It is indeed a sad fact that incidents of Police highhandedness in Punjab have become very common. The life and property of the people has always remained under threat.
The incidents of Police lawlessness have contributed much to the increasing crime graph in the State during the last four years. Newspaper stories narrating incidents of policemen beating innocent citizens are too heartrending, like the one which appeared in The Tribune, Chandigarh dated October 18, 2001 titled “ CRPF men storm village, assault 3”. On reading this news report, a team of Lawyers For Human Rights International was formed to conduct an on the spot investigation and report about the factual chain of events. The team comprised of Arunjeev Singh Walia, General Secretary, Tejinder Singh Sudan, President Chandigarh District Unit, P.K.S.Gill, Manpreet Singh Chahal, Mohinder Singh and Mohinder Kumar.
Places visited
1. Village Nayagaon, District Ropar (Place of Incident)
2. Police Post, Nayagaon, District Ropar
3. Post Graduate Institute of Medical Education and Research, Chandigarh
4. 37 Battallion, CRPF Headquarters, Chandigarh
5. Office of Deputy Superintendent of Police, Mohali, Distt.Ropar
Names and addresses of victims:
1. Mr. Gaje Singh, son of Mr.Gulu Singh, Scheduled Caste, aged around 39 years, Occupation-Tailor, Education-8th Class passed, Marital Status- married (main victim,injured in the beating).
2. Mr. Darshan Singh, son of Mr.Maru Singh, aged around 39 years, handicapped, Occupation- shopkeeper, Education-illeterate, Marital Status- married ( passer-by,injured in the beating).
3. Mrs. Satpal Kaur, widow of Mr.Maru Singh, aged 78 years, Occupation-Old widow, Education-illeterate, Martial Status-Widow(passer-by, injured in the beating)
Facts:-
Gaje Singh, son of Gulu Singh, is a Scheduled Caste lower class tailor having a small shop in village Nayagaon, District Ropar. One Constable Ramesh Chand of 37 Battalion, Central Reserve Police Force attached with the Security of Chief Minister, Punjab, was his customer. He had visited his shop few days ago for getting some alteration in the dress. On October 17, 2001 when the said Constable in civil clothes again came to his shop in the evening at about 5 p.m. some heated arguments ensued between the two over the expenses for the job work which was diffused by the neighouring shopkeepers. The Constable was allegedly beaten up by the tailor and his neighbours. Agitated over the misbehavior, Constable Ramesh Chand came back to his camp and informed his colleagues. Few minutes thereafter, fiv-six more personnel of the CRPF in civil clothes came to teach lesson to the tailor. The villagers resisted the attack and these persons went back to their camp and came back again with a heavy contingent of the CRPF men in uniform armed with service weapons at around 8.15 p.m. and attacked the shop of Gaje Singh the tailor, after cordoning off the entire market. They went berserk and ransacked the shop of Gaje Singh as well as other shops in the market and assaulted every person coming in their way. Gaje Singh was mercilessly beaten with iron rods, wooden part of the assault rifle and wooden sticks. He was also given a blow with the knife attached with the .303 self loading rifle by the police men. He suffered serious injuries on his head, chest and feet. He fell un-conscious then and there. One handicapped shopkeeper Darshan Singh, son of Maru Singh and his old mother Satpal Kaur, who came for his rescue were also attacked with iron rods. Darshan Singh suffered fracture on his right arm and Satpal Kaur suffered internal injuries on her back due to the indiscriminate beating by the CRPF personnel. Even the Police post which was manned by Punjab Police was quite few yards away from the spot, had only three policemen present and they also remained mute spectator to the whole incident which lasted for about 15 minutes. The violent police personnel of the CRPF then fled from the scene after creating a havoc in the entire village. Later on, the injured were taken to PGI,Chandigarh for treatment where two persons namely Gaje Singh and Darshan Singh remained admitted till October 18, 2001.
Police Version:-
According to Punjab Police Sub-Inspector Gurmeet Singh, Incharge, Police Post, Nayagaon, District Ropar a case under Section 452,323,506,148,149 of the Indian Penal Code has been registered on the complaint of the victim Gaje Singh against Constable Ramesh Chand and other unknown persons of the 37 battalion CRPF. No arrests have been made till the filing of this report. The Deputy Superintendent of Police, Mohali under whose jurisdiction the area falls stated to the team on phone that more sections could be added against the accused after receipt of Medico-Legal Report from the PGI, Chandigarh. He also admitted that efforts are made to compromise the matter and Punjab police would have no objection if the matter is compromised. He stated that since the accused belongs to Central force so prior sanction is necessary from the Central Government for their formal arrest, but they have not applied for getting such sanction till date.
The Commandant of 37 Battalion CRPF, Mr. S.C.Saini admitted that not only his men had committed illegal acts, but have also disobeyed the order of the Deputy Commandant, Joginder Singh who had restrained them from going outside the camp to fight with the tailor. Mr. S.C.Saini said that it was the most unfortunate incident which has brought bad name to his force. He assured of strict action against the erring personnel. He immediately ordered the suspension of Constable Ramesh Chand, one Head Constable and two other Constables involved in the incident. He even agreed to compensate the victims by bearing their medical expenses, but refused to tell whether the said expenses would be born by the CRPF or deducted from the salaries of the guilty policemen. He agreed that it was a blatant case of Police highhandedness and that his men had no business to go to the village Nayagaon, as the village fell in Punjab and they had no jurisdiction over the said village. He denied that his men were armed and in uniform when they attacked the village. His frank admission of the guilt of his men is indeed praiseworthy.
Action taken by Police:-
The Punjab police has only booked One Constable Ramesh Chand alongwith other unknown persons of CRPF under Sections 452,323,506,148,149 of the Indian Penal Code. No body has been arrested so far. The victims were also not properly looked after by the Police in the hospital. The statement of the victim Gaje Singh was recorded in Punjabi and his signatures were obtained even though he cannot read or write Punjabi. He says that he had not read his statement before putting his signatures on it.
Findings:-
The investigation team of the Lawyers For Human Rights International, visited village Nayagaon on October 18, 2001 and during the course of investigation met many persons and recorded the statements of the victims and injured persons and also talked to the Police officials as well as residents of the village. Facts disclosed by the victims and the admission by the Punjab Police and the Commandant 37 Battalion,CRPF, Mr.S.C.Saini, there hardly leaves any doubt that:-
1. The act of tresspassing into the shop, beating, assault and causing grievous injuries by Constable Ramesh Chand and his accomplices of 37 Battalion, CRPF attached with the Security of Chief Minister,Punjab, with their service weapons, to the victims, Gaje Singh, Darshan Singh and other persons of Nayagaon, District Ropar on October 17, 2001 was wholly unjustified and without any provocation. It is a clear case of Police highandedness and amounts to commission of offence under Sections 330(voluntarily causing injuries to a person with a view to compel the restoration of some property), 307(attempt to commit murder), 326 (causing grievous hurt with deadly weapon) and 120-B of the Indian Penal Code.
2. The in-action of the Punjab Police in preventing the CRPF personnel from going berserk and indiscriminately beating the victims and then booking the guilty policemen of CRPF for minor and bailable offences and then by not arresting them is shameful. It has given wrong signals to the common man that if the offender is a Police man, the Punjab police will keep a soft heart towards such criminal. The comments of the Deputy Superintendent of Police of the area having the jurisdiction that ‘they would have no objection if the matter is compromised amicably’, smacks of partisan.
3. The casual action taken by the Senior officers of the CRPF by ordering the suspension of only four personnel including One Head Constable is too short of desired action and would not act as a deterrent for the men in the force,considering the nature of offence committed by the persons who are posted on a most sensitive job of protecting the Chief Minister of Punjab.
Recommendations:-
1. The personnel of CRPF involved in the incident should be booked and arrested under Sections 330,307 and 326 of the Indian Penal Code, besides the sections already noted. The sanction for their prosecution should be granted by the Central Government, but their arrest in the above case is most urgent.
2. The Punjab Police must perform the duty of checking the crime and punish the criminal instead of keeping a soft heart towards the guilty CRPF personnel who have committed two serious offences. The Police must act harsh, if such incidents are to be checked in the future.
3. The CRPF authorities should immediately dismiss such rowdy and indisciplined men of their force who are so short tempered that they go berserk without even a slightest of provocation. At the same time, the victims who are poor shopkeepers must be suitably compensated and full expenses for their medical treatment should be born by the CRPF which should be later on deducted from the salaries of the guilty personnel.
4. The Security Incharge of the Chief Minister, Punjab must do a complete screening of the personnel of Central forces attached with the Security of the Chief Minister, and should do away with such personnel who do not behave gently with the common man and have a tendency to take the law into their own hands.
5. The action taken against the guilty CRPF personnel should be exemplary and made to act as deterrent for other officers of the force, otherwise such law breakers may cause more harm than they have done in this incident.
ACTION TAKEN BY LHRI
Our organisation sent copies of the above report to the concerned authorities in Punjab police as well as in the battallion headquarters of the CRPF at Chandigarh. Later on with the intervention of senior officers of CRPF, the victims were suitably compensated by the erring cops and the matter was closed as compromised.
The guilty cops were given mild punishment by the CRPF authorities.
Chandigarh.
October 20, 2001