The image of Chandigarh Police again came under cloud, when almost all the local newspapers of 12th August, 2000 reported about the custodial death of a young RMP doctor Amanjeet in Chandigarh on the night intervening 10-11th August, 2000.
Particulars of the victim:
The victim, Amanjeet was a 29 years old RMP doctor with B.E.M.S. and B.A.M.S. degrees. He was running a small clinic in Village Badala, Teh. Kharar, Distt. Ropar. He was a Christian and cleanshaven man. A teetotaler, soft spoken and a man with sober qualities, he is survived by his 7 months pregnant wife Varsha, who is a staff nurse in Govt. Medical College and Hospital,Sec.32,Chandigarh and his parents who live at Batala, Distt. Gurdaspur(Punjab).
Witnesses examined by the team :-
1. Varsha,widow of deceased
2. Mulla Singh, father of deceased
3. Ashok Kumar, immediate neighbour of deceased
4. Kusum, wife of Ashok Kumar, neighbour
5. Karnail Singh, Panch, Village Badala, Teh. Kharar, Distt. Ropar.
and about twenty other witnesses.
Facts:
Amanjeet, son of Mulla Singh was married to Varsha, a staff nurse in Govt. Hospital, Sec.32, Chandigarh, some two and half years ago and had purchased a small house in Chandigarh in the end of April, 2000 and were leading a happy life in Chandigarh. His father is a retired govt. servant and lives at Batala, Punjab. Amanjeet, a B.A.M.S. doctor, was running a Clinic in a remote village in Distt. Ropar since January, 2000. He used to go to his clinic on his grey colored scooter no.PB-18-C-1734 at about 9 a.m. and return at about 5-6.P.M. According to the neighbours and the family members, he was a teetotaler person with no bad habits. His father and mother had came to see his pregnant wife from Batala on 30th July,2000. His mother was with him on 10th August. His father had gone to Batala to collect his pension and as per the programme reached Chandigarh on 10th August,2000.
On the ill-fated day of 10th August, 2000 the victim Amanjeet as usual went to his clinic at about 8.30-8.45 a.m. on his scooter, but never returned back home. On 11th August,2000 at about 4.A.M.a phone call came to his immediate neighbour, Ashok Kumar, from someone who informed them that their neighbour Amanjeet has met with an accident and is lying in a serious condition in General Hospital, Sector 16,Chandigarh and that his parents should reach General Hospital. As the father of the victim was attending the phone call, two policemen (One Sub-Inspector and the other, Constable) in uniform came to their house from P.S. Sector 39,Chandigarh and asked them to accompany them to General Hospital, Sec. 16, Chandigarh. However, the father, wife Varsha and immediate neighbour Ashok Kumar went of their own in the car to the hospital at about 4.25 A.M. On reaching the hospital, the name of the victim was not found entered in the register of patients and on locating the whereabouts of the victim, the trio met one policeman. He took them to Inspector Dhanraj Sharma, S.H.O. of P.S.Sector 39,Chandigarh who was standing with Sub-Inspector Neeraj Sarna of P.P.Sector 24,Chandigarh and few other policemen in plainclothes. On being asked about the welfare of Amanjeet, Neeraj Sarna asked Ashok Kumar and Varsha to wait and took Mulla Singh inside the hospital mortuary. After five minutes, Mulla Singh came back in a fit of shock with heavy heart and declared that “our Aman has gone.” On listening this, Varsha who was in acute labor pain fell unconscious and she was put in the car. In the meantime, all the efforts of father Mulla Singh and neighbour Ashok Kumar to know as to how and when the victim Amanjeet died, failed as the policemen remained tight lipped. On their persistent queries, Inspector Dhanraj Sharma told Mulla Singh that Amanjeet was arrested for making nuisance under the influence of liquor in Sector 39/40,Chandigarh and booked under Section 34/5/61 of Police Act, and when he was being taken back in the truck from hospital after a medical examination, he had a scuffle with the policemen and in an attempt to jump from the moving truck fell down on the road dividing Sector 23/24 and consequently, he received head injuries which caused his death. On being taken back to the General Hospital, Sector 16,Chandigarh he was declared “brought dead”.” The further queries from the police by the father of victim and Ashok Kumar failed to get satisfactory reply. After getting the identification memo signed from Mulla Singh, father of the deceased,S.D.M.(South) Gayenendra Bharti,IAS, came to do the inquest report. The Post mortem was delayed by more than 12 hours on 11th August,2000 and it was only after a board of doctors of General Hospital, Sector 16, Chandigarh comprising Dr.Tirath Goyal, Dr.K.S.Rana, Dr.Sonia, was constituted at about 5.30 P.M. that the Post mortem was done which gave the cause of death as head injury in the back of skull which could have proved fatal. Apart from this, it noted few injuries on the body which could be of some beating. Interestingly, the Postmortem includes the particulars of an earlier medical examination of the deceased carried by the emergency medical officer at about 12 a.m. on 11.8.2000(which is not ordinarily mentioned in the Postmortem report). It says that the deceased was not under the influence of liquor, but smells of alcohol. At about 5.30 P.M. the S.D.M. who was conducting the inquest proceedings called Inspector Dhanraj Sharma, from General Hospital, Sec.16,to some place and the Inspector went away at about 5.40 P.M. The dead body of the deceased without the clothes, was handed over to his father at about 7 P.M. on 11.8.2000 and was taken to Batala the same night and cremated there on 12.8.2000.
Relatives View:
The father and in-laws of the deceased as his wife were of firm belief that Amanjeet was killed in Police Custody. They strongly refuted the Police version that he was arrested while making nuisance, under the influence of liquor. According to them, the deceased had never consumed liquor, nor was in the company of any bad persons. He was never seen raising voice at anybody. His sister-in-law told that he was very sensitive person. He always used to come back directly to his house in the evening after attending to his clinic in Village Badala. Mulla Singh, father of the deceased questioned that if the deceased was arrested while making Public nuisance, where were the members of the general public with whom he was quarrelling? He also expressed his doubts about the whereabouts of the scooter and his helmet which the deceased was driving when he had gone to his clinic in the morning of the ill-fated day. Inquiries from the residents in Village Badala, where he was running the Clinic, confirmed that he was a very nice fellow and never consumed liquor nor created any nuisance. The landlord of the shop where the victim was running his clinic said that although his immediate neighbour in the shop named Dhindsa alongwith few other mischevious persons used to consume liquor and play cards daily in their shop, Amanjeet always kept himself busy with books. The villagers also refuted the story that he was totally out of senses on the ill-fated day due to overtaking of alcohol. Mulla Singh, father of the deceased, also said that when the deceased had gone in the morning from his house, he was quite well and was wearing one gold chain, one watch and one silver ring on his right hand, but when he was shown the dead body for the first time in the mortuary, these things were missing from his person. On being asked about these things from the Police, he was told that the gold chain and Rs.900 cash were recovered from his possession is in the Police Custody. He also told that heavy police force was present in the General Hospital, Sec.16,Chandigarh when he reached there. Secondly, the Police has not been able to explain as to why it had not informed the relatives of the deceased on phone at the time of his arrest when the telephone number of his immediate neighbour was available with the deceased and that telephone call was made only at about 4.15 a.m. the next day after the deceased was dead.
POLICE VERSION:-
As per the version of S.I.Ved Parkash in P.S. Sector 39,Chandigarh, a Police Control Room Gypsy brought Amanjeet to the Police Station at about 6.15. P.M. and an F.I.R. No.57 dated 10.8.2000 under Sections 34/5/61 of Police Act was registered against the victim at about 6.25 P.M. on the complaint of HC Balbir Singh of PCR. At that time, he was out of his senses and there was great dust on his face and clothes, as if he had been lying on the loose earth. His search was made in the presence of HC Balbir Singh and a gold chain and Rs.900/- in cash were recovered from his person which were deposited with the Police. Thereafter he was made to sit in the Police Station till 10.45 P.M. when he was allegedly taken to General Hospital, Sector 16,Chandigarh for medical examination in TATA 407 No.CH-01-G-9789(Mini-truck)which was covered from top and had many handles to take support. There were allegedly two Police personnel with him, one Constable Naresh Kumar and another driver, Constable Charanjit Singh. After getting him medically examined, when he was being brought back to the Police Station, he had a scuffle with Constable Naresh Kumar and in an attempt to escape, jumped from the moving vehicle on the road dividing Sector 23/24, Chandigarh and suffered head injury. He was taken back to General Hospital,Sector 16,Chandigarh where he was declared brought dead. Constable Naresh Kumar also received minor injuries on his knees and arms in the scuffle and his uniform was also torn. As per the statement of Mr.Neeraj Sarna, Incharge P.P. Sector 24,Chandigarh, his Station received wireless message from the Police Post, General Hospital, Sector 16,Chandigarh that a person has been brought dead in the hospital who allegedly jumped from the moving Police vehicle on the road dividing Sector 23/24,Chandigarh and that they should come to General Hospital. In the meantime, the TATA 407 which was involved in the incident also came to the P.P.Sector 24,Chandigarh and informed about the incident. Neeraj Sarna, immediately went to General Hospital, Sector 16,Chandigarh and remained there till 11.8.2000 when the parents of the deceased were informed. Thereafter an F.I.R. No. 221, dated 11.8.2000, under Sections 224,332,353,309 IPC was registered against the deceased in P.S. Sector 11,Chandigarh. According to him, the deceased was allegedly under the influence of liquor and had misbehaved with two women on the road dividing Sector 39/40,Chandigarh under the influence of liquor and he was taken to P.S.Sec.39,Chandigarh. He said that DSP (South) B.D.Bector is conducting a departmental inquiry and he has recorded the statements of those two women who became complainants in the F.I.R. No.57 dated 10.8.2000. But the Police officials in P.S. Sector 39,Chandigarh denied this statement.
POLICE ACTION:-
Taking a serious view of the Custodial death, the Inspector General of Police,U.T. B.S.Bassi, immediately suspended two Sub-Inspectors and One Constable and sent the S.H.O. of the Police Station, Sector 39,Chandigarh to Police Lines, for allegedly acting with negligence in the case. Two cases have been registered against the deceased by the Police. First one was allegedly registered on the Complaint of HC Balbir Singh of PCR at 6.25 P.M. on 10.8.2000 under Sections 34/5/61 of Police Act(for creating nuisance in Public Place under the influence of liquor) and another was registered at Police Station, Sector 11,Chandigarh on 11.8.2000 under Sections 224,332,353,309 IPC after the deceased had died. No case of negligence or any other offence has been registered against the Police in the present case.
FINDINGS:-
After examining atleast twenty witnesses and collecting all the necessary information from different sources, the team is of the firm belief that Amanjeet had undoubtedly died in Police Custody and that the Police version of accidental death and scuffle while under the influence of liquor is nothing but a figment of imagination and in order to save their skin and make the concocted story look like factual, they built their own castle in the air with the help of fabricated evidence and tutored witnesses. Even obtaining false medical certificate cannot be ruled out. The detailed findings of the team are as follows:-
1. The deceased had gone to his clinic on 10.8.2000 at about 8.45 a.m. and had attended the clinic till evening, but exact time could not be ascertained. He was a very nice person and had never taken liquor in public or private. On 10.8.2000 also, he had not consumed liquor and certainly something untoward happened in his clinic on 19.8.2000,because his scooter was recovered from inside his locked clinic along with his helmet. Strangely, the immediate neighbour of the deceased’s shop, namely Dhindsa, who was quite friendly with the deceased is an Ex- Policeman of Chandigarh Police and was lastly posted in Police Station, Sec.39,Chandigarh and his connection in the unfortunate incident cannot be ruled out. He used to drink and play cards with his friends, infront of their shop almost everyday. But the deceased never participated in their activities. Surprisingly, Dhindsa, who is a star witness supporting the police theory, has left the village Badala and closed his shop permanently after 10th August,2000 and now his whereabouts are not known to the villagers or his family members.
2. The Police theory that the deceased had also consumed large quantity of liquor on 10.8.2000 in the company of Dhindsa and lost senses, does not seem to be plausible as nobody among the villagers, except those tutored by the Police, said that they saw the deceased going out of his senses on the ill-fated day. Inquiries from the villagers revealed that a team of Chandigarh Police led by S.I.Ved Parkash had been visiting the village Badala on 12th and 13th August,2000 and had taken away Gurdeep Singh, Dhindsa and two more persons from the village in their seperate vehicle to the Police Station,Sec.39,Chandigarh and also produced the said persons before the S.D.M.(South) and got their statements recorded. One villager of Village Badala also disclosed that the Police had threatened him to tell the story to the people as they say, otherwise they would cause harm to him. It proves that the Police had unsuccessfully tried to circulate concocted story and planted tutored witnesses.
3. There has been gross violation of fundamental right to Life and Liberty as guaranteed under Article 19 and 21 of the Constitution of India and human rights of the deceased by the Chandigarh Police. When he was allegedly arrested at 6.15 P.M. by the PCR, it was their first duty to inform his nearest relative or friend and obtain the signatures of such person on the arrest memo, but nobody was informed of his detention till his death and even many hours after his death. The act of Chandigarh Police is also in violation of the Supreme Court guidelines in D.K.Basu Vs. State of West Bengal (A.I.R.1997 SC 610) wherein it has been made mandatory for the police to immediately inform the relative or next friend of the detenue about his arrest and also to inform him about the offence under which he has been detained. He must be given an opportunity to consult his lawyer while in custody.
4. The malafide intention of Police officials in P.S.Sector 39,Chandigarh while dealing with the deceased is writ large. It is a first case of its kind where the Police officials seem to be extra-vigilant while making out the case of accidental death and have left no loose string in their narration, but have brought it under strong suspicion. If the deceased was allegedly under the influence of liquor and was not in his senses when he was brought to the Police Station, it was necessary to get his immediate medical examination in order to get evidence in the case registered against him. But as per the police record, he was not taken for the purpose for inordinately longer period and was allegedly taken for medical examination only at 10.45 P.M. i.e. after four hours and twenty minutes. Neither the Police authorities, nor we have been able to answer the reason for this unexplained delay. Secondly, if he was allegedly taken for medical examination to General Hospital, Sec.16,Chandigarh at about 10.45 P.M. which is hardly ten minutes run from P.S. Sector 39,Chandigarh, why the doctor recorded the time of medical examination at 12 a.m. of 11.8.2000. Where was the deceased kept in between one hour and fifteen minutes? What happened during this period? Why he did not take a fight with the constable and try to escape or jump from the vehicle while being brought for medical examination? When he was not in senses how he took a scuffle with the Police Constable and even if he had actually done so, why he was not handcuffed in order to prevent any further attack?
5. The negligence of the Police is beyond one’s comprehension. No body could believe that a detenue when brought to the Police Station was not in his senses and still he was not taken for medical examination for more than four hours and when taken to hospital which is only a run of fifteen minutes took one hour and fifteen minutes to reach there. Thirdly, as per the hospital sources, the deceased was allegedly sent back with the Police Constable of P.S. Sector 39, Chandigarh (probably Naresh Kumar) at 12.15 A.M. But they brought him dead only at 1.30 a.m. If the deceased had suffered serious head injury due to fall from the moving vehicle on the road dividing Sector 23/24,Chandigarh, he could have been rushed back to General Hospital, Sec.16,Chandigarh which is hardly two kilometers from that spot and it would not have taken more than ten minutes to rush back to hospital. It means as per the police, the deceased was allegedly made to lie on the road for more than an hour and then taken to General Hospital, Sector 16, Chandigarh where he was declared brought dead. Fourthly, if he was declared dead at 1.30 a.m. why his family members were not informed till 4.15 a.m. of 11.8.2000? Why it took three hours for the police to inform his neighbours on phone when Sector 32, Chandigarh where the deceased lived was not too far off ? Fifthly, if the victim had actually fallen down on the road, he must have suffered some injuries on other parts of his body like bruises or fracture etc, and his clothes must have been torn and had become dirty as according to the witnesses it was drizzling in the night and also in the morning of 11th August,2000. But when his father saw his dead body, his clothes were clean and did not show any sign of dirt or falling on the road.
6. The role of hospital authorities is also doubtful. If the deceased was in his senses at the time of his first medical examination at about 12 a.m. why the doctor on duty did not inform his relatives or friends on phone about his detention? Secondly, While he was declared dead at about 1.30 a.m. on 11.8.2000 the Post mortem on the dead body was conducted by a three doctor board only at 5.30 P.M. on 11.8.2000 i.e. after about sixteen hours from the alleged death. Thirdly, no viscera of the deceased has been sent for Laboratory tests although it had been removed out of the body for the purpose. As per the head doctor on the panel, it’s not necessary. By not sending the viscera of the deceased for Laboratory tests, the board of doctors has not only helped the Police in getting benefit of doubt, but also acted contrary to the guidelines laid down by the National Human Rights Commission. Thirdly, the alleged first examination report conducted by the other doctor earlier to victim’s death has been made part of the Postmortem report(whereas it is not ordinarily done.) Last but not the least, the Post mortem report shows some other injuries on the body of the deceased, which also gives rise to the suspicion that the police story is false. The cause of death have been opined as serious head injury.
PROBABLE REASON BEHIND THE DEATH:-
Although it’s a blind case with no useful help received from any corner, our team has been able to construct three theories which are only probabilities.
1. First theory is that one of the Police witnesses as framed by them at Village Badala, had played important role in the elimination of the deceased for reasons known to him alone. He might have taken the deceased to Police Station Sector 39,Chandigarh himself on his vehicle on 10.8.2000,(may be after giving some intoxicant to the deceased) and there cooked up the story to eliminate him and show it a case of accidental death. With the help of police officials in P.S. Sector 39,Chandigarh he manipulated the record, but kept himself off the record and while taking the deceased for medical examination, he was alone with the deceased at the back side of the vehicle and threw him on the road or first hit him with some weapon and then threw him on the road and showed it to be a case of accidental fall and involved Constable Naresh Kumar in the incident.
2. Second theory is that the deceased had died in the Police Station itself due to excessive beating, and then the Police cooked up the story that the deceased had consumed excessive alcohol with Dhindsa in his clinic and was arrested from Sec.39/40 while he was making nuisance under the influence of liquor and while coming back from hospital, fell down from the moving truck and died of the injuries.
3. According to third theory, even if it is not a murder and the deceased had died due to fall from the moving vehicle, it is quite possible that under the influence of liquor, the deceased had a scuffle with Constable Naresh Kumar in the moving vehicle, who alone was present in the back side of the vehicle and he was pushed by the Constable Naresh Kumar out of the moving vehicle, as a result of which he fell down on the road and suffered serious head injuries which caused his death.
RECOMMENDATION:-
Since it is a case where the story of Police is suffering from many flaws and there are many circumstances and allegations of gross negligence pointing a finger of suspicion and acting with malafide intention against the Police of P.S. Sector 39, Chandigarh, besides role of hospital sources in helping the police authorities and that fabricated evidence and tutored witnesses have been produced before the S.D.M.(South)by the Police, it is a fit case where an independent probe by some independent agency should be held, preferably by the C.B.I. and in the meantime, a criminal case under Section 342,330,304-A of IPC should be registered against the suspended policemen. To sum up, it’s a clear case of Custodial death with deep police involvement and doctor-police nexus and un-successful attempt to paint a different picture to show it a death by accident. Lawyers For Human Rights International strongly condemn this act of Chandigarh Police in killing a young man and then trying to scuttle every effort to unearth the truth by cooking up false story, fabricating false evidence and planting tutored witnesses.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the above report to the National Human Rights Commission, Home Secretary, U.T. Chandiarh, besides concerned police authorities of Chandigarh Police. Free legal aid was provided to the father of the deceased Amanjeet, Mr.Mulla Singh in filing a Civil Writ Petition in the Punjab & Haryana High Court seeking CBI inquiry into the custodial death of his son and for interim compensation to the tune of Rs.5 lacs. The said petition is pending at the final argument stage in the High Court. No response was received from National Human Rights Commission by our organsiation or the father of the deceased.
CHANDIGARH 19th AUGUST, 2000