The Criminal activities of Punjab Police personnel has been the concern of every law abiding citizen. There are numerous incidents where Punjab police have been found acting beyond the pale of law
in settling personal scores, land grab and other heinous crimes in different parts of the State, but the State government has remained silent at this increasing tendency of their forces. The case of grisly murder of Avtar Singh, a youth of Ludhiana on 7th January, 2001 by an Inspector of Punjab Police and his gunmen and other criminal elements has once again brought to light the deep-rooted criminal-police nexus in Punjab police, where the common man is feeling insecured and prone to police brutality.
On 9th January, 2001 almost all the newspapers of the region including “The Times of India”, Chandigarh edition, published news report titled “ Cop absonding after shootout:victim dies”, the true copy of which is appended herewith. The same day, a team of Lawyers For Human Rights International, comprising of Mr. Arunjeev Singh Walia, Mr. Ravinder Singh, Mr. Mohinder Kumar and Mr. Yogesh Vinayak, went to Ludhiana on a fact finding visit and conducted detailed investigation into the whole incident.Mr. Anil Sharma, a local social activist of Ludhiana, assisted the team.
Krishna Nagar, in Ludhiana where the victim lived is just near the Punjab Agriculture University, Ludhiana. It is a thickly populated area with small houses on both sides of internal streets. Most of the people living in this area are middle standard traders alike the victim’s father. The area is a very peaceful residental area and has remained crime-free since long.
NAME AND ADDRESS OF VICTIM:-
Avtar Singh alias Gola, son of S. Amrik Singh, aged 21 years, resident of H.No.1651, Krishna Nagar, Ludhiana. Occupation: After completing graduation just opened a grocery shop near his house. Education- Graduate, Marital Status- had been engaged just two months ago. (Deceased)
WITNESSES EXAMINED:
1. Amrik Singh, father of the deceased
2. Sushil Kumar, a friend of the deceased
3. Amandeep Singh alias Lovely, another friend of the deceased
4. Vajinder Singh, brother-in-law of the deceased
5. Daljit Singh, neighbour of the deceased
6. Surjit Singh, a friend of Amrik Singh( deceased’s father)
PLACES VISITED:
1. Residence of the deceased
2. Place of incident
3. Civil Hospital, Ludhiana-mortuary
4. Arti Cinema Chowk, Ludhiana(Place of Public Dharna)
NAMES AND PARTICULARS OF ACCUSED PERSONS;
1. Inspector Gurmeet Singh “Pinky”, Police Lines Moga.
2. Bittu Gill, gunman of Inspector Gurmeet Singh Pinky.
3. Paramjit Singh Pammi, the owner of Verma Gun House, resident of Maharaja Nagar, Ludhiana
4. Panna, the owner of Sardar Tent House, Ludhiana
5. Pawan Kumar, gunman of Inspector Gurmeet Singh Pinky
FACTS:
Avtar Singh, son of Amrik Singh, aged 21 years was an unmarried clean shaven youth with no criminal background. He was the only son of his parents with four sisters. His family consists of his grandfather, parents and four sisters. He was quite social and had good number of friends. On Sunday, the 7th January, 2001 his elder sister and her husband Vajinder Singh had come to meet them from Ambala Cantt. in Haryana. There was a religious prayer function in Ludhiana on the same day in the evening and some of his friends had decided to attend that function. At about 7.30 P.M. on 7th January, 2001 about five of his friends had come to his house and took him to the function. The six friends seated themselves on two vehicles, one scooter and one motor cycle. Avtar Singh was sitting on the pillion of the scooter. While they were passing from a street nearby, at around 8 P.M., about 10-12 persons wearing civil clothes, were standing in the middle of the street consuming liquor. All of them were carrying arms with them. They had put the liquor bottles and glasses on the three cars parked outside the house of Inspector Gurmeet Singh Pinky in Maya Nagar, Ludhiana. Suddenly the motor cycle driven by Amandeep Singh stopped, Avtar Singh requested the persons standing on the road to give them way. But someone among those persons rudely asked them to change their route and go from the other street. Avtar Singh again requested that the other street is damaged and so it is the only street from where they could reach their destination. At this, Gurmeet Singh “Pinky” and his gunmen got furiated and caught hold of Avtar Singh and dragged him from the pillion of the scooter and started thrasing him with fists and kicks. Soon others also joined in. His friends ran for their safety leaving behind their motor cycle and scooter. One friend Sushil Kumar, rang Avtar’s father from a nearby STD that his son is being beaten by somebody and he should come immediately. Amrik Singh, father of Avtar Singh, took his neighbour Daljit Singh, his friend Surjit Singh and his son-in-law Vajinder Singh and rushed to the spot on two different two-wheelers. Within few mintues they had reached the spot. In the meantime, Avtar Singh had been badly thrashed by those persons. After good thrashing, Avtar Singh was let-off. When Amrik Singh and others saw Avtar Singh, they went forward to save him. Suddenly, they saw that those persons had started firing indiscriminately on them. There persons were carrying A.K. 47 rifles, one was carrying 9 mm Carbine, and others were carrying pistols or revolvers. People heard sounds of AK-47 rounds as also of revolver shots. When one bullet fired by Inspector Gurmeet Singh “Pinky” from his service revolver touched the head of Amrik Singh, and injured him, Avtar Singh who had fallen on the road got up to save his father and came into the close range of Inspector Gurmeet Singh Pinky’s second bullet. The bullet fired from the service revolver of Gurmeet Singh Pinky hit the forehead just below the left eye-brow of Avtar Singh and pierced through his head making a hole in the skull and going outside from the back of the head. Avtar Singh immediately fell on the road. After viewing the whole shooting for more than five minutes, Daljit Singh and Surjit Singh, friends of Amrik Singh came forward and Surjit Singh, caught hold of the AK-47 rifle of one gunman and changed its direction from vertical towards the Sky. By that time, Daljit Singh and Amrik Singh started shouting that Avtar Singh has been killed. For ten minutes, the assailants remained on the spot and continued hurling abuses at them. When they saw that the situation has worsened, they slipped away in the parked cars whose numbers were noted by eye-witness Surjit Singh as PB-08-0153 , PB-10B-1164 and one scooter no.PB-08-L-812T. The assailants were identified as Inspector Gurmeet Singh “Pinky”, Panna- the owner of Verma Gun House, Ludhiana, Pammi- the owner of Sardar Tent House, Ludhiana, Bittu Gill- the official gunman of Gurmeet Singh “Pinky” and his eight other accomplices. Daljit Singh, Amrik Singh and Vajinder Singh jointly picked up Avtar Singh who was in a pool of blood and firstly took him to a nearby nursing home, and then immediately took him on a scooter to Dayanand Medical College, Ludhiana. Avtar Singh was unconscious by that time. He was immediately put on an incubator in the D.M.C. at about 9.21 P.M. on 7th January, 2001. He ultimately succumbed to his injuries at the D.M.C. on 8th January, 2001 at 5.45 P.M. His post-mortem was conducted on 9th January, 2001 at the Civil Hospital, Ludhiana by a board of doctors consisting of Dr.S.K.Sharma and Dr. I.S. Bagga of Civil Hospital, Ludhiana and the dead body was handed over to the relatives at about 2.15 P.M. The cremation of the body could not take place till 10th January, 2001 because of public outcry against the inaction of the police in nabbing the culprits.
The local police could not reach at the place of occurrence for many hours and delayed the recording of First Information report. The F.I.R. No.10 dated 8.1.2001 under Sections 307/323,336,148,149 IPC, 25/27,54/59, Arms Act was recorded in Police Station Division No.5, Ludhiana at about 4.a.m. on the statement of Amrik Singh, father of the deceased. The father of the deceased being an illeterate person failed to read the contents of the F.I.R. and apart from getting his signatures on his alleged statement, the local police allegedly got his thumb impression on few blank papers. All the accused are absconding and there has been no visible effort of the police to raid possible hideouts of the culprits and arrest them, even when four of the 12 persons involved in the shootout are police personnel.
Showing solidarity and to express their sympathies with the bereaved family, thousands of people reached the house of the deceased. All the markets in Ludhiana city remained closed on 9th and 10th January, 2001.A day long dharna was put by thousands of residents of Ludhiana on the Ludhiana-Ferozepur road near Arti Cinema Chowk on 9th January, 2001 which culminated with a harsh Lathi-Charge by the police on the unarmed and peaceful protestors including old men and women in the evening. A big protest rally was also organised at the spot of dharna during the day, where residents and leaders of the area expressed their sympathies with the family of the deceased and demanded strict action against Gurmeet Singh Pinky and his criminal accomplices.
POLICE VERSION:-
According to the First Information Report recorded by the Police in P.S. Division No.5, Ludhiana, When Avtar Singh was passing from the street alongwith his friends, Gurmeet Singh Pinky, who is working in Police department alongwith his gunmen and some private persons stopped them from going through that street. But when Avtar Singh pleaded for the way through the street, Gurmeet Singh and other started beating him. His friend Sushil Kumar informed Amrik Singh that some persons are beating Avtar Singh near Sireesh Nursing Home, and when Amrik Singh alongwith some persons reached there, Gurmeet Singh Pinky and his accomplices started firing on them. One bullet passed from just near the forehead of Amrik Singh and another shot hit the forehead of Avtar Singh, who collapsed then and there. He was taken to Dayanand Medical College, Ludhiana. He succumbed to his injuries on 8th January, 2001. The culprits slipped away from the scene and are still absconding. Search is on to nab them.
ACTION TAKEN BY POLICE:-
The Police had registered F.I.R. No.10 dated 8.1.2001 under sections 307/323,336/148,149 IPC, 25,27, 54/59 Arms Act in P.S. Division No.5, Ludhiana against Gurmeet Singh “Pinky”, Pammi, Panna and Bittu Gill, gunman and other accomplices. No visible efforts have been made by the police to trace the culprits. Gurmeet Singh Pinky was ordered to be suspended and reverted to his original rank of Havaldar by the Director-General of Police, Punjab on 9th January, 2001. The three gunmen given to him are still in service, but absconding alongwith him. The Senior Superintendent of Police, Ludhiana created a flutter of his authority when he called upon the people to trace the assailants and assured that he would certainly arrest them, knowing fully well that the Police is duty bound to search the culprits and leave no stone unturned to arrest them. From the conduct of Senior Police authorities, it has become clear that the Police is not interested at all in arresting Gurmeet Singh Pinky or his accomplices and may try to hush up the case by using the blank papers obtained from the father of the deceased. The inaction of the police in this case has irked many concerned citizens of the State.
EYE-WITNESS ACCOUNT:-
Sushil Kumar, son of Chint Ram, resident of Ludhiana is a close friend of deceased Avtar Singh. He disclosed to the team that when they were passing through the street, Gurmeet Singh Pinky and 10-11 persons were standing in the middle of the road and consuming liquor by putting the bottles and glasses on the bonnet of the cars parked outside the house of Gurmeet Singh Pinky in Maya Nagar, Ludhiana. “ Avtar Singh had not raised any protest or objected to their standing on the road, but had simply requested them to give way. But Gurmeet Singh Pinky and his accomplices started beating him.” Sushil Kumar further told that when he saw Avtar Singh being thrashed by the accused persons, he ran away and made a phone to Amrik Singh from a nearby STD and informed him about the beating of Avtar Singh. Thereafter he ran towards different street to save himself. But later on one of his friend, Chandan told that Avtar Singh has been injured in the shootout and he has been taken to Dayanand Medical College, Ludhiana. He also rushed to the hospital to know the welfare of Avtar Singh. He alongwith another friend, Amandeep Singh alias lovely who were with Avtar Singh at the time of beating, identified Gurmeet Singh Pinky from amongst the assailants.
Vajinder Singh, brother-in-law of deceased Avtar Singh who accompanied Amrik Singh to the spot also deposed that he heard many gunshots fired directly upon them by the assailants for more than ten minutes. He saw one bullet hitting Avtar Singh and Avtar Singh falling down on the road. He was the first person to pick up Avtar Singh alongwith Daljit Singh and Amrik Singh, father of the deceased. Daljit Singh, also a vital eye-witness said that some thing also hit him due to which he has also suffered few abrasions on his face, but he expressed his inability to identify anybody from amongst the assailants. Contrary to this, Surjit Singh, another friend of Amrik Singh who had also gone to save Avtar Singh, deposed that he identified Gurmeet Singh Pinky who had fired from his service revolver on Avtar Singh. He also said that he caught the AK-47 rifle of the gunman of Pinky and changed its direction towards the sky. He also started shouting when he saw Avtar Singh hit by the bullet of Gurmeet Singh Pinky. He was the vital witness who had noted the numbers of the cars in which the culprits escaped. He, however, did not remember the registration number of the third car which was also parked outside the house of the accused policeman. Amrik Singh, father of the deceased also stated that he had identified Gurmeet Singh Pinky and saw him firing bullet from his service revolver on his son Avtar Singh. He said that he also suffered bullet injury, but the police is not taking any interest in the case and his thumb-impressions were forcibly obtained on blank papers. He apprehends hushing up of the case by the police and shielding of the culprits by the local police.
ACTION BY STATE GOVERNMENT :-
Inspite of cold blooded killing of an innocent Sikh youth by an Inspector and his gunmen in Ludhiana, the State government has not officially minced any word to condemn or express sympathy with the bereaved family. Although, the Chief Minister, Parkash Singh Badal was present in Ludhiana on 9th January, 2001, he could not find any courtsey to spend few minutes to console the bereaved family, nor he spoke any word of sympathy for the victim’s family. There has been studied silence from the State government on the ill-fated incident till date except that the guilty cop has been suspended and reverted to his original rank of Head Constable. Little courtsey was shown by the Chief Minister on his visit to Ludhiana by talking to the media people on the incident on 9th January,2001.
BACKGROUND OF GURMEET SINGH PINKY :-
A notorious criminal, Gurmeet Singh, popularly known as “Pinky” in police circles has a dubious lifestyle. He was a small time criminal during the peak of terrorism in Punjab. He was hired by few Senior Police officials to infiltrate into militants ranks and give information about their activities and hideouts. He was instrumental in the elimination of many innocent persons in police encounters during 1988-1994. He also killed many persons in the name of terrorists during the peak of militancy. He was a known “police cat”, a name given by Mr. K.P.S. Gill, the then D.G.P. of Punjab. He was later absorbed as a Special Police officer and was promoted to the rank of Head Constable in Punjab Police. After some time, he got unlimited out of turn promotions and soon became Inspector and remained posted in C.I.A. Staff, Jalandhar for more than two years. During this time, he amassed huge wealth from all legal and illegal means. At present, he owns one grand bunglow No.124-A, in Maya Nagar, another house where the present incident occured also belongs to him and it is under construction. Besides this, he owns another bunglow in Ghumar Mandi, and another one in Civil Lines in Ludhiana. He also owns one Kothi in Sector 33, Chandigarh, and one big farm house on Chandigarh-Ludhiana road near Samrala. He has two living wives. He has been chargesheeted by the C.B.I. in a case of abduction of a youth of Jagraon, under Sections 364,344,347,384,120-B, IPC which is pending trial in the C.B.I. Court at Patiala since 2000. He is also accused of illegally detaining and torturing many people and interferring in property disputes. More than 10 complaints are pending against him in the Punjab State Human Rights Commission, besides four petitions in Punjab & Haryana High Court filed by different persons. In one such petition, he has been charged with obstructing in the working of the warrant officer, when four of the detainees were recovered from his illegal custody in C.I.A. Staff, Jalandhar. Interestingly, the then D.G.P. Mr. P.C. Dogra had ordered that Gurmeet Singh Pinky be provided with four gunmen with AK-47 rifles and since then he has been provided police security alongwith an escort Gypsy at State expense which is still with him. In an inquiry held by the Additional Director-General of Police, Punjab on the orders of the Punjab Human Rights Commission, the then Senior Superintendent of Police, Mr. Gaurav Yadav had defended him by giving false statement that Gurmeet Singh Pinky was posted in Jalandhar district on 5.4.1990, whereas as per one F.I.R. registered in P.S. Division No.5, Jalandhar on 6.1.1990 in some other case, Gurmeet Singh Pinky was shown posted in Jalandhar in January, 1990. He has been accused of intimidating, threatening and beating of many people of Ludhiana, Jalandhar and Moga. He is a known drug addict and keeps a small silver box with him, containing opium which he is addict of. Interestingly, he has obtained the visas of few countries and it is apprehended that he may abscond from India to another country and will never return home, unless his passport is not seized.
FINDINGS:-
The investigation team of Lawyers For Human Rights International, visited Ludhiana on 9th January, 2001 and during the course of investigation met about six material witnesses and hundreds of other residents of the area and also saw the spot of incident. Facts disclosed by the eye-witnesses and the relatives of the deceased were also recorded. The still and video film of the entire visit was prepared and retained un-edited. Joining all the facts and circumstances of the case, the team has arrived at the following findings:-
1. The present case has exposed the Police–Criminal nexus prevailing in Punjab Police. It has established beyond doubt that there are good number of Criminals turned “police cats” in the Punjab police who considers law unto themselves. He has no fear of law. Senior Police officials always try to protect people like him. Especially in the present case, there has been every effort by the Punjab police to help Gurmeet Singh Pinky from escaping the rule of Law.
2. The direct involvement of Gurmeet Singh Pinky and his three gunmen and other criminal elements has also been established beyond reasonable doubt. It has also come that it was the bullet fired from the service revolver of Gurmeet Singh Pinky which had caused the fatal wound on the person of the deceased Avtar Singh.
3. Public outcry against the dastardly killing by Gurmeet Singh Pinky has undoubtedly proved that many people were also affected due to the unlawful and terrorist activities of Gurmeet Singh Pinky. Their was a hidden fear in the minds of every citizen of Ludhiana which has come out in the form of outburst against Gurmeet Singh Pinky in the present case.
4. The board of doctors conducting the Post mortem examination tried to manipulate the record by firstly ignoring the fact as to which wound was of a firearm on the body. But later on due to public presssure, the records were corrected on the orders of the Deputy Commissioner, Ludhiana. The Ludhiana police is openly shielding the accused Police personnel and other culprits. The Senior Superintendent of Police, Ludhiana has never assured any person or even in the media that they will arrest the culprits within a specific time period, which shows that they know where Gurmeet Singh Pinky and his accomplices are hiding and every effort is being made to allow them to escape from the law. The people as also the family members of the deceased have lost faith in the Punjab police and no alternative except handing over the investigation to an independent agency like the C.B.I. is left to the State Government, if it really cares for the lives of their citizens.
5. The family of the deceased Avtar Singh is in a very pitiable condition. Avtar Singh, being the only son with four sisters was most loved one. With his demise, his old grandfather and parents and two younger sisters are the worst affected persons. He was also the breadearner of the family, so the economical aspect of the family is also to be kept in mind.
6. The role of press media in the entire incident is highly appreciable and they aptly reported the true account of the incident. However, much needs to be done by the media in highlighting the criminal- police nexus in the State police which has by now gone un-addressed to some extent.
RECOMMENDATIONS:-
1. The investigation into the present case must be handed over to an independent agency like C.B.I. on account of inaction of Punjab police and shady conduct of Senior Police authorities in protecting the culprits including Gurmeet Singh “Pinky” the main accused in the murder of Avtar Singh, deceased.
2. The family of the victim must be compensated by paying an ex-gratia compensation of Rs.10 lacs from the State exchequer, besides offering a government job in district administration, because the deceased had been killed by an officer of the Punjab Police.
3. Departmental action must be taken against those policemen of Police Station Div. No.5, Ludhiana who failed to arrest the culprits after the incident and who forcefully obtained thumb impressions of the father of the deceased on blank papers. Since the father of the deceased is feeling that his statement has not been truly recorded in the First Information Report, a supplementary statement of the father should be recorded and proper and transparent investigation must be undertaken.
4. The property of the culprits like the six houses owned by Gurmeet Singh Pinky must be sealed forthwith and efforts should be made to auction it and give the money received from the auction to the next of the kin of the deceased. Similarly, the licence granted to Verma Gun House, whose owner is a co-accused in the present case must be withdrawn and his property should be ordered to be seized.
No political party, whether ruling or opposition in the State has shown courage to share the grief of the villagers except mincing few words of anger against Punjab Police or Gurmeet Singh Pinky. Human Rights organisations and activists have condemned the gruesome incident in strong words. To sum up, no words could express the grief and sorrow of the family of Avtar Singh, who have lost their only son in the prime of his youth, for no fault of his. It is urgently required that the State government in order to restore faith of the people in the Administration of justice should order an independent inquiry into the present case preferably by the C.B.I. and should immediately arrest Gurmeet Singh Pinky and his accomplices and bring them to trial for the murder of Avtar Singh of Ludhiana. Only such action can really heal the wounds of the people, if at all the State government cares for its citizens.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the report to Punjab State Human Rights Commission, Director-General Police, Punjab and other concerned police and administrative authorities. Our organisation provided free legal aid to the father of the victim, Avtar Singh by assisting the prosecution in the trial court at Chandigarh where nine accused including Gurmeet Singh “Pinky” are facing trial. Our organisation also provided free legal aid to the father of the deceased in the Punjab & Haryana High Court for opposing the bail pleas of the accused and for seeking other reliefs.The trial of the murder of Avtar Singh, deceased is pending in the Court of Sessions Judge, Chandigarh and four out of nine accused are in judicial custody.
CHANDIGARH.
JANUARY 10,2001