Annexure 6

To
The Home Secretary,
Government of Punjab,
Chandigarh.
Through District Magistrate, Gurdaspur.
Subject: Application U/S 197 Cr. P.C.

Sir,

It is submitted as under:-

1. That the applicant is an Ex-M.L.A. and Ex-Member of the S.G.P.C. and was a member of the working committee of the Shiromani Akali Dal from 1955 to 1957.

2. That the applicant has four sons and all are educated.

3. That an era of terrorism was let loose against the Sikhs in Gurdaspur District by Shri A.P. Pandey S.S.P. Gurdaspur, since the day of his posting as S.S.P. Gurdaspur. Since the applicant and his four sons were actively supporting the Akali demands and courted arrest in the Akali agitation. Applicant and his family were a permanent eye-sore to SSP Gurdaspur, more so, because applicant had represented to the higher authorities against the liquidation of a large number of Sikh youths in false encounters by SSP Gurdaspur. The applicant had also filed various petitions against SSP Gurdaspur in the Punjab and Haryana High Court as well as in the Supreme Court of India. Shri A.P. Pandey, therefore, did not miss any chance to harm the applicant and his family members. The first victim of the tyranny of Shri A.P. Pandey SSP Gurdaspur was Narinder Singh son of the applicant. He was rounded up by the SSP Gurdaspur on 16.8.1984 and involved in a case of four murders of village Dhianpur Kotli in case F.I.R. No. 80/84 dated 2.4.1984 U/S, 302 I.P.C. of P.S. Dera Baba Nanak. The police remand of the son of the applicant was taken in the above case and he was tortured for a number of days at the orders of SSP Gurdaspur. He remained in Jail for about 4-1/2 months and thereafter, he was got released from the court by the police. The SSP had ordered the liquidation of Narinder Singh, but his life was saved by a junior police officer who had actually dealt the case.

4. That Jatinder Singh another son of applicant was arrested by the Gurdaspur police on 19.6.1984 by orders of Gurdaspur. Fearing foul play at the hands of the SSP. Gurdaspur the applicant moved a Habeas corpus petition in the Supreme Court of India (Criminal Misc. No. 956 of 1984) as a result of which son of the applicant had to be released by the police, after illegally detaining and torturing him for four days. The writ was recently disposed of finally by the Supreme Court of India vide order dated 25.3.1985.

5. That as the only daughter of Jatinder Singh son of the applicant was suffering from Polio, Jatinder Singh had gone to Chandigarh in the second week of March, 1985, along with his wife Palwinder Kaur to get their daughter treated.

6. That on 26.3.1985, applicant's son Jatinder and his wife had to go to one Prem Singh employed in a cable factory in Chandigarh who is an expert of Polio. Both of them returned after getting the child examined when they met one Kuldip Singh who was known to Jatinder Singh, and all of them (three) were sitting at the bench of a tea vendor in Chowk Attawa, Chandigarh. It was about 2.00 p.m. when a jeep with Police personnel in civilian clothes stopped there and physically lifted Jatinder Singh and Kuldip Singh and took them away in the jeep towards Mohali. The wife of the applicant's son raised hue and cry but to no avail. The applicant and other members of his family went from pillar to post but could not find the whereabouts of Jatinder Singh.
   Since the applicant was not available at his house, wife of the applicant met SSP Gurdaspur on 26.3.1985 asked the whereabouts of his son. She was told by the SSP Gurdaspur that Gurdaspur Police had nothing to do with Jatindar Singh.

7. That after picking up Jatinder Singh and Kuldip Singh from Chandigarh on 26.3.1985 by Inspector Anant Ram Sharma, S.H.O. P.S. Sadar, Batala, S.I. Joginder Singh of C.I.S. Batala and H.C. Joginder Singh, H.S. Malihar Singh of P.S. Sardar, Batala, and four constables, they were brought to C.I.S. Staff Batala and then shifted to Canal Rest House Panj Graian the same evening under the supervision of Shri Suresh Arora, Asstt Supdt. Police Batala, Ranjit Singh Bhullar S.H.O. Qadian was summoned there at about 9 p.m. Joginder Singh and Kuldip Singh were forced to put their clothes off and were tortured in a most inhuman manner as explained hereafter:-

   (i) First of all GHOTNA was applied. A heavy log of wood was placed in the knees and then the heals were stretched towards the buttocks, thereby pressing all the nerves and muscles to the point of rupture.
   
   (ii) In the second, a hand log of wood was placed on the thighs and then two fat officials stood on each end of the log. Ranjit Singh Bhullar S.H.O. Qadian and A.S.I., Joginder Singh of CIA Staff Batala were the Police Officers who danced on the log of wood on the thighs of above named persons.
   
   (iii) In the third round, both the persons were made to lie on the flank and then a hard log of wood was placed on the inner side of the thighs and the above named police officers danced on the log applying the same process on both the thighs, one after the other.
   
   (iv) In the fourth round, persons were made to sit on the ground naked. One police officer placed both his legs with the back at ninety degree. the two police officers, namely, ASI Joginder Singh of CIA Batala and HC Joginder Singh stretched apart both the legs to the position of one straight line rupturing all the muscles and tissues. Ranjit Singh Bhullar caught the long hair throughout.
   
   (v) their hands were tied on the back of their necks and then a DANG was placed in between the knots and then they were made to stand for a long time by his feet at a distance of 3-1/2 feet in between.
   
   (vi) Their hands were tied on their backs and a bamboo was put in them. The bamboo was then tied with the roof. Both the persons lost their consciousness within 2/3 minutes. Their bodies were then pulled down. The above six rounds were repeated twice during the night making them almost dead.

8. By the morning time both the persons started urinating blood and pus. At about 6 a.m. on 27.3.1985 Jatinder Singh was shifted to CIA staff Batala and Kuldip Singh to PS Sadar Batala, both of them were shifted to Canal Rest House Tugalwala (Harchowal), were S/Shri A. P. Pandey SSP Gurdaspur, Suresh Arora, ASP, and Inspector Anant Ram Sharma were already there. Jatinder Singh was brought before the above officers and above mentioned six processes of torture were repeated with a log of wood in the presence and by the order of SSP, Gurdaspur and ASP Batala. It was done by ASI Joginder Singh and others. Jatinder Singh was forced to tell the details of his relatives.

9. That on 27.3.1985 at about 7 p.m. polcie raided the house of Didar Singh, a maternal uncle of Palwinder Kaur w/o Jatinder Singh in village Aulakh Kalan. Jatinder Singh and Kuldip Singh were carried to village Ladha Munda from where Harbans Singh S/o Shri Bahadur Singh my relative was arrested and brought to Batala whereas Jatinder Singh, Kuldip Singh and Didar Singh were shifted to CIA Staff Batala. Their hands were tied on their backs and their legs bolted with to logs of wood with its result that all the three broke down crying several time. Till that time, nothing was recovered from any of them.

10. That on 28.3.1985, SSP, Gurdaspur ordered to liquidate Jatinder Singh but Inspector Anant Ram Sharma refused to obey the SSP for which he was abused and threatened by the SSP.

11. That when the applicant and his daughter in law could not trace the whereabouts of Jatinder Singh, they sent telegrams to higher authorities on 29.3.1985.

12. That as soon as the police authorities come to know about the telegrams, they stage-managed an encounter and showed the arrest of Jatinder Singh and Didar Singh in a police encounter.

13. That in the meanwhile, Jatinder Singh, Didar Singh and Harbans Singh were illegally detained at PS Sadar, Balata.

14. That jatinder Singh was produced in the court of Shri R. N. Moudgil, JMIC, Batala on 30.3.1985 after court time. On an application moved by the cousel of Jatinder Singh ASI Sant Prakash Singh was ordered to get Jatinder Singh medically examined. Though there were injuries on the person of Jatinder Singh, the police did not get him examined despite the clear orders of the court. Ultimately the police got him medically examined on 3.4.1985 and that, too, when the counsel of the accused cried hoarse. The doctor found eight injuries on the person of Jatinder Singh. (Photostat Copy of Med. Ex. is attached).

15. That Didar Singh and Harbans Singh relatives of the applicant were also involved in false cases by the police though they were in illegal custody of police much before their formal arrest was shown. Photostat copies of the FIRs are attached.

16. That Sarva Shri A. P. Padney SSP, Gurdaspur now SSP, Ludhiana, Suresh Arora, ASP, Batala, Inspector Anant Ram Sharma SHO PS Sadar, Batala, SI, Ranjit Singh Bhullar, SHO, Qadian, ASI Joginder Singh, ASI Raghbir Singh, HC Madan Lal, HC Joginder Singh, HC Malhar Singh, ASI Gulshan Rai, HC Shivdev Singh, HC Kuldip Singh, ASI Sant Prakash Singh and constable Vikram Chand have committed offences U/s. 307/364?365/342/506/193/194/105/323/IPC, and under the contempt of Court Act.

It is, therefore, prayed that requisite sanction to launch prosecution against the above named police officers in the Special Court or in any other competent court may be accorded as required U/s. 197 Cr. P.C.

Yours faithfully,
Sd/Harbans Singh
(Harbans Singh) Ex-MLA
VPO: GHUMAN KALAN
Distt Gurdaspur.
Dated: 30-4-85

Copy of the above in advance is forwarded to the following for information and necessary action with the request that these officials/officers may be suspended and be sent to the police line so what the reign of terror being let loose on a particular Sikh family may be withheld and justice done.

1. Governor, Punjab, Chandigarh

2. Home Secretary, Government of Punjab, Chandigarh

3. Legal Remembrance, Punjab, Chandigarh

4. Copy of the above is also sent to the President, Shiromani Akali Dal, Amritsar for information and necessary action.