the army . He had bought buffaloes for
his son and Amarjit Singh would also buy milk from other people to sell.
During the period of militancy in Punjab, the police arrested and brutally tortured
Amarjit Singh several times on the suspicion that he had links with militants. This
continued until Amarjit decided to leave home. After Amarjit Singh absconded, the
police illegally detained his father and other relatives. They would hold Baldev
Singh for months, often torturing and coercing him to disclose his sons where-
abouts. The family, however, told them that they were not in touch with Amarjit.
In March 1993, Baldev Singh was arrested and detained at BR Model School
interrogation center in Amritsar, while Kirpal Kaur was arrested and detained at the
Police post Verka. In March 1993, an accomplice of Amarjit Singh, who had earlier
been involved with militant activities, surrendered to
the police. This accomplice gave information on the
basis of which ASI Dilbagh Singh, incharge of Verka
police post, arrested Amarjit Singh in Hoshiarpur on 25
or 26 March 1993 and brought him to the interrogation
center in Amritsar. Baldev Singh was already in police
custody there and Amarjit Singh was detained with his
father there till 3 p.m. on 2 April 1993.
In the afternoon of 2 April 1993, Amarjit Singh, and
two other unidentified young men, were taken from B.R.
Model School, by the police and killed in a fake en-
counter near the village of Verka, on the footpath lead-
ing to the village of Hothian. Several days later,
Amritsars Sadar police registered a case under the Arms Act against Baldev Singh
and sent him to jail.
On 3 April 1993, newspapers in Punjab, including the daily Jagbani, reported the
killing of three militants - one of whom was identified as Amarjit Singh Bitta, resident
of village Verka. The accomplices were unidentified at the time of the report. Two
other militants apparently escaped from the encounter. According to the report,
Amarjit Singh was an area commander of Khalistan Liberation Organisation and was
the main accused in a bank robbery at the Punjab and Sindh Bank on 25 February
1993. He was apparently wanted in 50 cases of murder and bomb blasts in the dis-
tricts of Gurdaspur, Amritsar, Tarn Taran and Majitha.
The newspaper also reported SP (detective) Amritsar, Arpit Shukla, as saying
that the police had received secret information about militants of the Khalistan Lib-
eration Organisation (KLO) being active in the area in and near Verka. Chaman Lal,
in-charge CIA Staff, and Dilbagh Singh, SHO Verka police station, set up a checkpost
on the unpaved path between the villages of Verka and Hothian. At 4 a.m, the
checkpost party spotted five suspicious people in a motor vehicle. On being signaled
to stop, the people took positions and opened fire. The police party returned fire. This
exchange of fire continued for an hour. After the militants stopped firing, the police
found three bullet-ridden bodies. They also found an AK-56 assault rifle, a rocket
launcher, two rockets, 150 cartridges; a 303 bore rifle and letter pads of the KLO.
The police did not give Amarjit Singhs body to the family, nor did they ask the
family to attend the cremation.
According to family members, the two unidentified young men belonged to
Gurdaspur district but were living in Verka at that time. They were labourers in
factories. Their names were not known.
Harjinder Kaur, mother of Amarjit Singh, died in 1997. She had been ill and bed-
ridden ever since her son died.
126. Under serial no. 425/264, the list shows one cremation carried out
by Kathunangal police on 21 June 1992. There is no FIR number. The post-
mortem report number is given as RKG/FM/70/92. The cause of death is listed as
police encounter.
The CCDPs incident report form no. CCDP/01324 reveals the following facts in
Amarjit Singh
this case. The main informant is the victims father Naajar Singh Dodhi.
Eighteen-year-old Rachhpal Singh, the youngest son of Naajar Singh and Sawinder
Kaur, was a farmer resident of village Sohian Khurd, under Majitha police station,
in sub-division and district Amritsar. He had studied till class VIII. He was an
Amritdhari Sikh.
Rachhpal Singh was keenly interested in the political and militant movement and
had links with the youth involved since 1987. When the police became aware of his
activities, they registered a case against him and sent Rachhpal to jail. However he
was acquitted and released in those cases after about two years. A cousin, Jaspal
Singh s/o Kundan Singh, had also been arrested and was released at the same time
as Racchpal.
Some time later another case was registered against both Rachhpal and Jaspal,
and both were sent to jail. Rachhpal was released on bail a year later. Even after his
release on bail, the police would raid his house to arrest him. Thus, Rachhpal left
home. As a result, the police harassed his family even though his kin did not know
anything about Rachhpals activities.
In the first week of May 1992, Satnam Singh s/o Sher Singh, a Mazhabi Sikh, and
another boy, also a resident of Sohian Khurd, were arrested by the police, when they
were visiting their families to help with the harvesting of wheat crop. According to
family members, Rachhpal and two other young men were arrested at Jammu by the
Majitha police and brought back on the instance of Satnam Singh.
In May 1992, a newspaper reported that seven militants from Punjab had been
arrested near the border at Jammu. The family did not know then that Rachhpal was
among those arrested. Of the seven, three were brought back by the Majitha police,
while the other four were sent to Jammu jail by the Jammu police who had registered
cases against them. Rachhpals family says that they were not aware if the Jammu
police had registered cases against Rachhpal and the other two young men before
they were brought back by the Punjab police.
As far as the family was aware, a young man named Charanjit Singh Channa
resident of village Kalla, was arrested and brought back from Jammu and subse-
quently killed in an encounter along with another youth Satnam Singh. The Majitha
police show Rachhpal Singh as having been killed in an encounter on 21 June 1992.
Rachhpals family learnt of the encounter from a newspaper but do not remember
where the encounter allegedly occurred. They also do not remember if anyone else
is supposed to have been killed in the same encounter.
Rachhpals family was so scared that they did not ask the police about his body
or cremation. Nor were they given any information about his killing or cremation.
Even today they remain terrified. The CCDPs investigation team was able to get
information from the family only on a third visit.
Rachhpals cousin Jaspal Singh, s/o Kundan Singh, resident of Sohian Khurd
was also killed in an encounter with the police near village Fatehgarh Shukar Chack
under police station Sadar in 1992.
127 - 128. Under serial nos. 546/309 and 547/310, the list shows two cremations
carried out by Jhander police on 3 December 1992. There is no FIR number. Only
the second cremation has a post-mortem report marked as RKG/FM/10792. The
The committees incident report form no. CCDP/01326 reveals the following facts.
The main informant is Baba Sewa Singhs brother Kulwant Singh.
Baba Sewa Singh, son of late Kartar Singh and late Preetam Kaur, was a Mistri
Sikh from village Boparai, post office Nawan Tanail, under Mattewal-Chogawan
police station, in Baba Bakala sub-division of Amritsar district. He was qualified in
religious education and had been the chief manager of Gurdwara Ber Sahib since
1980-81. Gurdwara Ber Sahib had been constructed in the memory of the sixth guru,
Guru Hargobind, and was located on the Amritsar - Chowk Mehta Road in the area of
village Boparai. Sewa Singh also looked after the management of a school run under
the aegis of the gurdwara. The people of several villages in the area also revered
Sewa Singh.
Sewa Singh was a supporter of the political struggle launched in 1982 by the
Shiromani Akali Dal in support of the demands of the Sikhs. However Sewa Singh
spent most of his time in kar sewa, (voluntary manual labour), for the restoration and
maintenance of the gurdwara building, and in managing affairs of the gurdwara and
the school. The school in the gurdwara had about 3,000 students.
At the time of the army attack on the Golden Temple, in June 1984, the army
detained Sewa Singh and held him in their custody. During the era of militancy, the
Mehta police had once arrested Sewa Singh, alleging that he gave shelter to militants
in the gurdwara. However, Sikh tenets advocate that gurdwaras must be open to
everyone and no one can be barred from entering them. The Mehta police then
registered a false case against him under the Arms Act and sent him to jail. After his
arrest he was sent to Mall Mandi interrogation center, Amritsar, where the police
brutally tortured him. The police searched Gurdwara Ber Sahib many times but they
did not recover anything objectionable. He was released on bail after several months.
On 2 December 1992, Sewadar Sajjan Singh and driver Prakash Singh, resident of
Bulara were going in a jeep belonging to the gurudwara ,to drop a renowned militant,
Balwinder Singh Minni, resident of Diwali, to the Amritsar railway station when the
police stopped them. Once surrounded, Balwinder Singh committed suicide by con-
suming cyanide. Sajjan Singh and Prakash Singh were taken into police custody.
That same day around 4 p.m. the police of Mehta and Mattewal-Chogawan police
station surrounded Gurdwara Ber Sahib. Inspector Uham Singh, SHO of Mattewal-
Chogawan police station, and Sarbjit Singh, SHO of Mehta police station, led the
police party. Nobody from the village was allowed to go near the gurdwara. People
heard gun shots from 8 to 11 p.m. The next morning at sunrise, a rumour had spread
that the police had shot dead Sewa Singh and granthi Gurmej Singh, resident of
Sadhpur under police station Mattewal-Chogwan, Tehsil Baba Bakala, district Amritsar.
The panchayats of the area approached the Mehta and Mattewal police, de-
manding Sewa Singhs body, but the police refused. The panchayats then approached
the SSP Majitha, who allowed the body of Sewa Singh to be cremated under police
supervision at the cremation ground near Gurdwara Shaheedan. Family members,
devotees and people of the area attended the cremation. The people of the village
observe Sewa Singhs death anniversary every year.
In the newspapers dated 3 December 1992, the police claimed that a fierce en-
counter had taken place at Gurdwara Ber Sahib, during which they killed Sewa Singh.
The police also claimed that they had recovered a large quantity of lethal weapons
from the gurdwara.
The SHO of Jandiala Guru police station also arrested and killed Sewa
Singhs nephew Gurdev Singh, s/o Harbans Singh and resident of Pakhoke, in a later
incident.
129. Under serial no. 587/329, the list shows one cremation carried out on 19
March 1993 by the SHO of Beas police station under FIR no. 12/93. There is no
post-mortem report number. The cause of death is given as police encounter.
formation. The main informant in this case is Sawinder Singh, the father of the victim.
Twenty-two-year-old Dilbagh Singh, son of Sawinder Singh and late Surjit Kaur,
was a resident of village Khojkipur, Gill Patti, under Verowal police station, in Khadur
Sahib sub-division of Amritsar district. He had completed his matriculation and
worked as a constable in the Punjab Armed Police. Dilbagh was a clean-shaven
young man, with no political background. He had never been arrested on the suspi-
cion of links with militants.
After working for two years with the Punjab Armed
Police, Dilbagh quit his job under the fear of militants
who took reprisals against police officers and came
home. His family advised him to rejoin the police and
Dilbagh agreed. The Punjab Armed Police, however,
did not reinstate him and Dilbagh filed a case in the
Jalandhar Court for his reinstatement.
On 15 March 1993, Dilbagh and his wife had gone
to visit his in-laws in village Budha Theh, near Beas.
As he was leaving from there on 16 March 1993 to
attend a hearing of his case at the court, the Beas
police arrested him. After illegally detaining him for
two days, the Beas police shot Dilbagh dead, along
with another young man named Satnam Singh s/o Mohinder Singh, resident of
Jallupur Khera, in a fake encounter.
On 17 March, his family learnt about his arrest but they could not find out which
police officer had arrested him. On inquiry, the SHO at Beas police station told them
that Dilbagh was not in their custody. The family also inquired at Khalchian police
station but could not get any information about Dilbaghs whereabouts.
On 20 March 1993, the Tribune reported that an area commander of KCF-Panjwar,
Satnam Singh (Satta), son of Mohinder Singh, resident of village Jallupur Khera,
and his unidentified accomplice were shot in an encounter near Tong village in
Majitha police district late night on March 19. The police said that Satta was respon-
sible for several killings. The police allegedly recovered two AK-47 rifles, a Mauser,
two HE-36 hand grenades and eight letter pads of the militant organisation from the
site of the encounter.
Dilbagh Singhs mother Surjit Kaur became chronically ill from the shock of the
death of her son. She died in 1998, due to a brain hemorrhage.
The CBIs list of identified cremations shows the cremation of Satnam Singh
Under serial no. 586/164, on the same date and under the same FIR no. 12/93. His
summary is discussed in the relevant section there.
Dilbagh Singh
130. Under serial no. 300/471, the list shows one cremation carried out by Suba Singh
of Jhabbal police station on 19 July 1991. There is no FIR no. The post-mortem
report number is GSD-31/91. The cause of death is given as fire arm injuries.
mation. The main informant in the case is the victims cousin-brother Balwinder Singh.
Twenty-four-year-old Sarabjit Singh, son of Gurdeep Singh and Amar Kaur, was
a young farmer from village Panjwar Kalan, under Jhabbal police station, in Tarn
Taran sub-division of Amritsar district. Sarabjit, an Amritdhari Sikh, was unmarried.
After completing his school education, Sarabjit started helping his father in the
agricultural work. He had also trained himself as a paathi, reader of the scriptures,
and used to take part in the religious ceremonies requiring the recital of the Guru
Granth Sahib, the main Sikh scriptures. The police became suspicious of his politi-
cal attitudes because of his noticeable religiosity and, in 1991, started arresting him
for interrogation under torture. Unable to endure the custodial excesses, Sarabjit
started dodging the police and living away from home. Tarn Taran police then started
harassing his family members.
Around 3 a.m. on 19 July 1991, a large police force led by the SSP of Tarn Taran
police district, cordoned off the village for a combing operation. All male residents of
the village were ordered to assemble in an open space and identify themselves.
Sarabjit was not there. The police then started a house to house search and found
Sarabjit in the house of one Massa Singh, doing a recitation of the Guru Granth
Sahib. Sarabjit was dragged away to the building of the village dispensary
and brutally tortured. At 4 a.m. the police force left the village with Sarabjit in
their custody.
A few hours later, Sarabjits brother Avtar Singh and his cousin Balwinder Singh
went to Jhabbal police station. Sarabjit, covered in a sheet of cloth, lay in the verandah
and his condition seemed very critical. Avtar Singh and Balwinder Singh, however,
could not meet SHO Suba Singh because he was not available at the police station. The
next morning, SHO Suba Singh told them that Sarabjit had been transferred for further
interrogation to the CIA staff office at Tarn Taran. This was a lie. Sarabjit had already
been killed and cremated. On 20 July 1991, two Punjabi newspapers, Ajit and Jagbani,
reported the killing of an unidentified militant in an encounter near village Jagatpur.
This was confirmed by inspector Major Singh of the CIA staff at Tarn Taran when the
family members finally managed to meet him three days later. Major Singh also told
them to collect Sarabjits ashes from Tarn Taran cremation ground.
According to Balwinder Singh, they were unable to take any legal action because
of the police terror.
on 30 July 1991 carried out by Suba Singh of Jhabbal police station under FIR no.
104/91. The post-mortem report numbers are MSJ-42/91 and MSJ-43/91. The
cause of death is given as fire arm injuries.
formation. The main informant is the victims widow Shanti.
Forty-five-year-old Jeet, a migrant Hindu agricultural worker from Uttar Pradesh,
had for several years been living in village Panjwar Khurd, post office Panjwar,
Mazhabian Di Thathi, under Jhabbal police station, in Tarn Taran sub-division of
Amritsar. He was married to Shanti and had a daughter, Jasbir, who is now 21.
In 1987, Jeet found employment on the agricultural farm belonging to the family of
Paramjit Singh Panjwar, a well-known militant. The police used to raid Paramjits house
regularly. But Jeet had no connection with the matter and he was not harassed.
One day in the third week of July 1991, the Jhabbal police led by SHO Suba Singh
raided Jeets house in the village and took him into custody in the presence of his
wife and daughter. The following day, the police took Jeet to Paramjit Singhs Panjwars
house and thoroughly searched it in his presence. According to Shanti, her husband
was killed in an encounter faked at Bhojian village along with another boy of her
village belonging to a Sansi Sikh family. A report published in some newspapers the
following day described both of them as unidentified militants. The police carried
out the cremation without informing Shanti who had no other relative in the village
and could not do anything to save her husband.
on 16 July 1991. They were carried out by SHO Major Singh of Tarn Tarans Sadar
police station mentioned under FIR no. 94/91. The post-mortem report numbers for
both entries is listed as 16.7.91. The cause of death is given as police encounter.
The CCDPs incident report form no. CCDP/01431 reveals the following informa-
tion about this case. The main informant is the victims mother Charan Kaur.
Sixteen-year-old Sarabjit Singh, son of Dalip Singh and Charan Kaur, was a resident
of Lalpura village under Sadar police station, in Tarn Taran sub-division of Amritsar
district. Sarabjits father had passed away while he was still young and he had to give
up school to assist his older brother in managing the family farm. Sarabjit had no links
with the militant movement in Punjab. The police had never arrested him, either.
On 11 July 1991, Sarabjit and his friend Gurdial Singh Mintu, son of Mohinder
Singh, resident of the same village, went to the gurdwara at Tarn Taran to offer
prayers but did not return home. The Tarn Taran police had arrested several other
young men of the village for routine interrogation and they had seen Sarabjit and
Gurdial at Tarn Taran police station. According to them, the police were interrogating
them about the whereabouts of Gurdials cousin Gurbhej Singh, suspected of being
a militant. However, when members of the village council met the SHO to request him
to release the boys, he denied arresting the two.
Sarabjit and Gurdial were declared to be unidentified militants killed in
an encounter staged by Tarn Taran police on 15 July 1991. The family was not
informed about the cremations. However, the police handed over their ashes to the
family members.
135. Under serial no. 288/458, the list shows one cremation on 14 July 1991 carried
out ASI Raj Kumar of Goindwal police station under FIR no. 32/91. The post-mortem
report number is GSD-28/91. The cause of death is given as fire arm injuries.
formation. The main informant in the case is Mohinder Singh, the victims father.
Thirty-five-year-old Harbhajan Singh, son of Mohinder Singh and Joginder Kaur,
from Lalpura village under Sadar police station, in Tarn Taran sub-division of Amritsar
district, was a driver of the Akal Takhts head jathedar Professor Darshan Singh Ragi
in 1991. He was formally employed by the SGPC. Sarabjit was married to Satwant
Kaur and had a daughter and a son, Mandeep Kaur and Manjit Singh, who are now
15 and 13. According to Mohinder Singh, Harbhajan had no links with militants.
In July 1991, Professor Darshan Singh was on a tour abroad and Harbhajan was
relatively free of work. He used to report to the SGPCs office within the Golden
Temple complex to mark his attendance and return home if there was no work for him.
On 13 July 1991, around 7 p.m. Harbhajan was on his way to village Vein Puin in
an Ambassador car belonging to Heera Singh of Vein Puin village, which he had
borrowed from him the previous day. As he turned off the main road to enter the
village, some CRPF personnel, who had set up a checkpost, fired at his car probably
suspecting him to be a terrorist. A bullet hit Harbhajan in the head and he collapsed
on his steering wheel after managing to break the car. He was dead. His car horn kept
blaring for some time even as the CRPF men continued firing towards the car.
Harbhajan was carrying his identity card issued by the SGPC as well as his
driving license. However, the CRPF declared him to be an unidentified militant and,
after a quick post-mortem, had him cremated by Goindwal police on 14 July 1991
without informing the family. Several newspapers published a report on 15 July 1991,
based on a police handout, about the killing of an unidentified militant near village
Vein Puin in the evening of 14 July 1991.
Harbhajans family members heard about his killing on 15 July 1991 from a mem-
ber of the SGPC and then went to village Vein Puin and Goindwal police station to
confirm it. Next, they went to the cremation ground at Tarn Taran where an attendant
showed them the pyre on which Harbhajan had been burnt by Goindwal police. In
the ashes, Mohinder Singh, Harbhajans father, found Harbhajans steel bangle,
which he used to wear on his right hand wrist.
on 10 April 1992 carried out by SHO Balqar Singh of Tarn Tarans Sadar police
station under FIR no. 26/92. The post-mortem report numbers are PS-10/92 and
PS-11/92. The cause of death is given as fire arm injuries.
The committees incident report form no. CCDP/01434 gives the following informa-
tion about these cases. The main informant is the victims brother Harjinder Singh.
Balwinder Singh alias Binder, son of late Bagga Singh and late Swaran Kaur, was
from village Lalpura, near Raja Ram, under Tarn Tarans Sadar police station, in Tarn
Taran sub-division of Amritsar district. He had an older brother and three sisters.
After passing his matriculation, Balwinder worked as a farmer. He did not have a
political or militant background and had never been arrested by the police.
On 10 April 1992, Balwinder Singh, militant Harbhej Singh, son of Joginder Singh,
and Harbhejs cousin-brother Mukhtiar Singh, son of Nandir Singh and resident of
Kadd Gill, were ploughing a piece of land which was a bone of contention between
Harbhejs family and another. The police surrounded them from all sides and shot
them dead. At about 3 p.m. the police carried the bodies away.
On 11 April 1992, newspapers reported that the Tarn Taran police had killed five
militants in an encounter between villages Varana and Dhotian. The articles identi-
fied two of the dead as Gurbhej Singh Bheja and Ranjodh Singh Jodha. The police
had declared Balwinder Singh and Mukhtiar Singh as unidentified even though
villagers identified the dead to the police.
The CBIs list of identified cremations accounts for the body of Harbhej Singh
Under serial no. 167/651 and the same FIR no. 26/92. His cremation was also carried
out by Balqar Singh of Tarn Tarans Sadar police station. His post-mortem report
number is 9/92 and the cause of death is given as police encounter. The bodies of
Balwinder and Mukhtiar Singh are represented by these two records in the uniden-
tified CBI list. What happened to the bodies of Ranjodh Singh Jodha and the other
unidentified militant allegedly killed in the encounter remains a mystery.
138 139. Under serial nos. 617/1059, 618/1060, and 619/1061, the list shows
three cremations on 18 August 1993 carried out by SHO Govinder Singh of Patti
police station under FIR no. 57/93. All three post-mortem report numbers are
given as 18.8.93. The cause of death is police encounter.
formation about these cases. The main informant is Dalbir Singhs father Dara Singh.
Dalbir Singh alias Billu, son of Dara Singh and Amar Kaur, was an 18-year-old
Mazhabi Sikh laborer from Lalpura village, Mazhabian Di Thathi, under Sadar police
station, in Tarn Taran sub-division of Amritsar district. He was the youngest of Dara
Singhs three sons and had, in 1991 while still in school, begun to take interest in the
militant movement then raging in Punjab. Dara Singh came to know about his sons
inclinations and, in his bid to keep him from getting involved, forced him to leave
school and sent him to his maternal uncle Lakha Singh in Malkana village in
Ganganagar district of Rajasthan. There, Dalbir Singh started working as a laborer.
Around September 1993, a group of police officers from Fatiabad police post
under Verowal police station, led by sub-inspector Chand Singh, raided Dara Singhs
house and took his elder son Swaran Singh into custody for interrogation. The
police illegally detained and tortured Swaran Singh at Fatiabad police post for 12
days to pressure him to reveal Dalbirs whereabouts. After learning that Dalbir was
living with his maternal uncle at Malkana village in Ganganagar district of Rajasthan,
the Fatiabad police arrested his uncle Shingara Singh and his sister-in-law Pasho
and together, with all of them, raided Lakha Singhs house in Malkana village. Dalbir,
however, was not at home. Lakha Singh told the police officers that Dalbir had
moved to a rented flat in Freesar town where his parents, Dara Singh and Amar Kaur
were also staying with him. The Fatiabad police then took Lakha Singh and his
brothers along to raid Dalbirs rented house in Freesar town, and arrested him. The
Fatiabad police returned to Tarn Taran along with Dalbir Singh, his brother, sister-in-
law and uncle. At Naushehra Pannuan, the police officials asked Dalbirs three rela-
tives to get off and drove away with Dalbir to some unknown destination.
Dara Singh and Amar Kaur came back to their village on their own and met sub-
inspector Chand Singh of Fatiabad police post to implore him to save their sons life.
Chand Singh said that Dalbir had escaped from their custody. It is not clear what
happened to Dalbir Singh after the Fatiabad police arrested him and brought him
back to Punjab.
According to Dara Singh, the police never came back to his house to ask him
about Dalbir, as they had been doing before his arrest. They would have done so if
he had, indeed, escaped from their custody as they claimed. We can only wonder if
one of these cremations marks the end of Dalbir Singhs life.
on 8 October 1991 carried out by Major Singh of Tarn Tarans Sadar police station
under FIR no. 123/91. The post-mortem report numbers are GSD-60/91 and 61/
The committees incident report form nos. CCDP/01447 and 01448 reveal the
following information. The main informants are Joginder Singh, Major Singhs uncle,
and Sukhwinder Kaur, Gurdeep Singhs mother.
Twenty-year-old Major Singh, son of late Gurdial Singh and Channan Kaur, was
one of five brothers in a family of Amritdhari Sikhs resident of Sakhira village, Patti
Sangat Ki, under Sadar police station, in Tarn Taran sub-division of Amritsar district.
The police suspected them of sympathizing with the militant movement and had
arrested Major Singh and his brothers for interrogation on a number of occasions.
The police especially targeted Major Singh and his two brothers, Sukhdev Singh
and Harbhajan Singh, for harassment. Once, following several days of illegal cus-
tody and interrogation under torture, the police implicated Major Singh in a case
under TADA. The court, however, released him on bail after some months. Major
Singh was unmarried.
On 28 September 1991, Major Singh and his friend Gurdeep Singh, son of late
Joginder Singh and Sukhwinder Kaur, had gone to village Valipur to attend a cattle-
fair where they bought some pigeons. Gurdeep (18), employed as a truck driver, was
clean-shaven. He was not particularly religious and had never been arrested or
interrogated by the police. After attending the cattle-fair at Valipur, Major Singh and
Gurdeep were on their way home when, around 1 p.m. SHO Major Singh of Tarn
Tarans Sadar police station arrested them near village Valipur over a canal bridge.
Their family members learnt about the arrests in the evening and met SHO Major
Singh the following morning to request him to release the boys. The SHO admitted
their custody and told the family that they would be released after their interrogation
in a few days. A week later, the SHO started denying the arrest of the two boys and
also refused to meet their parents.
When some elders of the village talked to the SHO confidentially, he told them
that Major Singh and Gurdeep Singh had been killed in an encounter with the Tarn
Taran police near village Daleke.
The Amritsar police later abducted Sukhdev Singha and Harbhajan Singh, broth-
ers of Major Singh, and also disappeared them. Their parents have since moved their
residence to a town in Uttar Pradesh.
142. Under serial no. 426/661, the list shows one cremation on 20 April 1992 carried
out by the SHO of Tarn Tarans City police station under FIR no. 41/92. There is no
post-mortem report number. The cause of death is given as encounter.
information. The victims father Joginder Singh is the main informant in this case.
Sixteen-year-old Ranga Singh, son of Joginder Kaur and Sant Kaur, was a resi-
dent of village Mughal Chack Pannuan, post office Sakhira, under Sadar police
station, in Tarn Taran sub-division of Amritsar district. The youngest of three broth-
ers, Ranga was a class X student and also worked as a paathi, reader of Sikh scrip-
ture, at Tarn Tarans historic gurdwara. His uncle Mohinder Singh, an employee of
the SGPC, also worked at the shrine and had helped him obtain the coveted appoint-
ment. Ranga, a baptized Sikh, had no links with militants and had never been arrested
before this incident.
On 13 April 1992, Ranga had gone to the shrine at Tarn Taran to perform his duty
as a reader of the Guru Granth Sahib, and to take part in the celebrations marking the
establishment of the Khalsa Sikh order by Guru Govind Singh 293 years ago in 1699.
It was an important day in the Sikh religious calendar.
When Ranga finished his recital around 12 noon, some policemen in plainclothes
caught him and took him outside the shrine where SHO Gurbachan Singh Manochahal
of Tarn Tarans City police station along with a large number of policemen were
waiting. Ranga was pushed into a police vehicle and taken away. His uncle Mohinder
Singh, who was on his duty at the shrine, witnessed Rangas arrest.
Later in the evening, Rangas family members along with several members of the
village council, met the SHO who promised to release the boy some days after his
interrogation. The family members also met DSP Dilbagh Singh who also promised
the same. However, Ranga was not released and 10 days after his arrest when the
family members, along with village elders, again met the DSP, he disclosed that the
boy had escaped from police custody. Gurchet Singh Bhullar, a locally influential
Congress leader, then spoke to the SSP of Tarn Taran and informed the family that
the police had already killed Ranga.
143. Under serial no. 461/744, the list shows one 4 July 1992 cremation carried
out by Subha Singh of Valtoha police station under FIR no. 33/92. The post-mortem
report number is KS-28/92. The cause of death is given as fire arm injuries.
The committees incident report form nos. CCDP/01455 and 01456 reveal the
following information about this case. The main informant is Sukhwants brother-in-
law Nirmal Singh.
Sukhwant Singh, son of Mohan Singh and Darshan Kaur, was a 35-year-old
farmer from Rangana Farm, post office Amb Wali, under Jujhana police station, in
Karana sub-division of Muzaffar Nagar district in Uttar Pradesh. He was married to
Joginder Kaur and had two sons Jagjit Singh and Bikramjit Singh, who are now 19
and 17.
Sukhwant was a permanent resident of Uttar Pradesh and had no political or
militant connections in Punjab. However, his younger brother Kashmir Singh had
once been arrested by the Haryana police and had later begun to live with his aunt at
village Baghela in Nakodar sub-division of Jalandhar district. Jalandhar police, led
by DSP Dharam Singh, arrested Kashmir Singh and his friend Rana, resident of
Shankar Saheer village, in the last week of June 1987 when they were boarding a bus
in village Rurka. Both of them were first interrogated at the CIA staff office in Jalandhar
and then transferred to the headquarters of the 32 Battalion of the CRPF. Rana was
later released following an intervention by an influential local politician. Kashmir
Singhs family was unable to know what happened to him after his transfer to the
headquarters of the 32 Battalion of the CRPF. Izhar Alam was the SSP of Jalandhar at
that time.
In the last week of June 1992, Sukhwant went to visit his sister Jaswant Kaur at
village Jamastpur in Tarn Taran sub-division of Amritsar district. On 28 June 1992,
the Patti and Valtoha police stations, together with the CRPF, launched a combing
operation at village Jamastpur. All male residents of the village were assembled in an
open space and those who could not establish their local residence, including
Sukhwant, were taken into custody for interrogation. The police also arrested
Mukhtiar Singh, son of Jarnail Singh, a Mazhabi Sikh, who worked on the agricul-
tural farm belonging to Jaswant Kaurs husband Nirmal Singh, and Mohinder Singh,
son of Meja Singh of Jamastpur village.
Over the next days, Nirmal Singh met the SHOs of Valtoha and Patti police sta-
tions, but could not obtain any information about his brother-in-laws whereabouts.
The police released Mohinder Singh from illegal custody, but nothing could be
ascertained about Sukhwant and Mukhtiar Singh. One month after his disappear-
ance, Sukhwants family members met the DSP of Patti who asked them to give up
their efforts to trace him and to carry out his last rites, indirectly indicating that he
had been killed.
Several weeks later, it became known that on 3 July 1992 the Valtoha police
had killed five persons, including Mukhtiar Singh who was arrested along with
Sukhwant, in an encounter staged in village Bahadar Nagar. One of the five killed in
the encounter was cremated as an unidentified militant. The family suspects that he
was Sukhwant Singh.
The CBIs identified list, Under serial nos. 198/740, 199/741, 200/742 and 201/743,
records four other cremations carried out by Valtoha police on 4 July 1992 under the
same FIR. They are of: [1] Jassa Singh, s/o Sudh Singh, r/o Lakhar Singh; [2] Bekar
Singh, s/o Sajjan Singh, r/o Dhoot; [3] Jagtar Singh alias Jaggu, s/o Banta Singh, r/o
Verowal; and [4] Mukhtiar Singh, s/o of Jarnail Singh, r/o Jamastpur.
According to Nirmal Singh, Sukhwants father was unable to bear the enforced
disappearance of both his sons and died due to grief and trauma three years later.
144. Under serial no. 232/183, the list shows one cremation on 28 February 1991
carried out by the SHO of Jandiala police station mentioned under FIR no. 59/91.
The post-mortem report number is 224 28.2.1991. The cause of death is given as
police encounter.
formation. The main informant is the victims father Bhajan Singh.
Thiry-year-old Satnam Singh alias Satta, son of Bhajan Singh and Nasib Kaur,
was a small farmer resident of village Malmohari, post office Naurangabad, under
Sadar police station, in Tarn Taran sub-division of Amritsar district. He was unmar-
ried. Satnam had begun to sympathize with the political objectives of the Sikh mili-
tant struggle after June 1984. The police became suspicious and began to raid his
house, arrest him and torture him in illegal custody. Fed up with this pattern of
harassment, Satnam left home and went underground. The police then began to
torment his family members, picking up his parents and his sister, and torturing them
in illegal custody for information.
On 30 February 1991, Satnams family members read a report in two Punjabi
newspapers, Jagbani and Ajit, claiming that the police had killed Satnam in an en-
counter near village Rajewal under Jandiala Guru police station. After reading the
reports, Bhajan Singh went to Jandiala Guru police station where the police showed
him the clothes Satnam was wearing. Bhajan Singh also talked to the doctor who had
carried out the post-mortem to confirm that the person slain at Rajewal was indeed his
son. He then went to Rajewal village whose residents narrated how the police had
brought a young Sikh in their custody to stage an encounter on 27 February 1991.
According to Bhajan Singh, the police had used some renegade militants to nab
him before killing him in a fake encounter at Rajewal.
7 November 1992 carried out by SI Sita Ram of Patti police station under FIR no.
67/92. The post-mortem report number given for the first entry is KS-96/92. The
second post-mortem report number is not given. The cause of death is listed as
police encounter.
formation. The main informant in this case is Tarloks elder brother Kulwant Singh.
Tarlok Singh (24), son of Jarnail Singh and Harbhajan Kaur, was an automobile
mechanic from Chhapa village, post office Baghiari, under Jhabbal police station, in
Tarn Taran sub-division of Amritsar district. He was married, but his widow has since
returned to her parents. Tarlok had no connection with the militant movement in
Punjab. However, his cousin Tarlochan Singh, son of Mangal Singh, was a member
of the Sikh Students Federation. Harassed by the police, Tarlochan had left home to
join the underground. Thereafter, the police harassed all of his family members,
including Tarlok Singh. Tarloks father Jarnail Singh was a member of the Communist
Party of India (CPI).
On 1 November 1992, ASI Dalbir Singh, in-charge of the Sabhra police post,
arrested Deedar Singh, son of Mangal Singh from Chhapa village. Deedar was
Tarlochan Singhs brother. When his family members went to Jhabbal police station
to pursue Deedars case, SHO Sidhoo denied having him in his custody.
The same group of police officers from Sabhra police post raided Jarnail Singhs
house in the morning of 3 November 1992, around 7 a.m. when Tarlok was already
working in Bhikhiwind. The police officer forced Jarnail Singh to come along with
him and arrested Tarlok outside of his workshop at Bhikhiwind Chowk while he was
reading a newspaper. The police asked his father Jarnail Singh to return home.
Jarnail Singh immediately went to Bhikhiwind police station where he found out
that his son was under interrogation at Patti police station. He then went to SHO Sita
Ram of Patti police station who, however, said that Tarlok was not in his custody.
Jarnail Singh then contacted Satpal Singh Dang, a well-known CPI leader from
Amritsar, who telephoned SP (operations) Khubi Ram for his intervention. SP Khubi
Ram asked Dang to send Tarloks immediate family to him.
Tarloks brother Kulwant Singh, along with members of the village council, met
SP Khubi Ram on 6 November 1992. The SP said that he had nothing against Tarlok
and that they should return the next day to take him back with them. As advised,
Tarloks family members went back to SP Khubi Rams office on November 7

morn-
ing. But he was not available. The same evening, Jarnail Singh found out that the
police had staged an encounter near village Sabhra in which Tarlok Singh, Deedar
Singh, and Sukhchain Singh, son of Harbhajan Singh, were declared to have been
killed. Two Punjabi newspapers, Ajit and Jagbani, published a report about the
encounter on 8 November 1992, identifying only Sukhchain Singh and Deedar Singh.
The third person, actually Tarlok Singh, was described as an unidentified militant.
The family, who had hoped to secure Tarloks release after being promised by the
SP, felt shattered and did not even approach the police officials again. The police
carried out the cremations without informing the families.
The cremations of Deedar Singh and Sukhchain Singh, carried out by sub-in-
spector Sita Ram of Patti police station under FIR no. 67/92 on 7 November 1992, are
mentioned in the CBIs list of partially identified cremations Under serial nos. 101/902
and 102/903. The unidentified list shows two cremations on the same day and under
the same FIR no. While one cremation is probably that of Tarlok Singh, there is no
information on the identity of the other person cremated.
According to Kulwant Singh, two brothers of Deedar Singh, were captured and
killed by the police in separate incidents.
147. Under serial no. 45/51, the list shows one cremation on 12 April 1988 carried
out by Gharinda police. There is no FIR number. The post-mortem report number
is IG/349/88. The cause of death is given as poison capsule. Under serial no. 47/
55, the list shows one cremation on 4 May 1988 carried out by the Gharinda police.
There is no FIR number. The post-mortem report is marked as AKC/FM/190/88
and the cause of death is given to be gun shots.
formation. The main informant is the victims wife Jasbir Kaur.
Twenty-six-year-old Jagdev Singh, son of Bakhshish Singh and Parkash Kaur,
was a resident of Bagarian village, post office Tarn Taran, under Tarn Tarans City
police station, in Tarn Taran sub-division of Amritsar district. After completing his
matriculation, Jagdev worked under a private doctor as a male nurse and then set up
his own private practice at village Nona under Jandiala Guru police station in Amritsar.
He started earning well and married Jasbir Kaur.
As an Amritdhari Sikh, Jagdev felt deeply hurt by the army s attack on the
Golden Temple of Amritsar in June 1984 and expressed sympathy for the militant
movement that developed in its wake. The police suspected him of cultivating links
with the militants and started raiding his house to arrest him. Jagdev dodged the
police and started living in hiding.
On 10 April 1988, Jagdev and his wife Jasbir were sitting in the house of Soorta
Singh at village Bhakna Khurd under Gharinda police station in Amritsar district. A
team from Gharinda police station surrounded the house and arrested Jagdev. They
also arrested Rachhpal Singh of Bhakna Khurd. Jasbir Kaur tried unsuccessfully to
contact the police officials to rescue her husband from illegal custody.
Two days later, the Gharinda police claimed that an unidentified militant
under interrogation committed suicide by consuming cyanide and cremated his
body without informing the family.
According to Jasbir Kaur, the police killed Rachhpal Singh, arrested on 10 April
1988 along with her husband, in a fake encounter staged on 3 May 1988. As recorded
in the CBIs list, Under serial no. 47/55, he was also cremated by the Gharinda police
as an unidentified militant.
148 149. Under serial nos. 599/1020 and 600/1021, the list shows two crema-
tions on 28 April 1993. They were carried out by SHO Govinder Singh of Patti
police station under FIR no. 28/93. The post-mortem report numbers are not given.
The cause of death is listed as police encounter.
formation about these cases. Shinder Singh, the brother of Balwinder Singh, is the
main informant.
Twenty-year-old Balwinder Singh alias Binder, son of Jeet Singh and Preetam
Kaur, was a Mazhabi Sikh resident of Jand village, post office Maneke, under Valtoha
police station, in Patti sub-division of Amritsar district. A mason by profession,
Balwinder was unmarried. According to his brother Shinder Singh, he had no link
with the militant movement and had never been arrested before his execution.
Balwinder used to sometimes volunteer for work on the renovation and construction
of gurdwaras under the guidance of Baba Resham Singh, a well-known religious
figure in his village.
In April 1993, Balwinder had gone with Baba Resham Singh to renovate a famous
gurdwara dedicated to Guru Hargovind at Sri Hargobindpur in district Gurdaspur. A
joint force of Tarn Taran police and members of a vigilante group under the leader-
ship of Nihang religious leader Ajit Singh Phoola and sponsored by the police
establishment, abducted Balwinder along with Baba Resham Singh and five of his
associates. All of them were held at Kairon police post for a week and brutally
tortured under interrogation and then killed in two separate incidents of encounters
orchestrated by Harike and Patti police.
The cremations on 28 April 1993 of Gulzar Singh, Resham Singh and Sukhdev
Singh, killed in these incidents, are recorded in the CBIs list of identified cremations,
Under serial nos. 308/1015, 309/1018 and 310/1019, and have been described in the
relevant chapter of this report. The cremation of Balwinder Singh, and of another
unidentified person, carried out without the familys knowledge, is recorded in the
CBIs third list Under serial nos. 599/1020 and 600/1021.
Balwinders father Jeet Singh was unable to bear the shock of this incident and
died from a heart attack a year later.
599
REFLECTIONS AND
RECOMMENDATIONS
ENDNOTE
Michel Foucault, in his Birth of the Prison, narrates the public execution of a poten-
tial regicider in 1757 Paris. The execution was carried out following a court sen-
tence that required him to be conveyed to the scaffold where the flesh will be torn
from his breast, arms, thighs and calves with red hot pincers, his right hand burnt
with sulphur, and on those places where the flesh will be torn away, pour molten
lead, boiling oil and then [have] his body drawn and quartered by four horses and
his limbs and body consumed by fire, reduced to ashes. The crown used this cer-
emony of punishment to publicly establish its supremacy over the threat of treason.
It was a liturgy and investiture of the monarchical power to overwhelmingly retain
peoples loyalty through a demonstration of its devastating force.
Times have changed and so, we claim, have the structures of the state and the
norms of punishing political crime. A state like India, defined and structured by a
written Constitution, is not supposed to practice violent ceremonies of self-affirma-
tion over the bodies of those they suspect desire its destruction. But, as we have
seen in all 672 cases of police cremations that we have discussed in this report, the
states theatres of terror continue to operate behind the walls of police stations
and interrogation centers, and their ceremonies of punishment remain as spectacu-
lar and bloody as in Foucaults example from 1757 France. The Indian Constitution
and its promises may be real, but so are their bloody and brutal violations and their
ceremonial character of the states implacability. We cannot help being confounded
by these parallel realities of constitutional promise and political practice, their struc-
tural insuperability and the annihilation of intelligence by the violence of the para-
dox. Incantations of human rights lose context or meaning and we begin to under-
stand why Theodor Adorno said that to write poetry after Auschwitz is barbaric.
We find ourselves in spiritual empathy with Ajaib Singhs suicidal bereavement
illustrated in the Committee for Coordination on Disappearances in Punjab (CCDP)
1999 interim report.
Ajaib Singhs is not the only family in Punjab with a tale of tragedy and impos-
sible redress. We have tried to capture the melancholy of lifes irrelevance in the
face of the states power to wish it away that permeates other myriad households,
dotting Punjabs countryside, similarly destroyed by Indias war against the Sikh
separatist threat. The list of such people who have become black ink in our dusty
appendices.p65 4/27/03, 10:28 PM 599
registers is very long. The shipwreck of survival for their relatives would be an-
other long saga. The reader of this volume must be tired by the monotony of it all,
the same eternal story of police brutality and imperturbability of the powers. The
repetition of the name Singh, as all male Sikhs carry the same surname
1
must make
it appear that the same Singh is abducted, tortured, disappeared or killed thousands
of times. In a way, that appearance belongs to the irrationality of individual histo-
ries that vanish into nothingness. Human rights atrocities that remain unaccounted
for and outside institutional verification leave the serial order of time. The past
becomes a continuous nightmare, without awakening and beyond atonement. The
individual identities of the victims and the perpetrators of crimes lose relevance in
the myths of collective guilt and suffering.
Yet, in this report, we have attempted to recover the enormity of atrocities from
that rift in consciousness created by the life-exhausting and fruitless pursuit of ac-
countability by the victim families, on the one hand, and the complex denial and
obfuscation of facts by the Indian authorities and institutions, on the other. We
have attempted to recover the facts of atrocities, as systematically and objectively
as possible. We act because of our conviction that the recovery of atrocious truth in
a social and political space, where society as a whole can take responsibility, is a
perquisite for the restitution of wrongs.
Ours is only a feeble attempt. It needs the support of a more competent follow-
up, in order to expose and analyse the irrationality of the parallel worlds of the
rhetoric of rights and the realities of wrongs, identify their reasons in history, and
make them amenable to correction. Our documentation represents less than 10 per
cent of the victim testimony. The vast majority of incident reports, contained in our
two volumes, have come from parents of the disappeared who are themselves old
and may not live long to recount their experiences. Most of them are poor and
illiterate and do not know and heed the meaning of evidence in historical or legal
terms. By failing to record their experiences soon, we shall altogether lose the his-
torical and legal evidence, the meaning and the spiraling consequences of atroci-
ties. Apart from completing the documentation of violations, including enforced
disappearances and arbitrary killings, the urgent issues for further research are: [1]
The implications of trauma; [2] Survival after custodial torture; [3] The plight of
widows and orphans; [4] The effects of damage, destruction and confiscation of
property; [5] The working of the TADA courts and the pending prosecutions under
the act; [6] The role of the media; and [7] The role of medical professionals.
Normally, a report of this nature concludes with a set of recommendations ad-
dressed to the powers that be. In this case, we do not know who constitutes the
appropriate authority to hear our findings and recommendations. It does not make
sense for us to address our recommendations to those Indian government agencies
that hold direct responsibility for these enormous human rights crimes and exult in
them, advocating amnesty to offenders and the closing of the book. We hope our
report does not illicit the same rhetoric of denial that tiresomely defines their re-
sponse to evidence of human rights crimes.
We had hoped that the National Human Rights Commission (NHRC) would
draw from our investigative work at the grass-root level to make up for the failure
1
This was an egalitarian innovation of the 10th tenth Sikh Guru against Indias caste system.
appendices.p65 4/27/03, 10:28 PM 600
601
of the states investigative agencies in furnishing the facts necessary for its determi-
nation and adjudication of the issues. Our experiences of participation in the pro-
ceedings before the NHRC, over the last six years, have completely belied our
initial hopes. The commission has concluded that the records of investigations car-
ried out by the CBI are not helpful in revealing the necessary facts. The state of
Punjab and its agencies too have not provided any meaningful information. The
commission itself does not have an independent investigative agency to take on the
task. Even then, it has made no attempt to reach the victim families and receive their
depositions although it has become abundantly clear that all of the agencies in-
volved in the counter-insurgency operations, including the CBI, are complicit in
the conspiracy of impunity. We hope that the commission will use our case studies
to involve the victim families directly in its proceedings and use their testimony to
fulfill the mandate it has received from the Supreme Court.
We also appeal to the victim families to reach out to other segments of the
Indian population and share their experiences as mothers, fathers, wives, and chil-
dren of the disappeared. Their perseverance for justice, in spite of the destruction
they have suffered, moves us; we ask them to speak across social and political
differences and lead these efforts against impunity.
We also beseech the educated sections of the Indian middle class to pay careful
attention to the facts and the histories contained in this volume and hear the victims
stories. They must recognize that at the heart of these human rights crimes lies their
secret compact with the states hidden demonic, guided by their parochial and sec-
tarian passions and prejudices. It is under their approving eyes and complicity that
the state forces can inflict pervasive atrocities on Indias religious minorities, politi-
cally discontented segments of the population and non-dominant communities in
the countrys peripheries. The Nazis accomplished the Holocaust, as Thomas Mann
explained, under the same conditions of social collusion.
2
Thus, only if they sup-
press prejudices with an honest analysis of the facts and histories can we begin to
create space for restitution.
India is a constitutional state that is supposed to confine the powers of its agen-
cies by law and by clear divisions of their legislative, executive and judicial func-
tions. The Constitution and its agencies remained intact even as pervasive atrocities
occurred in Punjab. No official agency formally approved of them; all silently ac-
quiesced. The operations did not develop out of deliberations or policy decisions,
but the legislators and members of Parliament knew what was happening in their
constituencies. Judges and magistrates colluded with the torture and elimination of
detainees by literally closing their eyes to the evidence and by uncritically accept-
ing the official denials and lies. The media appeased the state by practicing self-
censorship. Many journalists in the print, wire and electronic media supported the
murderous operations of the security forces more directly. This was the climate of
approval in which the atrocities occurred and unless we recognize and address these
issues contributing to the state of impunity in Punjab, the struggle for truth, ac-
countability and justice will continue to be thwarted.
2
Thomas Mann, Germany and the Germans, in Listen Germany: Twenty-five Radio Messages to the
German People over BBC, Knopf, NY, 1945, p. 5
Endnote
appendices.p65 4/27/03, 10:28 PM 601
appendices.p65 4/27/03, 10:28 PM 602
603
PRESS NOTE ON MASS ILLEGAL
CREMATIONS 16 JANUARY 1995
APPENDIX - I
HUMAN RIGHTS WING (S.A.D.)
HEAD OFFICE: KOTHI NO. 30, Sec. 5, Chandigarh-160005 (INDIA)
Ph. (0172) 541244 P.P.
Ref. No. 103/95 Dated: 16-01-95
DISAPPEARED: CREMATION GROUNDS
The cases of disappeared persons has been a source of constant concern for all
human rights groups working in Punjab. An estimated 2000 families from the
district of Amritsar alone, wait agonisingly for the return of their near and dear
ones. Some families, who cannot bear the uncertainty any more, just want to know
if their son, brother, husband or daughter is dead or alive so that they can perform
the last religious rites and accept the tragedy as the will of God.
The Human Rights Wing (HRW) of the Shiromani Akali Dal constituted a two
member team to investigate into the matter and try to get some leads, at least to the
disappearances. The investigation team came across some astounding facts which
are being released as under.
The investigation team decided to work in the Amritsar area and its neighboring
police districts. It was learnt that the police regularly bring bodies to the municipal-
ity grounds for cremation, declaring them as unclaimed. The team found that 400
unclaimed bodies had been brought for cremation to the Patti municipality crema-
tion grounds. Bodies brought to the Patti municipal committees cremation grounds
came from as far as Khalra 40 Kms, Kairon 10 Kms, Harike 15 Kms, Valtoha
30 Kms, Bhiki 25 Kms. 700 unclaimed bodies to the Tarn Taran municipality
cremation grounds. The only record of these unclaimed bodies is available from the
receipt book through which firewood was issued for the disposal of the bodies. The
receipt book has the date and number of bodies brought, recorded on it.
In Amritsar district, the maximum unclaimed bodies brought for cremation was
to the cremation grounds near the Durgiana Mandir. From 1
st
June 1984 to the end
appendices.p65 4/27/03, 10:28 PM 603
of 1994 about 2000 bodies have been cremated as unclaimed. The officials of the
Durgiana Mandir cremation grounds expressed their inability to show any records,
but suggested that details will be available with the Amritsar registrar of Births and
Deaths. The details which could be gathered at the registrars office are given be-
low.
During the 1
st
year of the Govt. of Mr. Beant Singh, 300 unclaimed bodies were
brought to the Durgiana Mandir cremation grounds by the police department. Out
of these 300 bodies names of 112 have been given and the rest were declared as
unidentified. 41 persons have been recorded to have died of bullet injuries or police
encounters. No reason has been recorded for the cause of the death of 259 persons.
Postmortems were conducted only on 24 bodies by the Amritsar Medical College.
No postmortem was conducted on 276 bodies. 5 bodies of females, as per the record,
out of which 3 names have been recorded. The details of the 3 female bodies are:-
Harpal Kaur, Village Dhulka. Dated 25.12.92. Achint Kaur & companion. Dated
30.9.92.
Two bodies are those of Kashmiris of Sopore, cause of death, encounter. One
unclaimed body is from near Chamkaur Sahib, in Ropar district.
Baghel Singh alias Gurdarshan Singh of village Deriwal was nabbed by the
Punjab Police in Bihar. News of his arrest was reported in the Punjab press. Vari-
ous organizations in Punjab apprehended him being eliminated in a faked encoun-
ter. This was around the last week of Nov/first week of Dec/91. On the 19
th
.1.92, the
police knowing fully well the identity of Baghel Singh and his village, brought his
body to the Durgiana Mandir cremation grounds for cremation as unidentified and
unclaimed.
Mr. Piara Singh s/o Shingara Singh, Director of Central Co-operative Bank in
Amritsar, paternal uncle of Harminder Singh Sultanwind (Militant), Mr. Piara Singh
had gone to a relatives farm in Pilibhit in Uttar Pradesh. One morning, a jeep drove
up to the farm house, a team of doctors attired in white coats, sporting stethoscopes
approached the residents of the farm requesting them that a V.I.P. was coming to
the neighboring village to inaugurate a Govt. medical clinic and some respectable
citizens should also grace the occasion. They requested Mr. Piara Singh to come
with them. Mr. Piara Singh ended up at the Durgiana Mandir cremation ground on
16-12-92.
Mr. Pargat Singh Bullet was undergoing treatment at the Guru Nanak Hospi-
tal Amritsar. He was abducted by the Raja Sansi police and his unidentified body
was brought to the Durgiana Mandir cremation grounds on 3-11-92.
As per the Punjab Police Rules No. 3, Rule 25.38 in Chapter XXV states the
procedure to be adopted in cases of dead bodies which are unidentified. The rule is
quoted as below: 25.38. If a body is unidentified, the officer making the investiga-
tion shall record a careful description of it, giving all marks, peculiarities, deformi-
ties and distinctive features, shall take the finger impressions and in addition to
taking all other reasonable steps to secure identification, shall, if possible, have it
photographed and in case where such action appears desirable, a description pub-
lished in the criminal Intelligence Gazette.
Unidentified corpses should be handed over to any charitable society which is
willing to accept them, and if no such society comes forward, they should then be
buried or burned.
appendices.p65 4/27/03, 10:28 PM 604
605
What is surprising is that the police has given the identity of the body and also
the village and yet disposed of the body as unidentified or unknown. The po-
lice has not bothered to give the nature of deaths.
HRW would like to add here that this disposal of bodies is in addition to bodies
that are weighed down and dumped into the various rivers and canals.
HRW places on record details of just a few cremation grounds. Similar will be
the picture from the remaining cremation grounds.
HRW demands that keeping in view the seriousness of the case in mind, the
High Court order a CBI inquiry into the matter, and the deaths placed on record. So
that the agonising wait of thousands of families may end. Dependents can get death
certificates issued so that those who were employed, can proceed with the depart-
mental formalities.
The investigation team comprised of Mr. Jaswant Singh Khalra and Jaspal Singh
Dhillon.
Sd/- Sd/-
(JASWANT SINGH KHALRA) (JASPALSINGH DHILLON)
Appendix I
appendices.p65 4/27/03, 10:28 PM 605
appendices.p65 4/27/03, 10:28 PM 606
607
INCIDENT REPORT FORM
APPENDIX - II
THE COMMITTEE FOR COORDINATION ON
DISAPPEARANCES IN PUNJAB
Chandigarh Secretariat: 742, Sector 8, Chandigarh, Tel. 544920
New Delhi Secretariat: 56 Todarmal Road, (Bengali Market)
N Delhi. Tel. 23714531
A DESIGN FOR INCIDENT REPORT FORM
Name of the disappeared/ dead person:
Caste:
Fathers name:
Mothers name:
Address:
..................................................................................................................(top sheet:
to tear along the dotted line)
Name of the disappeared/ dead person:
Alias, if any:
Caste:
Fathers name:
Mothers name:
Address:
Alias if any:
Age (Give date of birth if possible):
Educational qualification:
Profession/ occupation:
Monthly earning:
appendices.p65 4/27/03, 10:28 PM 607
Other sources of income:
Marital status:
Name of the spouse and the address:
Age:
Employed/ unemployed/ details:
Spouses parents:
Fathers name and age:
Mothers name and age:
Profession/occupation:
Residence:
Children:
Names/age/sex:
Names of other dependants within the joint family:
General background of the disappeared/ dead person:
(Specially relevant would be details of hostile interaction with the security forces
since 1984.)
Date and time of disappearance:
Location of disappearance:
(Include as much detail as possible)
Circumstances of disappearance:
(Short narrative statement with names of people responsible)
Are there witnesses? Yes/No.
Details of witnesses: Names/ addresses:
(Note: Specify if you do not wish to divulge the names of witnesses for the
present. In which case do not fill this column.)
Perpetrator/s:
Name/s:
Age/ Physical description:
The security agency to which the perpetrator/s belong:
Rank
Uniformed or in plainclothes?
Description of uniform/dress:
Attached to which police station when the incident happened?
The present posting:
Any other details which you might want to add:
When was the person last seen?
By whom?
Where?
Steps taken to trace the disappeared and the results:
appendices.p65 4/27/03, 10:28 PM 608
609
First Information Report filed? Yes/No
If yes, the number and the date:
The name of the police station:
Name of the officer who recorded the report:
Outcome, if any:
Habeas Corpus Petition filed? Yes/No
If yes, the number, date, and the court:
Name of the lawyer:
Address:
Telephone No.
Outcome:
Appeals made to local and national authorities. Give details. Photocopies if
possible:
Outcome:
Is it possible that the disappeared person may be alive? Yes/ No
Give reasons why you believe this:
If believed to be alive, name the location where the person might be found:
Is it assumed that the person has been killed and cremated? Yes/ No
If yes, why you believe this:
Is it assumed that the dead-body was disposed of in any other manner? Yes/ No
If yes, explain why you believe this:
Was the incident reported in newspapers? Yes/No
If yes, name the newspaper/s:
Date/s on which the report appeared:
Was there ever any report in the press about the disappeared/ dead prior to this
incident? Yes/ No
Give details:
Enclose copies if possible.
Have you had any official or unofficial communications with police officials
concerning the fate of the person at any time? Yes/No
If yes, give details:
Has any other person known to you also been abducted/ disappeared/reported
killed in armed encounter in connection with the reported incident? Yes/No
Do you know of the disappearance of any other person?
Has any other member/s of your family disappeared? Yes/No
Appendix II
appendices.p65 4/27/03, 10:28 PM 609
Did you receive the body for performing the last rites? Yes/ No.
If yes, from whom?
Was any property (structures, possessions, live stock or other chattel) damaged/
destroyed/ stolen/ expropriated in the course of the incident or subsequently? Yes/
No
Who owned the property which was damaged/ destroyed/ stolen/ expropriated?
Who damaged/ destroyed/ stole/ expropriated it?
Names:
Agency to which they belong:
Rank-designation:
Description for identification:
Age:
Physical description:
Describe the property:
1. Damaged: Value:
2. Destroyed: Value:
3. Stolen: Value:
4. Expropriated: Value:
Has the event of disappearance had any psychological/medical consequences in
the family? Yes/No:
Hospitalization/ Expenses:
Has there been any death in the family connected/ subsequent to the event of dis-
appearance? Yes/No:
Other comments:
Signature of the person giving details of the incident:
Name in full:
Fathers name:
Mothers name:
Relationship to the missing/ killed/ cremated person:
Present Address:
Date/Place:
appendices.p65 4/27/03, 10:28 PM 610
611
DISTRICTS OF PUNJAB
APPENDIX - III
appendices.p65 4/27/03, 10:28 PM 611
INDIA
appendices.p65 4/27/03, 10:28 PM 612
613
Deputy Superintendent
of Police (+1)
APPENDIX - IV
Note: This chart shows the relevant positions mentioned in the report. It is not a
complete representation of the Police command structure.
Director General of Punjab Police
Inspector General of Punjab
Police (+1)
Assistant Inspector
General Pubjab Police
Deputy Inspector General (+1)
Incharge of Range
Senior Superintendent of Police (+1)
Incharge of District in Range
Superintendent of Police (+1)
Assistant Superintendent
of Police (+1)
Inspector (+1)
Sub-Inspector (+1)
Assistant Sub-Inspector (+1)
Head Constables (+1)
Constables (+1)
Additional DGPs (+1)
ORGANIZATIONAL STRUCTURE
OF PUNJAB POLICE AND
ABBREVIATIONS OF POLICE RANKS
appendices.p65 4/27/03, 10:28 PM 613
ABBREVIATIONS OF PUNJAB POLICE RANKS
DGP Director General of Police
ADGP Additional Director General of Police
IGP Inspector General of Police
DIG Deputy Inspector General
SSP Senior Superintendent of Police
AIG Assistant Inspector General of Police
SP Superintendent of Police
ASP Assistant Superintendent of Police
DSP Deputy Superintendent of Police
SHO Station House Officer
Insp. Inspector
SI Sub-Inspector
ASI Assistant Sub-Inspector
HC Head Constable
Const. Constable
appendices.p65 4/27/03, 10:28 PM 614
615
12 DECEMBER 1996 SUPREME COURT
ORDER REFERRING THE MATTER OF
ILLEGAL CREMATIONS TO THE NHRC
APPENDIX - V
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Writ Petition(Crl.) No. 497/95
PARAMJIT KAUR Petitioner(s)
VERSUS
STATE OF PUNJAB & ORS Respondent(s)
With Appln(s). for directions
With P(Crl.) No. 447/95
Date: 12/12/96 These Petitions were called on for hearing today.
CORAM:
HONBLE MR. JUSTICE KULDIP SINGH
HONBLE MR. JUSTICE S. SAGHIR AHMAD
For Petitioner (s) Mr. R S Sodhi, adv.
Mr. Ashok Aggarwal, adv.
Mr. P D Sharma, adv.
For Respondent (s) Mr. Mela Ram Sharma, adv.
Mr. R S Suri, adv
Mr. T C Sharma, adv.
Mr. P Parmeshwaran, adv.
appendices.p65 4/27/03, 10:28 PM 615
UPON hearing counsel the Court made the following
ORDER
After hearing learned counsel for the parties, the Court passed the order requesting
the National Human Rights Commission through its Chairman to have the matter
examined in accordance with law and determine all the issues which are raised
before the Commission by the learned counsel for the parties. Copies of the order
dated November 15, 1995 and all subsequent orders passed by this Court alongwith
the copies of all the CBI reports in sealed covers be sent to the Commission by the
Registry within one week.
(S K Dudani)
Court Master
Alka
Signed order is placed on the file.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition(Crl.) No. 497/95
PARAMJIT KAUR Petitioner (s)
VERSUS
STATE OF PUNJAB & ORS. Respondent (s)
With
W.P. (Crl.) No. 447/95
ORDER
Two issues were raised before this Court in Mrs. Paramjit Kaur Vs. State of Punjab
and Ors. in Writ Petition (Crl.) No. 497/95 and the connected Writ Petition (Crl.)
No. 447/95. The first issue concern [sic] the abduction of Mr. J.S. Khalra, General
Secretary, Human Rights Wing of Shiromani Akali Dal. This Court after monitor-
ing has passed final order so far as issue regarding Mr. Khalra is concerned. The
second issue raised in the Writ Petitions related to the Press Note dated January 16,
1995 issued by the Human Rights Wing of the Shiromani Akali Dal under the sig-
natures of Khalra and J.S. Dhillon under the caption DISAPPEARED: CRE-
MATION GROUNDS. The Press Note stated that large number of persons were
cremated by labelling them as un-identified. This Court dealt with the second issue
as under:
The second issue highlighted in this petition is equally important. This Court
cannot close its eyes to the contents of the Press Note dated January 16, 1995 stated
to be investigated by Khalra and Dhillon. In case it is found that the facts stated in
appendices.p65 4/27/03, 10:28 PM 616
617
the Press Note are correct even partially it would be a gory-tale of Human-rights
violations. It is horrifying to visualize that dead-bodies of large number of persons
allegedly thousands could be cremated by the police unceremoniously with a
label unidentified. Our faith in democracy and rule of law assures us that nothing
of the type can ever happen in this country but the allegations in the Press-Note
horrendous as they are need thorough investigation. We, therefore, direct the
Director, Central Bureau of Investigation to appoint a high powered team to inves-
tigate into the facts contained in the Press Note dated January 16, 1995. We direct
all the concerned authorities of the State of Punjab including the Director General
of Police, Punjab to render all assistance to the CBI in the investigation. All the
authorities of the Punjab Government shall render all help and assistance to the CBI
team as and when asked by any member of the said team. We give liberty to the
CBI to seek any further directions from this Court from time to time as may be
necessary during the investigation.
The CBI has completed its enquiry as directed by us. The 5
th
and final report
was filed in this Court on December 9, 1996. The report is self explanatory and
speaks for itself. The Registry shall send a copy of the report to the National Hu-
man Rights Commission (the Commission) under a sealed cover. The report indi-
cates that 585 dead bodies were fully identified, 274 partially identified and 1238
un-identified. Needless to say that the report discloses flagrant violations of human
rights on a mass scale. Without going into the matter any further, we leave the
whole matter to be dealt with by the Commission.
This Court on December 11, 1996 passed the following order:
Pursuant to this Courts order dated November 15, 1995, the CBI has placed
on record the 5
th
and Final report dated December 9, 1996 regarding the crema-
tion by the Police of lawaris dead bodies in various Districts of Punjab. Mr. M
L Sharma, Joint Director, CBI is personally present in Court. We agree with the
suggestion of Mr. Sharma that the contents of the report be kept secret, as at
present, because further investigation has to be undertaken by the CBI. Mr.
Sharma has suggested that since large number of cases may have to be regis-
tered, the CBI may be permitted to undertake investigation of 10-15 cases and
the remaining cases be investigated by the Punjab Police. We appreciate the
suggestion but since the CBI has done the initial investigation in this matter
and has placed five detailed reports before this Court while appreciating
the work of the CBI, we are of the view that as at present, the CBI should
undertake the investigation of all the cases which are to be registered as a result
of the final report. We, therefore, direct the CBI to take further action into
the matter and register the cases, where necessary, hold investigations and
proceed in accordance with law on the basis of the material collected during
investigation.
We, however, give liberty to the CBI to seek further directions, if necessary,
from this Court in line with the suggestion made by Mr. Sharma or for any other
purpose. The CBI shall, after every three months, place a status report regard-
ing the investigation in this Court.
Appendix V
appendices.p65 4/27/03, 10:28 PM 617
While the CBI is investigating the matter, we are of the view that the remaining
issues involved in this case be left for the determination of the Commission, which
is the appropriate body for this purpose.
Learned counsel in the two writ petitions have vehemently contented that all the
585 bodies which have been identified, their heirs/dependents are entitled to com-
pensation. Our attention has been invited to various provisions specially Sections
12 and 18 of the Protection of Human Rights Act, 1993.
We request the Commission through its Chairman to have the matter examined
in accordance with law and determine all the issues which are raised before the
Commission by the learned counsel for the parties. Copies of the order dated
November 15, 1995 and all subsequent orders passed by this Court alongwith the
copies of all the CBI reports in sealed covers be sent to the Commission by the
Registry.
Since the matter is going to be examined by the Commission at the request of
this Court, any compensation awarded by the Commission shall be binding and
payable. If any approval or further assistance from this Court is necessary, the
same may be sought by the Commission. The necessary papers be sent to the Com-
mission within one week in a separate seal cover.
Sd/-
J.
(KULDIP SINGH)
Sd/-
J.
(S. SAGHIR AHMAD)
NEW DELHI
DECEMBER 12, 1996
appendices.p65 4/27/03, 10:28 PM 618
619
NHRC PROCEEDING
APPENDIX - VI
NATIONAL HUMAN RIGHTS COMMISSION
SADAR PATEL BHAWAN
NEW DELHI
Reference Case No. 1/97/NHRC Dated: 16-01-95
REFERENCE MADE BY THE SUPREME COURT ON WRIT
PETITION NO. 447/95 AND 497/95
CORAM
Justice Shri J.S. Verma, Chairperson
Dr. Justice K. Ramaswamy, Member
Shri Sudarshan Agarwal, Member
Shri Virendra Dayal, Member
PRESENT
1. Shri Harish Salve, Solicitor General of India with
Shri R.V. Sinha, Advocate for Union of India
2. Shri R. Venkataramani, Sr. Advocate for NHRC
3. Ms. A. Choudhry, Under Secretary, Min. of Home, New Delhi
4. Shri Sarup Singh, Advocate for the State of Punjab
5. Shri Jayadeva Prasad, Dy. Legal Adviser, CBI
6. Shri S.P.S. Dutta, Dy. SP/CBI, New Delhi
7. Shr. R.K. Sharma, I.G.P. Litigation, Punjab
8. Shri Rajinder Singh, DIG, Police, Litigation, Punjab
9. Shri Mohinder Pal Trehan, Under Secretary (Home), Punjab
9. [sic] Shri Sudhir Walia, Advocate for Punjab Police
appendices.p65 4/27/03, 10:28 PM 619
PROCEEDINGS
We have heard Shri Harish Salve, Solicitor General of India, on behalf of Union of
India, Shri R. Venkataramani, Sr. Advocate for NHRC, Shri Sarup Singh, Advo-
cate for the State of Punjab and Shri Sudhir Walia, Advocate for Punjab Police.
The report prepared by Shri Venkataramani has been considered.
There are three categories of cases. One category relates to 23 cases. They do
not fall within police districts Amritsar, Majitha and Taran Taran. The list of these
cases is in Annexure A to the letter of Government of Punjab dated 17
th
January
2000. It is not disputed that these 23 cases do not fall within the purview of the
present reference and, therefore, need not be gone into by the Commission. Ac-
cordingly, these 23 cases are excluded from consideration by the Commission.
Intimation to the concerned claimants be given accordingly.
The second category of 18 cases which are required to be considered by the
Commission for payment of compensation is shown in Annexure C in the above
said letter. Their position is this:-
The material present in conjunction with the stand taken by the State Govern-
ment, that is has neither conducted any detailed examination in these cases on
merits nor does it admit its liability in these matters but it offers payment of com-
pensation in accordance with its policy contained in letter dated 29 August, 1995
with a view to settle the matter as also in view of the suggestion of the NHRC,
alone is sufficient to render the State Government liable for payment of compensa-
tion on the above basis. For this conclusion it does not matter whether the custody
was lawful or unlawful or the exercise of power of control over the person was
justified or not; and it is not necessary even to identify the individual officer or
officers responsible/concerned.
The third category comprises 47 claims shown in Annexure B. It is necessary
to scrutinize them according to the settled principles for the award of compensation
in such cases. Learned counsel will help the learned Amicus Curiae in the scrutiny
of these cases according to their convenience and a report of the outcome of the
scrutiny will be submitted by the learned Amicus Curiae within three months to
enable the Commission to proceed further in the matter.
It would be appropriate that determination of the quantum of compensation pay-
able in the above 18 cases and any other cases out of the remaining 47 claims in
which the claim is found to be justified is done at one time after the scrutiny of these
47 cases is complete.
We also consider it appropriate that the decision on the dispute relating to the
liability for payment of compensation between the Government of India and the
State Government be left open for consideration, should that dispute survive, at the
end of the proceedings after determination of the quantum of compensation in each
case. We would like to reiterate that this dispute between the Government of India
and the State Government on the question of liability for payment of compensation
would better be left open for decision in an appropriate case and in the present case
we do hope even now that some workable solution is found between the two Gov-
ernments themselves.
appendices.p65 4/27/03, 10:28 PM 620
621
GLOSSARY
APPENDIX - VII
AKALI DAL
Literally, the Army of Immortals, the Akali Dal was formed in November 1920
during the second meeting of the Central Sikh League, established to start a cam-
paign to gain control of the gurudwaras from corrupt leaders. The Akali Dal be-
came the main political party purporting to represent the Sikhs. It also spearheaded
the Punjab Suba movement, the anti-Emergency protests and the Dharam Yudh
Morcha of 1982.
AKAL TAKHT
Literally, eternal throne. The symbolic seat of Sikh temporal authority inside the
Harimandir (Golden Temple) complex in Amritsar, built by the sixth guru, Guru
Hargobind, in defiance of the Delhi Takht during the Mughal rule. It is the highest
seat among the four other Sikh takhts.
AMRITDHARI
A Sikh who has taken amrit (nectar) and initiated himself or herself into the com-
munity of the Khalsa. The tenth Sikh guru, Guru Gobind Singh Ji, initiated the
ceremony of amrit in 1699. After administering sweetened water, stirred in an iron
bowl with a two edged-dagger, five Sikhs drank from the same bowl and then asked
the Guru to also drink from the bowl, symbolizing the Gurus decision to merge his
authority into the collective will of the community. All Amritdhari Sikhs follow
the Sikh Rehat Maryada, the code of conduct, and wear the 5 Ks: kesh (uncut hair),
kanga (comb), Kada (steel bracelet), Kirpan (saber) and kachcha (shorts).
DAM DAMI TAKSAL
A Sikh seminary, judged to have been the citadel of Sikh orthodoxy for more than
200 years.
appendices.p65 4/27/03, 10:28 PM 621
GURUDWARA
Literally, Gateway to the Guru. A Sikh house of worship with four doors, sym-
bolizing that it is open to all people. Sikh gurudwaras also provide free meals to all
who come and everyone dines together, which is the anti-thesis to casteism.
KAR SEVA
Voluntary labor, especially performed for the renovation of gurudwaras and other
buildings.
KHALSA
Literally, the sovereign. This term has commonly been misinterpreted as the
pure. The community of Amritdhari Sikhs formed by Guru Gobind Singh Ji.
NIHANG
An order of Sikhs, distinguished by their distinct clothing: Blue clothes with a yel-
low sash. They follow a soldierly lifestyle and eschew household comforts.
PANCHAYAT
An elected village council meant to function as a unit of self-government, under
Article 243B of the Constitution. The panchayat is responsible for the development
of plans and implementation of schemes relating to economic development and
social justice as provided under the Constitution. See Part IX of the Indian Consti-
tution.
SARPANCH
Chairperson of the village panchayat.
appendices.p65 4/27/03, 10:28 PM 622
6
2
3
LIST OF IDENTIFIED DEAD BODIES DIED
DUE TO POLICE/ PARA MILITARY FORCES ENCOUNTER\AND CREMATED BY PUNJAB POLICE.
POLICE DISTRICT TARN TARAN, PUNJAB
SL No. Name Date of Police Stn & Police Officer Post Mortem Cause of Death
Cremation FIR No. Giving Requisition Report No
for Cremation
1./001 Sukhdev Singh@ 06.07.84 Verowal 256/84 Kulwant Singh HC SSC 5/84 Police encounter.
Sukha, s/o Isher Singh,
r/o Tanori
Dt. Jind, Haryana
2./002 Acchar Singh, s/o Tara Singh, 21.07.84 Patti 223/84 Vishwamitra HC SKG-16/84 Police encounter
r/o Kamboke, Teh.Patti ASR
3./008 Virsa Singh, s/o Harnam Singh, 10.-05-87 Harike 59/87 Madan Gopal Insp. JSC-33/87 Police encounter
r/o Sur Singh
4./011 Sukhwant Singh s/o Desa Singh 05-07-87 Valtoha 90/87 SI/SHO Amar Singh SLG-53/87 Bullet injuries.
r/o Chak Sikkander. PS. Ramdas
5./017 Swarn Singh s/o Mahanta Singh 16-10-87 Chabal 227/87 HC Jaswinder Singh KS-34/87 Firearm injury.
r/o Kamboke, Teh.Patti
6./018 Narinder Singh, @ Pratap Singh, 18-10-87 Verowal 204/87 ASI Aatma Singh KS-35/87 Not available.
s/o Puran Singh, r/o Bhorsi.
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appendices.p65 4/27/03, 10:28 PM 624
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Appendix VII
appendices.p65 4/27/03, 10:28 PM 625
R
e
d
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d

t
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A
s
h
e
s
6
2
6 LIST OF PARTIALLY IDENTIFIED DEAD BODIES WHO DIED DUE TO POLICE/ PARA MILITARY
FORCES ACTION AND CREMATED BY THE PUNJAB POLICE.
POLICE DISTRICT, TARN TARAN, PUNJAB
S. No. Name of the Deceased Date of Police Station Police Officer Post Mortem Cause of Death
Cremation & FIR No. Giving Requisition No
for Cremation
01/04 Sher Singh @ Shera R/o U.P 07-08-84 Sadar T T 230/84 Rajinder Singh SI/SHO RS-7/84 Police encounter.
02/05 Kamaljeet Singh @ Kanwa 07-02-87 Valtoha 25/87 Mohinder Singh ASI JSC-18/87 Firarm injuries.
@ Sher Singh R/o Harnwal,
PS Dera Baba Nanak
03/06 Ranjeet Singh @ Fauja Singh 19-03-87 Sadar T T 50/87 Joginder Singh ASI USS-68/87 Police encounter.
Mazabi R/o Tarsika
04/07 Mangal Singh R/o Bhai Ladhoo 10-05-87 Harike 59/87 Madan Gopal ASI USS-32/87 -do-
05/09 Satnam Singh @ Satta 10-05-87 Harike -do- JSC-34/87 -do-
R/o Chakwalia
06/24 Gurcharan Singh S/o N/K 13-12-87 Verowal 243/87 SI Ajeet Singh KS-49/87 N/A
07/41 Satnam Singh @ Satta @ Bitto 25-07-88 Sarhalli 124/88 ASI Sukhdev Singh KS-49/88 Police encounter.
08/56 Teja Singh S/o Bera Singh Jat 05-11-88 Sadar T T 146/88 SHO Surinder Singh PS-67/88 -do-
09/58 Major Singh @ Kala 20-11-88 City T T ASI Hakumat SIngh KS-7088 Bullet Injuries.
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appendices.p65 4/27/03, 10:28 PM 627
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appendices.p65 4/27/03, 10:28 PM 628
6
2
9
LIST OF UN IDENTIFIED DEAD BODIES DIED
DUE TO POLICE/ PARA MILITARY FORCES ENCOUNTER\AND CREMATED BY PUNJAB POLICE.
POLICE DISTRICT: TARN TARAN, PUNJAB
SL No. Date of Police Stationn. Police Officer Giving Post Mortem Cause of Death
Cremation & FIR No. Requisition for Cremation Report No
1/3 08.10.1984 Bhikiwind 412/84 SHO 9/84 Police encounter.
2/10 01.07.1987 Jhabal Shingara Singh HC RK-1/87 Police encounter.
3/12 19.03.1987 Sadar T.T 50/87 ASI, Joginder Singh VSS-68/87 Fire arm injury.
4/13 16.06.1987 Sadar T.T 91/87 Asi Lakhmir Singh 25 PRS/ 87 Fire arm injury.
5/14 16.06.1987 Sadar T.T 91/87 ASI Lakhmir Singh 26 PRS/87 Fire arm injury.
6/15 23.08.1987 Sadar T.T 115/87 ASI Joginder Singh AKN-7/87 Fire arm inury.
7/16 08.10.1987 Sarhali 201/87 HC Surat Singh 49/PRS/87 Fire arm injury.
8/19 01.11.1987 Jhabal 237/87 SHO KS-36/87 Fire arm injury.
9/20 01.11.1987 Jhabal 237/87 SHO KS-37/87 Fire arm injury.
10/22 02.12.1987 Patti 172/87 SHO VKA-9/87 Fire arm injury.
11/23 02.12.1983 Patti 172/87 SHO VKA-10/87 Fire arm injury.
12/25 13.01.1988 Khemkaran 4/88 SI Harbhajan Singh 13.1.1988 Not available.
13/26 21-01-1988 Sarhalli 9/88 Insp. SHO Darshan Singh PS-7/88 Fire arm injury.
14/27 21.01.1988 Sarhalli 9/88 -do- PS 8/88 Fire arm injury.
15/29 01.03.1988 Jhabal 34/88 ASI Ram Nath AK-12/88 Fire arm injury.
16/30 28.03.1988 Khemkaran 27/88 SI Harbhajan Singh 28.3.88 Fire arm injury.
17/31 25.04.1988 Khemkaran 35/88 SI Harbhajan Singh 24.4.88 Not available.
18/36 19.05.1988 Verowal 87/88 Asi Gulzar Chand PS-39/88 Fire arm injuries.
19/37 19.05.1988 Verowal 87/88 -do- PS-40/88 Fire arm injuries.
20/38 22.05.1988 Khemkaran 46/88 SI Harbhajan Singh - Not available.
21/39 13.06.1988 Khalra 82/88 HC Kulwant Singh SLG-28/88 Fire arm injuries.
22/40 23.07.1988 Sadar T.T 90/88 SHO Mohinderpal Singh PS-50/88 Fire arm injuries.
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appendices.p65 4/27/03, 10:28 PM 630
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Appendix VII
appendices.p65 4/27/03, 10:28 PM 631
appendices.p65 4/27/03, 10:28 PM 632
633
ACKNOWLEDGEMENTS
We owe our deepest gratitude to the victim families who recounted their stories to
us despite the pain of retelling. They willingly endured our questioning and at-
tested to their stories. Many families told us that no one else had ever approached
them to record their experiences of abuse and endurance prior to our visit. Families
recounted their stories despite the reality of police abuse and retaliation today.
We could not have sustained the work for this report without the support from
the following: Sardar Gurtej Singh, former Indian Administrative Service officer,
who gave one part of his house in Sector 8 of Chandigarh to be used as the Commit-
tee for Coordination on Disappearances in Punjab (CCDP) headquarters; Harshinder
Singh, the young advocate who gave up his legal practice to work full time as the
CCDPs data manager; Dr. (Mrs.) Sukhjeet Kaur Gill, major-general (Rtd.) Narinder
Singh and Rajwinder Singh Bains, who were not only responsible for maintaining
the records of contributions and expenditure, but also willingly suffered the agonies
of fund raising for the committee to carry on with its work.
Dozens of local informants risked persecution in accompanying us on our re-
search trips to the villages. They helped us in a spirit of dedication to justice, which
we hope will eventually triumph.
We are especially thankful to the other media in New Delhi, which commis-
sioned us to research and compile the data contained in this volume as part of its
project on Civil Societies Initiatives.
Indira Jaising, the senior Supreme Court advocate, not only represented the vic-
tims of human rights violations before the peoples commission, she also led the
CCDPs legal battle against the petition seeking its ban, first before the High Court
of Punjab and Haryana at Chandigarh and then before the Supreme Court of India.
Indira Jaising remains an active member of the solidarity in Delhi that has been
helping the CCDP to keep up its efforts. Other active members of the solidarity are
Seema Misra, Usha Ramanathan, John Dayal, Patwant Singh, N. D.Pancholi, Gam
Shimray, Vrinda Grover, E. Joyson, Shewli Kumar, Naraz Katwal, Venkatesh Naik,
E. Deenadayalan and Maja Daruwala. We are thankful for their leadership and sup-
port.
Harvard Law Schools Human Rights Program allowed us to use its facilities to
complete the final draft of the report. We are grateful to Prof. Henry J. Steiner,
James Cavallaro and Peter Rosenblum, director, associate director and clinical di-
rector of the program.
Priya Jain and Deepa Jain helped prepare summaries of the incident reports.
The cover has been designed by Marlyn Tadros and Hendrik van der Berge who
are also the manager of our websites: www.punjabjustice.org
We are grateful to our friends from the human rights community in England, the
USA and Canada who read through various parts of the manuscript and made use-
ful suggestions. We respect their request for anonymity. We also thank Anita
appendices.p65 4/27/03, 10:28 PM 633
Abraham, Mona and Negiji for their help in preparing the final typescript.
Tapan Bose, secretary-general of South Asia Forum for Human Rights (SAFHR),
is a founder member of the Committee for Information and Initiative on Punjab,
which has been leading the human rights research in Punjab since 1988 and has
sustained the litigation before the Supreme Court and the National Human Rights
Commission in the matter of the illegal cremations. The SAFHR has not only un-
dertaken to publish the report, but also to coordinate the follow-up on its release.
The CCDP is thankful.
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