bajwa@nacho.DEC (BAJ DTN 381-2851) (01/19/86)
On September 16, 1985, the NEW YORK TIMES reported that the
Indian Government had confiscated and destroyed the copies of a
report on the government's brutal handling of the Punjab
situation. The report was compiled by an independent civil
liberties group, Citizens for Democracy. It asserted that
"clearly innocent" people had been arrested and the police and
army in Punjab had carried out "sadistic torture, ruthless
killings, fake encounters, calculated ill treatment of women and
children, and corruption and graft on a large scale". The
foreword of "Opression in Punjab" was written by a respected
judge, V.M.Tarkunde. The judge and others involved in the
preperation and printing of the report have been charged with
sedition. Chandra Shekhar, a prominent opposition leader and
president of the Janata Party, has accuse Prime Minister Rajiv
Gandhi of "sustained attempts to supress the civil rights of the
people".
These points should be noted: 1) Those who prepared the report
were not Sikhs, 2) None of them had any record of supporting the
separatist movement and 3) They had not attempted to incite or
condone violence.
The report is in 3 parts; PArt 1 describes the inhuman baraities
to which the Sikhs in Punjab were subjected, "to teach them a
lesson" so that they would never again raise their head or voice
of protest. Part 2 gives a non-official account of what at the
Golden Temple before and during the Indian Army's assault. Part 3
gives an account of the various Black Laws (some of which were
described by Balaji in a previous posting) prevailing in Punjab
and shows how innocent people are constantly harassed and
opressed by them (Referring to the authorities it states that "a
party to the dipute became its own witness and its own judge in
its own case).
Having read the report many non-Sikhs (and some Sikhs too) are
now begining to understand why the Sikhs have been so angry over
the events of the last few years. It also likely that the
Rajiv-Longowal accord, while a small step in the right direction,
is far from sufficient to really solve the problem.
The report is very lengthy (about 100 pages), therefore you may
want to print it before reading it. There are several typos in
this version; if anyone desires a printed copy please post your
mailing address.
A CITIZENS FOR DEMOCRACY
REPORT TO THE NATION
OPPRESSION IN PUNJAB
Members of the investigation team: Amiya Rao, Aurobindo
Ghose, Sunil Bhattacharya, Tejinder Ahuja, N.D. Pancholi
Foreword by Justice V.M.Tarkunde
Preface by George Fernandes
A HIND MAZDOOR KISAN PANCHAYAT PUBLICATION, 1985
**** WARNING **** This publication is banned by the Govt. of
India. You may face charges of 'sedition' if
in possession of this document. You are
therefore advised to not take it or mail it
to India.
PREFACE
ON THE THRESHOLD OF A FASCIST STATE
On the night of September 10, the Delhi Police arrested ND Pancholi,
General Secretary of the Citizens for Democracy (CFD), an
organization which was founded by Jayaprakash Narayan and which has
the distinguished jurist and civil libertarian, Justice VM Tarkunde
as its chairman. The arrest was made following the release earlier
in the day of the report prepared by the CFD on the Government's
atrocities in Punjab. The report was drafted by a five person
committee consisting of Mrs Amiya Rao, Mr Aurobindo Ghosh, Mr Sunil
Bhattacharya, Mr Tejinder Singh Ahuja and Mr ND Pancholi.
On September 13, the newspapers reported that a case of sedition had
been registered against the authors of the report and the CFD. It
was also indicated in the reports the Justice VM Tarkunde would be
arrested along with the other authors and office bearers of the CFD.
The Government's action need not shock us. With political parties
of the Opposition not particularly active in fighting and exposing
incidents of State violence. It is the civil liberties
organizations in the country that have been spearheading the
movement against government atrocities on citizens whether on a mass
scale as in Punjab and Delhi, or on a group scale as in Bhanji in
Bihar or Karamchedu in Andhra Pradesh, or on a individual scale as
in deaths in police lock ups. These exposures have begun to unnerve
the government, and hence the recent orchestration of attacks on the
civil liberties groups and their leaders.
Several Congress (I) members of Parliament have recently been using
the immunity offered to them by Parliament to attack the PUCL, PUDR
and other human rights and civil liberties organizations in the
foulest of terms. They have alleged that these bodies are
antinational and are financed by CIA funds, without adducing an iota
of evidence while making such patently false and malicious charges.
The case of the government and the Congress-I is simple: Their foul
deeds and criminal acts shall not be exposed. They will run wild in
Punjab, killing innocent people, they will organize mass killings of
Sikhs in Delhi and elsewhere, they will promote criminals in
politics and in public life, they will let the police kill people
without provocation. If anyone should document these brutal and
criminal acts and publish the reports, such individuals or
organizations that do this must be scandalized, terrorized and
suppressed. This is precisely what fascism is about.
It is not necessary to emphasize that if the government and the
Congress-I succeed in silencing the voice of those engaged in the
struggle for civil liberties and human rights, the biggest losers
will be the working class and the toiling masses of our country.
There is the experience of the Emergency of 1975-77 before us, and
that is why we cannot afford to be passive spectators when the civil
liberties organizations are under attack. It is necessary to launch
a resolute campaign against the government's attacks, and be willing
to pay any price in the process.
For once, political parties with democratic and socialist
inclinations have reacted with alacrity to the government's attack
on a civil liberties and human rights organization. The two major
Communist parties have maintained a studied silence, which, however,
need not surprise us. The Communists remember civil liberties only
when their parties or persons are under attack by the Establishment,
and then too not in a fundamental sense, but purely as an expedient.
The Janata Party president Chandrashekhar's statement hits the nail
right on the head when he say that "R Ghandhi's government was
poised to launch a serious onslaught on various civil liberties
groups, in its sustained attempt to suppress the civil rights of the
people". Chaudhary Charan Singh, president of the LokDal has also
been forthright while stating that the Government's action in
arresting Pancholi is a "grave threat both to the freedom of
expression and civil liberties".
The utterances of Srikant Verma, who has been trying with such
persistence to become the new court jester can be dismissed with the
contempt they deserve. What, however, should cause concern is the
silence of the retired and sitting judges of the High Courts and
Supreme Court to Verma's remarks on the nature of justice that Mr
Tarkunde may have meted out when he occupied the bench. Even if
they should not have much use for Mr Tarkunde, their own self
respect demanded that the retired and sitting members of the Bench
administer a sharp rebuke to the spokesman of the ruling party at
the Center. Judges who cannot protect the honor and interest of
those who go to them to seek justice, and when they wake up to
discover that, it may be too late to do anything, as at least some
of them may have discovered to their horror when Mrs Gandhi turned
fascist in June, 1975.
One wants to hope that the trade unions and mass organizations will
show some spine at this critical moment, and not only educate their
members on the meaning and significance of the developing situation
but also prepare them for action to safeguard the democratic rights
and civil liberties of the people. It is obvious that the civil
rights organizations are by themselves not capable of countering the
attacks launched on them by government and Congress-I and if they
should wilt under the pressure that is now applied on them, then
there will be nobody worth the name that will be able to speak up
for peoples rights when the final crunch will have come.
FORWARD
From June 4, 1984, when the Indian Army launched an attack on the
inmates of the Golden Temple in Amritsar in what is known as the
Blue Star Operation, the whole of Punjab was virtually cut off from
the rest of the country by a rigid press censorship. Only recently
there has been some relaxation in the censorship, particularly after
he accord reached on July 24, 1985, between the Prime Minister Mr.
Rajiv Gandhi and the Akali leader Mr. Harchand Singh Longowal.
During this period of more than a year, the Indian public heard only
one side of the story, in the White Paper published in July 1984 and
in subsequent announcements over the radio, the television and in
the hand-outs given to the press by the Government. Vague stories
of large scale atrocities perpetrated in Punjab were circulating in
Delhi and other places, but they were largely unverified. In this
situation towards the end of April 1985, the Citizens for Democracy
(C.F.D.) sent to Punjab a fact finding team consisting of five
persons under the leadership of the well-known social worker Mrs.
Amiya Rao. Only one of the five members was a Sikh, Shri Tejinder
Singh Ahuja, a lawyer who on account of personal difficulties was
not able to accompany the team for more than three days. The rest
of the members spent 13 days in Punjab from the 1st to the 13th of
May, 1985 and visited a number of cities and villages in the course
of their inquiries. The object of the team was to study the general
situation in Punjab, to examine how far civil liberties and the rule
of law prevailed in the region, how the people reacted to the appeal
of Sikh extremists on the one hand and the rigors of the army and
police rule on the other, and what was the state of inter-communal
relations between Hindus and Sikhs. What follows is the report
prepared by the team.
The whole report except the Introduction had been written before
Rajiv Gandhi-Harcharan Singh Longowal accord which was published in
the press on July 25, 1985. There is little doubt that the accord
is a step in the right direction and that it may go a long way in
the eventual solution of what has become known as the Punjab
problem. It is at the same time extremely important that people in
the rest of the country know what has really been happening in
Punjab in the last year or so. This is necessary not only for
understanding the present situation in Punjab but also in order that
we should appreciate what happens when democratic rule is allowed to
be replaced by a rule of the army and of the police. The recent
events in Punjab present a object lesson of how a democratic polity
should not deal with a situation of acute public unrest.
The report is in three Parts. Part I describes the inhuman
barbarities to which the people of a particular community in Punjab
were subjected. It is a terrible take, carefully documented, of
sadistic torture, ruthless killings, fake encounters, calculated
ill-treatment of women and children, and corruption and graft on a
large scale. It is also a story of the bravery of a people,
particularly of the women-folk. A large number of Sarpanchas of
Village Panchayats distinguished themselves by openly siding with
people against the lawless police and the army. The story also
shows that although the relations between Hindus and Sikhs in Punjab
are not as cordial as before, the basic unity between the two
communities has not been disrupted. Despite all the oppression of
the Sikh community, there was not any incident of a communal riot
even in villages where the Hindus were in a hopeless minority. The
story also shows that the Sikhs of Punjab are hardly affected by the
slogan of Khalistan. The story gives the impression that such
extremism as one finds among Sikhs is largely the result of the
acute dissatisfaction and resentment caused by army and police
atrocities. The member of the teams, working in conditions of press
censorship and official lawlessness, could hardly be expected to
secure the official version of the various events recorded by them.
But the statements of the informants were recorded by the team in
well attended group meeting so as to eliminate exaggeration and
misstatements as far as possible. The statements of important
witnesses were tape-recorded, so that the accuracy of the report
could be verified.
Part II gives a non-official version of what happened at the Golden
Temple before and during the Blue Star Operation, from the 1st to
the 7th of June 1984. It presents a series of facts, based on
dependable evidence, which show that much of what is stated in the
Government's White Paper is far from the truth. Evidence shows that
on June 1 1984, no shots from the Golden Temple were fired at the
police. It was on the contrary the CRP which fired continuously at
Harminder Sahib on that day. The 4th of June, 1984 was wrongly
chosen by the army for an attack on the inmates of the Golden Temple
because, the 3rd of June being Guru Purb, a large number of
pilgrims, nearly 10,000 in number, had come to stay in the Golden
Temple. Many of them appear to have been killed in the army action.
According to this report, the number of terrorist flushed out, from
the Golden Temple as a result of the Blue Star Operation was rather
small, a much larger number of alleged terrorist being inoffensive
pilgrims staying at the Golden Temple. The report also shows that a
large number of persons subjected to preventive detention or
arrested under the anti-terrorist law are clearly innocent of the
alleged offenses.
Part III gives an account of the various Black Laws prevailing in
Punjab and shows how innocent people are constantly harassed and
oppressed by their operation. This is followed by a number of
Annexures consisting of statements made by important witnesses.
The Punjab episode will always remain an important chapter in
India's modern history. It has some valuable lessons to teach us.
It shows, in the first place, that communalism in the country is to
a large extent sustained and fermented by the unprincipled struggle
for power of different political parties. The agitation in Punjab
was started by the Akali Party which, being a party of a minority
community, was assumed to be entitled to mix religion with politics.
Although all the major demands were secular, the agitation was
called "Dharmayudh". Once started, the agitation was allowed to
continue because of the power politics of the Congress (I)
leadership. The Akali demands could have been easily settled as
early as in 1981, but Congress (I) leadership avoided a settlement
because such a settlement would have increased the popularity of the
Akali Party in Punjab. The situation was allowed to go from bad to
worse, with the result that the "Dharmayudh" went into the hands of
extremist like Bhindranwale. The ease with which the issues were
compromised between Mr. Rajiv Gandhi and Sant Harchand Singh
Longowal on 24th July, 1985 shows that such a settlement would
easily have been brought about four years ago, avoiding all the
suffering and blood-shed which have taken place during the
intervening period. Even the new Prime Minister, more
democratically inclined than his predecessor, took advantage of
Hindu communal sentiment in two successive election campaigns before
he turned to bring about the easily attainable accord. In the
meantime, Punjab was allowed to burn. That is how power politics
fans the flames of communalism.
The second lesson of the Punjab episode is that we have yet to learn
how to deal with public unrest, particularly if it assumes violent
forms. The almost instinctive reaction of the ruling politicians,
to whatever political party they belong, is to try to suppress
public unrest by letting loose the police, and if necessary the
army, on the affected people and by passing draconian laws so as to
give arbitrary and oppressive power to the executive and to the
security forces. Sometimes this policy is "successful", because the
movement is crushed, the people are cowed down and law and order are
restored. But the success is short-lived, for the public
dissatisfaction is driven underground and it finds more violent
expression from time to time. The Punjab episode shows that State
terrorism is no answer to private terrorism. On the contrary, State
terrorism foments insurgency and breeds more terrorists. For the
same reason, draconian laws are counter-productive. They increase
public resentment and offer a justification for private violence.
In a democracy, public unrest must be met by democratic means.
Primacy must be given to the removal of the grievances of the
public. Law and order have to be maintained , but they must be
maintained by just and fair laws. Terrorism must be eliminated, but
that should be done by taking public in confidence and isolating the
terrorist from the rest of the people. Justice and fair play must
characterize the approach of a democratic government on all
occasions of public unrest.
This report is bound to be a very controversial document. It
deserves a careful perusal by the discerning reader.
Delhi, August 12, 1985 V.M. Tarkunde
INTRODUCTION
In 1923 the National All India Congress had rushed a three-member
fact finding team to Punjab when hundreds of Sikhs protesting
against the illegal takeover of the Nabha State by the British
administration were sent to jail without any warrant and tortured
inside the Nabha prison. Jawahar Lal Nehru, who had headed the team
and two colleagues were also jailed after their arrival in Nabha:
all the facts they had gone to find they found inside the jail
itself. After India attained independence, however, the All India
Congress lost this admirable zeal for probe for verification of
truth: and with the passing of time fact-finding teams were
considered by it as irrelevant, since the Congress party was in
power and 'the congress Government could do not wrong': thus even
after the massacre of the Muslims in Moradabad, blinding of
prisoners is Bihar, killing of political activist in Kerala,
dishonor of women in the open marketplace of Bagphat by the police
in broad daylight and now after the incredible violence in Gujarat,
the Congress party has not thought it necessary to send a team to
any of these places.
The onerous duty of reaching the oppressed people at their hour of
trial, and equally important, to present after meticulous
investigation a correct picture to the public of hundreds of men,
women and children living under duress, has fallen on those who
staunchly believe that no violation of civil liberty and human
rights can be tolerated and democratic principles India swears by
must be observed in action and not merely remain on paper. They do
not share the comfortable notion that because a prestigious party is
in power things cannot go wrong.
Now after 1984 after the Operation Blue Star suddenly the Government
clamped down on Punjab an undeclared emergency. Punjab was cut off
from the rest of the country for days, censorship was declared, all
Prssmen-both foreign and Indian-were expelled. There was a total
black-out of news excepting what was told by the Government-run All
India Radio and Doordarshan, again bringing back the unpleasant
memories of Emergency days. One heard that "there was unprovoked
firing from inside the Golden Temple on June 1 and the Security
Forces showed extreme restraint and did not fire a single shot, a
variety of Government sponsored news item informed us how the Army
took the Golden Temple complex with utmost care bordering on
reverence (they even took their boots off while entering the
Temple), how the city remained untouched and undamaged. Without a
scrap of evidence we were expected to believe that is was Pakistan
which was responsible for the growth of terrorism in Punjab and
there was a seizure of highly sophisticated weapons. In July 1984
the White Paper carried the story of a moodier Arms Factory located
inside the Complex. Days after when we were assured of calm and
normalcy in the temple, the expulsion order regarding the foreign
press was not withdrawn and even the Indian Press was not allowed to
move about freely, a guided tour was arranged for them as if
Amritsar had been an enemy territory recently captured. It is only
on July 26 this year that there has been a temporary and partial
relaxation of the ban on some foreign correspondents to enter Punjab
for the specific purpose of covering the Akali Dal meeting after the
announcement of the award of Chandigarh to Punjab. Obviously the
Government has a lot to hide still.
That the ruling party was anxious to hide something earlier also was
amply clear from the Government vendetta which the foreign
correspondent of the Associated Press Mr. Brahma Chellany had to
face. He was under intensive interrogation by the Police and the
Army Intelligence Bureau and was charged with sedition, because he
was the first pressman of standing who exploded the myth of Army's
'human behavior' toward the 'militant' Sikhs who were arrested,
unturbaned, hands tied behind their backs and then at least 13 of
them shot in cold blood, and it was again he who gave some tentative
figure of the dead -both the Sikhs and the Army-since the number of
the Sikhs killed 'was not of much concern to the authorities and the
the number of the armymen killed was, Chellany's 2000 soldiers dead
had to be whittled down to 96, but Shri Rajiv Gandhi while
addressing the Nagpur session of the National Students Union in
September 1984 raised the figure to 700, so far it has not been
contradicted, it could be like his other famous utterance the Sant
Jarnail Singh Bhindrawale was a religious teacher.
Under these circumstances rumors held sway-so much so that thousands
of Sikh soldiers far away from home imagined the worst and became
emotionally overwhelmed and today are undergoing painful punishment
for no fault of theirs excepting that they had placed their faith
above everything else in the world.
Extremely harsh laws have been promulgated covering the whole county
but ever since the President's rule in Punjab and particularly after
the Army Action, some of these laws have been devised specially for
Punjab--to teach the Sikhs a lesson, Punjab Disturbed Areas Act,
Chandigarh Disturbed Areas Act, Armed Forces (Punjab & Chandigarh)
Act, Terrorist Affected Areas (Special courts) Act, 1984. The Code
of Criminal Procedure (Punjab Amendment) Act. all these have given
enormous power to the police and the Army. How vindictive the
Government meant to be towards the Sikhs would be clear in the way
Punjab government violated the National Security Act (NSA)
provisions. In a number of cases the serving of revocation order
recommended by the Advisory Board was held up for over 3 months.
According to a report the Home Department in a letter marked
'secret' to the I.G.P. (Intelligence) stated that while forwarding
orders of revocation of some detenus, to the District Magistrate,
the S.D.M. should be asked to consider re-detention if necessary and
'serve revocation and arrest detention orders simultaneously". The
Home Department of the police were keen on over-ruling the opinion
of the Advisory Board recommendation releasing an Akali leader. The
Home Department also issued instruction to the District Magistrates
to keep a 'close watch' on all those who had been detained under NSA
but released and "apprehend such people without any loss of time" if
they were found indulging in prejudicial activities, a list of such
released persons was sent to the District Magistrates. Even the
Supreme Court's order to Punjab Government for the immediate release
of 22 minor children and 4 women held in Ludhiana jail since Army
Action in 1984 was given effect to. The minors continued to remain
in jail and later when released again under orders of the Supreme
Court two were rearrested and sent to Nabha jail. It was obvious
that in Punjab violation of the rule of law had become the norm.
The District & Sessions Judge Patiala, Mr. Cheema's report on
torture of detenues in Ladha Kothi in Sangrur District was too
shocking for words. (Annexure No. 5).
The Government propaganda was perfect. The Punjab had become a
dangerous place because of extremists roaming around with rifles and
pistols and hand-grenades ready to kill had been fairly accepted by
the people. reports on encounter deaths were fairly frequent - the
dead were always the Sikh terrorists, though no particular communal
incident could be reported, the media never tired of communalism in
Punjab. One heard how thousands of Sikhs were demanding Khalistan
but for some reason the Khalistan flag was never described though it
had been hoisted by those who are out to destroy the country! Even
the national dailies had succumbed to the propaganda. Though they
had no means of verifying the truth-the Temple being out of bound,
one of them wrote in an impressive editorial about "the very
magnitude and caliber of the weapons found in the Temple complex,
some of foreign origin, the elaborate fortifications discovered
within the holy temple." Terms like "Command Headquarter", "trained
guerrillas" used in real wars were just dropped casually like small
pebbles in reams of learned articles.
One had a tremendous urge to rush to Punjab, to Amristar's Golden
Temple, to other Gurdwaras where army action had taken place, to
various towns and villages in Punjab and using one's eyes and ears
try to reach the truth. The team was expected to find out if there
had been any erosion of civil liberty after the promulgation of the
apperceive laws and the Operation Blue Star, if the Army's mopping
up operation which was extended to the villages-known by the pretty
name "Warders" Operation, which had begun simultaneously with the
Army Action in Golden Temple, had affected the lives of the rural
people adversely, how far the communal virus had spread and if the
Hindus were really migrating from Punjab out of fear of the Sikhs,
how deep was the alienation of the Sikhs from the Hindus, and if
Khalistan was just a vague concept or if people were preparing for a
new State called Khalistan-for that would obviously mean a bloody
civil war.
The report has attempted to cover mostly these points. It is based
entirely on interviews, which were held mostly on village commons,
sometimes under a tree or in a school compound-but always in the
open. It was only after talking to these people we realize with a
shock that most of the facts on which we had been fed for the last
one year through articles and the media were highly exaggerated or
mostly false, many vital facts touching the common man's daily life
had been totally suppressed. Truth, it is well known, is the
biggest casualty in war and few may be aware or though aware would
not like to admit that a war is on--an undeclared, unilateral
ruthless war--against hundreds of innocent defencless men and women
in far-away tiny villages of Punjab from where their voices do not
reach the rest of India.
Though many of these villagers were on bail and some had come out of
jail only a couple of days before they met us, they showed amazing
self-control and fearlessness and without any hesitation told us
their story mentioning the names of police officers who had tortured
them and had demanded and in several instances accepted huge bribes,
if they wanted their women not to be molested or their sons and
brothers not to be killed in 'encounters'.
The Report has gathered that in the name of curbing terrorism
unabashed State terrorism has been unreleased on the Sikhs branding
them as criminals, arbitrary arrests and McCarthy style witch-hunt,
sadistic torture of Amritdhari* Sikhs and cold-blooded shooting down
of young men in false encounters, are common occurrences, ever
village women are not spared, they are being harassed and beaten up,
dishonored and taken away to Police Stations or to unknown
destinations and kept there, sometime for more that a month. It is
all male police-there was not sign of woman police in the villages.
The demand is that the woman must produce their missing or
absconding husbands and sons, women after women come to meet us from
different villages to tell us what they had been facing for the last
one and half year, fields are not cultivated, the police whisk away
the servants, cattle are not fed, crops cannot be harvested, a woman
saddled with children with no man in the house to help and all the
time the police-fear haunting her is a common story in the villages.
[ * Amritdhari. This tradition of Amritdhari was started by Guru
Gobind Singh when he initiated "Panj Pyaras" (five Beloved ones) as
true Khalsas. Water and 'Batashas' (sugar tablets) were put in a
steel post and it was mixed with a Khanda (two edged Kirpan)
Gurbanis were recited and this mixture was called Amrit (nectar).
Panj Pyaras stood in one line and drank the said 'Amrit' one by one
from the same pot. This tradition is followed and all those Sikhs
who are baptized in the above manner are called 'Amritdharis'. They
have to follow strict rules of discipline and a rigorous life. They
have to keep always five things on their body i.e. "Kachha, Kada,
Kesh and Kangha (Underwear, steel ring on hand, sword, hair and
comb.) They are required not to take any wine or any other
intoxicant, never to look at other's women with bad intentions,
never to eat 'Halal Meat", never to tell lies, never to attack
first. They are also required to defend the oppressed and the
exploited, and never to tolerate injustice.]
The Army never made a list of dead after the Operation Blue Star nor
returned the bodies--so none knows whether these men who had gone to
the Guru Parb on June 3 either as pilgrims or with gifts of corn for
the 'langar'--are dead or have absconded for fear of being arrested
and tortured. Swinging between hope and hopelessness, afraid of the
police, in many villages women have locked up their houses and
disappeared. In Verka village, for instance, houses were not even
locked--they were lying empty, deserted. The situation is really
desperate and it will be surprising if the brutal torture by the
police does not encourage retaliation and fresh violence and create
fresh terrorists. People who had undergone terrible torture came to
see us and described these to us in detail. With these gruesome
details reminding one of the medieval days we are marching towards
the 21st century. Who can tell what is in store? We have included
some of the descriptions in our appendix for better comprehension of
what the Army and the police have been doing to our people. There
is a distinct pattern in the atrocities committed by the police,
repeated raids in a particular house, repeated arrest of a
particular person, removal of his agricultural implements, carrying
away of the women to some unknown destination, threats to set on
fire the house and the crops, harassment of relations, and finally
extortion of money. Amritdhari Sikhs are not "dangerous criminals"
as the obsessed Army has declared, but the Amritdhari Sikhs are in
danger--their fate is uncertain.
We have pointed out, perhaps for the first time and with proper
evidence, that the story about the so called "highly sophisticated
arms" which were used to fight back the Army is totally baseless. A
number of responsible men and women who were inside the Golden
Temple throughout the Army action, described to us how innocent
people were slaughtered like rats--first letting them enter the
Complex and then declaring the curfew which prevented them from
going out--thousand were thus caught unawares, finally when the
survivors were asked to surrender they were shot in cold blood, our
photograph would showed how the hands of men were tied at their back
with their own turbans, some of whom were shot. The post mortem
reports show how the bullets had pierced their bodies. The eye
witnesses witnessted the use of gas by the Army, the pile of dead
bodies on the 'parikarma', the arrival of tanks which some of them
thought were the ambulances, the hovering of helicopters at night,
throwing their search-lights on targets which were bombed, the
wanton destruction of the Akal Takht, the Research LIbrary and the
Museum, and finally the killing of the 4 Sikhs of the Bunga Jassa
Singa Ramgarhia in the basment of the Akal Takht - Bhindranwale was
not definitly one of them. Of these eywitnesses some were arrested
and one is still inside jail, one was on the point of being shot but
was saved almost miraculously. The facts have exposed the Army's
'restraint' we heard so much of and hve proved conclusively that the
White-paper is after all not so white. We learnt for the first time
with amazement that the Red Cross was not allowed even to enter the
Complex to attend to the wounded, many not allowed water to drink
died of thirst, on June 7, 28 people were pushed inside a strong
room wihtout any ventilation and locked up, and when the room was
opened, 14 of them were dead. Bodies were left to rot, inside the
room and then burnt. This was free India's Jallianwalla Bagh -
leaving the old Jallianwalla Bagh of the British days far behind in
the number of killed and in the manner of killing.
We interviewed the sorrowing parents of some youngmen who are now in
Jodhpur Jail as 'dangerous terrorist'. They showed us the
photographs of these 'guerillas' gentle, innocent faces - all
between 20 and 23, looked at us through the framed photos. One was
a good musician, fond of books, a serious student in college -
completely apolitical, another an excellent chess player, well
qualified, looking for a job in the State Bank of India, yet another
a designer of steel furniture - there is not even a shred of
evidence against most of these boys. Some were arrested because
they happended to live in the Golden Temple Complex and were young.
We visited some special courts from outside and met a few who were
being tried under the Arms Act. We were told that there wer about
5,000 such cases - contemptuously called pen-knife casses. To make
the cases look more prestigious revolvers and pistols are sometimes
planted on the boys, even one cartridge would do the job. One of
these extremist we met in the court holding up his tattered 'banyan'
asked up 'where could I have hidden a revolver?" Under the
Terrorist Affected Areas (Special Courts) Act, the accused had to
prove his innocence and virtually there was no appeal since the
appeal was only to the Supreme Court as far off as the moon in the
heaved for the rural poor, so he had to rot in jail - much longer
than the punishment called for. But the Government was happy with
performance of the police- it is the number that counted - being
utterly oblivious of the hardship the families had to face during
the absence of their men. Thus circumstances have forced many of
these innocent people to stand before the Court and 'confess their
guilt", only to have the period of detention reduced and then
released. The Black Laws have virtually nullified the functiong of
ordinary criminal laws ensuring fair trial and some kind of level
justice.
For months the civil authorities had almost ceased to function. It
is only under a military dictatorship, army officers could drag a
Sarpanch to the Army Camp - and order him to produce some weapons
which he was suspected to posses and when he could not, made to
stand in a deep pit and earth piled inside till it reached his
neck. We found that the Army was hated not only by the common
villager but by their own retired Havaldars and Captains, for in
several cases they were the targest being Amritdharis. Today the
image of the Army is of a communal, currupt, cruel, and a grossly
insensitive force. Its drunken revelry did not amuse the villager
either. We have included some interviews in the Appendix on the
behavior of the Army - they are revealing and ask for no further
comment.
Regarding communalism in Punjab we interviewd several people both
Hindus and Sikhs - excepting a few Hindus who appeared to be
communal and made some unsavoury remarks about the Sikhs, we never
came across any evidence of communal feeling and there certainly was
no migration of the Hindus from Punjab, but what we did find was
alienation - that old trust, that spontaneous affection is gone,
just now there is distrust and bitterness, unfortunately some
Congress (I) when are formenting this distrust. In the villages, on
the other hand, there is harmony and friendship - as a villager
remarked "bad things always come from cities". The interviews held
in different villages gave us ample proof that the villages have
still remained unspoilt.
As regards Khalistan it is on record that even Bhindranwale did not
have a clear conception of Khalistan. According to a recent report,
Harminder Singh Sandhu - a close associate of Bhindranwale has stuck
to his statement that Bhindranwale never wanted a seprate state
called Khalistan. Those who are asking for a seperate state do not
live in Punjab, and one must not take their words as the words of
those who are here and all that they mean by Khalistan is to be
able to live with dignity and honour, inside India. We have
recorded some interviews on this subject - which has been falsely
projected to lower down the Sikhs - who are no less patriotic than
any other Indian.
In our Report we have not made any comment on the Anandpur Sahib
Rsolution, since reporting truthfully is our primary function, we
have to say that those days when we were in Punjab, nobody talked
about the Resolution. It could be because the people were too
harassed by the police and the army to think about the Anandpur
Sahib Resolution.
But now that Sant Longowal and the Prime Minister Rajiv Gandhi have
signed and agreement which includeds transfer of Chandigarh to
Punjab and also a reference of the Anandpur Sahib Resolution to the
Sarkaria Commission, it is necessary perhaps to write a few words.
The "historical accord" as it had been hailed could have been
reached 4 years ago without much trouble at all - without destroying
the holy shrine Akal Takht causing so much pain and anguish to those
who hold their faith above everything else in life. One could have
reached Chandigarh without having to wade through blood of thousands
of mem, women, and children since 1982.
But all this did not happen. What has happened one might perhaps
examine with some care.
While efforts to achieve the accord should be apprecitated, it
cannot be disputed that no accord can bring lasting peace in Punjab
which ignores the burning issues over which the Sikhs feel deeply
agitated. The Rajiv-Longowal accord has seemingly forgotten.
1. The thousands of so-called Army deserters.
2. and thousands of Sikh youth languishing in differnt jails of
the country.
3. and also the families of those - again running into thousands
- who have allegeldy gone to Pakistan but actually have been killed
by the police and the Army,
4. The problem of absconders who are underground, and who have
fled under duress,
5. Rajiv-Longowal accord has not said one word about the Police
Lawlessness or the repeal of most of the Black Laws, nor has it
dealt with the withdrawl of the Army from Punjab.
6. The accord is silent about adequate compensation for the
November '84 riot victims.
Will the accord bring solace to those hundreds of men and women who
have lost their peace of mind because of the constant terror of
police they have been living in? As a poor village women told us in
Dera Baba Nanak - it is the poor who suffer when big people fight
for their 'Kursi'.
We place our report before the Government and the people and demand
that to bring back normalcy in Punjab, a General Amnesty must be
declared without much delay, police repression should be stopped and
all the black laws should be repealed forthwith.
PART I
SUPPRESSION OF A COMMUNITY
Punjab: 1982-84
For some years now, killing of innocent people has been going on in
Punjab either with the quiet blessing, or with the active
participation of the State. In the late seventy that name of an
ovscure village, Kala Sangha in the Kapurthala District of Punjab,
had got splashed all over the country as a place where ruthless mass
killings had taken place and fields full of ripening corn had been
set on fire to teach the villagers a lessor. For the 'security of
the State' - the new catchword 'integrity of the country' had not
then come not vogue - the Punjab Police, the B.S.F. arid C.R.P. were
extremely busy liquidating political activists as 'Naxalites'. The
villagers showed us the pillar they had erected in memory of their
local martyrs, and mentioned with gratitude how Shri Tarkunde had
gone there in the days of their tribulation. Sinch then Punjab has
not looked back, her path to the 21st century has been littered with
bodies of young people. India 1984 has in many respects fulfilled
the criteria of Orwell's 1984.
RISE OF BHINDRANWALE
Sant Jarnail Singh Bhindranwale's name first came in to prominence
in connection with a Nirankari-Akali clash on 13th April 1978, in
which 19 Akalis were murdered. Smt. Hardev of village Gutala (Distt.
Kapurthala) told us about this clash. She and others had gone to
see the Baisakhi celebrations on April 12th 1978. "At night a Kirtan
organised by the Nirankaris was going on in Ajit Nagar, Bhindranwale
informed the gathering that the Nirankaris were going to defame our
religion. Immediately men, bare-headed and barfoot rushed to Ajit
Nagar where the Nirankaris fired on them. It was on that night that
my husband got killed."
But Bhindranwale remained unharmed since he never went with the men
to fight the Nirankaris. This was the first indication of
Bhindrawale's role in inciting violence.
But Bhindrawale did not rise to political eminence till 1979. Dr
Baldev Prakash, Presiden, BJP, Punjab, talking about 'extremism'
said, "The Congress (I) created Bhindranwale for us in 1979 but the
coalition fell and in the process Bhindranwale became stronger. The
plicy of the Congress (I) is to create divisions amone the Akalis."
Soon after the Lok Sabha Election in 1980 Bhindranwale's name began
to figure in connection with the murder of Nirankari Baba Gurbachan
Singh who had been killed in Delhi. The then Lieutenant Governor, in
a secret letter to the Chief Minister, Punjab, had stated the
"evidence has been collected to the effect that al the 20 persons
against whom notices have been issued, and the three persons against
whom warrants have been issued either belong to Sant Bhindranwale's
Jatha, or are his close relatives or associates and are hiding under
his protection. The CBI is in the process of issuing notice under
section of 160 CrP.C. to Sant Jarnail Singh Bhindrawale." Since he
was not arrested, nor any action taken against him or his followers
it was realized that he had powerful patronage and was above the
law. This realization got confirmed when in September 1981, after
the murder of Lala Jagat Narain there was a mock arrest and he was
taken to the luxurious rest house in Ludhiana instead of to the
prison, soon after in October he was 'released', and given a hero's
welcome. His elevation was so rapid that he was tipped for the
presidentship of the Shiromani Gurdwara Prabhandhak Committee, and
he moved into the Golden Temple Complex with his extremists from the
obscurity of the Gurdwara Gurdarshan Parkash in Mehta Chowk. Large
scale killing, majority of whom were Hindus, and also Sikhs who did
not fall in with his ideas continued unabated. Murders and
processions continued unchecked topped by a hijack to Pakistan. It
looks as if the Centre had given a carte blanch to extremists. It
is curious how this entire episode has been omitted in the
Government's White Paper. Commenting, Mainstream has pointed out:
"there is nothing on record in the White Paper to show what
stringent action the Government had taken to deal with the
terrorists. In fact Bhindranwale was let off after a few days, under
circumstances not very flatterg for the authorities - a fact
curiously deleted from the White Paper." (Mainstream, July 14, 1984.
"Not So White". p2).
Shri Kirpal Singh, President, Khalsa Dewan, when interviewed said,
referring to the extremists inside the Golden Temple, "the
historical fact is that those armed people were with the Congress(I)
in the last election on the same platform before the attack on the
Golden Temple. These armed people had been opposing the Akali Dal
and had put up candidates in opposition to the Akalis. Once they
had already entered here who could have driven them out?" There is
some truth in Shri Kirpal Singh's surmise for when asked by India
Today (October 31, 1981) why the Police would not arrest the
criminals hiding inside the Golden Temple, Darbara Singh, the then
Chief Minister, replied lamely: "No comment on the sensitive
question. Wisdom must prevail on them." As regards the positon
Bhindrawale enjoyed, Derbara Singh's reply is quite illuminating,
explaining why he did not arrest him earlier the Chief Minister
said, "if we had arrested him earlier along with his group, there
might hav been more casualties. He was alway surrounded by over
70-80 armed people, and all of them might have been killed." This
exhibition of consideration (or is it sheer fear camouflaged as
compassion) for Bhindrawale's extremist took shape further when they
were allowed to continue their activities along with other extremist
groups, such as the Babbar Khalsa and the Dal Khalsa. In November,
1983 Mrs, Gandhi herself had written to Bhindranwale a personal
letter in her own hand appreciating his progressive views on social
matters; Bhindrawale himself had shown this letter to Devinder Singh
Duggal - Head of the Sikh Reference Library in the Golden Temple
complex; it was kept in the library, when the reference library went
up in flames this valuable document also was destroyed. In early
1984 Rajiv Gandhi had declared that Bhindrawale was a religious
teacher - all this might explain why the Government of Punjab did
not take any stern measure against Bhindrawale even if it wished to.
The government's stand might have continued till today but for the
Congress (I) fear of losing the votes of the majority community in
the 1985 election and the funding of the local political parties.
Perhaps also it suddenly dawned on the Govermnent that the divide
and rule policy has been taken too far.
NATURE OF TERRORIS: THEN AND NOW
This brief sojourn in the past is necessary to explain the nature of
terrorism then and now. Terrorism must be condemned, whether it was
quietly blessed by a powerful hand, unleashed openly by a mighty
State, or committed by individuals from their hide-outs, but the
difference in the nature of terrorists in Punjab then and now has to
be noted. Then, it manifested itself through sudden murder and
swift assault probably with the concurrence of the Government, the
Police standing by. Today, it is the State itself which openly
indulges not only in murder and assault, but also in inhuman
torture, molestation of women, non-production of the accused before
a Magistrate, destruction of crops, frequent raids, and harassment
of the friends and relatives of the accused and false encounters
leading to gruesome deaths. Then, there was a situation in which
the agencies of law and order had ceased to funciton, edging as it
were towards anarchy. The enormity of the threat that the followere
os Bhindrawale posed to the "integrity fo the country" - an
expression we have been hearing without break - was completely lost
sight of in the power game. Today, it is those very agencies of Law
and Order, the Police, and since June 1984, the Army, who, with the
sanction of the Black Laws have with new-found vigor let loose
terror the like of which is difficult to match.
WHO IS AN EXTREMIST?
One last point about terminology. During the last couple of years
the word 'extremist' has been continually and arbitrarily used by
the press and pliticans to describe the hundreds of people in Punjab
who have fallen foul of the Army and Police. In course of our stay
in Punjab we met and heard of many of these so-called 'extremists-
women like Satwant Kaur of Harchowal (P) whose husband had been
killed and who only asked that she be spared constant humiliation at
the hands of the police, men like Sohan Singh whose eyes were gouged
out and his body reduced to pulp because he had said he was a
religous Sikh; or Suba Singh who was killed simply because he had
witnessed the police torture of another innocent man; on Narinder
Singh who was pciked up from his village for no reason at all,
tortured and eventuall narrowly escaped being killed in a fake
encounter- thereafter being forced to go underground simply to
survive. In what way can these people be called extremist? Is the
demand that every citizen be spared torture, or that one be allowed
to live in human dignity and follow one's religion, or that one be
allowed to survive at all an extreme one? Who then are the real
'extremists' of Punjab? It is a question we hope our reprot will
answer.
DISCOVERING PUNJAB
Punjab is just there - a close neighbour, in a manner of speaking a
cold wave over there makes us shiver here, a hot breeze blowing here
scalds them over there. In spite of this proximity and constant
media projection of dangerous terrorists throwing bombs, communal
Akalis demanding Khalistan and total alientation of Hindus from
Sikhs, we found that the fact we had been fed upon did not tell us
about the Punjab of today. The story of Punjab after the Army
Action, the passing of the Black Laws and the bestowal of
extraordinary powers upon the police and the Army had not been told
at all. Our vist was alamost like lifting the corner of a veil to
discouver a face - an amazing face full of conflicting emotions,
suffering yet defiant, anqusihed yet challenging, tortured yet
proud.
'OCCUPIED' TERRITORY
One gets the feel of things in Amritsar itself, that busy city once
bustling with pilgrims and Indian and foreign tourist had fallen
strangely silent. The rubble still lies scattered around where the
buildings used to be, the devasted labyrinths of the ancient bazars
still tell the story of the grand success of the Indian Army in
action against the defenceless citzens of Amritsar, thousand of
shopkeepers, traders and businessmen have lost their property worth
crores. And the loss of life? That irreparable loss? The evidence
we collectted would give some idea of that colossal and
unjustifiable killing during the Army action. "Death certificates
were not given and no list was published of those killed in the
Operation. Dead bodies were thrown in the dirty refuse trucks and
there was a mass cremeation", said Professor Virk of Guru Nanak
University.
The President of India had given awards to our brave army in
appreciation of their dangerous mopping-up operation. Buildings
once tall and imposing stand like so many haunted houses, eerie and
empty with bombed out walls, mangled girders and gaping wounds -
mute witnesses to wanton destruction. Though we had been told in
Delhi that the Army had been withdrawn, that Army was there in
Amritsar, even 8 months after the Operation Blue Star. The convoys
still rumble along, Big Brother stands fully armed, using the
bomb-blasted multistoreyed buildings close to the Golden Temple as
his watchtower, from that imposing height he keeps constant vigil on
all who enter or leave the Temple Complex, himself almost invisible.
Before evening falls every passing vehicle is searched, passengers
are hauled out, luggage is examined creating an artificial
atmosphere of danger and impeding normal life. Sikhs, in
particulare are insulted - Professor Virk of Guru Nanake University
was slapped during checking. Almost invariably fines are imposed
for some technical lapse, as in our case, for not carrying a first
aid kit; we received no proper receipt for the fine we paid. Any
argument can land one in a Special Court, planting a postol or
revolver is quite common - even a 3" blade is enough to lead to
arrest under the Arms Act According to Shri Surinder Singh
Bhagowailia, Advocate and Vice President of A.F.D.R. (Punjab) in
Gurdaspur, "there are about 5,000 cases pending under the Arms Act
alone, these cases involving knives. The number of cases had been
intentionally increased by creating false cases, in order to justify
the existence of Special Courts and N.S.A. As the trial takes a
very long time, generally the accused, though innocent, 'confess'
the guilt in the hope of quick release. False cases are
manufactured on the basis of reports received from the mysterious,
'Mukhbir Khas' - nobody knows who this Mukhbir Khas of the police
is, a Sikh, a Hindu, or a Muslim."
LAWLESSNESS OF THE POLICE
How sheer living has become hazardous and insecure in Punjab today
was explained to us by Sri Narinder Singh, Sarpanch of Kala Sangha:
"If anybody objects about the illegal action of the Police, he is at
once arrested and falsely implicated in an Arms Act case. Innocent
persons are tortured. We cannot describe the extent of lawlessness
of the police. For two monthe the wife and aunt of Tarsem Singh and
the wife of Sandhu Seth were taken away by the police. They want
money - as much as they can extort."
Armed police is everwhere in groups, moving about or sitting down at
the entrance to the Golden Temple complex around Amritsar Guru Nanak
University and the Khalsa College, in front of shops, in the lanes
and bylanes of the city. One feels throttled, watched all the time.
The presence of so many armed men not merely increases anger and
tension, as the route and flag marches used to during the
noncooperation movement of the 1930's, but worse, it tends to excite
communal feeling, proclaming as it were that, but for the protective
presence of the police, the Hindus and Sikhs would be at one
another's throats.
COMMUNALISM
While not ruling out the simmering of communalism in wayward hearts
of some highly educated and well-to-do Hindus (a few did seem to
relish what had been done to the Sikhs during the riots of November
1984 and these are the ones who had disowned their mother-tongue -
we never found any indication of this feeling among the majority of
the Hindus or among the Sikhs whether educated or illiterate. Dr.
Baldev Prakash, President, Bharatiya Janate Party, Punjab State,
told us in and interview that "general relationship betweeen the
Hindus and the Sikhs is good, though some gulf has been created
between the two communitites. In Punjab thes communitites will
never come face to face to fight each other. Inquiry into the riots
of November 1984 will halp bridge the gulf. The guilty should be
punished, the victims should be rehabilitated. Political level
meetings should halp to preserve amity and good relations. Even now
there are joint committees of Hindus and Sikhs in mohallas and
towns. The Hindu Suraskha Samiti can only increase the gulf between
the two communities if they indulge in violence." Shri Kripal
Singh, President, Khalsa Dewan, when asked about the relationship
between the two communities said: "In Punjab there is no quarrel
between Hindus and Sikhs, they have never fought. There is no doubt
that murders do take in Punjab, and that both Hindus and Sikhs have
been murdered, Sikh officials also have been killed, but such an
incident is not a Hindu-Sikh question. But a feeling of resentment
has now developed between the two communities - their hearts have
seprated. But also their relationship is so deep that it is not
possible for them to fight one another face to face. If any one of
them dies, members of both communities participate in the
creamation, they join together in marriages. But due to the recent
incidents a kind of hatred has been created between them. This
could have been avoided if the Goivernment had sincerely wanted to
take steps agains the extremists. They could have been isolated.
The Punjab problem could have been solved, but Smt. Indira Gandhi
did not allow that." Then he quoted an Urdu couplet to sum up the
situation:
[It is no longer possible to disentangle the knots. It was with
great thought that the learned had tied and twisted them.]
Everywhere we went to heard that is was the Government (Sarkar)
through its police who is instigating communal trouble. When we
visted Kapurthala, we were told that three boys - Jogtar Singh, Tara
Singh and Charan Singh had been arresed and tortured by the police
because the shop of Sri Om Prakash was burnt in Kala Sangh market
place. When interviewed, Sri Om Prakash (Hindu) very clearly told us
- "I have not made any complaint against anyone, nor do I suspect
the boys who have been arrested by the police." Rashpal Singh,
President, Market Committe, added "there is no Hindu-Sikh tension
here, it is a political problem." The Sarpanch said, "there is
peace and harmony here but the government has posted police here to
disturb the peace. The shopkeeper whose shop was burnt down has not
taken anybody's name but the police has implicated three Sikh boys."
THE ROLE OF SOME CONGRESSMEN (I)
Mr. Shyam Lal, Chairman, Municipal Corporation, Fatehgarh Churian,
Dist. Amritsar, when asked about the communal situation was of the
firm opinion that "the relations between Sikhs, Hindus, Muslims and
Christians are very cordial and there has not been any trouble here,
there has been absolutely no migrations from our village to places
outside Punjab." But he added how "the police and the Army are
under pressure of the ruling Congress, wrong information is given to
them and because of that injustice is being done to the Sikhs" and
he mentioned the cases of a timber merchant Kulwant Singh Arrewalla
and a farmer Sarabjit Singh of village Fatehpur who were arrested
and tortured by the army and the polcie because "The Congress (I)
people falsely implicated them in the Khalistan Flag unfurling
case." This kind of thing creates trouble between the two
communities. To get to the root of the matter we interviewed
Kulwant Aingh Arrewala (50), timber merchant and Saw Mill owner of
Fatehagarh Churian and we quote him - "On the night of August 15.
Army rouned up a number of people and I was also arrested uner the
direction of Santokh Singh Randhawa, Punjab Congress (I) President,
I was told to pay obeisance to Shri Randhawa, when I refused they
blindfolded me, took me to various Interrogation Centers but not
finding anything against me released me after 5 days. Reaching late
at night I found a message from the local police station asking me
to report there, next morning I went to the polcie station. The SSP
asked me to sit down and then informed that I was going to be
arrested, when I asked what were the cahrges against me, he said,
"you should seek forgivness of Sri Randhawa" for reasons unknown. I
refused.
UNFURLING OF KHALISTAN FLAG
"So a false charge was framed against me that I had unfurled
Khalistan flag. The Colonel also had questioned me about this and I
had told him is was the work of Santokh Singh Randhawa and none
other. I have been release on bail of 2 lakhs after two months."
After this to expect that Hindus and Sikhs would live in amity is
perhaps expecting too much. We gathered from several sources that
there are some Congress (I) men who are against the Hindu-Sikh unity
and there is suspicion that they have their hands behind many of
the murders, though it is alwas a Sikh who is arested as an
extremist. We met the farmer Sarabjit Singh of Village Fatehgarh
and questioned him about the Khalistan flag unfurling story. He
said, "I was in my farm in a village 5-6 miles away when I heard of
the Khalistan flag incident. The next day on August 16, I was
arrested and kept for 4 days in Police lockup. There I was tortured
in the same way as others. About 40 people had been arrested, later
I was in jail for 5 months. Santokh Singh Randhawa has two or three
men who work for him for money and inform the police and then the
SSP takes action. Actually those very men had hoisted the flag."
Later we gathered further information talking to a big group of
local people, recorded discussions is being quoted: "This is totally
government sponsored. Many who have confessed being a party to
these incidents have talked of an important man in Congress (I) to
be the mastermind. Charanjit, a poor man, has confessed that he had
hoisted the Khalistan flag and slso threw a grenade inside a temple
- he did these things for money; his is now in Gurdaspur jail and
has been promised a bail and acquittal if only he gave a clean chit
to his master. The Congress (I) does not want peace but wants that
the Hindu-Sikh problem stays on in order to gain political
advantage. Here there are no extremist, but is played up to create
a permanent rift betwwen the two communities." If this was in
Fatehagarh Churian, the story of the involvment of Congress (I) in
giving protection to the real culprits and forcing the police to
arrest wrong men - alway Sikhs - was no different elsewhere. Sri
Karan Singh, President, City College, Butala told us that a student
of Class XII Jagdish Singh about 20 was murdered near a CRP and
Military camp. "We are telling you this because the CRP and
Military did not make any investigation to find out the culprits -
only because Jagdish Singh was a Sikh boy. If it had been a Hindu
boy they would have made vigorous investigations and arrested
hundreds of people, instead the police arrested one of his freinds
and falsely to protect the culprit implicated him in the case the
reason being that the Congress (I) wanted to protect the culprit and
get the polcie to arrest a freind of Jagdish Singh. All these
things are done at the instance of the government so that more and
more Sikh youths can be arrested and tortured."
1. How the Army is bing politicised, as the police already has
been; and
2. Some Congress (I) men have people in their pay to execute acts
of terrorism; and
3. Basically Hindus and Sikhs wish to live together in peace, but
some powerful men in the ruling party are against this unity.
Even about the attempted murder of R.L. Bhatia - the then President
of Punjab Congress - I there was unanimity that it was not the doing
of a Sikh, "it could never have been, for" said Bhagowailis, "Bhatia
had very good relations with the Akalis and was very popular among
the Sikhs in Punjab. The Sikhs had no reason to shoot him. The
shooting seems to be the result of internal quarrel within the
Congress-I." Sri Bhatia was one prominent Congress-I man who
genuinely wanted the Sikhs and the Hindus to live together in Punjab
as members of one family, but this was not exactly the aim of
several of his power-hungry colleagues in the Party office. Dr,
Rajinder Kaur, President Istri Akali Dal who we asked about this
incident-was a deeply worried woman, a personal freind of Shri
Bhatia, she was visiting him everyday in the hospital where he was
then lying gravely ill. She completely ruled out the hand of any
Sikh-"he was loved by all" she told us. But what they all had
feared has come to pass-"you'll see some Sikhs would be implicated"
- because the police dare not touch the real culprit.
HINDU - SIKH HARMONY IN THE VILLAGES
From all the evidence we could colect, it did not appear as if there
can ever be a Bhiwandi or a Moradabad in Punjab. There might have
been, the situation could have been really ugly when, after the
appaling incidents in Delhi and elsewhere, haunted by the fear of
their recurrence thousands of Sikhs had fled to Punjab. Even the
official figure was 25,00 which is hard to believe, considering in
Ludhiana's city Gurudwara alone there were 4000 families in May and
the SGPC had registered more than 1800 families and almost every
Gurudwara had given shelter to these people - many hundreds of them
widows and orphans. Several had gone to their relatives in the
villages where communal violence could easily have erupted, the
Hindus being in the minority in the rural areas. That nothing has
happened is not because of any extra precaution taken by
the Government or solace offered to the bereaved, nor because of the
presence of the Army. Repression of the Army has croosed all limits
beyond which it is difficult to imagine even the Army could go to
quell communal violence if it had at all occurred. Could the
presence of the Army control communal violence in Gujarat? We felt
it was the innate wisdom of the villagers which kept passions under
control, while visiting the Sarpanch of the Village Sandhu Chatha in
Kapurthala district, we met one such wise man, his 80-year old uncle
had heard what he had done to calm down his neighbours when they
began to get excited after hearing the people who had come there for
shelter. Calling them together with great gentleness he explined to
them that by killing people who had not harmed them they would not
get those back they have lost making others as miserable as they
were themselves would not lesson their own pain. Guru will comfort
them and time heal the wound. There never was any trouble in that
village, nor in any other village, we visited. Though we were all
Hindu and most of the villagers were Sikhs, we were treated as one
of them and their trust in us was deeply moving. How genuine this
feeling of freindship is between the two communities was made clear
to us by a small peasant owning only three acres of land. His story
is worth narrating. Gurmeet Singh alias Kahan Singh (35) of village
Khanna Chamara was surrounded by the military near Dharmakot
Randhawa village at about 8 a.m. when he was coming to Dera Baba
Nanak on his cycle, "I had just received Rs. 700 as price of my corn
from Babu Shah Commission agent, I had a Kirpan which I had bought
at Rs. 300 now its value will not be less than Rs. 1000, a Barccha
(spear) at Rs. 100 and a small Kirpan at Rs. 50 of which were my
religious symbols but these were all snatched away by the military.
I was hit with rifle butts. Suddenly it appears there was a lot of
noise - some Gujjars who always come to Punjab with their cattle -
buffaloes, sheep, horses, donkeys etc during the winter were
returning to Kangra as it was getting hot. The attention of the
military was diverted and they got busy with these hundreds of
Gujjars. The people in the market who were mainly Hindus signed to
me to run away. I took my cycle and ran towards the market. The
Hindus shouted "Run away, run away Baba - otherwise the military
will shoot you." They helped me in running through the market -
they did not inform the military. They saved my life." This
happened on 4-6-1984.
That in the country-side the two communities lived in perfect
harmony, was clear again when Gurnam Kaur (50), wife of the
agriculturist Swaran Singh of Harchowal village mentioned just
casually how "all Hindus and Sikhs of the village used to go to the
police station for the release of my daughter-in-law, but nobody
would listen to them. There is also fear if somebody goes to her
help, he also would be apprehended." This statment makes it clear
that the Hindus of her village not only used to go to the police
station but were prepared to take risks and all on their own, as
they had nothing to expect from Swaran Singh, a very small peasant
who had gone mad, one whose son Avtar Singh was missing while the
police was after him. This was an important interview for us, not
only did it tell us about the communal situation in the village, but
about the terrible molestation of women going on unchecked. "Since
September Avtar Singh (26) had not come home," said Gurnam Kaur
adding stoically, "the papers said SSP Pandey had caught him-must
have killed him for he has not come home, and I do not know where he
has gone. The police came and took his wife and kept her in
Srihargovindpur Police Station for 3 months without any charge, and
without prudcing her before any Magistrate. Whenever they want,
they take her to the Police Station and there is no woman police
there, so they molest her, insult her, humiliate her as they like.
"Tell me,' Gurnam Kaur asked us, "If any man sees this kind of
behaviour with his wife or sister how would he react?" This
question asked by a village women is asked by all, and if a man
'reacts' as the old woman implied and as all right thinking persons
think he should, he is called a 'terrorist.'
WHO ARE THE REAL TERRORISTS?
The definition of the word 'terrorist' is left purposely vague and
broad, so that any kind of protest can land one in the authorities
net and then in the Special Court. The Police can present a challan
in a period upto one year - thus, as an undertrial one remains
without the possibility of bail.
The Special Courts are bursting at their seams; a Police Officer, a
Hindu, admitted that 90 per cent cases are false and the kinds who
were facing the charge of burning down railway stations or bombing
bridges could never have done such things. The real crimianls have
escaped. In Amritsar we got a chance to talk to a 'dangerous
terrorist' who had been accused of snatching at revolver from a
policman and had been brought to the Special Court that morning.
Prakash Singh (22) of village Verka told us a story we did not
belive till we heard the same story from Mr. Dalbir Singh, an
Advocate and a member of the Legal Aid Committee, Amritsar. In
Jethana Army Camp where Prakash Singh and his friend had been taken
under the charge of revolver snatching, they were sent for by the
Army Commander of the Camp and asked to confess and also
demonstrating how he was running away with the revolver, the
Commander shot him down. Prakash was then told to see if his friend
was still alive and as he was moving towards the body he was shot at
but the bullet missed him, the Commander had another try but missed
again. Some superstition which forbade him to try a third time
saved Prakash Singh. On this no comment is necessary - it merely
shows how Indian Army personnel which had made a name for their
humane behaviour during the Bangladesh war have been behaving while
dealing with their own people in their own country. We had been
shaken by this story not realising at that time that this was only
the first of many such atrocities committed by the Army in Punjab
villages we were to hear of during our stay.
On terrorists and terrorism a group of villagers from Gurdaspur's
Jaffarwal village had a lot to say, and since they have been the
sufferers we must quote them in full (as far as possible in their
own words translated from Punjabi into English): "Police is
terrorising the people. All those who are to protect us, like
B.S.F., Punjab Police, C.R.P., military and Central Government
forces are the real terrorist and extremists, because terrorist are
those who have crossed all limits of law and humanity. Now the
government and its agencies have crossed all those limits. It is
not Pakistan which is training terrorist, it is these agencies of
the government who are doing that.
COMMUNALISM OF OUR PROTECTION FORCES IN A 'SECULAR' STATE
"They are terrorising the Amritdharis, because they want to finish
Sikhism, then they come to us who are not Amritdharis. We are at
the receiving end, we are being forced to leave our homes. Wasan
Singh's house is lying empty, his lands are lying untilled. The
police do not allow the land to be cultivated. There are thousands
of cases like this." Then we heard the story of Wasan Singh - but
it was really about the midnight arrest wihout warrent two days
earlier, of his 70-year old mother that they had come to tell us:
"We have been to all the Police Stations, but cannot find her.
"Wasan Singh, a young man of 26 was an employee at the Dhariwal
Mills, "a soft-spoken, religious man", but he was "an Amritdhari
Sikh and that was his crime. So he was declared a terrorist and he
is absconding." When the police came to arrest him, not finding him
they arrested his younger brother. The entire family, including
Wasan Singh's father, his wife and children and brother are since
absconding: only Bibi Surjit Kaur, his mother was left at home and
now she too has been taken away.
The story is the same in village after village. Arrest an
Amritdhari, raid the house again and again, as Harbans Ghuman's in
Ghuman Kalan village was, 45 times. His hands tied up and his back
with his turban, his eyes bandaged so hard that they are often
damaged, his faith spoken of in the most abusive language, he is
thrown in the van and pushed inside the interrogation centre- a
torture chamber to be truthful. Nine different methods of torture,
two of which have been described in detail in the report of Sri T.
S. Cheema, District and Sessions Judge, Patiala (see Annexure No. 5)
are used to break his body and crush his spirit. To find out what?
Where is Bhindranwale? Who are your friends and relative? How many
Hindus have you Killed? Where have you kept the weapons? The names
of his friends and relatives are obtained and similar treatment
meted out to them. Meanwhile, refuse the man water to drink till he
is almost dead, give him no more than two minutes to go to lavatory,
and if he is little late beat him mercilessly. Avtar Singh of
Jaffarwal villge who was sleeping by his oxen in September 1984 was
dragged away by the military to their camp and mercilessly beaten
and tortured, was not given any water to drink, "They would bring a
glass of water to our mouths and then withdraw it, we would fall
down unconscious. They would allow us to go to the lavatory only
once a day at 12:30".
Surjit Singh Bhatia, 47 - a teacher in a Government Middle School in
Dailo Raya a villge Nangal was arrested suddenly on June 8th 1984
from his house when he was trying to arrange for some Ata for his
friends - Sikhs and Hindus - who were all officails of the telephone
exchange and staying with him during the curfew. His house was
raided, he was taken to the G.T. Road and every method of torture
was used on him because he was an Amritdhari. On the verge of death
he was given a sip of water by one sepoy, "through the cloud of
subconscious I heard the sepoy say that I was dying to which the DSP
said that if I did not show any sign of life afer 5 minutes, I
should be shot down and the body removed. When I realised what they
would do to me I forced myself to remain awake and show them that I
was still alive." If some, unable to bear the torture die, no
postmortem is called for, since there is no record of their arrest,
even the bodies are not handed over and if in some cases they are,
the relative taking over the body has to certify under the threat of
being shot down that the man had committed suicide. Thus several
able bodied, innocent men who were only there yesterday ploughing
their small pieces of land peacefully are not there today and have
disappeared leaving no trace behind - but only the pain and anguish
in the hearts of the women who loved them. Gurmit Kaur (32), widow
of Karnail Singh of Village Kila Lal Singh, Gurdaspur Dist. owns a
2-1/2 acres plot of agricultural land, told us a story of incredible
brutality. "The police took away my husband on 11.11.84 giving no
reason for arrest, not saying where he was being taken. On 13.11.84
Ludhiana Police came to tell me that my husband was very ill and I
should go with them. Reaching there I found he was dead, both his
arms were broken, there were many injuries on the testicles, the
legs had been stretched to such an extent that the body had got torn
and his intestines had come out. The body had fallen apart so it
could not be brought home for cremation. There was no FIR, he was
not presented before any Court, he was arrested without warrant and
there was no witness like the Sarpanch when he had been taken away."
Hiding her tears she said, "it would have been better if he was shot
rather than killed like this through torture. "There is nobody to
till the land, now that Karnail Singh is dead and she is saddled
with an old and sick 80-year old brother-in-law and her own two
small children: in may families it is not merely the sorrow of death
but the fear of starvation which is haunting them.
OBESSION WITH AMRITDHARIS
The Army's abession with Amritdharis becomes clear for the appeal
the Army Gazette had released through Army Headquarters: it was
published in Baat Cheet Special No. 153. The Appeal said. "Any
knowledge of the Amritdharis who are dangerous people and pledged to
commit murders, arson and act of terrorism should immediately be
brought to the notice of the authorities. The people might appear
harmless from outside but they are basically commited to terrorism.
In the interest of all of us their idenity and whereabouts must
always be disclosed."
There is no dearth of men who are ready to identify Amrtidharis and
disclose their whereabouts. One such Amritdhari's presence in
village Sadulal, Amritsar District was reported to the Army. Sohan
Singh (32) of Longowal village of Gurdaspur - a small agritculturist
had gone with his wife and small daughter to look after the land of
his father-in-law who had fallen sick. "Some army men suddenly came
to my father's house when we were sitting down to eat and asked my
husband if he was an Amritdhari. He said he was a religious Sikh.
The amry men were abusive, they pulled his beard, opened out his
turban and said Sikhs are badmashes, my husband said, "I am a small
peasant, it does not matter if people think bad of me." At that
those men threw him on the ground and began to beat him badly, then
they dragged him out of house and took him in their jeep." The
statement was made by his wife. Bhajan Pratap Singh of village
Tarseka, Amritsar District, who was in the loch-up next to the rooms
where Sohan Singh had been put told us what had happened there, "I
could hear him cry and ask for water, I think an employee perhaps
was going to give him some water when I heard someone abusing him.
"Is he your Sala?" Others who were in that camp used to hear him
shriek and one day everything was quiet. We came to know that Sohan
Singh's eyes had been gouged out and every joint of his body had
been broken with steel rods. Later when his body was handed over to
his widow and his elder brother Baldev Singh, they found the eyes
were not there, the body was just pulp without joints and it had
become unusually long, the Army had handed it over to the S.H.O.
Jhandiala District AMritsar, who had entered the case as one of
suicide, and before giving the body to them, the police made the
widow sign a statement that it was a case of suicide. There was no
post-mortem report to prove that the man had died of torture. Sohan
Singh's body was brought to his village Longowal and cremated there.
One began to wonder if India is really a secular State where freedom
of worship is allowed to every citizen. Amritdharis are like the
Hindus who have taken "Deeksha" from their Gurus, those who have
been initiated, so to speak and observe certain rules in their
private life and are more religious, more rigid in their observance
of rituals than their co-religionist, but that does not make them
'dangerous' and in any case Army's duty does no involve
'witch-hunting'.
OUR DISCIPLINED ARMY
In a democracy Army is not meant to sort out political acrimonies,
to deal with law and order situation and commit atrocities on
defenceless citizens arbitrarily. Its undivided attention should
have been focused on the defence of the border. This is not being
done, at least not in Dera Baba Nanak, people come and go, smuggling
goes on in this important border. By harassing families to produce
missing men, by molesting, by daily arresting men, even children,
from nearby villages, nothing positive can be achieved: this can
only make the people hate the Army and create new terrorists. Shri
Kripal Singh's sorrowful words about the Army are worth quoting:
"When General Dyer killed people in Jallianwalla Bagh, the bodies
had been given back to their relatives but strangely our own Army
killed our own people and did not return the bodies to their
relatives. Thereafter, a reign of terror was let loose in this
area. Any Sikh youth who wore a yellow or blue turban or had a
kirpan was captured, humiliated and shot. I had given a memorandum
to Major General Jamwal, who was the Army Commander at that time
here. Those Army men are the same who had been served by the
Punjabis - specially by the village people - in the battle fields,
with lassi and paranthas which they carried on their heads."
We heard a frightening story from Gurmeet Singh of Khanna Chamara
village how Army Officers interfered in people's private lives: "A
Christian girl was getting married and there was a party in the
village. Being falsely informed that there were terrorist, the army
came in the village in three vans, surrounded the village and a
drunken Major entered the house of the bride with a few of his men,
he ordered all male guests to come out with hands up and the women
guests to dance. The ladies were made to dance all night under
threat, the men were blind-folded, vilely abused and taken to the
military camp and kept there for two nights, then were handed over
to the police. At the police station we were insulted, humiliated,
beaten, without any charge sheet, it was only after the Panchayat
come with the villagers to the police station and pleaded with the
authorites about our innocence that we were released." We were told
a similar story of interference by the police in Kalasangha - there
was a marriage in the village. The police took away the radio
operator who was installing the radio. He was released only after
the policeman were invited to the wedding feast.
SCORCHED EARTH POLICY
Sixty-year-old Boota Singh of village Pagthana Baardwala said, "my
son Ajit Singh (20) is untraceable since Army action in June: my
house has been raided 10 times during the last eight and half months
and my threee other sons and myself have been arrested 5 times,
taken to a CIA staff, kept there, tortured for one month, then
released again for a couple of weeks, then again taken, again
interrogated, again tortured then released again for a few days.
Time and again it is becuse of the intervention of the Panchayat we
are released; I was released only yesterday (May 5 we were there on
May 6, 1985). My son Pritam Singh is still in custody. We are much
harassed. We are never produced before a magistrate, but
continuously ordered to produce my missing son Ajit Singh.
TYPES OF HARASSMENT
We have not desire to live. About 100 Army men suddenly raid our
house in the night, pounce upon our sleeping sisters and ladies and
small children. We are not even allowed to harvest. Death is
better that this life." It was a cry of anguish. People are not
allowed to harvest, not allowed to cultivate in some areas, the
labor is driven away. We heard this in almost all the villages in
Dera Baba Nanak. Young Rajawant Kaur of Shahpur Guraiya was alone
in her house with two of her small nephews- her brother had gone to
Golden Temple and had not returned since June Army action. So her
old sick father. "who cannot even sit up" had been taken away at
least ten times since December, on May 4 at night my sister-in-law
where her one year old baby has been taken away. I do not know
where. For the last six months our crop is not allowed to be
harvested. The labourers were threatened and they have all left,
there is noone to look after the land or the cattle". Rajwant with
exemplary self-control kept her tears back. Only there were so many
Rajwant Kaurs. The threat is 'the land with crops will be set on
fire', the house will be destroyed', even relatives who had come to
help have been arested. There was Surinder Kaur (25), wife of a
rickshow puller who had come home to harvest his wheat but was
arerested. There was Mata Dato (70) whose son has not returned
since June 84 and the other son is taken to the Police station every
other day and beaten up. The demand is he must produce his brother.
There was Darshan Kaur (26) who herself was arrested along with her
husband Balbinder Singh, by paying Rs. 1000 to the police she had
got herself released but not her husband. "He has been so badly
tortured that he would be useless for any hard work," she said. Now
he is in Gurdaspur Jail under a fake charge of having thrown a
grenade."
The Sarpanch of Village Haruwal (PS Dera Baba Nanak) Sardar Sukhdev
Singh, along with several other Sarpanchs, from different villages,
had come the day we were in Dera Baba Nanak to get 20 persons
released from the Police Station "From my village 65-year-old Jagir
Singh and 50-year-old Jagjit Singh have been in unlawful police
custody for the last 4 days. They do not give food to the arrested
persons-we have to supply them food."
GOVERNMENT ACTIVELY COMMUNAL
Soon after the Operation Blue Star the Government inducted a number
of CRPF and BSF officers from outside Punjab to deal with
terrorists. The Sarpanch of Village Haruwal bitterly complained
that "the D.I.G., S.P., A.S.P., even the S.H.O. are all Hindus and
everyday they are arresting only Sikhs. Recently Inspector Kirpal
Singh of B.S.F. came on leave to my village and he was arrested.
When I went to the police station for his release, the S.H.O.
threatened to arrest me. It was only after badly insulting Kirpal
Singh that they released him. I feel so harassed, and have not
desire to live. Daily I have to go to the Police Station for the
release of innocent persons from 7 a.m. in the morning till late at
night; death is better than this sort of situations and constant
harassment." What this Sarpanch said in great anguish can be said
for all: "The military has proved to the Sikhs that it is not there
for their protection, but to kill them. In order to save themselves
from harassment some run away to Pakistan and they are declared
'terrorist' and 'extremist'. The families of those who have run
away, or have died are harassed. They are more like an Army of
occupation, than our own men who once used to live in our own
villages."
ARMY RULE IN PUNJAB
For months after the Operation Blue Star it was undeclared Army rule
in Punjab. That Civil Authorities had ceased to function will be
clear from the following instant. An accused with eyes tightly
bandaged was produced befor the Chief Judicial Magistrate, Shri
Cheema. The court ordered the bandage to be removed. His orders
were not obeyed, after the case the Court ordered that the accused
should be sent to jail and not returned to Army custody, at once a
Junior Commissioned Officer in the Army entered and clearly told the
Magistrate in Hindi which all heard "Goli khayega or remand dega" -
in the retiring room the order of the court sending the accused to
jail was torn up and replaced by a remand order.
Shri Cheema complained to the Sessions Judge and the District
Magistrate who brought the matter to the notice of the Brigadier.
The Brigadier expressed regret but it remaind there.
Corruption was rampant. "They would stop trucks on the roads, and
beat up the drivers and let them move on only after they had paid
handsomely," said Shri Balbir Singh of Chonoy village (P.S. Sri
Hargovindpur, Distt. Gurdaspur), a retired Army Captian. He too had
been arrested, "They told me I was an extremist." Even after his
release he was under house arrest: if you leave your home, you'll be
shot." For 8 months, he could not go to his land. Iqbal Singh, an
agriculturist of village Bhawri (P.S. Hargovindpur) said, "we have
proof that some military officer used to visit rich Sikh landlords
and were entertained lavishly by them. This happened in my own
village. The rich landlords, would get the poor people, who might
have stood up against them, arrested by the Army, and after they had
been beaten up and tortured, they would get realesed. Many poor
people have been harassed this way to keep them under control in
future. The landlords did this by bribing the military officers."
In Patiala, we heard how the Amy men had looted private homes after
the Dukh Nivaran Gurdwara had been attacked and hundreds of people
killed - many of them women, some blind beggars and several
children. A report, giving details of the loss of property had been
published in the Indian Express on June 13, 1984. On the night of
June 14th, the Army Commander come back to the Gurudwara, sent for
its Manager, Shri A.S. Gill and told him, "You are maligning my Army
men, you know you're only free because of my kindness." The manager
was made to sign a typed statement saying he had never sent any
statement accusing the Army of looting. A.S. Gill told this to us
himself, at Patiala. The manager was wise not to have argued with
the Commander. He could easily have been shot down and no enquiry
would have been held. The government Veterinary Doctor Satinder Pal
Singh was shot down in broad daylight near the bus stand in
Gurdaspur by two Army men, his brother a Government hight school
teacher Shri Kripal Singh sent telegrams to everyone from the
President and Prime Minester to the Deputy Commissioner about the
atrocity. First Major Grari and Lt. General Gouri Shankar denied
military involvment but when supplied proofs they sent a message to
the Distt. Magistrate admeitting their involvement. "Till today"
Shri Kirpal Singh said, "no action has been taken, no enquiry has
been made by the civil administration why a government officer was
shot down."
ROLE OF THE PANCHAYATS
Vilace Panchayats are much more active than important officers in
the government. The magnificent way they go to the Polcie Station
collecting with them as many villagers as they can, the moment they
heard a man had been arrested from the village, had saved many men
from being shot down and shown as 'encounter deaths'. They make it
known to the Police that they were witnesses to the arrest of the
man from his own house and not from outside the village where he
could have confronted the police with his revolver. We heard people
expressing their deep gratitude to their courageous Sarpanchas and
the members of the Panchayat; the entire village rising as one man
and marching to the police station has become a common sight these
days. Fifty-year-old Joginder Singh, a much harrassed father of
young Gurcharan Singh told us how "Panchayats of four villages went
to the police and got my son released on 30.1.85, my son who was
working as a mechanic in Rourkela factory in Orissa in the last two
years and had come home on leave in December 1984 was suddenly
arrested without a warrant and without a charge sheet on 10.1.85.
We sent him back to Rourkela on 16.1.85 three days after his release
but the police were after us, so much so that we had to leave our
home to save ourselves from harassment. The police wanted my son
back, I told them that I would give them proof that he had been
working in Orissa and returned to his job. This did not satify them
so ultimately I myself went to Orissa and fetched my son on 20.3.85.
All the Panchayat members of my village and a large number of
villagers took my son to the polcie station and the police kept him
there in spite of the precaution that the Panchayat had taken the
police showed that my son was an extremist and he was carrying a
revolver and was captured in an 'encounter' on 28.3.85. He is still
in Gurdaspur jail.
POLICE CORRUPTION AND FAKE 'ENCOUNTERS'
'Encounters are common and are concocted for various reasons, one
being extortion of money.
Deedar Singh (40) son of Subedar Acchar Singh, brother of ex Army
Havaldar Harjap Singh (56) comes from a family which gave its sons
to the Army since before India became independent, but without
warrant or any charge sheet he was dragged into the police jeep from
his tubewell in the evening ov 27.3.85. Early next morning Harjap
Singh with the Sarpanch and 50 men from his village went to CIA
Staff, Batala and found Deedar Singh badly tortured, they went again
on the 29th to see him and gave him tea and something to eat. On
the 30th morning they were suprised to read in the local newpaper
that Deedar Singh and Jitendra Singh Ghuman were caught in an
encounter at Bhuller Bridge near Batala with rifles and pistols on
March 29. Deedar Singh was arrested on March 27 from his home and
was inside the jail throughout but the encounter was shown on March
29! Harjap Singh rushed to the police station - "I paid Rs. 5000 to
SSP Pandey and Rs. 2000 to S.I. Anant Ram to stop him killing my
brother. He is alive and is still in jail."
Shri Bhogowalia told us how pr-emptive efforts saved another young
man's life. Gurmail Singh of Dhilwan was arrested from him home at
midnight by S.I. Joginder Singh of Kadian P.S. Sinsuj it was going
to be a fake encounter, the Sarpanch with 500 villagers gheraoed the
police station and Balwant Singh Udowalia an IAS Officer posted in
Assam sent telegrams to the SSP, DSP and met the D.C. and also
S.S.P. Pandey and made it clear that he would be a witness to prove
how the police have been killing people if Gurmail Singh is killed
in a false encounter.
ENCOUNTER DEATHS
But all young men are not as fortunate. There is the tragic case of
Hira Singh (21) of Kila Lal Singh village, P.S. Sadar Batala, Distt.
Gurdaspur- we visited his home and met his mother Jagir Kaur. It
was one of the most moving moments during our tour of Punjab;
remembering that the last wish of her son to meet her once was not
allowed and he was killed before she could see him, she burst into
uncontrollable tears. Jagir Kaur never had much happiness, her
husband Sulakhan Singh, an opium addict, used to beat her and there
used to be consant quarrels; Hira Singh used to resent this even
when small; his father had 4 acres of land which his neighbor Sohan
Singh, a landlord and son-in-law of Congress-I M.P. (ex) Teja Singh
Akapuri wanted to grab used to supply opium to Sulakhan Singh to
hasten his end. When Hira Singh came of age there was a fight
between the father and son in which Sulakhan Singh died and Hira
Singh was accused of murder under section 304 (IPC) but later was
aquitted; this was not liked by Sohan Singh and conniving with the
police he began to harass this boy daily - so much so Hira Singh had
to leave his village and seek shelter in the Golden Timple. During
his absence the polcie got him involved in a number of untraceable
crimes. Then came Operation Blue Star and on June 4 an old friend
of Hira Singh, on Panthjit Singh of village Goharpur came to the
Golden Temple only to be killed during the Army action. Seeing that
his freind had been killed, Hira Singh decided to change his own
name to Panthjit Singh so that in future as Panthjit Singh he would
escape police harassment. He believed that they would assume that
Hira Singh was one of those killed in the Army action. But things
did not work out that way. The army prepared a list of arrested men
before sending them to Gurdaspur jail and gave the list to the
police for informing relatives. Getting the information Panthjit
Singh's parents came to meet their son but found Hira Singh instead.
Things moved fast after that and the polcie took him to the CIA
staff Batala, tortured him there for two days when the SGPC
Secretary of the Local Unit, Batala, went to see him in the jail he
was near death.
HABEAS CORPUS
"Hearing of this on July,3, I applied for Habeas Corpus through
Gurdaspur Court apprehending that my son would be killed either in a
fake encounter or otherwise because Sohan Singh and Mohinder Singh
had gone and seen the police. For 3 days I went to Gurdaspur Jail
to meet him and failed, not knowing that my son had meanwhile been
whisked away to CIA Staff, Batala.
"But I did not know at that time, which I learnt later from a friend
with access to polce sources, that Hira Singh was going to be killed
on the same night of July 3.
"I also heard later that when asked about the last wish, my son said
- 'I want to meet my mother.'
"And so he was then brought at 2:30 a.m. to the village, but not to
meet me, but to be killed in a false encounter by the side of nearby
UPDC Canal. According to the postmortem report he as shot through
the brain and the abdomen. The police story as published in the
Punjab Keshari and Ajit of July 5, 1985, was that two extremist were
renning away on their cycles when the oplice chased them. One had a
pistol. One man escaped and the other who was killed was Hira
Singh.
"On July 5, the Military and Police did not permit any of my friends
and neighbours to come for the cremation in our village. Only my
second son (Dalbir Singh), my daughter (Daljit Kaur) and myself were
permitted. For two months my house was cordoned off by the police
and nobody was allowed to come. But the Military Polcie came from
Batala a month after the cremation and took my youger son Dalbir
aged 15-years , beating him severely all the way to the bank of the
same canal wher Hira Singh had been shot. In spit of the terror of
the polce and the military, some village ladies including my
daughter and sister presented themselves befor the military and
asked to be shot firs befor Dalbir was killed. Thus he was saved.
"Sohan Singh is still after Dalbir. He accuded him of keeping a
revolver, but the police had failed to find any. So no case has
been yet started.
"I am living in poverty because the land had already been morgaged
by my husban. Hira Singh was the only earning memver of the family,
and used to feed us by working as labourer on other people's land."
Today it is Hira Singh, tomorrow Dalbir, the day after another, this
accumulated suffering will not remain confined to individual hearts
but will grow into an all-consuming fire. The Army and the Police
while jointly indulging in this favorite passtime of torturing and
killing innocen people are actively fanning that flame to grow.
There was another encounter which was shown to have taken place at
Bani Lodhi in North Jaimal Singh Tehsid; it was alleged that two men
Suba Singh and Jaspal Singh were coming from Pakistan border - ther
was a fight and then the polcie shot them down. This case has
created a stir in Gurdaspur district because not merely it was so
utterly false but against a man who was highly respected. Suba
Singh's wife, has filed a case of murder aginst the Pathankot police
in October 1984 which is still pending though eith months have
passed. We visited the hom of Suba Singh in Talwandi village. P.S.
Deepa Nagar (District Gurdaspur) and met his wife who has not yet
recovered from the sudden shock of her hesband's murder.
Suba Singh (35) was a teacher in Government Primary School, highly
respected person, a good hockey player who had been selecte dfor
participating in the Punjab Stat Hockey competition. He and a
constable Mukhtiar Singh of Deena Nagar PS were friends and used to
visit each other; on 2.10.84 while returning from school, Suba Singh
dropped in at his friend's place. Pushing the door of his room,
open he found Jaspal Singh Gill - a very well known, hocky player of
Punjab and a friend of Suba Singh thrown in a corner of the room,
his mouth gagged all trussed up like a bundle. He saw some
constables also there who seemed to be suprised to seem him there.
Suba Singh quickly closed the door and meeting his freind Mukhtiar
Singh on the way home told him what he had seen. Reaching home he
described the incident to his wife and father. At about 6 p.m.
Mukhtiar Singh came, and told him that he had come to fetch him as
the SHO wanted to meet him. Suba Singh left with him and that was
the last the family would see him. Feeling worried, when he did not
return for a long time, his wife and son went to Deena Nagar to find
out from Mukhtiar Singh what had happened; there they found the
police jeep ready to leave from Deena Nagar, inside were a
half-conscious Suba Singh in Handcuffs, Jaspal Singh all tied up,
S.S.P. Pandy, Mukhtiar Singh and afew other constables; it took the
Pathankot road and disappeared. Next day on 3.10.84, finding out
that they had been tkaed to Pathankot, they went to the P.S.
Pathankot but were told there was no such person called Suba Singh
there. On 5th morning they read in a local newspaper that the
police had an encounter with Jaspal Singh Gill and another unknown
personin which both were killed. Rushing back to Gurdaspur they
found from the photograph of the 'unknown' person at Kalanaur P.S.
that is Suba Singh. The post-mortem report makes it clear that he
had been 'severely injured in his right hip and spine prior to his
death 'Suba Sing had no land and his family of 4 small childre, wife
and old father depended entirely on his small income. Who will look
after the family, now that he is dead. Suba Singh by inadvertently
opening the door or Mr. Singh's room happened to be the only person
who had seen Jaspal Singh Gill either having been already killed or
going to be killed by the police. So he had to be silenced, all
evidence had to be wiped out of arbitrary arrest, torture, killing.
Thus a fake encounter story was put before the Police of two
terrorist coming from Pakistan.
How the repressive policy is affecting the economy of the small
peasant
We often read about these deaths in encounter - extremist coming
from or going towards Pakistan border, roaming around in notorious
Gurudaspur - the terrorist prone district as it is called these
days- with rifles and revolvers. The police get rewarded for
committing these cold-blooded murders - for these are nothing but
murders. They get promoted for savage repression found only in
Fascist States (all in the name of curbing terrorism). We who read
these reports seldom relise the enormity of the tragedy that befalls
a rural family when it suddenly loses a young healthy worker in the
field or a lone bread-winner as in Suba Singh's case - apart from
the immeasuable desolation and helpless anquish the women suffer.
Case after case has come to our notice - we shall mention only one
more of such unjustifiable killing. Three innocen peasants of Mand
villase in P.S. Sri Hargovindpur were declared proclaimed offenders
(this being the first step befor killing in false encounters) and
then arrested fro the house and then killed by the police in false
encounter in S.S.P. Pandey's presence. We visited Mand village and
met Mahinder Kaur, the sorrowing wife of Pyare Singh one of the
peasants killed on September 23, 1984 along with his two freinds in
his own house, Mahinder Kaure looking on: "At about 2:30 p.m.
suddenly police came and went straight to the tubewell where my
husband Pyare Singh was working and told him to hand over the
revolver and some other weapons which he was supposed to have had.
Suddenly, I heard shots from inside our house rushing back, I found
that our tow guests Gurnam Singh (32) of Toriwal village and Mangal
Singh (36) of Mikey village had been shot dead. Soon after S.S.P.
Pandy arrived and asked my husband to produce the weapons, which of
course he could not. We are small farmers with a few acres of land,
We don't keep weapons. But my husband asked why our two guests had
been shot down. I heard the A.S.P. Joginder Singh whisper to his
constables that they should not have shot down those two men - 'they
were good people', but the Head Constable Jarnail Singh insisted
that my husband must be shot as he was refusing to produce the
wapons, and immediately they shot him. They dumped the three dead
bodies in their jeep and arrested our neighbours Dalip Singh,
Balbinder Singh, Amrik Singh and Dewan Singh and took them along
with the dead men to Batala Interrogation Centre. After 10 days of
torture and finding no wapon they released them but went on visiting
them forcing them to say that is was a case of accident. The
Panchayat and 20 persons from our village went to Batala to claim
the body of my husband but it was refused to thme and they were
threatened to be shot down if they insisted on getting it back. So
I never saw him agin and there was not postmortem report." We asked
"did younot go toe Court?" "No", she said, "there is none to hear."
In their wide world 'there is none to hear'- simple words said
without malice but with such frightening finality.
WOMEN: COURAGE IN THE FACE OF HUMILATION AND DEATH
"My world is lying in shambles all around me." J.P. had written
while languishing in the loneliness of his prison. We understood
the truth of these moving words when we met the women in the Punjab
villages. J.P.'s word was the whole of India which he had loved and
lived for , a woman's world is her home, her husband, her childre,
her land, her cattle and the golden corn. It is a small world which
she loves and lives for, and that world todya is lying in shambles
all around her. Lonely, overworked, harassed daily by the Army and
the police, sidhonoured, beaten up for not being able to produce the
men who have been missing - they came to meet us out in the open
regardless of the fear of the police, woman after woman told us what
they have been facing since the army action.
Fifty-year-old Swaran Kaur, wife of the ex-MLA Harbans Singh Ghuman
of Ghumankala village has her house raided 45 times by the army, BSF
and the police; every time they coem they destroy everyting
furniture, bartan, beads, they mix up different types of cereals
with rice; they have taken away her tractor and driven away her
servants. They come anytime, enter her bedroom, pull out sleeping
children, chutch her at her throat, make her stand in the sun for
hours - a high blood pressure patient nowithstanding - till she
faints. Of her four sons, two are in the Jodhpur Jail, one of them
the youngest, a student, had gone to the Golden Temple on the 3rd to
keep a vow in connection with some college test, the other had gone
there to spend a night till the shops reopened and he could buy
something (farmer implements, tools) for his farm. The 3rd son was
punced upon and literlly lifed up and taken to CIA staff, Batala
from the bus stand where, coming from the doctor, who was treating
his child for polio, he was waiting with his wife and the sick
child. He has undergone inhuman torture, and (how a fake encouter
had been arranged and how he was saved from being killed will be
found in the Annexure No. 6). Swaran Kaur's 4th son who we
interviewed has been living away from home because of police
harassment; the interview which is in the Annexure No. 3 speaks for
itself. This is not telling you about the boys - it is about their
suffering mother. Why are the young men - hundreds of them - find
citizens of Indial not being allowed to live in peace and contribute
to the progress of Punjab - is a very relevan question we should all
try to answer. They are neither terrorist, nor extremist - but
terrible torture inside the jail and the fear of torture if they are
caught increasing their indignation which will jsutify violent
action.
Gurfip Kaur who had come out o fth epolcie clutches only tow days
earlier has not met her husband Manohar Singh a young agriculturist
of village Harchowal since October'84, this is what she told us; "My
husband is an Amritdhari, so the polciea nd the Army have troubled
him alot. Terrorised by the polcie, he might have run away. I do
not know where, or he may have been killed by the police or by the
Army. I have no information about him. The police are troubling
me. For the first time on 26 November 84 the ASI of P.S. Sri
Hargovindpur pulled me out of my house and pushed me into his van.
They kept slapping my face and punched with their fist, they took me
to the police station. They abused me in th filthiest language
which I fell ashamed to repeat. There was no woman police there and
the policeman started interrogating me themselves. I was detained
at P.S. Sri Hargovindpur for five days, from Noverber 26 to December
1, 1984 and then at the Ghuman Police Chowki from 1st December to
6th December. I was let off only after giving Rs. 1800 to SHO Amar
Singh.
"Since then, I am taken to the police station and kept there for 10
days every onth. In all I have been detained seven times. Only
yesterday on May 3, I was kept in the P.S. for 12 hours and
dishonoured. When I was detained in police custody in November -
December 1984, they destroyed the little crop that we had grown.
The Bhayas I had employed, were beaten and driven away!"
Gurdip Kaur's relatives who came to help her were rounded up; her
old father, sister-in-law and her hasband, her brother, and ever her
brother's old mother-in-law were all dragged to the thana, and
tortured. It was only after they could collect Rs. 3000 and give it
to Amar Singh, SHO, of Sri Hargovindpur, they were released.
"Even now the women fold among my relatives are often taken to the
police station and slapped, pushed around and abused. The SHO
himself does the interrogation. There are no women police. It is
extremely fainfuld for us that the policement themselves should
question us. The police lawlessness that prevails here must be
bought under check."
Gurcharam Kaur (40) of village Damodar, Vice President of Istri
Akali Dal Distric Committee (Fatehgarh Churian) said, "I have not
veen able to till my 5 acre farm as I have been harassed by the
minion ow Santokh Singh Randhawa, till the other day Punjab-Congress
I President. As soon as the land is ploughed and seed sown, these
gangsters come and destroy everything. We have complained to the
police, and even brived them but to no avail. During the Army
action, I was arrested on the grounds that I had failed in my duty
to inform the authorities about the huge catch of sophisticated arms
and ammuniations stored in the complex, because I was a frequent
visitor to the Guru Nanak Niwas."
There was young Satwant Kaur, wife of Ranjit Singh again from
Harchowal village, and agriculturst. She said, "My husband and I
are both Amritdharis; my husband was arrested and tortured, he must
have been killed which may be why I have not seen him since his
arrest. I myself was arrested on November 26 by the SHO of Sri
Hargovindpur, badly beadtenup and abused and kept for five days in
the thana and then sent to Ghuman Chowk, where the SSHO himself
conducted the enquireies. I was released since I was innocent and
nothing was found agains me. The the SHO takes me to the thana
every month and detains me there for five - ten days and I am
dishonoured. Only God knows what they do to me there. My tractor
was taken away and kep at the polcie station from June 84 till
December 84, my brothers had to pay Rs. 4000to Amar Singh, the SHO
of Sri Hargovindpur to ge t my tractor released.
The only request of this poor woman is that "the dishonour to which
I am constantly subject to must be fortwith stopped and the SHO Amar
Singh transferred."
The list is endless - so is misery and so is fortitude and
magnificent pride - excepting once or twice when the memory hurts
beyond human endurance - there were no tears! Tears will fall only
in the enveloping solitude were none can see. There are the women
of Punjab.
ATROCITIES ON CHILDREN
A 12-year-old boy, Kalu, son of Harbans Singh of Village Agwan (P.S.
Dera Baba Nanak) had been taken away at night to the dreded
Interrogation Centre at Amritsar four days earlier. 'None knew what
had happened to him,' his uncle Darshan Singh told us. In Kala
Nangal, two boys had become mental wrecks after having been in
Military custody.
The story of the children is the story of our shame. So gross and
insensitive the polical parties have become that not one of the 11
members of Parliament representing 10 political parties visiting
Amritsar on Augus 1, 1984 felt like taking any action, when they
were informed that 25 childred between 4 and 12 had been detained in
the Ludhiana jail under section 107/262 having been rounded up from
tahe Golden Templ in the early July. It was Smt. Kamal Devi
Chattopadhyaya - old and very sick - who moved in the matter and
discouvered the shocking fact xome of the detained children were
blind and there were in the jail several women and old men obviously
they had been found too dangerous by the Army to be allowed to
remain outside. She moved the Suprem Court with a writ petition and
takin "serious not of the state of affairs obtaining in Punjab the
Supreme Court ordered the authoritite to release "all children kept
under detention in various jails and children's homes in the Stat of
Punjab" immediatley. The orders however were not carried out -
minors continued to remain in jails and being questionsed the jail
Superintendent, Patiala, admitted that there were many children
still inside his jail also. The story of ghastly torture of young
boys as well as of other arrested people ahs veen relealed full by
Justice P.S. Cheema, Vigilance Judge, Sessions Division, Patiala,
during hsi visit to Ladha Kothi (Sangrur Distt.) jail. This can be
seen in the Annexure No. 1. Since violations of the rule of law is
now the rule and the Armed Forces (Punjav and Chandigarh) Special
Powers Act has made the Army supreme, Major Das picked up six
children who were taking their examination in the Jaffarwal village
School in Septemver. They were taken to the Military Camp at Tibri
and tortured ther. He cam back to the village again and raided
houses of 5 other boys - 3 of them were arrested and tortured for 7
days. Ther was no FIR, no charge sheet, the only proof that the
army had taken them and tortured them was the signs of the torture
themselves; young Charan Singh who was a fine runner with ambiton to
represent his school in Punjab's Running Competition has become
lame, he said, "I told them break my arm but don't twist my leg,
they di not listen."
TORTURE
From the Annexures it will be seen how the Army tortured people only
because they were relgious Sikhs; 65-year-old Swaran Singh, was the
Sarpanch of Jaffarwal village; young Puran Singh, a technician of
Gurdaspur. a highly respect farmer young Amrik Singh of Aulakh
village and som many others had to undergo the most sadistic, cruel
and bestial torture - we had interviewed them and felt completely
satisfied about their innocenc.
We shll mention only young Puran Singh's case who wha tortured so
inhumanly bot by the Army and the Polcie that it ought to be taken
up by the Amnesty International.
Puran Singh became and Amritdhari in 1977 and had no interest
whasoever in politics, but little did he know that because his
motha, a Panchayat member did not help a Cong-I man to be elected as
Sarpanch and who eventually got electe, it would make him suffer
such inhuman torture.
"Being told that I wa busy with my prayer, they took my youger
brother and made it clear that he would get released only after I
presented myself at the polcie station. Next morning I went to P.S.
Dhariwal from wehre I was taken to P.S. Gurdaspur wher I was kept
for 6-7days and tortured. I was made to lie on my face. A thick
log was placed from above on the back of my thighs and the legs were
pressed upwards. It caused alot of mascular pain. Sometimes, I
would be forced to stand for long hours with knees bent to the
estreme and hands raised upwards, till I felt exhaused and became
unconscious. When I cam to, they woudl give me a litte water and
agian continue this torture till I fell unconscious. The thrid
method was to make me sit on the ground , my hands tied at my back,
one person would stand behind me with his knees to my back so that
would be firmly fixed to the grould and then two other would strech
my legs apart to the very maximum. The pain at the groin wa
excruciating. Sometimes they would beat the soles of my feet with
sticks. While torturing me they would repeatedly ask, "What is
your relationship with Jarnail Singh Bhindrawale?". What is you
relationship with the Federation (AISSF)? and how many times have
you crossed the border?"
"There was no record of my detention. After a week or so, I wa
sreleased. I was agin arrested in July at night and taken to P.S.
Dhariwal and nercilessly beaten with leather straps. They made me
stand with hands ties and raised high while tow persons would pull
my legs apart, until I fell unconscious. This time also there was
no charge and no record was kept. I was released after 4-5 days.
"I was agian take to P.S. Dhariwal in August and interrogated about
people who had absconded, some of who I know. I was again tortured
by the same methodes but with a little less intensity and was
released after five days.
"My agony was not over. On September 10, 1984, as I was coming home
from duty I was taken at 11 p.m. at Kanuan (Electricity Substation)
and this time by the Army. My eyes were blindfolded and my hands
were ties behind my back. I was put inside a military vehicle and
vulgar and abusive words were showered at me. The asked, "How many
Hindus have you killed", "In how many actions have you been
active?"
"I was taken to an unknown destination and there I was hit on my
chest and abdomen, not allowed to sleep. I would be kicked whenever
I would fall asleep. On September 16, 1894 the army handed me over
to the Dhariwal police where I remained till 7th Octover when I was
produced before the magistrate with a charge-sheet that I was
shouting slogan of "Khalistan Zindabad u/s 124 A. I was given
police remand upto 25th October. On 19th October I was shifted to
Ladha Kothi in Sangrur Distt. One of the worst torture chambers. I
was again produced befor ethe Migistrate on 26th October, when the
remand was extended up 1st November.
"In 'Ladha Kothi' I would hear cries. The same question would be
ased of us again and again and we would be told to say something.
Not knowing what to say, we would be confused adn then we would be
tortured separately. A rod would be pressed behind one's neck and
hands tied high up and then the body would be bent. Another method
applied was a log atied behinds one's back and passe betwen the arms
and hinds ties up and then the legs being stretched to the maximum
till one became unconscious. One day I was hung from the ceiling,
my legs dangling in the air.
"I was sent to Gurdaspur Jail on November 1st and was ther upto
December 7th when I was release on bail. I was acquitted in
Februrary 1985 as no evidence could be produced by the prosecution.
I was suspended from service in September 1984 when I was picked up
by the Army but I have been reinstated on 24th March 1985."
IMAGE OF THE ARMY
One of the painful things which we have to reprot is that today in
Punjabs rural area which have given their sons to the Indian Ary
wiht such pride and love - the image of that Army lies shattered.
The inhuman atrocities they have committed on innocent people - sho
down little boys because they had black turbans, denied dirinking
water when prisoners were dying of thirs in the June heat so that
they were ready to drink their own urine- the communal overtone in
the brutal treatment that have administered to the Amritdaris, the
way the have looted valuable and made money and of course their
wanton destruction of the Golden Tmeple and shooting down of the
common pilgims insid the various Gurdwaras of Punjav have earned
them the man of an 'Occupation ARmy' in the countyside of Punjab,
and this name is going to stick.
Yet, to be fair the ARmy is only carrying out orders. If they have
tortured pople in their various Camps, they had the green signal
from the Central Government. Indial is the only county which di not
gisn the new UN convention against torture and other cruel, inhuman
or degrading treatment as punishmenb. The relers who say that they
belive in democracy, secualrism, freedom of worship, social justic
and human rights have themselvel enacted black laws and have let
loose unbashed State terroism which has been unleashed specially on
the Sikhs - because they are Sikhs.
The glaring discrimination show at the Navel Center against the
Apprentice Rajinder Singh (20) son of Mohinder Singh of village
Ladha Kunda at Jamnagar Navy Trainig Centre ought to be taken not of
by authorties in the Naval Headquarters. The unceremonious way he
was discharged, the colsing down of the Gurdware preventing him for
takin part in the Guru Nanak's birthday festival show how communal
our entire set up in our defence forces. It is a dangerours prtent
and one must beware of it (see Appendix No. 1).
During the Curfew in June according to Advoacate Bhagowaila the
Hindus were allowed to go out but not the Sikhs, and the encounters
it is alway the Sikh youth who is killed, because either he is a
smuggler or a terrorist - obviously ther is no Hindu smuggler in
Punjab these days nor one Hindu who belives in violence.
POLICE TERROR
In the past 2 years the enactment of new laws in quick succession:
(i) the Punjab Disturbed Area Ace, the Chandigarh Disturbed Areas
Act, (ii) Ther ARmed Forces (Punjab and Chandigarh) Special Powers
Act, (iii) The code of Criminal Procedure (Punjab Amendment Act)/
(iv) The Terrorsit Affected AReas (Special Courts) Act - besides the
National Security Act (2nd Amendment) - each remaining one of the
South Africa's repressive laws - was meant to bring Punjab to her
knees, not merly 'to subdue' her but 'to vanquish' her a word much
used by Mrs. Ghandi during Emergency while referring to the
Opposition leader who were accused of attempting to disintegrate the
country as the Akali Sikhs are alleged to be doing today.
The police who in any case are not known for their adherence to law
- have now become immeasurably mor e arbitrary, more cruel because
of the the sanction provided by the black laws. The have devised a
disting pattern of behaviour: (i) repeated arrests, (ii)repeated
raids on a particular household, (iii) repeated torture of one
particular person, (iv) repeated harrassment of relative, (v)
terrorising of wmen and children often molestation of wmen, (vi)
demanding of hugh sums of money for agreein to release innocen
people, (vii) planting of arms to show encouters and then killing
young men, (viii) active participation with Cong-I leaders, (ix)
preventing the crops being harvested.
Mahinder Kaur (50), the widowed mother of Mukhvinder Singh (24-25)
of village Barriar, P.S. Distt. Gurdaspur, said her son nver
returned home after the Army action - she does not know if he is
dead or laive, but the police have raided her house countless times,
often twice a week. The crops have not been allowed to be
harvested. So acute is harassment by all the Security forces - the
police, Army and the CRP - that "We had to leave our house, it
remained locked between July-December 1984". Their economic
condition is pitiable. Balkar Singh (45) of village Khujala P.S.
Sri Hargovindpur, surrendered himself to the police in October - an
agariculturis owning 8-9 acres of land, for 20 day he was tortued in
P.S. Qadin and continously interrogated on wheter he was associated
with 'extremists', whether he had suppled them arms etc. After 20
days he was released to be agin arrested after one month and agian
illegally detained without any record of arrest, any charge sheet
and withour production befor eht Court of Magistrate. For 10 days
he was again tortured and interrogated ant then released. Once
again he was arrested on 27th April 1985. Again there was no FIR,
no charge sheeet but the case of rifle - snatching by two extremist
from the Home Guards near village Panchgarina P.S. Qadin was hoisted
on him and another your man Kulwant Singh who was working on his
farm withe the thresher when he was taken away, and for 40 hours
nobody knew what had happened to them. They were continuously
tortured and interrogated and not allowed any food or water durein
this time. >On May 4, a day previous to our meeting Balkar Singh
they were released. His rice crop has been destroyed, he has six
children and the economic hardship he is facing is consierable.
In Khajera village at least in 10 families arrest have been made - 6
men are still in jail but withou FIR or production befor the Court.
"For every I member of a family missing or detaind members of 20
other families would be harassed and troubled in ever conceivble way
and their crops would be destroyed", said Sukhdev Singh, a villager.
He addes "repression is counter -productive, repression of on
Amritdhar - does not reduce their number, rather fresh fecruits have
multiplied".
"When the attack take place
Then the sprit is kindled."
For the release of Amarjit Kaur, wife of Joginder Singh, a graduate
and an Amritdhari Granthi of Darbar Sahib of Village Manepur, P.S.
Kalanaur, - missing since the Army Action - Amarjit Kaur's father
has pain Rs 1400 on one occasion. She has been taked to the P.S.
four times and illegally detained for time -ten days each time .
Everytime the police want money. Now they are harassing Joginder
Singh's sister's husbands - Prem Singh of village Ahawan P.S.
Kalanaur; Bibi Bir Kaur, mother of AMarjit Kaur said - "this
harrassment must stop." Even the fodder for the cattle is
destroyed.
Family afer family has to pay never less tha Rs. 1000 to keep the
arrest a by. "But how many of us can pay so much mony all the
time?" They said.
From one family - in Qadian village 21 people were arrested and
interrogated together at Amritsar. They were being harrassed for no
producting Ajit Singh, son of Hardial Sing - he was arrested,
tortured, then released, then again aressted again tortured, again
released- this has gone on at least 10 time since May 1984 when Ajit
Singh had left home saying he was going to drive trucks. There was
no news of him - when in July '84 the polcie came and demanded that
he must be produced. 'The story of the police was that he had
crossed over to Pakistan and we know his whereabouts' said Ajit
Singh's mother - "We are a poor family having only 2 acres of land
and we have 10 children, we work for big lanlors as share-croppers,
my husband has been so badly tortured that he cannot work."
During out stay we read in the newspaperst that Ajit Singh who was
actually driving a truck in Gwalior had been arrested. One realises
the enormity of oppression that has been goin on mere suspicion -
and without any check.
KEEP UP THE SPIRIT
In spite of the prevailin sadness and tenseness the spirit of the
people is being kept up throuh songs and poems. Even though Guru
Nanak's songs are forbidden as Tagore's had been during the
emergency. The irrepressible Surinder Singh Ragi (Patna Sahib
walla). the head ragi ofDarbar Sahib with a golden voice said, "I
speak out through the songs of Guru Nanak". He was under house
arrest from June 10 - June 18 and then kept inside the Golden Temple
for two and half months. "We were ordered to singh Gurbani in order
to tell the world that all was well and everthing was normal. On
Augus 4 the Government warned him that he must not sing Guru Nanak's
Shabad. "I did nto stop singing it only reduce the number of lines.
There is a warrant against me under section 124-A Sedition, but
Government has not arrested me yet though it has banned my songs."
The allegory which is clear to a Punjabi speaking person cannot be
brought out English translation - so we are giving both the original
as well at the English rendering of a couple of stanzas of the
songs of th Ragi:
SHABAD
Kutta Raj Behaliye Phir Chakki Chatte
Sappey Dudh Pilaiye Mukh Thi Satte
Pathar Paani Rakhiye Man Hatth na Chatte
Chooa Chandan parhare khar kheh Palatte
Teaun Mindak par Nindeaun Hatth Mool no Hatte
Aspan Haathi Aapn Jarh Aap as Patte
MEANING
A dog even if crowned would per his habit still lick the flour mill.
A snake, even if fed with milk, would still spout venom
A stone kept immersed in water would still have a dry inner portion.
A donkey, even if smeared with 'chandan' would still roll in dust.
Whatever happens, a backbiter would not change his/her habits
(Accordingly, a backbiter would uproot and destroy oneself).
SHABAD
Kal Kaati Raaje Kasai
Dharam Paankh kar Oodoreya
Koorh Amavas sach Chandrama
Deesay Naahi Kay Chharhaya
MEANING
The time wat the sword, the king were butchers
The righteousness had taken wings and flown away
There was darkness of untruth all around th Moon of Truth was
enveloped.
There was a time when the National All India Congress had rushed a
fact-finding committee headed by Jawaharlal Nehru to Nabha, where
hundreds of Akalis protesting the arbitary taking over the Sikh
State of Nabha by the Britis Administrator had been thrown into jail
and tortured. Later when the Sikhs sent a thousand strong jatha
many of them were killed and several of them wounded. Gidiwani, a
member of the team was also arrested with the Akalis and inside
kept the Nabha Jail till he was on the verge of death. There was
wide appreciation of Sikhs for their spirit of sacrifice, religoius
fervour and passionate love for theri faith. Gandhiji had sent a
telegram congratulatin them after they won the Battle of the Key to
the Golden Temple's Toshakhana.
Things began to change- attitude hardened after independence of
India but today in 1985, 1923 looms to dim that almost it almost
feel like other times in other climes.
Yet there are the same people , the same patriotic citizens of India
who today as in those days would, with out complaint, while being
tortured die reciting the man of their Gurus. These are those who
were killed in Jallianwall Bagh - 799 of them compared to 501
non-Sikhs.
What has been lost sight of is that to a Sikh, be he a religous on
atheist or an agnostic - a Curdwara is not just a building of mortar
and cement, of marble and stone, it stand for his living Guru who
sustains him in his hours of trial. By desecrating that place of
worship which could have been avoided that symbo of strength and
solace has been desecrated.
WHAT KIND OF KHALISTAN
While comingto the end of this section we should like to observe
that though we never four a Sikh who was commuanl, that old
spontaneous trust in a Hindu as brother is gond, for his heart is
broken and ti will take long for the wound to heal. and the methods
the ruling party has adopted willnot heal it. Even toda, no one we
met wanted Khalistan as an independent sprarate State liek Pakistan
or Banglades - not ever Harbhajan Kaur Khalsa, the Militant
Secretary of Istri Akali Dal in Jalandhar. She had been arrested
and taken to the Special Court because at t ammeting addressed by
Bibi Rajinder Kaur on Sepoterber 11, 1984 she had lifted her had in
approval to the question if they wished to have a place were
thecould breathe freely. Harbhajan Kaur was out on bailand when
asked if she wanted Khalistan, she said "Khalistan is not outside
India, but it is a place which Sikhs can call 'Apna Ghar' with more
automony. We are against 'be-insaf' if we defend our temples, we
are 'Atankwadi' and arrested and tortured, if Delhi people killed
thousands of Sikhs - they are still free. I was declared and
extremist - he or sho who speaks truth and is fearless is an
extremist.
"All oru martyrs - Bhagat Singh, Sukhde Rajguru ane then extemist.
They loved our countyr and died for our land. Thus Khalsitan is a
place within India where we Sikhs can live without being humiliated
wigh dignity without being killed." When asked about Khalistan, Sri
Kripan Singh quoted a small Urdu poem in arswer:
You say we should leave the garden?
What a joke you are making!
We have shed our blood
For its each and every blossom."
(Chaman Ko Chhod Den?
Yeh Dillagi Bhi Khoob Rahi!
Hamara Khoon Baha Hai,
Kali Kali Ke Liye.)
PART II
'OPERATION BLUESTAR': The untold story
1. EYE WITNESS ACCOUNTS OF THE ARMY ACTION
"Peration Bluestar" and "Ghallughara". Two different terms for the
same episode - the Army action on the Golden Temply in June 1984.
Two different meanings give to the same unprecedented event.
"Operation Bluestar" in the Government's term, connoting a necessary
millitary operation to flush out terrorists and recover arms from
the Golden Temple, the implication being that it was an unavoidable
cleansing act of purification. Whereas "Ghallughara" is how the
Sikhs of Punjab remember the episode, connoting aggression,
mass-massacre and religious persecution. The unmistakeable
alllusion is to the killing in Punjab of tens of thousands of Sikhs
by the Afgan raider, Ahmed Shah Abdali in 1762, after which the word
"Ghallughara" was coined to become an integral part of the Punjabi
folklore.
The contrast between "Operation Bluestar" and "Ghallughara" as two
different perceptions of the same reality is symptomatic of the wide
gap between the official version and the people's recollections of
what really happened at the Golden Temple when the army attacked it
in June 1984. Listening to the gripping eye-witness accounts of
those who were inside Golden Temple at that time, we felt the need
to tell the truth, the as-yet untold story and in the process to
correct the Government's version as put out by the Army, the Press,
the Radio, the T.V. and the White Paper.
WHO WERE THE EYE-WITNESSES TO THE GOLDEN TEMPLE EPISODE?
1. Devinder Singh Duggal - Incharge of the Sikh Reference Library
located inside the Golden Temple complex, Duggal is an acknowledged
authority on Sikh history. He used to reside in a house adjacent to
the Sikh Reference Library, was present there between May 28 and
June 6, 1984 and hence (in his own words) "an eye-witness to some of
the atrociities committed by the Army during its attack on the
Golden Temple". About fiftyish, Duggal now lives with his
lecturer-wife in Jallandhar, where we interviewd him. His eyes
become moist and his voice quivered as he described the assault on
the Golden Temple.
2. Bhan Singh - Secretary of the S.G.P.C., short, slim, in his mid
fifties, Bhan Singh is a man of few words. He was present in the
Golden Temple Complex during the Army attack and was arrested at
dawn on June 6 along with Longowal and Tohra from the Guru Nanak
Nivas which now houses the SGPC Office, where we met and talked to
him. His account begins from June 3, 1984.
3. Giani Puran Singh - one of the priests at Harmandir Sahib.
4. Girl Student - Grand-daughter of SGPC member, she preferred to
remain anonymous. Aged about 20 years, she goes to college at
Amritsar. She went to the Golden Temple on May 29, 1984, with her
grand-parents and an aunt, to fulfill a vow, and was there upto June
6. We met her in Amritsar in the house of a widowed victim of the
November 1984 Delhi violence.
5. A.I.S.S.F. Member - about 25-years old, he would not give his
name, son of a police officer, he was visiting the Golden Temple in
June 1984 for the Guru Purb and was there from June 1. He was
arrested by the Army on June 6 but released in October. He was
rearrested soon after and had been again released a little before we
met him. Remarkable calm and soft spoken, he said that there were
about 100 fighters with Bhindranwale inside the Temple Complex and
less the 100 arms, mostly, 303 guns of the II World War. Extremely
handsome, he is a member of the All India Sikh Students Federation.
6. Prithipal Singh - A young (24 years) Sevadar at the Akal Rest
House, inside the Guru Ram Das Serai, Golden Temple complex, where
mostly distinguished guests stayed. He was on duty throughout the
period of the Army Operation. He narrated how he had a hair-breadth
escape, even after being lined up before the firing squad on June 6,
after he had been arrested, stripped naked and his hands had been
tied behind his back with his turban. He showed us the
bullet-ridden walls of the Akal Rest House, where we spoke to him.
7. Joginder Singh - and empoyee of the S.G.P.C. whom we met at the
Golden Temple.
8. Surinder Singh Ragi "Patnasahib Wala" - Head Ragi (singer) at
the Harmandir Sahib, we met the young man (about 35 years) outside
the Information Office of the Golden Temple, He was in the Kesari
(Sochre) roles of a priest. He was on duty at he Harmandir Sahib
during the Army action. He is an extremely popular singer of
'Shabads' from the Gurbani and his tapes are in great demand. He
spoke to us with great conviction. "The Guru taught us to resist
atyachar (represssion), not to do atyachar".
9. Baldev Kaur - an Amritdhari woman in her mid-thirties, she had
come to the Golden Temple on June 2, 1984 for the Guru Parb with her
husband (Puran Singh who is now in Kapurthala Jail) and three
children from her village Khanowal in Kapurthala district. She was
so calm and fearless when she described her tribulations. She is
facing severe economic hardships, cultivating only two acres of
land, having no regular source of income since her husband's arrest
more that 9 months back.
10. Harchan Singh Ragi - one of the Hazuri Ragis who sings at the
Harmandir Sahib, he is in his late fifties. With serene eyes and
flowing white beard, he has an endearing touch. He was on duty at
the Harmandir Sahib singing 'kirtans' when the Army shelled it very
early morning on June 4. Born into a Hindu Brahmin family, he was
orphaned at the time of partiition and then adopted and brought up
by Amrik Singh, the blind Head Ragi of the Golden Temple who was
killed inside the Harmandir Sahib on the morning of June 5. We met
him at the Information Office of the Golden Temple, and he lives
just above it. Raminderpal Singh - an innocent boy - one of his
sons, is detained at Jodhpur Jail as a 'terrorist'.
Some of the details of the life in Amritsar at the time of the Army
action, were provided to us by the relatives of a few of those who
were captured from the Golden Temple after the army operation, as
'terrorists' accused of 'waging war against the State' and who are
now being tried under the Special Courts (Terrorists) Act at Jodhpur
Jail. It is the Jodhpur detenues who are eye-witnesses to the Army
operations in Amritsar in June 1984, not the relatives we met. But
some of their evidence was passed on to their relatives in the
course of brief meetings in jail from time to time. We met the
relatives of:
(a) Kanwaljit Singh - A 20-year-old student of Khalsa College
(evening) Delhi, whose father (Satnam Singh) runs a provision store
at Lawrence Road, Delhi. Kanwaljit Singh visted the Temple with his
friend on June 2, wanted to return to Delhi the same afernoon, but
found that the last train had left Amritsar. And so he was forced
to stay at the Guru Ram Das Serai inside the Golden Temple Complex.
After Army action, he was arrested by the Army from the Serai and
later chargsheeted with 378 others as 'terrorist' and detained under
the N.S.A. We spoke to his younger brother, Inder Mohan Singh, at
Delhi.
(b) Jasbir Singh and Randhir Singh - Two brothers who went to Golden
Temple, separtely, on June 3 to pay their respects. As Jasbir Singh
was coming out after fulfilling his vow on June 3 at about 1:30 p.m.
on the side of the Chowk Ghanta Ghar, he was detained along with
other youths by the C.R.P. The C.R.P. made them take off their
shirts, tied their hands behind them and made them sit on the hot
road outside the Information Office. Randhir Singh was staying in a
room in Guru Ram Das Serai, belonging to their uncle (a member of
the SGPC) from where he was arrested on June 5. Randhir was injured
by bullets on his leg. We spoke to their father, Harbans Singh
Ghumman, about 55 years a farmer and former MLA belonging to village
Ghummankala, district Gurdaspur.
Piecing together the evidence of various eye-witness and also
second-hand sources, such as Kirpal Singh, President of the Khalsa
Dewan, Amritsar and S.S. Bhagowailia, advocate at Gurdaspur and
Vice-president for the Association for Protection of Democratic
Rights (Punjab), the following picture emerges as to what happened
at Golden Temple from June 1, 1984. It is really amazing how,
except for some nimor details, the accounts of different persons
interviewed seprateely tally so closely with regard to the date, the
time and the description of incident Jun 1, 1984. The AISSF,
Member, Duggal, the girl student, Sevadar Prithipal Singh and Baldev
Kaur all said the the Golden Temple was fired at by security forces
from the outside for the first time on June 1 itself, not June 5 as
claimed by the White Paper.
According to the AISSF member, "At 14.40 in the afternoon of June 1,
suddenly the CRP without provocation started firing, aiming at the
people inside the Parikrams. There was no firing, from inside the
Golden Temple. The firing by the C.R.P. was on the Harmandir Sahib
and the Manjih Sahib. The firing continued till about 8 p.m."
Sevadar Prithipal Singh added that the shooting which started from
outside, was not preceded by any warning.
Devinder Singh Duggal's account is extremely detailed and lucid.
"By the end of May, it was widely known that the Army is going to
attack the Golden Temple, and on that account there was tremendous
tension in the entire city and its surrounding areas. The worst
fears of the people came to the surface when on 1st June, the
security forces which had beseiged the Golden Temple for months
together and had made strong fortifications on the multi-storey
buildings all around it, suddenly started firing inside the Golden
Temple. The firing started at 12.30 p.m. and continued for a full 7
hours. What was worse was that Harmandir Sahib was made the main
target of this firing. I took shelter along with my staff behind
the steel almirahs of the Library, one of the bullets pierced
through three almirahs and landed on the fourth and we had a narrow
escape."
Duggal continues - "Not a single shot was fired from inside the
complex. When I asked some of the boys as to why they did not
answer the firing, they replied that they were under strict orders
of the Sant (Bhindranwale) not to fire a single shot unless and
untill the security forces or the Army entered the holy Golden
Temple. In the evening, when I heard in the news bulletin that
there was unprovoked firing from inside the Temple, but that the
security forces showed extreme restrain and did not fire a single
shot, I was surprised at this naked lie. The very fact that as many
as eight persons, including a woman and a child had been killed
inside the Golden Temple complex and there were as many as 34 big
bullet wounds on all sides of the Harmandir Sahib completely belied
the Government's version. I asked Bhan Singh, Secretary, S.G.P.C.,
to do something to refute this falsehood. He said that nothing
could be done because all links with outside world had been
snapped."
According to the girl student, curfew was clamped soon after the
firing started. She confirmed the killings - "Authorities had said
none had died, but I dressed the wounds of 3 men who died later in
front me in Guru Nanak Nivas." That the curfew was lifted soon
after the firing stopped is indicated by the AISSF member, who said,
"after the firing stopped. at about 8.30 p.m., a group of people
(Jatha) courted arrest."
There is no doubt then that security forses (C.R.P.) fired on the
Harmander Sahib on June 1 itself and the news over the A.I.R. that
there was unprovoked firing from inside was a blatant lie. However,
most official versions maintain a meaningful silence about the
happenings of June 1. For them, as for example, with the
Government's White Paper, the story begins on June 2 with the
Government of India deciding to call in the Army in aid of civil
authority in Punjab, with the object of "checking and controlling
extermist, terrorist and communal vioulence in Punjab, providing
security to the people and restore normalcy." How much security the
Army succeeded in providing to the people and how much normalcy,
they were able to restore, is however, another matter.
June 2, 1984 - Duggal was relieved when "fortunately, on 2nd June a
team of five reporters includidng Mark Tully of B.B.C. came there
(Golden Temple) and shown 34 big wounds caused by the bullets on all
sides of the Harmandir Sahib some of them as big as almost 3" in
diameter."
"The 2nd June passed off peacefully," according to Duggal, because
there was no firing and no curfew. while Baldev Kaur said it was
'quiet'. A large number of Sikhs came to the Golden Temple from the
surrounding areas along with their families as the next day, June 3,
was Guru Parb or the martyrdom day of Shri Guru Arjan Dev, the fifth
holy Guru of the Sikhs.
The peace and quiet was only on the surface, because active
preparations were afoot to break the peace. Kanwaljit Singh and his
friend Manjit Singh from Delhi visited Golden Temple on the morning
of June 2 and found there there was no restriction for pilgrims to
enter Amritsar or even the Temple. But the exit doors out ot
Armitsar were being closed. After visiting the Temple, when
Kanwaijit went at noon to the Amritsar Railway Station to catch a
train for Delhi, they were told that the last train had already left
and that the Flying Mail in the evening would not be leaving. In
fact they were told all outgoing trains had been cancelled. So
Kanwaljit and Manjit were forced to return to the Golden Temple and
put up in the Guru Ram Das Serai for the night. Thus was Kanwaljit
to miss his interveiw at Delhi with the Institude of Bank Management
on June 3 morning and his examination with the State Bank of India
the same afternoon.
The AISSF young man said that the C.R.P., outside the Golden Temple
was replaced by Army on the night of June 2. Although there was no
formal curfew, and all visitors entering the Temple were allowed to
come in without any ado, all those who left the Golden Temple on the
night of June 2 were being taken into custody. "I did not therefore
leave the Golden Temple complex", said th e A.I.S.S.F. member, "Guru
Parb was on June 3. About 10,000 people had come from outside
including many women and 4000 of them were young people. Those who
were inside were not allowd to go out after 10 p.m. on June 3. The
Jathas which had come mainly from Sangrur were not allowed to court
arrest."
Bhan Singh confirms: "June 3 being Guru Parb, thousands of pilgrims
had come. But suddenly there was a curfew, so the pilgrims and the
1300 Akali workers came to participate in the Dharam Yudh Morcha and
to court arrest, could not leave. The Akali Jathas consisted of
about 200 ladies, 18 children and about 1100 men and all of them
along with the thousands of pilgrims were forced to stay back inside
the Temple complex. Most were living in Guru Ram Das Serai, some at
Teja Singh Samundri Hall."
The girl student remembers, "On June 3, at 6 o'clock in the evening
we came to know that Punjab had been sealed for 48 hours and that
even cycles would not be allowed on the streets."
Kanwaljit Singh sent a telegram home to Delhi at 8.05 p.m. on June 3
from the Golden Temple Post Office "Coming after curfew". It means
that the curfew was 'reimposed' (Duggal's word) between 8.05 p.m.
and 10 p.m.
No one inside the Golden Temple had yet realised the sinister plan
of the authoritites. Punjab had been sealed. Thousands of pilgrims
and hundreds of Akali workers had been allowed to collect inside the
Temple complex. They had been given no inkling or warning either of
the sudden curfew or of the imminent Army attack. It was to be a
Black Hole-type of tragedy, not out of forgetfulness but out of
deliberate planning and design.
June 4, 1984 - Duggal's recollection are vivid almost photographic.
"At abut 4 a.m. in the early hours of the morning of June 4, the
regular Army attack on the temple started with a 25-pounder which
fell in the ramparts of the Deori to the left of Akal Takht Sahib
with such a thunder that for a few moments I thought that the whole
complex had collased. I along with my wife were then sitting in the
verandah of my house adjacent to the Sikh Reference Library.
Recovering from the initial shock, we moved into the room and took
shelter in one of its corners. Therafter, every second the ferocity
of firing increased and it continued unabated till the evening of
the 6th June.
As we were on the first floor, and our quarter was open on all
sides, our positon was very vulnerable. The bullets hit our quarters
on all sides and some of them pierced through the doors and landed
inside the room. To add to our miseries the power and water
supplies had been cut. Through a slit in the shutter of a window we
saw a large nember of dead bodies in the Parikrama of the Golden
Temple. They included women and children. We could not leave our
room. Coming out in the open would have exposed us to sure death."
Baldev Kaur's account of how the Army attack began is similar -
"Very early on June 4, while it was dark, there was cannon fire from
outside the Golden Temple without any warning. Shots were fired
from all sides."
Bhan Singh is emphatic that no warning was given, no public
announcement was made by the Army before the shelling of the Golden
Temple started on June 4 - "had the army given a warning at least
those pilgrims who had come for the Guru Parb could go out and then
those person who were simply here to participate in the Dharam Yudh
Morcha could go out. But no warning was given to the people. The
firing was started from all around the complex with vengeance, as if
they were attacking on alien, enemy country."
According to the girl student the shelling started at about 20
minutes past 4 o'clock on June 4 dawn and continued without
interruption upto 2 o'clock in the afternoon of that day (June 4),
and evening of June 5.
Her account is extemely graphic - On June 4 at about 3:30 a.m. we
were inside the Harmandir Sahib reciting our prayers. Suddenly,
there was a black-out in the whole of the Golden Temple complex.
The devotees continued to be immersed in worship. At about 20
minutes past 4 o'clock there was a very loud expolsion. We felt
that the whole of the Golden Temple complx was shaking. I was alone
on the balcony overlooking the lake or sarovar. Suddenly something
roundish fell in front of me. I was curious. So I gently touched
it and pushed it into the water. As it fell, there was a big noise
and then the water rose and splashed into the Harmandir Sahib. I
started reeling, once tilting on one side and again on the other.
Someone pulled me inside. The explosions continued. We then
realised that the Army's attack on the Golden Temple had begun." In
a flash she described her companions - "Inside the Harmandir Sahib
there were about 50 to 60 persons - some granthis (priests), ragis
(singers), sevadars (employees), the rest of them yatris (pilgrims
or visitors) like me and my family. I did not see any armed
terrorist."
The Army fired from all sides and did not spare any target in the
Temple complex which seemed to shelter people. According to
Prithipal Singh, the Sevadar on duty at Akal Rest House, deep inside
the Guru Ram Das Serai, the Akal Rest House was shelled from the
side of Gali Bagh Wali (to the left of the main entrance from the
side on chowk Ghanta Ghar) at 5 a.m. on June 4. The bullet marks on
the walls, the doors and windows of the side rooms of the Akal Rest
House bore silent testimony to the Sevadars story, as we listened to
him in May, 1985 almost one year after the shooting.
The Harmandir Sahib was not spared by the Army on June 4, just as it
had not been by the C.R.P. on June 1. According to the girl
student, bullets hissed past her and her grandmother and aunt when
they crawled across the bridge on their stomachs in their bid to
escape from Harmandir Sahib. She managed to pick up a portion of a
shell which had exploded on the bridge near Harmandir Sahib - it mas
marked 84 mm., and it had two colours, yellow on the upper part and
blue on the lower part.
Baldev Kaur's account suggests that there was no immediate counter -
fire from inside the Golden Temple complex. The A.I.S.S.F. member
said that "there was some stray firing from inside the Golden Temple
before the Army's entry into the complex". The girl student
provides a compartive picture of the magnitude and intensity of
firing from outside the Temple and from inside. "The firing that
took place from inside the Golden Temple was negligible. On June 1,
there was absolutely no firing from inside. Wheras on June 4, the
ratio was something like the - if a thousand rounds were being
fired by the Army from outside, then about one or one and a half
rounds were fired in reply by the armed militants from inside the
Temple complex."
Meahwhile, according to Duggal, "the helicopter hovered above and
continued to fire from above. Some of these helicopters also guided
the firing squads of the Army by making circle of light around the
targets. Immediately after these circles, the cannon ball would
land on the target causing havoc. We saw a large number of boys
blown to pieces."
According to Bhan Singh, "they (the Army) treated the inmates of the
Complex as enemies and whenever there was any person wounded on
account of the firing, no Red Cross people were allowed to enter,
rather the Red Cross personnel had been detained beyond the
Jallianwallah Bagh," - more that a kilometer away from the main
entrance to the Golden Temple from the Chowk Ghanta Ghar side. In
accordance with the U.N. Charter of Human Rights, the Red Cross is
permitted to go in aid of the wounded right inside the enemy
territory, but in Amritsar in June 1984 the Red Cross was not
allowed to enter the Golden Temple - a respected and hallowed part
of our country-in aid of Indians under attack from the Indian army.
It only means that the attakck was so brutal and the battle scene so
grisly, that therw was much to hide from the public scrutiny, even
if it be that of a neutral agency called the Red Cross. This also
explained perhaps why Press Censorship had already been imposed, the
last of the journalists were hounded away and the Press was not
allowed inside the Golden Temple upto June 10 when they were taken
on a guided tour of the Complex for the first time since the Army
Operations began almost a week before.
June 5, 1984: The firing and counter-firing continued. Harcharan
Singh Ragi saw his guardian and mentor - the old completely blind
Head Ragi of the Golden Temple, Amrik Singh being shot by a bullet
and dying inside the Harmandir Sahib at about 6.30 a.m. on June 5.
This was the respect shown by the Indian Army to the Harmandir
Sahib! The White Paper issued on July 10, 1984 adopts a
holier-than-thou attitude - "Specific Orders were given to troops to
use minimum force, to show the utmost reverence to all holy places
and to ensure that no desecration or damage was done to the
Harmandir Sahib..." (Para 10) and once more "In spite of the
(machine-gun fire from Harmandir Sahib on the night of June 5) the
troops exercised great restraint and refrained from directing any
fire at Harmandir Sahib." All this is propaganda. We have recorded
the truth - the Harmandir Sahib was fired at by the C.R.P. on June 1
and there wer 34 bullett marks on it which were shown to Mark Tully
of the B.B.C. the next day. When the Army attacked the Golden
Temple at dawn on June 4, the Harmandir Sahib was the target of
destructive shelling and on June 5 two Ragis - one Amrik Singh,
blind, 65-year-old - a singer of devotional songs and another Avtar
Singh were killed by bullets right inside the Harmandir Sahib.
Perhaps the White Paper was doing an exercise in sarcasm and irony
when it stated: "the troops exercised great restraint and refrained
from directing any fire at Harmandir Sahib."
Meanwhile, the girl student and her companions had managed to come
away from the Harmandir Sahib, crawling on their stomach across the
small bridge. They were bundled into a room on the ground floor of
the Akal Takht. They kept sitting there, having nothing to eat and
no water to drink. To continue, in her own words, "Helicopters were
encircling the Temple from above. After the helicopters completed
their circle, at about 11:30 a.m. on June 5, the huge water tank
inside the Temple complex was fired at. The tank could not be
broken even after the initial 10 shells hit the tank. Then one bomb
hit the tank after which it burst and all the water gushed out. The
fighters who had taken their positons beneath the tank were killed.
"They continued the firing till the evening of June 5 and then it
was about 8.30 p.m. It was completly dark when they entered
accompanied by very heavy firing. The blasting was so severe that I
thought that I had reached some other world.
"We were 40-50 persons huddled together in the room, including women
and children, even a child of six months. In the next room were the
pilgrims who had come on June 3 to celebrate Guru Parb but they had
been trapped.
"The upper portion of the Akal Takht had been fired at by the Army
and completly destroyed. Pieces of the Guru Granth Sahib were
flying in the air and littering the ground. The place seemed to
have been transformed into a haunted house.
"Then the tank entered, It had powerful searchlights. I though the
ambulance had come to attend to the dead and injured. But it had
turned out the opposite. The tanks went riding past us. From the
tanks the announcement came, loud and clear: "Please come out, God's
blessings are with you. We will reach you home absolutely safe and
sound," There were some among us who were frantic for some water,
they came out in the open. In the morning I saw the dead bodies
lying on the Parikrama. This was the worst kind of treachery."
The A.I.S.S.F. Members narration of the events of June 5 has a
somewhat different emphasis - less personal reflection and more of
detached observation. On June 5th at about 8p.m. the Army entered
the Complex through the Ghanta Ghar side under heavey cover fire.
The road was blocked. Nobody was allowed to come out of the
Complex. The Army entry was not preceded by any warning or
announcement asking the people to surrender. "There is some stray
firing from inside the Golden Temple before the Army entry into the
Complex. But the real resistance began only after the Army entered
the Temple. The order from Bhindranwale was to use limited firearms
with discretion. There were only about 100 people to fight and
there were less that 100 arms consisting mostly of 303 rifles used
in the World War II, 315 guns and a few stenguns. When the army
entered the ammunition was nearly exhausted. "After mid-night, at
about 1 a.m. one armoured carrier and 8 tanks came inside the
complex. The tanks had powerful searchlights and they came down the
stair-case, and the Army surrounded the langar building." Even 11
months afterwards, we could still see the marks of the tanks on the
Parikrama.
Duggal's account is also informative. By the evening of June 5, he
and his family had managed to move to the house of the Giani Sahib
Singh, the head priest of Golden Temple, which is about 25 yards
wasy from the house he had earlier taken shelter in. In Duggal's
words, "The night between the 5th and 6th was terrible. The tanks
and armoured carriers had entered the Golden Temple Complex. The
firing was such, that its ferocity cannot be described. In the
early hours of June 6th, we learnt that the holy Akal Takht had been
completely demolished in the firing. As devoted Sikhs, we were
extremely shocked. Tears flowed through the eyes of everybody
there. All through the night we heard the heart rending cries of
the dying persons."
Giani Puran Singh, a priest at the Harmandir Sahib also an
eye-witness remembers - "At 7.30 p.m. on 5th I went to Sri Akal
Takht where I met Sant Jarnail Singh Bhindranwale with who I had a
long satisfying talk while shots were ringing outside. Gyani Mohan
Singh, whose duty was to conduct REGRAS (Evening Prayer) had not
been able to reach Harmandir Sahib, due to the shooting. I then
came down from the Akal Takht and joined some "Singhs" in a morcha
and enquired of them whether Gyani Mohan Singh had passed that way.
As per the tradition the 'Regras' at Akal Takht starts 5 minutes
later than at the Harmandir Sahib, but that day Path at the Akal
Takht had already started. Upon this I rushed towards Harmandir
Sahib amidst gunfire, stopping for a breather at the Darshani Deori.
On reaching I started the recitation. Meanwhile, Gyani Mohan Singh
also reached the place. We were about 22 people in the Harmandir
Sahib, some devotees and others the employees of the Gurudwara. By
the time the path was over the firing outside became more intense.
'Sukhasan' of Guru Granth Sahib was done and then taken upstairs.
At 10.00 p.m. the tanks started entering the complex and a barrage
of shooting from without became more intense as heavy armour began
to be used. At this stage an armoured carrier entered and stood
beside the sarovar. The lights on the carrier, when switched on,
bathed the whole complex in bright light. We were viewing all this
perched in the main dome of Harmandir Sahib and thought that
probably the fire brigade had come to get water for extinguishing
fires raging throughout the city. But we were proved wrong when
this vehicle came down to the Parikrama and stared firing. From
both sides the tanks started closing in, from clock tower to the
Brahm Buta the tanks set fire to all rooms while desperate people
collected water from the Sarovar to extinguish the fires. Loud cries
and wails of both women and children rent the air. A vigorous
battle ensued and the Dershani Deoris of Clock Tower and Atta Mandir
along with the Serais (rest houses) was in army control by 10
o'clock, the next day (June 6). The 40-50 youth who had been
holding the forces fought bravely till either they were killed or
the ammuniton was exhausted. From about 10 in the night till 4.30
the next mornign we were on the roof of Darbar Sahib."
2.OFFICIAL VERSION - FACT OR FICTION?
These accounts of what happended at the Golden Temple on June 5 are
in marked contrast to the white paper or the army's common charge
sheet to the 379 alleged 'terrorists' captured from Golden Temple
now detained under N.S.A. at Jodhpur.
According to the White Paper: " All Commanders were instructed to
continuously use the public address systems for a number of hours at
every suspected hideout of terrorists to give themselves up in order
to prevent bloodshed and damage to holy places before the use of
force for their apprehension." Was this actually done? Our
eye-witness accounts prove that it was not. Regarding Golden
Temple, the White Paper is also specific, "During the afternoon and
evening of June 5 1984 repeated appeals were made to the terrorists
over the public address system to lay down their arms and surrender
and to others inside the Temple to come out, to prevent avoidable
bloodshed and damage to structures in the Temple Complex. In
response to his appeal 129 men, women and children came out and they
were handed over to the civil authorities." It is possible to
belive this version? We have seen how the Army started shelling the
Golden Temple without any warning or public announcement from the
early hours of June 4. They continued this firing throughout June 4
and 6. The militants also fired in reply but they were no match,
either in terms of numbers of men or in ammount of ammuntion. How
could the Army make 'repeated appeals' during the afternoon and
evening of June 5 when intense fighting was going on and how could
120 persons come out during this raging battle?
The Army's version, as revealed by its chargesheet to the 379
alleged 'terrorists' detained at Jodhpur Jail, is even more
incredible. On June 5, when they were supposed to have been deputed
for duty outside the Golden Temple, the Army had the information
that "the extremist/terrorist led by Jarnail Singh Bhindranwale had
collected men, arms, ammunitions and exploxives within the Golden
Temple and had also made other preparations to wage war against the
Government of India with the intention to extablish a State
independent of the Government of India to be known as Khalistan".
Or in other words, Khalistan was to be established at the Golden
Temple and if the A.I.S.S.F. member is to be believed, by about 100
fighters equipped mostly with 303 decrepot guns of the II World War,
a few 315 rifles and some stenguns. S. S. Bhagowalia an advocate at
Gurdaspur and Vice President of the Associtation for Democratic
Rights (A.F.D.R. Punjab) investigated and found that Bhindranwale's
supporters numbered no more that 140-150. It is strange that the
White Paper has nothing to say about the Khalistan flag - a country
without a flag! But the White Paper says that Khalistan was to be
established at the Golden Temple. According to the Army's
chargsheet and also the White Paper, in response to the Army's
repeated appeals to the Terrorists to lay down their arms and
surrender, they opened intense firing from insdie the Complex.
"They were shouting anti-national slogans." This was a battle not a
demonstration. How could terrorists engage in shouting
anti-national slogans at a time when they were allegedly using
automatic and semi-automatic weapons, grenades, explosives, etc?
Even if they did shout these slogans how could the slogans be heard
over the din and noise of rattling stenguns and automatic rifles?
The White Paper also describes how the library was allegedly gutted
on the night between June 5 and 6 - "Troops were able to enter the
area around the Sarovar through the northern deori and the Southern
library building. Terrorists were in control of the Library
building and fired from there. At this stage, the library caught
fire - the Army fire- brigade was rushed but their attempts were
failed by the machine-gun fire from the terrorists." A perfect
brief for the Army! But according to Duggal who was in incharge of
the Sikh Reference Library and who cared for it, the Library was
intact when he last saw it on June 6, evening while leaving the
Temple Complex. However, he was in for a terrible shock when he was
brought back to the Temple complex by the Army on June 14. Let us
listen to Duggal's tale of sorrow as well as courage: "On 14th June
1984 I was arrested by the Army and taken inside the Golden Temple,
where I was shocked to see that the Sikh Reference Library had been
burnt. The entire Golden Temple Complex presented a very, very
painful look. It bore at least 3 lakhs of bullet marks. The Akal
Takht was in shambles. Guru Nanak Nivas, Teja Singh Samundri Hall,
Guru Ram Das Serai and the langar buildings had been burnt. When I
left the Complex on 6th all those buildings were in good shape in
spite of the Army Attack, Taken to the Library's ruins, I was asked
by the Army Col. to take charge of the Library. I asked him as to
were is the Library. He said that I had no option but to sign a
typed receipt to the effect that I have taken over the charge of the
Library. I refused to oblige him saying that I would not tell such
a big lie."
The White Paper is very emphatic the "Troops were particularly
instructed not to wear any leather items in holy places and to treat
all apprehended person with dignity and consideration." What was
the reality? The reality was this:-
June 6, 1984: " At 2 a.m. on June 6, says Prithipal Singh, Sevadar,
at the Akal Rest House, "the Army people came to the Rest House.
They tore off all my clothes, stripped me naked, my kirpan was
snatched, my head gear (patta) was untied to tie up my hands behind
my back. They caught me by my hair and took me along with five
others - who were all pilgrims - to the ruins of the water tank,
there we were told, "don't move or you'll be shot." They kept
hitting us with the rifle butts. Then a Major came and ordered a
soldier, shoot them, then shouted at us, "You must be Bhindranwale's
Chelas? You want Khalistan? I said "I am here to do my duty. I
have nothing to do with all this." "Six of us were in a line facing
the Major, when a Pahari soldier started shooting from one end,
killing four of us (with 3 bullets each). As my turn was coming,
suddenly a Sikh Officer turned up and ordered, "Stop Shooting".
Thus I was saved. The Sikh Officer was told, "these people have
ammunitions". At that he ordered them to lock us in a room. Two of
usw ere locked up in a room in Guru Ram das Serai, but we did not
talk nor did I ask the other man's name. On 7th June the door was
opened at about 8 or 9 in the morning. We had gone without water.
The floor was covered in blood. I was allowed to leave." This was
then the 'digintiy and consideration' which the White Paper had
claimed was shown to those apprehended by the Army.
Bhan Singh picks up the thread of the story at about 4 a.m. on June
6. "I was arrested along with Sant Longowal and Jathedar Gurcharan
Singh Tohra early morning on the 6th. We were encircled by the Army
people, throughtout the day from 4 a.m. till 5 p.m. when Sant
Longowal and Jathedar Tohra were taken to the Army Camp, but I along
with many others was kept inside the compound of Guru Ram Das Serai.
We were taken away to the Army Camp at about 9.30 p.m." Even on
this point of arrest of Longowal and Tohra, the White Paper has a
totally different version - "At 1.00 a.m. on June 6, Sant Harchand
Singh Longowal and Shri G.S. Tohra surrendered near Guru Nanak Niwas
with about 350 people. The terrorists opened fire at them and also
lobbed hand grenades to prevent surrender. As a result, 70 people
were killed including 30 women and children." Even Longowal is on
record that he and Tohra were arrested at 5 a.m. from Guru Nanak
Niwas (where the S.G.P.C. Office is now located) and kept there in
Army custody the whole day. Neither he nor Bhan Singh talk about
surrendering to the Army nor do they refer to the killing of 70
people including 30 women and children, by terrorists at the time of
their surrender. Should we belive Bhan Singh (and Longowal) or
whould we blindly accept the White Paper's Version?
On the morning of June 6, as the girl sutdent opened the door of
their small room and "came out to fetch water, what did I see but
piles of dead bodies, all stacked one over the other. At first I
instinctively felt that I wouldn't manage to go out. All I could
see was a ceaseless mount of dead bodies. It seemed that all the
persons who werre staying in the Parikrama, not one of them had
survived... The Army said later that they did not go inside the
Golden Temple wearing boots. But I have seen some of the dead
bodies of the Army men in uniform - they were wearing boots and
belts." The White Paper is contradicted once more.
The girl student's narration continues. It is an amazing and
astonishing account of how she accidentally met Bhai Amrik Singh,
Prsident of the A.I.S.S.F. and Bhindranwale's close associate. She
had not met him before but once he told her his name, she recognised
him at once because his pictures had come out in the papers. How
Amrik Singh gave her some water in a bucket which she gave to her
relatives and acquintances, but she could not bring herself to
drinking it because it was red, mixed with blood. How Bhai Amrik
Singh sent her a message urging her to leave the Temple Complex at
once with her group in order to escape being dishonoured or being
shot dead as 'terrorists' by the Army personnel, and also to survive
to tell the true story of what happened inside the Golden Temple to
the world outside. She recounts in breathtaking detail how she
picked up the courage to first come out of the Complex and then
bring out her relatives and acquaintances.
To quote her own words - "So I decided to try to find the way out.
There was a man lying dead. I had to place my foot on him. My foot
touched sometimes somedbody's hand, sometimes somebody's body. I
had to move in this fashion. There is a staircase next to the
Nishan Saheb (outside teh Akal Takht) and next to it there was an
iron gate, which had got twisted because of the shelling. I pulled
the gate and came out, there was nobody. The place was deserted.
The doors of the houses were shut and locked from outside. I was in
a haze. For I saw the locks and yet I kept shouting for shelter.
Then I came to my senses, realizing that the inhabitants had locked
their houses and gone away. Then I broke the mud patch in the wall
of a house and entered it. One of the doors of this house opened
out into the Golden Temple. I went back to the temple through this
door. I found a wounded man who relayed my message to my
grandmother through other wounded persons, that I had managed to
come outside, she should also come out. By then the room in the
Akal Takht building, where I had taken shelter with my grandmother
was already in flames. The 20-25 people in that room came out with
much difficulty and reached the palce where I was. The house had
been sprayed with shells and bullets and there were gaping holes in
the walls. We found a water tank in that house which had escaped
destruction, unlike the water tank in the Golden Temple complex.
First we all drank water from that tank. We met an injured man who
had also taken shelter in that house. He asked us to go with him to
his house. We accompanied him. He made us change all our
blood-soaked clothes; some we washed clean."
The narrations of Bhan Singh, Harcharan Singh Ragis, Giani Puran
Singh and the girl student tear apart the White Paper that the Army
had been instructed 'to treat all apprehended persons with dignity
and consideration', and also that 'no women and children were killed
in the action by the troops.'
Bhan Singh remembers- "On the 6th morning when hundreds of people
were killed or wounded, everywhere there were cries of those people
who were wounded and injured but there was no porvisions for their
dressings and there were no Red Cross people within the complex...
Many youngh people aged between 18 and 22 years were killed and so
were some ladies. A lady carying a child of only a few months saw
her husband lying before her. The child was also killed on account
of the firing. It was a very touching scene when she placed the
dead body of the child alongside her husband's body. Many people
were crying for drinking water, but they were not provided any. Some
had to take water out of the drains where dead bodies were lying and
the water was red with blood. The way the injured were quenching
their thirst was an aweful sight which could not be tolerated. The
Army people were there, moving about mercilessly without showing any
sign of sympathy with those injured or wounded. Those who were
under arrest were not provided any facility of water of food or any
other thing of that sort. The clothes of those who were arrested
were removed and they were only left with shorts--their turbans,
shirts, etc. were all removed and heaped together. Such a brute
treatment was given to them, as if they were aliens and not the
citizens of the coutry to which the forces belonged."
Harcharan Singh Ragi similarly recounts- "My quarteres are on the
first floor above the information office and it was unsafe, with the
firing going on endlessly, to stay there. Four members of the
family of Narinder Pal Singh, the Information Officer who also lived
on the same floor as us and we five took shelter in the basement of
the Information office building. On the 6th of June, between 12
noon and 5 p.m., the Army announced that people should come out.
This was the first announcement given since the Army operations
began. All of us in the basement volunteered arrest and the
Information Officer and myself showed our identity cards as
emplowyees of the S.G.P.C. As we were coming out, we saw that
hundreds of people were bing shot down as they came out. We saw
many women being shot dead by the commanders. I also would have
been, but for my little girl, Jaswinder Pal Kaur (Anju), rushing to
the Army Commander and begging to save her father's life."
And now let us listen to the girl student once more- "On June 6 at
o'clock in the evening, they announced a relaxation in the curfew
for one hour. Meanwhile, we went through some devious lanes and
managed to take shelter in a house which was some distance from the
Golden Temple. The Army people announced that everyone should come
out. So we came out.
"There were about 27-28 persons with us, 5 of them ladies, some
elderly men, the rest young boys. The Army made all of us stand in
queue. There were 13 boys out of which three I claimed to be my
brothers. I did not know them from before. I merely wanted to save
them. I don't know why, perhaps because they thought the 3 boys
were part of our family but the Army release these three boys. They
went away. Out of the remainging male youths, they picked out four
and took off their turbans wiht which they tied their hands behind
their backs. Then the Army men beat these 4 Sikh boys with the
butts of their rifles till they fell on the ground and started
bleeding. They kept telling the boys all along, "you are
terrorists. You were coming from inside. You were taking part in
the action. You will be shot." These boys were shot dead right in
front of me. They looked completely innocent. Neither they seemed
to know how to use a rifle, nor they seemed to know the meaning of
'terrorism'. They were shot before my eyes. Their age was between
18 and 20 years. I did not know who they were--circumstances had
brought us together by chance. Whenever I recollect that scene, I
seem to lose my bearings.
"Then they (the Army people) surrounded me and started questioning
me. I told my grandmother not to speak a word to them as they were
speaking only with bullets. I asked them whether they had come to
protect us or to finish us. I said my grandfather was a colonel in
the Army... The Army man... in charge then asked his colleagues to
leave me and my family members. He told me to go away quickly. And
so we were saved."
Giani Puran Singh narrates- "At 4:30 a.m. on June 6, Guru Granth
Sahib was brought down. PRAKASH done and the Hukumnama taken, the
kirtan of Asa-di-vaar started. This kirtan was not done by the
appointed Ragi Jatha (Hymn singers) but by members of Bhai Randhir
Singh Jatha, one member of which Avtar Singh of Parowal was later
martyred inside the Darbar Sahib. The official Jatha of Bhai Amrik
Singh had been martyred at the Darshani Deori the previous day.
Bhai Avtar Singh was hit by a bullet which tore through the southern
door, one of which is still embedded in the Guru Granth Sahib which
is there since Maharaja Ranjit Singh's time. Time passed and at
4:00p.m. on June 6, some poisonous gas was spread and the Akal Takht
captured, if not for this gas the forces could not have been able to
gain the Akal Takht. At 4:30 the commandant, Brar spoke from a
speaker on the Southern Deori that all living pople should
surrender. All those who had come face to face with the forces had
been eliminated. We (I and Gyani Mohan Singh) asked all the 22
within the Darbar Sahib to surrender and told the commanding officer
that two priests had stayed behind and if need be, he could send his
men for them. He did not agree with them and called aloud on the
speaker that we should come out with reaised hands. We decided
against this because if we were shot on the way it would merely be a
waste. We were in the Darbar Sahib till 7:30 when two soldiers and
a sewadar were sent to fetch us. While on our way out I stopped to
pour a handful of water in the mouth of the wounded member of the
Jatha, who asked us to send for help. I promised to do so provided
I remained alive. Gen. Brar, meanwhile announced over the
loudspeaker that nobody should fire upon us. The moment I stepped
out of the Darshani Deori, I saw tha Akal Takht ruined and the
rubble was spread all around. Hundreds of corpses were lying
scattered. We were wished by Gen Brar who told that he too was a
Sikh. He then enquired as to what did we propose to do. We told
him that we wanted to go to the urinal and then be allowed to go to
our residences. He allowed us to go to the urinal and then we were
questioned of the whereabouts of Santji and were told that he would
not be harmed. We told them that they knew better as they were in
command. We were questioned, whether any machine-gunnists were
operating from Darbar Sahib to which we said that they were welcome
to inspect the premises themselves. Five persons accompaied us to
the Har Mandir, one Sikh officer and 3-4 othere. When we started
the Sikh officer insisted that we lead because if firing started
from within, we would face them, moreover we would be shot if
someone shot from within. When we reached the Harimadir, a search
was carried out by them, picking and searching below very carpet but
no sign of firing was traced. Meanwhile the wounded member left
behind had passed away. His body was placed in a white sheet,
brought out and placed along with various others lying outside."
According to the A.I.S.S.F. member, "on 6th June at 5:30 p.m. we
surrendered before the Army. 199 surrendered before us. We were
made to lie down on the hot road, interrogated, made to move on our
knees, hit with rifle butts and kicked with boots on private parts
and head. Our hands were tied behind our backs and no water was
given to us. We were asked 'how many people were inside? and 'where
are the arms and ammunition?' At about 7 p.m.,we were made to sit
in the parakrama- near the Army tanks. There was firing from the
side of the Akal Takht and many were injured." This is yet another
convincing evidence of the dignity and consideration shown by the
Indian Army to those captured, after the action was over.
June 7, 1984: giani Puran Singh's account throws light on how and
when Bhindranwale was killed: "time passed away and at 7:30 a.m. on
7th we were taken out of the complex and informed that the bodies of
Santji, Gen Subeg Singh, Bhai Amrik Singh, had all been found. When
asked as to where were the bodies found, the reply was that Santji's
body was recovered from between the 2 Nishan Sahibs while Amrik
Singh and Shubeg Singh's bodies had been found behind the Nishan
Sahibs. The news carried by the media said that Santji's body had
been recovered from the basement in Akal Takht. We were not shown
these bodies but were led to our residences by the military. The
head priests who also came there were informed that the bodies of
Santji and others had been found. In fact, if the bodies had been
found, we would have been called for identification but instead we
were threatened to be shot lest we tried to go near the rooms where
they had been kept. Moreover, if found, the body would have been
embalmed taken to Delhi and kept for some time before finally
dispersing it. The White Paper's version of the events is distorted
and not convincing. For example: "By the morning of June 6, the
troops had effectively engaged all gun positions at the Akal Takht
and were able to enter the Akal Takht. Room-to-room engagement
commenced till it was cleared by 12:30 p.m. on the afternoon of
June 6, except for resistance continuing from the ground floor and
basements... On the afternnon of June 6, 200 terrorists surrendered
including 22 form Harmandir Sahib." Giani Puran Singh who was one
of the 22 has clearly said that the 22 persons who had surrendered
from inside Harmandir Sahib were 'some devotees and others the
employees of the Gurdwara'. Thus there were no armed terrorists
inside the Harmandir Sahib- 50-60 persons-cited by the girl student
and the same figures-of 22 persons-given by all other eye-witesses
and also the White Paper. The fact that the girl student
accompanied by 27-28 persons left the Harmandir Sahib on the
afternoon of June 4 amidst the firing and took shelter in the Akal
Takht explains the descrepency in figures.
The White Paper also claims that "On 8th June 1984, the terrorists
hacked to death an unarmed army doctor who had entered a basement of
the Akal Takht to treat some casualties." Giani Puran Singh's
account gives an accurate description of this incident: "There were
4 Singhs in the basement of the BUNGA JASSA SINGH RAMGARHIA who were
giving a tough fight to the forces. They had also pulled down 3
personnel of the army who had ventured close-one of them was a so
called doctor. They were swiftly put to death., The authorities
wanted these people to surrender but they wanted some mutually
responsible person to mediate. I was then asked to mediate but
first of all I asked the army offices of a guarantee that none would
be shot only arrested and later law would take its own course. They
were not ready for this and wished me to talk to the Brigadier who
too was noncommittal. They then asked me to inquire if the three
army personnel were alive. The reply received was that no live
personnel was there in the base-At this the Brigadier asked me to
leave and that they would themselves deal with them. These men in
the basement fought the whole day, that night and also the next day
when Giani Zail Singh came to visit the ruins of Akal Takht. Some
thought that they had also aimed for Gaiani but it was not so.
These people did not know that Giani was coming. If they knew
beforehand, they would definitely put a bullet through the 'tyrant'
but they were totally cut out from the outside world. A colonel of
the commandoes attempted to flush out these men in the basement with
a gun and light arrangement but as soon as he entered the basement,
a burst of LMG wounded him and it was later learnt that he had
succumbed to the injuries in the hospital. 2 cannons were employed
to fire at the Bunga, gaping holes were formed on the Parikrama end
but the men within were safe. I saw from the roof of Harmandir
Sahib that two granadiers, had been put on the grenade shooter and a
continuous barrage of grenades was being poured but they still
survived. Burnt red chilly bags, chilly powder and smoke granades
were thrown in; one of them came out to be greeted with a hail of
bullets while the others finally were silenced on the 10th."
Similarly the White Paper's account of the amount of arms recovered
seem to be patently exaggerated. We may not accept the A.I.S.S.F.
members version that there were less than 100 arms, mostly obsolete,
303 guns from the II World War and some stengus, on the ground that
it may be a partisan account. At the same time it is not possible
to believe the White Paper's version - "A large quantity of weapons,
ammuniton and explosives was recouvered, including automatic and
anti-tank weapons. A small factory for the manfacture of hand
grenades and sten-guns was also found within the precincts of the
Golden Temple." If this modern arms factory had been discovered
inside the Golden Temple before the Army Operations began there
would have been no room for doubt or controversy. But making such a
claim after the Army operation was over. Only there was the Army to
testify. In contrast, our eye-witness have repeatedly pointed out
that the terrorists had a small number of men and limited arms which
had to be used sparingly. Would the resistance have collapsed so
abruptly, if there were hundreds of terrorist manning a modern arms
factory, as claimed by the White Paper.
The White Paper's figures of the number of people killed or injured
at the Golden Temple during the Army operations, seem to reflect
gross under-estimation and understatement. The White Paper's
figures of the casualties on account of the Operation Bluestar alone
are:
1. Own troops killed 83
2. Own troops wounded 249
3. Civilians/terrorist killed 493
4. Terrorists and other injured 86
5. Civilians/terrorists apprehended 592
Our eye-witness accounts point out two unmistakable facts:
(a)There were thousands, perhaps ten thousand people, consisting of
pilgrims, S.G.P.C. employees, Akali volunteers came to court arrest,
and terrorists present inside the Golden Temple complex when the
Army started firing at the Golcen Temple from all sides on the dawn
of June 4.
(b)The battle lasted nearly 56 to 60 hours from 4 a.m. on June 4 to
about 4 p.m. on June 6. The firing was almost incessant and
continuous and, despite the White Paper's several claims, had no
constraints. It was a most fierce battle.
Therefore, not hundreds but thousands could well have died during
the operations, and thousands maimed or injured. The girl student
had seen stacks and stacks of dead bodies piled up all over the
parikrama very early on the morning of June 6. Joginder Singh
estimates that at least 1500 dead bodies were lying on the
parikrama. Bhan Singh saw hundreds of people dying before him on
June 6. Harcharan Singh Ragi saw hundreds of peole including women
and children, being shot down by Army commandos, as they came out to
surrender on the Afternoon of June 6 outside the Golden Temple on
the Ghanta Gahr side. We may hesitate to accept exact figures such
as A.F.D.R. Vice Presiden S. S. Bahagawalia'a estimate of 2009
killed including about 400 Hindu Bhaiyyas or the AISSF members
estimate "that 7 to 8 thousand people were killed" or Surinder Singh
Ragi's confident assertions that 'during the Army operation at least
7000 people were killed on the parikrama and another 1000 dead
bodies were recovered from various rooms." These are all
impressions. There is no reliable estimate because the Press was
not allowed.
Nevertheless the clear conclusion emerges that hundreds and hundreds
of people were killed during the Army Actions on Golden Temple in
June 1984 most brutally. It was indeed a mass massacre mostly of
innocents. The post-mortem reports (see Annexures 7 & 8) speak of
the Army's brutatlities in very clear terms-
(i) Most of the dead bodies had their hands tied behind their backs
implying that they had not died during the action, but like Sevadare
Prithipal Singh's temporary companions lined up before the firing
squad, all of them must have been shot after being captured and
(ii) At the time of the post-mortem, the bodies were in a putrid
and highly decomposed state--they had been brought for post-mortem
after 72 hours implying a totally callous attitude towared the
injured and the dead.
Even after June 6, many died due to negligence, while under the
detention of the Army and many others were killed in Army camps.
According to the AISSF member: "One the evening of 7th June 1984 I
was brought to the Army Camp and locked in the Arms Rooms with 28
persons. It had no ventilation and there was no water. 14 died of
suffocation including Sujan Singh, a member of the SGPC."
According to a former MLA, Harbans Singh Ghumman, 37 Sikh youths
were killed on one of the Army camps at Amritsar between June 16 and
June 18, 1984. He had been personally concerned about this incident
at that time as he had learnt that this youngest son, Randhir Singh,
was also being detatined in one of the military camps at Amritsar.
3. JODHPUR DETENUES- WERE THEY WAGING WAR?
One of the purposes of "Operation Bluestar" according to the White
Paper, was to flush out the terrorists from the golden Temple
complex. Hundreds of people who were areested from the Golden
Temple after the Army action and detained by the Army were charged
as terrorists". 379 of the alleged 'most dangerous terrorsits' were
forced to sign a common confessional statenment and thereafter
served a comman charge sheet that tehy were all Bhindranwale's
closest associates and comrades-in-arms engaged in 'waging war
against the State'. They were, therefore, detained under the NSA
and are now being tried at Jodhpur under the Terrorist-Affected
Areas (Special Courts) Act of 1984. As we were curious regarding
the extent of danger these hardcore 'terrorists' posed to the State
'with the intention to establish a State independent from the
Government of India to be known as Khalistan", we visited the homes
of some of the Jodhpur detenues and met their families or relatives.
The evidence collected established beond doubt that none of the
Jodhpur detnues we succeeded in profiling are 'terrorists' but
rather all of them are completely innocent, ordinary persons, whose
only crime was that they had all gone to or were coming from the
Golden Temple-as devotes or prlgrims visiting the golden Temple for
the Guru Parb on June 3, 1984 or farmers gone to the Temple to
deliver village donation of grain to the S.G.P.C. or students gone
to pay obiesance at their holiest religious shrine, the Harmandir
Sahib before their examinations in interviews. The following are
the case studies of the Jodhpur detenues:
1. RAMINDERPAL SINGH (Pet name:Happy), aged 20 years, son of
Harcharan Singh Ragi, whom we have met already. When Harcharan
Singh Ragi and Informations Officer Narinder Pal Singh's families
came out of the basement on the 6th of June, they were all arrested
from outside the golden Temple and taken to the hArmy Camp. In the
words of Harcharan Singh Ragi- "I was release on June 18. My wife
and daughter were released on June 22, but not the boys. Again, on
July 13, my eldest son was release but not Raminderpal, my second
son. He was taken to Amritsar Jail from where he took his frist
year examination between August 8 and 22. Then he was shifted to
Nabha Jail on August 31, 1984. ON March 10, 1985, he was taken to
Jodhpur Jail, from where he is taking the second year examinations
now. There was no charge-sheet against any of us. But Raminderpal
was falsely imlplicated as having been arrested from inside the
Golden Temple and charged 'with waging war againt the State.' He
was put under the Amended NSA, which disregards the recommendations
of the Advisory Board.... My son has been charged with "waging war
against teh State". But he is one of the gentlest and known for his
courteous behaviour. He used to play hockey at teh district level
when he was at school. He is fond of reading, can play the
harmonium and he is a good singer. Often he used to accompany me in
the golden Temple during our Dirtan sessions. He was a serious
student and in December 1983 when there was a strike at Khalsa
College, he left it in disgust and studied at home. What he earned
doing overtime singing dirtans in Harmandir Sahib, he spent it for
lessons in mathematics. His closest friends are Hindus. An ideal
boy, so innocent, today he is in Jodhpur Jail accused as an
'extremist'.
With great sadness, his wife said, "One who spent his life in
struggle, how could be bring up his children as 'extremists'?
2. KANWALJIT SINGH - We have met Kanwaljit before we left his story
at the point when he sent telegram home on the night of June 3,
1984. Operation Blue Star started thereafter. Kanwaljit was
arrested by the army from the Serai and was taken to an Army Camp
where he was tortured and terrogated. "Why did your come to Golden
Temple? Where have you come from? Did you have arms? Did you come
to fight?'
Meanwhile, Kanwaljit and Manjit's families in Delhis had no
knowledge about their whereabouts, Kanwaljit's mother visisted
Amritsar in the late June 198to inquire about her son. His father
and brother did not go as it was feared that any male Sikh who would
go to Amritsar to inquire would be areeseted. At Amritare,
Kanwaljits's mother swa a list of those killed, injured, and
areested during Operation Bluestar with the S.G.P.C. In the list of
those who had died, there were only 3 or 4 names, that of
Bhindranwale, Amrik Singh and so on. The mother saw Kanwaljit and
Manjit's names in the list of those arrested.
She was told that Kanwaljit was being detained in an Army Camp. She
went to the said Army Camp in July with her sister. She was not
allowed to meet her son. She went twice more in July to the Army
Camp but was not permitted to see or neet her son.
The Government first informed Kanwaljit's family on September 15,
that he had been transferred to the Nabha Jail. They could have an
interview with him twice a week, on Tuesdays and Thusrdays. In
Nabha Jail, Kanwaljit and many others were made to sign a commno
confessional satement and served a common charge-sheet alleging that
he and his comanion, were arned terrorists, that they were followers
of Bindranwale and that they had gathered to wage war against the
Indian State in order to establiss a separate State of Khalistan by
violent means.
They were then treansferred to Jodhpur Special Court. He has been
put under NSA, detained for 2 years. Whereas in Nabha Jail, all
relatives were permitted to visi, at Jodhpur only parents were
allowed to visit once a week.
Kanwaljit was brought to Delhi on April 11, 1985 to take his
examnations to reappear for B. Com. (Hons.) II year. The parents
were allowed to meet him at Tihar Jail only after a lot of
harassment and objections.
Kanwaljit is a man of few words. He does not mix much and has few
friends, Manjit being the closest. Kanwaljit used to go to the NDMC
Stadium at New Delhi every morning for swimming. On returning he
used to play carrom and chess with Manjit and read chess books.
Chess is his first love and he was winning awards in chess
competitions. In 1982-83, he came second in teh Khalsa College
(Evening) Class tournament. In 1983-84, he again came second in teh
Inter-class Chess Tournament. He received a magnetic chess set as a
prize from Raja Bhalinder Singh, who was Presiden tof teh Indian
Committee of the Asiad Games, 1982. He used to participate in
various chess tournaments in Delhis and rearely missed prize chess
matches between well known chess masters.
There is a photograph of Kanwaljit receiveing a prize from Raja
Bhalinder Singh. He looks simple, innocent and so straight-forware
and honest. He is not an Amritdhari. Lately, he was very keen to
find a job and that is why he was to atten an interview with the
National INstitue of Bank Management at Delhi on the morning of June
3, 1984 and again take an examination in the afternoon for teh State
Bank of India REgional Recruitment Group. He has also applied to
teh Railway Service Commission to take the written examinations for
recruitment to non-technical popular categories such as signallers,
ticket collectors, train/office clerks, etc. He was to appear for
this examination on 26 February 1984 but it was postponed. It was
to be held again on September 9, but this time Kanwaljit was under
detention.
Kanwaljit enjoys a very good reputation. Mr. Shyam Lal Garg, Member
of the Delhi Metropolitan Council from Tri Nagar and Mr. Sahib Singh
Verma, Member of the Munincipal Corporation from Lawrence Road, West
Delhi, have both certified that Kanwaljit was personally known to
them and that he was just a student and mever participated in any
party or political activity.
3. BHUPINDER SINGH, aged 22 years, s/o Jiwan Singh r/o Vill,Rayya
Tehsil Baba Bakola, P.S. Beas, Distt, Amritsar - Interview with the
fater, Jiwan Singh:
"I came here during partition from Sargodah, Distt. Multan, which is
now in Pakistan, I have 3 sons and 2 daughters. I have a business
of paints, steel trunks and agricultural implements. I have no
agriculture land. I am the Pradhan of Akali Dal (Longowal)unit in
village Rayya.
My yougest son Bhupinder used to manufacture steel almirahs. He had
taked part in the Rasta Roko movement, putting up posters, etc. but
was not arrested then. But during the Constitution agitation of
1983 he was arrested and mercilessly beaten but he was released due
to the intervention of Bhai Amrik Singh of the AISSF. That was his
first contact with AISSF. And is was only after his brother,
Tejender Singh's arrest in a false case for which he was jailed and
the case went on for 7 months, that Bhupinder started visiting
Darbar Sahib. After his brother's arrest, because of the harassment
of the police, he was careful and often he used to sleep out.
Finally, he himself was arrested at Kathiwali Bazar on June 6, 1984
after he had escaped from Golden Temple on June 3. He was taken to
an Army Interrogation center from where he was taken to Nabha Jail.
The army subjected him to inhuman torture. When he was in Nabha
Jail, he was taken to Lodha Kothi in Sangrur fro 18 days. Whe I saw
him, I could see that he had been terribly tortured but he wouldn't
tell us. There I learnt from him that he had taken Amrit and was
doin Path daily, which he said gave him strength.
In all Bhupinder has been implicated in 8 cases, each of which is
false:
(i) Today he is Jodhpur jail because he is supposed to have been
arrested from the Golden Temple for 'waging war against the State'.
But the police know that he was picked up from Kathiwali Bazaar
outside Amritsar.
(ii) The Nirankari murder case of villageKhabbe Rajputana near
P.S. Mehta of 1979-80, when Bhupinder was just a school boy. It is
obvious that this case has been planted on him retrospectively.
(iii) Another Nirankari murder case of village Ghanupur Kaleke,
P.S. Chaherta, near Metha Chowk of 1980.
(iv) Mannawale Railway Station, Flying Mail Murder Case of
Sub-Inspecton in 1982.
(v) Encounter of an 'extremist' group with the Railway Protection
Force at Tayya Railway Station.
(vi) Nirankari Bomb case of Rayya - Bhupinder was at thome at 4-5
p.m. when the bomb exploded. Bhupinder's name was not there in the
initial list of suspects but was added later.
(vii) Sadhuram Bomb Case - shich occurred at 10 p.m. when Bhupinder
was actually at home.
(viii) Dhyyanpur Bridge Expolsion case in which Bhupinder's name
was added to the list of the three accused.
At this point, Jiwan Singh brought out the photograph of his son
Bhupinder. AN AMAZINGLY GENTLE AND INNOCEN FACE FOR SUCH A
SUPPOSEDLY HARDENED CRIMINAL. Bhupinder's mother has given up
eating certain dishes which the boy was fond of. Very gently, she
told us that the food the boys get in jail is so bad.
Jiwan Singh continued, and went on to narrated the harassments that
he and his family have undergone:
"After the Operation Bluestar, the CRP visited my house 3 times in
24 hours and raided it but found nothing. They abused my wife and
daughters and daughter-in-lae.
After a couple of days, the Punjab Police came and took me and my
eldest son Gurvinder Pal to Jondiala, P.S. and released us after a
couple of days. Another of couple of days, the Punjab Police came
again and took away two of my sons Gurvinder Pal and Tejinder for
interrogation and detaind them at Rayya P.S. for 20 days.
But we were not to have peace. A couple of days after Gurvinder and
Tejinder's removal, came the army, who took me, my son-in-law adn
the son of my brother-in-law to the Army camp at Satwiala College,
Babe BAkola. We were made to sit in the hot sun. We were
terrorised and them released."
The old man said with the great bitterness, "We are gulams (slaves).
Whenever they made signs, we are taken."
4. Kashmir Singh s/o Gajjan Sing, r.o Vill & P.O. Baba Balia, P.S.
Beas, Distt. Amritsar, aged 50 years - Interview with Smt. Jasbir
Kaur, 45 years, wife of Kashmir Singh.
"My husband went to Darbar Sahib for the Guru Purb. He did not
return for about a month, when I learnt from a policman who came to
tell me that he had been arrested and was in Nabha Jail. I went to
see him on 20.7.84 and heard that he had been picked up from Bazaar
Kathian on June 6." (Obviously, he too like Bhupinder Singh of Rayya
who was arrest from outside the State' a middle aged small farmer
hardly owning one and half acres of land and four small children to
feed and not belonging to any political organisation. He was to
dangerous to move about freely and knew so much that he ahad to be
repeatedly tortured at Lodha Kothi. "He was taken twice to Lodha
Kothi and tortured for 12 days each time by the wellknown methods."
"I met him again on October 31. Since then I have not been able to
see him since I am too poor to afford it."
5. RAM SINGH, s/o Late Makhan Singh, r/o Vill & P.O. Baba Bakola,
aged 30 years - His uncle Sulakhan Singh (who looks after the
family) was interviewed:
"Ram Singh is the only son of widow. He has only 1/9 acre of land,
belongs to a poor peasant family. He has studied only upto class 8
and was employed in a small capacity inthe Government depot. He is
a bachelor.
He had gone to Darbar Sahib for the Guru Purb. He was arrested from
Golden Temple charged, with 'waging war', taken to Amritsar and
Nabha Jails and is now in Jodhpur jail. There was never any case
against him. He was extremely well-behaved. He is totally
innocent.
The police have been coming and repeatedly interrogating his mother
and uncle.
6. GULZAR SINGH s/o Late Arjun Singh, r/o Vill & P.O. Baba Bakola,
aged 33 years - Interviewed his uncle Rattan Singh, a granthi.
They have a joint family. Gulzar is married and has a little girl,
aged one and a half years. He is a precher and noes the Akhand
Pathe in the Gurudwara. He went to Golden Temple for Guru Purb and
was arrested from there and chrged with 'waging war against the
State'.
Gulzar is a simple person. He studied in a orphanage in Amritsar.
7. MANJIT SINGH s/o Bawa Singh
8. RANDIR SINGH s/o Mangal Singh
9. RANDIR SINGH s/o Bahadur Singh
r/o village Dehriwal, Kiran, P.S. Kalanpur, Distt. Gurudaspur.
These 3 young boys tood the village donationof grain to Darvar Sahiv
for the Guru Purb but were arrested and charged with 'waging war
agains the Stat' and are now proclaimed as terrorists and lodged in
Jodhpur Jail.
10. BAKSHSI SINGH, s/o Hon. Capt. Ram Singh, r/o Vill. Butala, P.S.
Dhilwan, Distt Kapurthala, aged 43 years.
Interview with Bakshish Singh's sister, Smt. Hardev Kaur, a widow
with two children.
"My brother Bakshish Singh was amanager of Punjab & Sind Bank branch
at Guru Ramdas Werai, Golden Templ, Amritsar. He was receiveing a
salary of Rs. 3000 per month. He was a devout Sikh, had taken Amrit
and used to preach in the villages and exhort people to take Amrit.
He was very generous and used to help people.
Our mother is 65-year-old and father is ill and now in Patiala
Hospital. We have no land.
On June 7, 1982 my brother had organised a religous meeting at the
village, but he did not speak. Early the next day he was arreste
for the first time in his lfie, on a false report that he was
propagating Khalistan. He was detained at P.S. Dhilwana and then
sent to Interrogation Center, Amritsar for noe week, where he was
severly beaten. Later he was tkaen to Kapurthala jail and was
release donly afer 1 year between June 1983 and May 1984 when
Bakshis rejoined his work at he Punjab and Sind Bank, Amritsar.
On June 1, 1984 Bakshis had gone to the Golden Temple with hsi wife
for here treatment for tumour and ther were in Guru Ram Dat Serai,
from were both were arrested on June 6. His wife was taken to
Jallandhar jail, kept therre for 22 days and then taken to Hospital
and operated upon.
Bakshish Singh was first taken to Amritsar Jail and after two months
in Mabha Jail and afer 7 months there, and mercilessley tortured at
Lodha Kothi were he was kept for 15-20 days, ant then he was shifted
to Jodhpur Jail on January 11, 1985. We have not met him since
then.
The family is so impoverished that Bakshish's tow sons could not
continue thier studies. The elder son (Iqbal) alon with hsi mother
are in Patiala Rajindra Hospital suffering from mental depression.
The Bank had not paid Bakshish Singh anything and has shown him as
absent. We have about 5 to 6 acres of land for the entire joint
family.
We are being constantly harassed. Earlier the Army used to come and
interrogate us and now the polcievisist us every other day."
We have here documented for the first time eye-witness accounts of
what really happened when the Indian Army attacked the Golden Temple
complex in the first week of June 1984. Is is one of the most fory
and tragic chapter in the entire history of modern India. The
brutalities, the killings, the desecration and destruction of their
most sacred place, has left a most bitter memory and feeling of deep
resentment in the mind of every Sikh.
4. SOME RETROSPECITONS
At the end of it all, two questions are asked by the Sikhs of
Punjab. Was the Army action necessary and unavoidable? Secondly,
if unavoidable, could it not have taken a different form, avoiding
all the destruction and the blood shed and the brutalites?
Kirpal Singh, President of Khalsa Dewan, Amritsar, told us - "If the
government had been sincere in its efforts in solving the Punjab
problem, it would have solved it long ago even before the Blue Star
Operation, and there would have been no cause for the Akalis and
others to orgainise Morchas of the thousands of the people, from
time to time, and the extremists would have been isolated and it
would have become known as to who were the extreamists, what kind of
men they were, and what they had been doing. The Government could
have negotiated with them. If the Government could talk with
Laldenga of Mizos and extemists of Nagaland, who had been fighting
with our military for the last 31 years, then what was the
difficulty in talking to the extremists of Punjab and asking them
what they wanted, what they were fighting and why they were
collecting arms?"
Similarly, S.S. Bhagowalia who is the Vice-President of the
Association fro Protection of Democratic Rights (Punjab) was
extememly forthright, "when the government in 1948 could control and
capture Hyderabad from the Nizam who wanted to seceede from
independent India without any violence and killing of the common
people, why this Government could not capture Bhindranwale with
tact, without any damage to the Golden Temple? This has created
tensions and anger amongst the minds of the people". Surinder Singh
Ragi gave another example - "The Indian Army had captued 93,000
soldiers of Pakistan army in Bangladesh in 1971 without bloodshed.
Was bloodshed then absolutely necessary at the Golden Temple to
flush out a hundred or so terrorists?"
Hazara Singh Vadale, and employee of the SGPC, echoed a common
sentiment. "The way the government of Independent country attacked
the Golden Temple reminded us of the medevial time when our religion
was attacked and we are persecuted. Thousands of women, children,
pilgrims, had gathered here on June 3 for Guru Purb. They had no
connection with politics, why they shot down?"
Kirpal Singh elaborating on the excesses committed said: "At the
time of Blue Star Act, it could be known how many died of those who
were fighting with the military but the fact is that due to Guru
Purb Day hundereds of pilgrims had come and were staying in the
premises of the Darbar Sahib. There were children and women among
them. These pilgrims were unarmed and the military attacked them
and killed them. Thereafter the military did not allow their dead
bodies to be cremated by the relatives nor handed over the same to
them. Their dead bodies were insulted. No effort was made to
record their names and addresses. Now it has created a lot of
problem. For example, if any deceased has any insurance or bank
balance or any land dispute, his heirs require death certificate but
in absence of any record of it, they did not get any compensation.
Even in the history of military wars, the people are allowed to take
the dead bodies from each others territories by showing white flags.
When General Dyer killed people in Jallianwalla Bagh, he also
allowed the dead bodies to be taken by the relatives."
Shiv Singh Khauspuri, 65 years, a memver of the S.G.P.C. from
Gurdaspur district, said, "It was the duty of the State to identify
the bodies of those who died in Operation Blue Star. Afer the
Jallinwala Bafh massacre, the British Government identified those
killed, handed over their bodies to the next of kin and paid Rs.
2000 as compensation for every person killed in the incident.
Whereas in Blue Star Operation, the present governemnt of an
apparently independent country have not only not identified those
killed or missing, rather they are harassing and persecuting the
families and friends of those who are reprotedly missing."
S.S. Bhagowailis throws ligh on the efforts of the Government to
suppress information. "The doctors who conducted the post-mortem of
the victims of the army action at Golden Temple were simply
terrorised. If there were 20 bullets in a body, they were forced
to record only two bullet wounds, under the threat of being shot."
This only indicates the extent of massacre that took place and the
ferocity with which the Army undertook the operation. The common
feeling in Punjab is that it was indeed not an Operation against
Bhindranwale and other terrorists, it was an attack on the Sikhs "to
teach them a lesson" so that they would never angain raise their
head or voice of protest.
PART III
THE BLACK LAWS: CHARTERS OF SLAVERY
A DISILLUSIONMENT
When the British tried to crush Indian dissent by passing more
drastic black laws like the Rowleatt Act in 1919, Gandhi gave a call
of 'Satyagraha' and it was Punjab which gave the most powerful and
militant resistance to such alien repression showing remarkable
Hindu-Muslin-Sikh unity. The historical Jallianwala Bagh massacre
in Amritsar took place on 13th April 1919 which formed a turning
point in Indo-British relations almost as important as the mutiny of
1857. Stanley Wolpert comments, "... On April 13, 1919, Amritsar
(Nectar of Immortality), a city sacred to the Sikhs of the Punjab,
was transformed shortly before sundown into India's first national
urban shrine." (Jinnah of Pakistan by Stanley Wolpert, page 64).
Martial law was promulgated in Amritsar, Lahore and a number of
districts in Punjab on 15th April 1919. Special Courts and summary
courts were appointed. Arrests, improsonment and executions on a
big scale took place. Martial Law lasted from 15.4.1919 to
11.6.1919 during which whole of Punjab was isolated from rest of the
world by a rigid censorship.
Those who suffered and faced gallows during freedom struggle in
Punjab resisting British repression could never have imagined that
Punjab would have to face again the same kind of repressive laws,
even more drastic, in free India against which they were revolting!
It is a sad commentary on the functioning of Indian democracy that
the same kind of repressive laws which used to be condemned as
Charters of Slavery during British time are being enacted in one
form or other in Free India. Though Indian Penal Code and other
laws already provide for all kinds of offences like, sedition,
waging war against the Government and acts of Terrorism, the
Maintenance of Internal Security Act, popularly known as MISA, was
passed in 1971 with the avowed abject of preserving national
security, but we know how this Act was used against political
parties, Trade Union workers and other innocent activists.
The same government of free India has now passed the National
Security Act, 1980; the Punjab Disturbed Areas Ordinance, 1983;
Armed Forces (Punjab & Chandigarh), Special Powers Act, 1983; The
Terrorist Affected Areas (Special Courts) Act, 1984 and now the
Terrorist and Disruptive Activities (Prevention) Act, 1985. Our
investigation has revealed that these Acts are being widely used in
depriving the people of Punjab of their civil liberties and
fundamental rights and have given a free hand to the police and
other para military forces to torture and harass the simple village
folks for ulterior purposes.
NATIONAL SECURITY ACT 1980
In spite of the harrowing experience of MISA, the present ruling
party passed the National Security Act in December 1980. The object
and reasons proclaimed for the said Act were:
1. In the prevailing situation of communal disharmony, social
tensions, extremist activities, industrial unrest and increased
tendency on the part of various interested parties to engineer
agitation on different issues, it was cosidered necessary that the
law and order situation in the country is tackled in a most
determined and effective way. The anti-social and anti-national
elements including secessionists, communal and pro-caste elements
and also other elements who adversely influence and affect the
services essential to the community pose a grave challenge to the
lawful authority and sometimes even hold the society to ransom.
2. Considering the complexity and nature of the problems,
particularly in respect of defence, security, public order and
services essential to the community, it is the considered view of
the Government that the administration would be greatly handicapped
in dealing effectively with the same in the absence of powers of
preventive detention.
Through this Act the Government acquired powers for preventive
detention of such persons who posed a threat to the defence or
security of India and maintenance of public order. However, the
developments from 1980 to 1984 shows how the Government tackled the
deteriorating law and order situation in the country, in spite of
its resolve to tackle the same 'in a more determined and effective
way'. The activities of Sant Bhindranwale and his various associaes
were wellknown to the Government but the National Security Act was
never revoked against him. But how more draconian amendments were
made in it after Blue Star Operation and how the same were used
against innocent citizens will be seen subsequently.
BLUE STAR OPERATION & RIGID CENSORSHIP
Then came the Blue Star Operation, and rigid censorship was imposed
in Punjab. There was no independent and reliable source of news
about the happenings in PUnjab. The rest of India and the world
could know about the situation in Punjab only through the government
sponsored news. Any journalist or other independent person, who
tried to discover the truth, was charged with sedition. There is
the case of Brahma Chellaney, Correspondent, Associated Press of
American who was arrested and is now being persecuted by the
Government for reporting unpalatable news about the official
conduct. At the start of the Blue Star Operation, a large number of
foreign and Indian journalists had been runded up and forced to
leave Amritsar in a military convoy. A party to the dispute became
its own witness and its own judge in its own case.
If the Government's intentions were honest and it had nothing to
hide, then why did it not allow independent observers, journalists
and other neutral persons to watch with their own eyes as to how the
conflict between the two sides developed and how both of them
conducted themselves during the course of the attack? Even during
international wars and battles journalists are allowed to cover the
same, but in this Blue Star Operation by the Indian Army against its
own citizens, majority of them being innocent pilgrims--the
Government did not allow any neutral journalist or newsman. In such
circumstances, the following portion of the eye witness account
given by the 'girl student' who was trapped in the Golden Temple
along with her family, becomes significant:
"...I could not drink the water because it was mixed with blood.
Immediately then Bhai Amrik Singh sent us a message that all of 'you
must try to get out of the golden Temple because you are innocent.
If you are captured by the army, they would not spare you because
whosoever is captured by them--whether boy, girl, old or child,
would be a terrorist for them and would be shot. Therefore you must
try to get out somehow so there would be somebody to tell outside as
to what actually happened inside. They are making so much false
propaganda about us and therefore you msut get out to tell the real
truth".
During this rigid censorship all kinds of wildest and exaggereated
rumours spread in Punjab as well as outside. We already had such
experience of 'rumour mongering' during Emergency. While All India
Radio and Television blurted out the government propaganda, which no
Sikh would believe, the newspapers--national or local--had no
independent source of information to provide to the public. In the
absence of any reliable source of information, the Sikh and non-Sikh
opinions stood divided on opposite extremes. The Sikh masses were
led to believe that the government had completely destroyed the
Harmandir Sahib and occupied it and had deliberately insulted Guru
Granth Sahib by defiling and burning it. The other news like
destruction of Akal Takht and killing of innocent pilgrims were
accompanied by all sorts of exaggerations. Resentment and anger
began to develop fast and Akali Dal gave a call to the Sikh masses
to organise into 'Jathas' and march to Amritsar to liberate Golden
Temple from the clutches of the 'Satanic forces'. In the words
Swarn Singh, aged 65 years and Sarpanch of Jefferwal village:
"Meanwhile Akali Dal had given a call to liberate premises of Golden
Temple and Morcha had to be started from 17.7.1984 for this purpose.
There were large number of arrests on the eve of this and I was also
arrested on 14.7.1984 under section 107/151/IPC and was kept in the
Gurdaspur Jail for 15 days and then bailed out."
The news of the attack on the Golden Temple, the rumours of
destruction of Harmandir Sahib and defiling of Guru Granth Sahib had
a traumatic effect on the Sikh soldiers. The training and
traditions of the Sikh Regiments are nurtured on religious tenets
and before being inducted into the Army as a trained soldier, a Sikh
has to take the oath of allegiance by physically touching with both
hands the Guru Granth Sahib. Lest a Sikh soldier falter in keeping
his vow to die fighting in the thick of the battle for the honour of
the country, the Guru Granth Sahib accompanies the battalion into
the battle-field. And the same Guru Granth Sahib, the Sikh soldier
was informed, was now being trampled upon under the booted feet of
the Indian Army inside the Golden Temple and other Gurudwaras in
Punjab. Many of them went out of their mind and started to march to
the golden Temple to defend their faith, without which their very
existence seemed meaningless to them.
Bhindranwale became a sort of martyr in the eyes of the Sikh
masses--not because he extolled violence and terrorism, but because
he had died fighting in defending their faith. Folk-songs
eulogisting the brave fight given by Bhindranwale and his
associates, and atrocities committed by the Indian Army during the
attack on the golden Temple began to be sung in the villages and
cities. The folk-song named 'SAKA' sung by famous Nabha ladies, who
were arrested later on, became very popular. The song narrated as
to how the Sikhs had sacrificed most for the freedom of this country
and how they were being killed by bullets and cannon fire, and if
they wanted to save their pugree and beard, they had to stand and
fight.
As the peoples movement began to gather strength, the Government
retaliated by passing the more brutal and draconian laws like the
Amendments in the N.S.A. and the Terrorist Affected Areas (Special
Courts) Act, 1984.
AMENDMENTS IN THE NATIONAL SECURITY ACT
The National Security Amendment Ordinance No. 5 was issued in April
1984 by which a detenu may remain in jail for fifteen days without
knowing the reasons of his arrest and without having any effective
remedy because the period of furnishing the grounds of detention was
extended to 15 days. Further the procedure for submission of the
case of the detenu was amended in such a way that a detenu will
undergo imprisonment for a period of six months before his detention
could be found unjustified by the Advisory Board.
The National Security Amendment Ordinance was issued in June 1984 by
which Section 5-A was introduced in the Act which provided even if
detention order is based on several grounds, it shall be deemed to
have been made separately on each of such grounds. Thus the detenu
now has to challenge each of the ground of detention in order to get
himself acquitted. The another important amendment in this,
ordinance is that after the revocation or expiry of a detention
order, another detention order can be issued even if no fresh facts
have arisen, provided that total period of detention does not exceed
one year.
Thus the Government acquired arbitrary and repressive powers in its
hands by the above amendments in the said National Security Act.
The government officials started arresting the people at their whims
and fancy, and there was almost no check on their arbitrary actions.
Following are the few examples of the arbitrary manner in which the
National Security Act is used.
(a) Giani Puran Singh, who is a Granthi at Akal Takht was arrested
in FIR No 263/84 on 30.9.1984 under section 124 and 153A and he was
released on bail after three months. He was again rearrested after
one month and is still in Amritsar jail. He was involved with 10
others in the said case but none of them was named in the said FIR.
(b) Mrs. Rajinder Kaur, President, Stri Akali Dal, Punjab, made a
speech on 14.9.1984 in a Gurdwara in which she said, "...We want a
place where Sikhs could have breath of freedom." Then she asked
people to raise their hands if they approved of such a place. One
lady Mrs Harbhajan Kaur Khalsa raised her hand. She was arrested
under the National Security Act, though Bibi Rajinder kaur was not
arrested. She was able to get bail only in February 1985.
(c) Shri. G.S. Grewal, Advocate, Shri Manjit Singh Khera and Shri
Joginder Singh Sahni attended a small meeting in a Gurdwara in
Chandigarh on 8.6.1984. Students felt agitated and they wanted to
take out a procession. These three and some other elderly persons
were persuading them not to do so. During his speech Shri G.S.
Grewal said, "...The weapons which are being shown by the army are
not there likely to be the ones used by the terrorists. In that
case there would have been more resistance than they are telling us.
We must rehabilitate and help families killed in Blue Star and
collect funds."
Shri Manjit Singh Khera said, "Our struggle has not ended. It has
just begun. We must sit quietly and decide how to carry on our
agitation rather that just emotionally agitate."
Joginder Singh Sahni said, "Next week we will commemorate the
operation. Then we can wear black turbans."
All the above speeches were objected to as sedition and all of the
three were apprehended under NSA.
In the said meeting only resolutions were passed and one resolution
said, "Deserters have deserted because their sentiments were
touched. Their cases should be looked at sympathetically and their
families should be looked after." This resolution was also objected
to and there was harassment of all those who participated in the
said meeting.
Thus the people were being, and still are, prosecuted for merely
expressing their resentment and views which is one of their
fundamental rights. The time honoured truth of a democratic system,
that "the ultimate good desired is better reached in free trade in
ideas that best test of truth is the power of the thought to get
itself accepted in the competition of the market," has been
rejected (Mr. Justice Holmes in Abrams Vs. United States --250 US).
In a democracy it is an insult to the people to think that they
cannot be trusted to read or hear or understand or to discriminate
among various points of views. Gandhi believed if rights of
minorities are to be respected, the majority must tolerate and
respect their opinion and action.
WAGING OF WAR AGAINST THE GOVERNMENT OF INDIA
It was claimed by the government that 1592 civilian/terrorists were
captured from inside the Golden Temple and 796 from other religious
places. These civilians were charged with waging of war against the
Government. A great majority of them were innocent pilgrims and if
they were tried in the ordinary courts, they would have easily
proved their innocence and got themselves released on bail and
acquitted. And if it was proved subsequently that there were only
near about dozen of terrorists among the captured, the government
action would have become a mockery that it had to use military to
capture such an insignificant number of terrorists. According to
Shri S.S. Bhagowalia, advocate, Bhindranwale's men were only 140 to
150 and about 80% of them had run away from the Golden Temple at the
start of the Blue Star Operation. Therefore charges of waging war
etc. were foisted on by the government on thousands of innocent
civilians apprehended during the operation, in order to justify the
government action. Therefore in order to ensure that these innocent
accused do not get any relief entitled to in an ordinary courts,
National Security Act was amended in June 1984 and Special Courts
Ordinance proclaimed. Following are a few examples to show the type
of terrorists captured from the Golden Temple:
1. Kanwaljit Singh: He is a 20-year-old student of Khalsa College
(evening), Delhi whose father Satnam Singh runs a provisions store
at Lawrence Road, Delhi. He had visited the Golden Temple on June 2
and wanted to return to Delhi but found that all the outgoing trains
wre cancelled and therefore both of them were forced to stay at the
Golden Temple at Guru Ram Das Serai. Kawaljit had to miss his
interview at Delhi with the Institute of Bank Management on June 3
morning and his examination with the State Bank of India the same
afternoon. He was captured by the army along with the other
pilgrims and is still under detention in the Jodhpur jail.
2. Bakshish Singh: He was manager of the Punjab & Sind Bank branch
situated at Guru Ram Das Serai, Golden Temple. He was receiving a
salary of Rs 3000 p.m. He had taken his wife to the Golden Temple
on June 1, 1984 for her treatment for tumour and they were staying
in Guru Ram Das Serai from where both of them were arrested on June
6. His wife was taken to Jalandhar jail, kept there for 22 days and
then taken to Hospital and operated upon and then released.
Bakshish Singh, aged 43 years is still in the Jodhpur jail.
3. Raminder Pal Singh, Aged 20 years. He is the son of Shri
Harcharan Singh Ragi who is an employee of the SGPC. His family has
its residential quarters in Parikrama Scheme in the golden Temple.
Finding themselves unsafe in the midst of the firing, the family,
along with some other employees took shelter in the basement of the
Information Office. Raminder Pal Singh was arrested on June 6 along
with others and is still in the Jodhpur jail. Extremely studious
boy, he also took his B.A. II year examination from the Jodhpur
Jail.
4. Kashmir Singh, s/o Gujjan Singh, r/o village Baba Bakola, ages 45
years: He had gone to Darbar Sahib for Guru Purb. He has only one
and half acres of land and four small children to feed. His wife
learnt after one month that he was picked up from Bazar Kathian on
June 6 and was falsely implicated as 'waging war against the State'
and was shown to have been arrested from inside the Golden Temple.
5. Bhupinder Singh, s/o Jiwan Singh, aged 22 years, r/o villge
Rayya, Distt.Amritsar. He used to manufacture steel almirahs. He
was arrested from Kathiwali Bazar on June 6 in Amritsar but was
shown to have been arrested from inside the Golden Temple.
6.Manjit Singh s/o Bawa Singh
7.Randhir Singh s/o Mangal Singh
8.Randhir Singh s/o Bahadur Singh
r/o village Dehriwal Kiran, P.S. Kalanaur, Distt. Gurdaspur:
These three young boys, like hundreds of others, took the customary
village donation of grain to Darbar Sahib on the eve of Guru Parb,
where were trapped inside the Golden Temple and are now lodged in
Jodhpur jail as terrorists.
And there are several cases like that. All these accused numbering
more than a thousand have been charged with 'waging war against the
State' and are detained under the National Security Act.
THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT 1984
This Act, hereinafter referred to be as the Special Courts Act, was
enacted in strange circumstances. Blue Star Operation in June 1984
claimed to have successfully curbed terrorism but soon after one
month of the said Operation, this Act was passed in the form of a
Presidential Ordinance on 14th July 1984 with the ostensible purpose
of curbing and controlling the menace of terrorism.
The avowed object of the Special Courts Act was declared to provide
for speedy trial of certain offences in the terrorist affected
areas, but in practice the Act is most dilatory, and tortuous. A
host of offences have been listed in this Act as scheduled offences
which are already covered by the Indian Penal Code. The Explosives
Act, the Arms Act, the Telegraph Act, the Railway Act, the Unlawful
Activities Act, the Anti-Hijacking Act and the Prevention of Damage
to Public property Act. The offences such as waging war, sedition,
abetting mutiny or attempting to seduce a member of the armed forces
from his duty, creating communal hatared, threat of injury to public
servant, harbouring offender, defiling or injuring place of worship
with intent to insult the religion, intentional acts of such insult,
murder, attempt to murder, serious hurt, wrongful confinement,
kidnapping, robbery and dacoity are already provided and punishable
under the Indian Penal Code. All these things even on paper are so
fearful, but in life when used how difficult it must be for a human
being to carry out his every day life. The Government has not
explained as to why it resorted to such drastic measures as this
Act.
There are about 47 courts presided over by the District and Sessions
Judges and Additional Judges and there are only 11 special courts in
Punjab. More than 3/4th work of the regular courts now stand
transferred to these 11 special courts which are overworked as even
ordinary offences without any element of terrorism are being tried
by them. The ordinary adjournment are from 5 to 8 months and it is
beyond any comprehension as to how it can achieve the object of
speedy trial.
The object of 'speedy trial' could very well have been achieved by
establishing additional courts and appointment of more judges to
preside over these courts. But this has not been done. On the
other hand an extra-ordinary procedure has been adopted for the
special courts which is most fanciful, oppressive and arbitrary.
According to section 167 of the Criminal Procedure Code, Magistrate
can give police remand only for 15 days but in the Special Courts
Act this period has been extended to 30 days. Moreover, according
to the Criminal Procedure Code, on the expiry of 60 or 90 days as
the case may be, the accused is bound to be released on bail. But
the Special Courts Act has extened this period to one year. The
result is that the police has been enpowered to deprive an innocent
person of his liberty for a period of one year without even bringing
a charge against him. There have been several cases in which a
person was arrested by the police just to harass and torture him and
after the expiry of 7 or 8 month period in jail, the police has just
withdrawn the case on the ground that no material could be gathered
against the detainee. Though the accused is released in such cases,
but during the period of detention, the family of the accused stands
broken and his means of livelihood deprived.
Following are the illustrative cases to show how the police is
making use of this Act in order to deprive the innocent persons of
their civil liberties:
1. Randhir Singh, s/o Harbans Singh Ghumman, r/o village Ghumman
Kalan, aged about 20 years: Randhir Singh was arrested in Gurdaspur
on 16.8.84 in FIR No. 80/84 dated 2.4.84 u/s 302 IPC of PS Dera Baba
Nanak. After torturing him for a number of days and keeping him in
jail for more than 3 months, the police withdrew the case against
him. The orders of the Addl. Sessions Judge, Batala. Shri R.N.
Moudgil, dated 26.11.84 are as follows:
Present: App accused in custody. ASI Gurpal Singh, P.S. Dera Baba
Nanak, ASI Gurpal Singh who is present in Court states that Narinder
Singh is no longer required by them in this case. His further
judicial custody is not requested. Accused Narinder Singh, be
therefore, released.
Sd/ R. N. Moudgil
JMIC 26.11.84
Contention of Shri Narindar Singh is that he was released because
the police wanted to liquidate him in false encounter and now he
saved himself is described in his statement filed as
Annexure..........3. Since then he is underground.
2. Pargat Singh: Pargat Singh was arrested in June 1984 and he was
able to get his bail when he showed to Court the three different
versions of the police and the military about the recovery made from
him and his arrest. The whole order is reproduced below:
In the Court of Sardar K. S. Bhalla, Judge, Special Court
Judicial Zone, Jalandhar
Bail application No. 668 of 1984
Date of Decision: 11.12.1984
State Versus Pargat Singh, Son of Harbhajan
Singh r/o village Bhullar Hans,
District Amritsar.
F.I.R. No. 143 dated 29.6.1984 P. S. Kathu
Nangal (Distt. Amritsar) U/s 4/5 Explosive
Substances Act
Present: Shri P. S. Hundal, Counsel for the applicant
Shri V. K. Gupta, Public Prosecutor for the State.
ORDER
Arguments heard. In this case under section 4 of the Explosive
Substances Act a hand grenade is said to have been recovered from
the possession of applicant Pargat Singh but there are three
different versions with regard to the recovery. One is provided by
Capt. S. C. Shukla, a commissioned Officer of Indian Army. He in
his written report dated 29.6.84 addressed the SHO, Police Station
Kathu Nangal, states that on receipt of information houses were
searched in village Bhullar Hans and a hand grenade was recovered
from the possession of applicant Pargat Singh. It has not been
spelt out in the report from where the recovery was made and how the
possession of the applicant is fixed so far as the hand grenade is
concerned. The SHO in his turn provides 2nd version through FIR No.
143 of 1984. In that important document it is mentioned by S. I.
Joginder Singh that applicant Pargat Singh on his interrogation,
made a disclosure statement to him at his house in village Bhullar
Hans, which was already secured by Military authroities, leading to
recovery of a hand grenade after digging out of the court yard of
his house.
The light of the day has been shown in the third version in a
Calendar dated 10.7.1984 prepared by an officer not less than the
rank of Inspector Police. SHO, Police Station, Kotwali, Amritsar,
photostat copy of which has been placed on the file by the counsel
for the applicant and existence of which calendar is not disputed.
In the version provided by said responsible officer in that Calendar
under section 107/151 Cr. P. C. It is mentioned that security
forces apprehended the applicant from Golden Temple complex,
Amritsar while fighting after collecting arms and ammunition against
the Indian Government during Military action. If the applicant was
apprehended, during military action which took place in the first
week of June 1984, recovery if any was bound to have taken place at
Amritsar and in the first week of June 1984. In this situation of
the matter for obvious reasons, it is fit case to admit applicant
Pargat Singh to bail and he is, therefore, ordered to be released on
furnishing personal bond with one surety in the sum of Rs. 7000 each
to the satisfaction of Chief Judicial Magistrate Amritsar.
sd/Judge
Special Court, Judicial Zone
Jalandhar
Announced on December 11, 1984
3.
Amrik Singh: He was arrested on 3.7.84 and a case was planted on
him that Amrik Singh was making provocative slogans in a meeting of
100 men audience. In April 1985 the police furnished the names of
two witnesses in the case i.e. Shri Kashmir Singh and Shri Seva
Singh. However, when contacted, these two witnesses, told the
family of Amrik Singh that they had not seen any such incident but
the police had told them that they were witnesses in the case.
These two persons filed their affidavits in the court alleging that
they had not seen any such incident and on the basis of the same
Shri Amrik Singh was released on 3rd May 1985. His statement is
enclosed as Annexure No.2.
4. Rajinder Singh, s/o Subedar Ganga Singh, aged 35 years, r/o
village Narrawali, P.O. & P. Kalanaur, doing private medical
practice He is an Akali activist and was arrested in July 1984 and
was falsely implicated in a case of fire which occurred in a shop in
Kalanaur on 25.11.1983. However, Rajinder Singh had courted arrest
in Akali Agitation and was in jail from 18.9.83 to 26.11.83. He
showed these facts to the Judge and so the judge released him after
15 days dismissing the case of the police.
5. Shri Puran Singh, s/o Fauji Singh, aged 27-28 years, employed as
Assistant Linesman with the Punjab Electricity Board: He was
arrested on September 10, 1984 as he was coming out of duty at 11
p.m. at Kanun and was badly tortured. He was acquitted in February
1985 as the police withdrew his case for want of evidence.
JAIL, NOT BAIL
"Bail, not jail" is the general rule which has been adopted in the
criminal trials which begin with the presumption of innocence in
favour of the accused. The idea behind is this if the accused is
detained before and during the trial, then it has grave consequences
for the accused. Though he is presumed to be innocent till his
guilt is proved, yet he would be subjected to psychological and
physical deprivations of jail life. The jailed accused loses his
job and is prevented from contributing effectively to the
preparation of his defence. Moreover, the burden of his detention
fall heavily on the innocent members of his family. Therefore to
grant bail is the rule than exception. But in Punjab this rule has
been changed into 'jail, not Bail', Special Courts Act has been
framed in such a manner that it is almost impossible for the accused
to be released on bail under it.
One of the most obnoxious features of the Act is the denial of the
rights guaranteed under section 438 of the Criminal Procedure Code.
Section 438, usually called the Provision for Anticipartory bail,
empowers the High Court and the Court of Sessions to grant
anticipatory bail i.e. direction to release a person on bail even
before the person is arrested. According to the Forty First Report
of the Law Commission on the Code of Criminal Procedure Code, the
necessity for granting anticipatory bail arises because sometimes
influential persons try to implicate their rivals in false cases for
the purpose fo disgracing them or for other purposes by getting them
detained in jail for some days. Apart from false cases, where there
are reasonalbe grounds for holding that a person accused of an
offence is not likely to abscond, or otherwise misuse his liberty
while on bail, there seems to be no justification to require him to
first submit to custody, and remain in prison for some days and then
apply for bail. The section is salutary provision which enacts the
mandate of Article 21 of the Constitution of India but the people of
Punjab have been deprived of this salutary provision. The numerous
cases mentioned in the report elsewhere show that how the deletion
of section 438 of the Cr. P.C. for the people in Punjab has brought
misforture and havoc for the innocent persons. The case of Shri
Paramjit Songh Sidhu, Advocate at Jalandhar, is also illustrative of
this. Though this advocate has been daily practising in the
Jalandhar Court and there is no likelihood of his absconding yet the
police has raided his houses several times in his absence and tried
to arrest him on false charges. His only crime is that he is
valiantly fighting for justice for the several innocent citizens who
have fallen victim to the police rapacity. It is with great
difficulty that he has been able to save himself from the malafide
detention, but there is no security in future so long the Special
Courst Act exists.
Further, when person is arrested, to make it almost impossible to
secure his release on bail, it has been provided in the Act that the
Court, while making an order must be satisfied that there are
reasonable grounds for believing that such an accused is not guilty
of such an offence and that he is not likely to commit any offence
while on bail. Which court will take such future guarantee for an
accused?
EVERYONE GUILTY TILL PROVED INNOCENT
Section 20 of the Special Court Act puts everybody in jeopardy and
the dreaded sword of Damocles hangs on everybody's head. According
to this section, if an accused person is shown to have been at a
place declared as disturbed area at a time when firearms or
explosives were used at aor from that place to attack or resist the
members of any armed forces or other state forces, then presumption
is there, unless contrary is shown that 'such a person had committed
such an offence.' This section is applicable to offences under
sections 121, 121A, 122, or 123 Indian Penal Code which relate to
the waging of war or attempting to wage war against the Government
of India, conspiracy to wage war or overawe the Govenment of India,
collecting arms with the intention to wage war, and concealing with
intent to facilitate design to wage war. Thus any law abiding and
innocent person can be roped in with the help of these draconian
principles. Such brutal laws have no place in a society which call
itself as democratic and civilised.
AVOIDING THE PUBLIC: TRIAL IN CAMERA
Section 327 of the Criminal Procedure Code provides for open tiral
to which the public generally may have access, because public trial
in open court acts as a check against judicial caprice or vagaries
and serves as powerful instrument for creating confidence of public
in fairness, objectivity and impartiality of the criminal justice.
But the Special Courts Act offends this basic norms of fair trial.
Sub-section (1) of Section 12 under the pretext of protection of
witnesses provides that all proceedings before Special Court shall
be conducted in camera. This provision is serving as a cover for
hiding governmental incompetence and inefficiency and police
brutality.
In order to justify the existence of the special courts, the police
hasbeen hauling up large number of innocent persons, mostly in Arms
Act. More than 80 per cent cases pending in various special courts
in Punjab are under Arms Act because it is easy for the police to
plant a knife or pistol on anyone. Due to trial in camera, the
public has been deprived of the benefit of seeing with its own eyes
as to what kind of terrorists the special courts try. If fthe trial
is done openly, then public can see how the police has been dragging
the innocents, the poor and the deprived. Since under the Speical
Courts Act accused can be detained for one year without charges
being brought against him, and it may take another couple of years
in detention if the trial begins, most of the accused, in spite of
being innocent admit their guilt, on the advice and pressure of the
police. The police does so in order to justify the arrest of the
'real guilty' Convictions in cases under Arms act generally ranges
from 7 to 8 months and the accused therefore after passing 7 or 8
months in jail, deem it better to admit their as the judge of the
Special Court sentences them to imprisonment already undergone and
release them. If these poor fellows do not admit the guilt then
they will have to face trial for 2 to 3 years and remain in jail,
which period will be far longer than they are going to get in
sentence. Mrs. Narinder Kaur, Advocate at Jalandhar, narrated the
following incident, which are usual in the Special Courts:
A very poor, thin young man in tatters was brought before the
Special Court and the police had advised him to make a confession
that he had a knife in his pocket, so that he may be released as he
had already undergone 5 months imprisonment. This incident was in
December 1984.
"Did you have a knife?" the judge asked.
"Sir, I do not have even a shirt to wear" the boy answered in feeble
voice.
"Did you have a knife or not?" the judge asked.
"Sir, I feel severe cold in the night. Please provide me some warm
clothes in the night in the jail", the boy again answered.
The judge again asked in a loud angry voice. "Did you have a knife
or not?"
"The boy then said, in a harassed voice. "Okay Sir, if you say I
had a knife, then I did have a knife."
So the confession was made, the boy released to be roped in again in
future because now he had become a confirmed convict, a confirmed
terrorist.
Following is another instance:
State Vs. Sunder Singh, s/o Kaseru Singh, r/o Batala
Dist. Gurdaspur, clean shaven
U/S 25/54/59 Arms Act
FIR No. 241 dated 26.10.84 P.S. Div. No 6 Jalandhar
Sunder Singh's niece was married in Ludhiana. He was going to
Ludhiana on 23.10.84 to give some gifts and a new wrist watch to his
niece. He also had Rs. 300 with him. While on his way at
Jalandhar, ISI Iqbal Singh asked him to get down from the bus and
brought him to Police Post at Model Town and snatched Rs. 300/- and
the watch from him, and kept him in illegal detention from 20.10.84
to 26.10.84 and gave him severe beating. He also made Sunder Singh
to write a letter for his family to bring money and his family
members came and gave Rs. 400 to the ASI. A small knife was planted
on him and case was registered. As the offence fell under the
Special Courts Act, no bail was granted to him. During his
detention his father died and wife became mental. As more than six
months passed, he decided to make confession in order to be
released. But he could not even make a confession because the
police had not put up challan yet. Therefore, he requested the
Court of Shri Arzinder Singh, Executive Magistrate, directing the
police to put up the challan. The Magistrate directed the police to
put up the challan but the police did not do so. Shri Sunder Singh
again made an application on 18.2.85 for putting up challan and the
magistrate passed an order on it on 19.2.85 directing the police to
put up challan on 4.3.85 and also wrote a D.O. letter to SSP
Jalandhar. But on 4.3.85 also the challan was no put up. Then
Magistrate again ordered for production of the challan in the Court
and also sent his Naib to the police station. However, the police
informed that the said challan was not traceable and the next date
was fixed on 16.5.85 Mrs. Narinder Kaur Varick, Advocate in the case
told that there are several cases like this where the accused wants
to falsely confess his guilt in order to get out of the jail, but
this cannot be done because the police has been avoiding to put up
the challan in the Court on one pretext or the other.
WHO IS A TERRORIST?
The people of Punjab, especially the Sikhs, have been smarting under
the weight of the terrible onslaught of the definition of
'terrorist' flung over them under this Act. At the time of the
promulgation of the said Act, the people of India were led to
believe that the object of the Act was to deal with the terrorists
only. But the Act is framed in sucgh a manner that even petty
crimes, family disputes, individual offences, which have no element
of terrorism in them, are being tried under the Special Courts Act.
One example is the case of 'State Vs. Girdhari Lal in Jalandhar
Special Court. Girdhari Lal was only 16 years old and was working
in a shop of Surgical instruments'. His proprietor had a dispute
with his neighbour over the shop building which belonged to the
Waqf. The other party, with the help of the police, got Girdhari
Lal implicated in a false case under Arms Act. A small knife was
planted on him. The police generally plants a knife on a Hindu and
a pistol or Barchha on a Sikh. Girdhari Lal could come out only
after making a confession before the Special Court, after remaining
in jail for about 8 months.
Another very important illustrative case is of Toti alias Jaspal
Singh Vs. State of Punjab, which is pending in the Supreme Court.
The facts of the case are taht on 15.7.84 at about 12.30 p.m. some
accused, namely Toti alias Jaspal Singh, Bhajan Singh alias
Harbhajan Singh, Harbans Singh and Harjeet Singh had a quarrel with
Harvinder Pal Singh (since deceased) over the distribution of
'langar' at the Gurdwara of Ramgarhias, Jallandhar. After about 2
hours, the said accused waylaid Harvinder Pal Singh and one Randhir
Singh near their houses. While Harbans Singh allegedly gave a fatal
spade blow to Harvinder Pal Singh, Toti and Bhajan Singh allegedly
gave two blows with sticks each on the person of Randhir Singh and
injured him. After being arrested, all the aforesaid four accused
filed bail applications in the court of Shri Jai Singh Sekhon,
Sessions Judge, Jalandhar. The Judge accepted the bail of Toti and
Bhajan Singh but refused bail to other accused. The Judge observed
that the case of Toti and Bhajan Singh stood on a different footing
as they were alleged to have given only simple injuries on the
person of Randhir Singh. The learned Sessions Judge also held that
the act of these two accused did not fall within the definition of
'terrorist' as defined in section 2 (h) of the said Act and that it
was a stray incident.
Aggrieved by the above order of the Section Judge releasing To9ti
and Bhajan Singh on bail, the brother of the deceased filed a
petition in the Punjab and Haryana High Court for quashing the order
of the Sessions Judge and cancellation of the bail, on the ground
that the acts of Toti and Bhajan Singh fell within the definition of
'terrorist' as defined in the Special Courts Act and therefore the
Sessions Judge had no jurisdiction to hear the matter and only
Special Court had jurisdiction over the same. This petition was
heard along with similar other petition CRP No. 1292 of 1984 in the
case of State of Punjab Vs. Piara Singh and the High Court disposed
of both the petitions with the common judgement on 21.9.1984.
Justice M. M. Punchhi, the learned judge of the High Court quashed
the order of the district and Sessions Judge holding that the said
Sessions Judge had no jurisdiction to hear the said bail
applications because the offences were covered under the Terrorist
Affected Areas (Special Courts) Act 1984. The judge further declare
that the purpose of the Special Courts is not only to try the
'terrorists' but also other accused who have committed the scheduled
offences. The judge ssaid, "...It is a fallacy to say that the
special courts are set up to try speial offenders. They have been
set up rather to try scheduled offences committed by offenders,
whether terrorist or non-terrorist."
Therefore while general impression has been created in the rest of
India that special courts have been established to try special
offenders i.e. the terrorists, but the fact is that these courts are
mailnly busy in trying the cases of the non-terrorists. The Special
Courts Act has been so vaguely worded that even the offences of a
purely private nature like murder or injury in a domestic quarrel
which do not have any element of terrorism in them are being tried
by the Special Courts with the sole purpose of harassing the public.
The appeal pending in the Supreme Court has one of the groundds,
amongst others, that there is a discrimination patent on the face of
the Special Courts Act. in as much as whether an offence has a
connection with terrorist activityor not the accused concerned have
been clubbed together with persons charged with offences involving
terrorist activities and therefore this Act becomes ultra-vires and
unconstitutional being violative of the Articles 14, 19, 21 and 22
of the Constitution. Another writ petition challenging the
constitutionality of the Special Cours Act has also been pending in
the Supreme Court since October 1984. As the Supreme Court has not
yet pronounced any judgement in the aforesaid two cases, many people
in Punjab are feeling very bitter and sore over this delay in the
Supreme Court because the decisions in these cases are going to have
a great bearing on the fate of the people of Punjab.
A FUTILE CAUSE
The ruthless repression in Punjab has been inspired by the belief
that the so-called Punjab extremists are being aided and encouraged
by the foreign power. It would not be out of place to mention
similar parallel during the British repression of Punjab in 1919.
At the time also there was a belief in the government circles that
the Punjab was on the verge of rebellion, and extremists in Punjab
were being aided by German, Afghan and Pan-Islamic agents. However,
in their secret correspondence, Sir C. R. Cleveland, the Director of
the government of India's Intelligence Bureau, wrote to M. L.
Robertson, Bombay, Inspector General of Police on May 23, 1919--"So
far no trace of organised conspiracy have been found in the Punjab.
There was organised agitation, and then in particular place the
people went mad. I am sorry to say taht the Times of India and the
Pioneer have committed themselves to the theory of Bolshevism or
Egyptian instigation for our Indian troubles. I have satisfied
myself that they have no evidence worth the name to support the
theory."
While the Indian national Congress had appointed its own committee
known as the 'Congress Punjab Inquiry Committee' to investigate into
Punjab atrocities, the British Government had to appoint its own
commission, known as the 'Hunter Commission' for the same purpose on
public demand. Even the Hunter Commission in its report agreed that
"there was no evidence to show that the outbreak in the Punjab was
part of a pre-arranged conspiracy to overthrow the British
Government in India by force." However, at present, thousands of
Sikh youths are imprisoned in various Punjab jails in the country on
the charges of waging of war against the Government--entirely on the
basis of one-sided version. The Government of the free India does
not even see the need of some impartial agency to investigate into
Punjab distrubances on the lines of the 'Hunter Commission'.
The Indian National Congress held its next annual session at
Amritsar on 25 December 1919 to mark its protests against Punjab
atrocities. However, at the same time, King of England issued a
Royal proclamation which announced political amnesty and expressed
admirable sentiments. "Sor far as possible", King George Vth had
declared, "any trace of bitterness between my people and those who
are responsible for my government should be obliterated." The Royal
Proclamation came as a balm to the assembled leaders at Amritsar.
They expressed their 'humble appreciation' of the Proclamation.
"This is a document", affirmed Gandhi, "of which the British people
have every reason to be proud and with which every India ought to be
satisfied."
But now in free India, on comparison, the attitude and actions of
our present rulers seem to be worse that those of the British
Government in relation to Punjab. In spite of the recent
Rajiv-Longowal accord, thousands of innocents are languishing in
different jails in the country, and the cases of the other thousands
of innocents are simply going to be transferred from special courts
to the ordinary courts. This second gesture of transferring cases
from special courts to the ordinary courts has not much meaning in
effect because the period of keeping an accused in detention for one
year without submitting challan was soon going to be exhausted in a
month or so in most of the cases and a large number of them were
automatically likely to be released because of the failure of the
police in submitting challan within the prescribed time of one year.
It is also worth metioning that before deciding not to extend the
term of the Terrorist Affected Areas (Special Courts) Act, 1984
(this does not effect the pending cases) beyond July 1985 the
Government armed itself with another repressive measure i.e. The
Terrorist and Disruptive (Prevention) Act, 1985 in May, which
contain similar draconian provisions as in the former Act. In the
latter Act, the Special Courts are going to function under the label
of 'Designated courts". Moreover, another dreadful Black Law i.e.
National Security Act, still hangs over the heads of the people like
the Sword of Damocles.
While discussing constant attempts of the Government to use such
Black Laws for continuous repression of the people, one old man
remarked:
(NASHEMAN PAR NASHEMAN IS KADAR TAMIR KARTA JA, KI BIJLI GIRTEGIRTE
KHUD BE JAR HO JAYE)
You go on building your mansions
in such a manner,
that the thunderbolt, after repeated attacks,
becomes tired and exhausted.
ANNEXURE 1
Statement of Shri Baljinder Singh son of Shri Mahender Singh,
(Grandfather Dalip Singh), aged about 20 years, village Ladha Munda.
I was apprentice in N.S. Valsura, Jamnagar, Navy Training Centre,
since January 1982. I remained in the Centre till December 1983 and
upto that period my record had been neat and clean, and there was no
problem with me with the authorities. I was also for six months in
the ship and my record was also neat and clean there. Then I again
came to the Centre in June 1984. On 4th June 1984 I asked for leave
for ten days. The Division Officer told that there was no leave for
Punjab. I said I had not received any letter from Punjab and I was
worried because my village is near Mehta Chowk which was in trouble.
I apprehended that my parents had got some problem and that was why
I had not received any letter from there.
I left the centre unofficially on 12th June 1984 without leave and
came to my family in Punjab, and then went back and presented myself
for duty on 23rd June 1984 at the centre. The officials tortured me
by asking harassing and insulting questions. The officers gave me
punishment as confinement in the cell for 7 days and I was further
given punishment No. 8 for 28 days i.e. one hour extra work daily
and four times reporting to the officer daily for 30 days. My pay
and allowance were also cut. Thereafter everything seemed to be all
right. I came back on leave to my village in December 1984 and
joined back on 21.1.1985.
Everything was okay at that time but once I had to give a statement
against a trainee from Haryana. One Senior Division Chief also
belonged to Haryana and he threatened that why I had given a
statement against his 'gaonwala' (village person) and said "you
shall see the result now." Then he started complaining against me
to the Senior Division officer that I was very punctual in going to
Gurdwara. Whenever I get up early and wear Kirpan, he would
complain against me. My Division Officer would ask me, "Which
Kirpan you are wearing? Show us." I showed him. He warned me that
if I got involved in any case, I would be discharged.
Once on 1st April 1985 there was fighting between two divisions in
the morning. I was only standing in verandah and watching. During
investigation there was in identification parade, the injured man
told the Regulating officer that I was present at the incident but I
did not fight. But the authorities made a false case against me that
I had fought and gave me discharge letter on 4.4.1985, without any
warning. While discussing punishment, I came to know, that it was
decided that I would be given punishment No. 10 for 14 days and
punishment No. 1 for 28 days, but suddenly and surprisingly, the
commanding officer did not ask me anything on the table and game me
the following discharge letter:
"Summarily tried by the commanding officer and discharged from
the naval service on disciplinary ground".
Sd/Regulating Officer for C.O.
Dated 4.4.1985
(Original letter seen)
For about 2 and half years I was okay but now suddenly their
attitude changed. There was a Gurudwara in the naval centre since
25 years. There was no problem in it. But this Gurudwara was
closed during Army operation. Other Gurudwaras have been reopened
but this Gurudwara has not been opened till now. The authorities
were partial towards the Sikhs. They would allow all South Indians,
Christians, Muslims to go out of the Centre at night to observe
their festivals and other occasions, but when I wanted to attend
Guru Nanak Birthday in the city in 1983 and 1984, and then on
Baisakhi Day in 1982 they did not allow me to go out of the Centre
(Tears in his eyes). If Guru Parb is coming and there is no holiday
or leave due to an apprentice, the authorities would not allow any
Sikh apprentice to go out and observe and attend outside Gurudwara.
But others would be allowed. If I raise any question about
discrimination, they would immediatley write 'misbehaved' in my
service book.
We have done everything for this country, why are they doing
nonsense with us?
ANNEXURE 2
AMRIK SINGH S/O. KRIPAL SINGH, AGE 35 YEARS. VILL-AULAKH, P.S. SHRI
HARGOBINDPUR, DT. GURDASPUR.
"I am an agriculturist and my father and brother own 40 acres of
land. We have one tractor, one truck 3 tube-wells and all necessary
implements much as thresher trolley etc. I have received a
substatial bank loan of Rs. 1 1/2 lakhs. I live with my parents and
two brothers and their families.
On 21st June, 1984 at 1:30 A.M. the army people came in 2 trucks and
2 jeeps and about 50-60 soldiers surrounded my house, jumped over
the walls, got up on the roof, and entered our building without my
warning. They shouted at my mother when she showed them the light.
I also woke up and rushed to the courtyard. They shouted, "Hands
up, Come here". An officer went up to the light and opening his
diary asked if I was Amrik Singh. "Come with me" he said, "walk in
front of me" he said. Soldiers followed with weapons, I was asked
to sit in the jeep but nobody else in the family was touched. I was
brought to the Harchawal School compound where the army camp had
been set up. I was asked to sit in the verandah. It was about 2.30
P.M. Three chairs were brought out for a major, a captain and
myself and tea was ordered.
They asked 'Why have you taken Amrit? From whom?', I replied, 'My
shole family are devout Sikhs, my grandfather, my father, mother,
myself all were and are Amritdharis'. "That is why we have arrested
you". Where did you take Amrit? they repeated. "In my village
there is a historic Gurudwara where 5 pyaras of S.G.P.C. once came,
prepared Amrit and administered it to 500 people including women and
children.
(Amrit Chakha or to take Amrit--people stand in one line and each
takes a sip of Amrit from the same container, despite differences in
age, sex, caste, class and religion.)
We were baptised collectively. After this, tea came. I was asked
very politely, "Tell me, who are the people who met Bhindranwale.
You have the list, we have the report. Please tell us." I said, "I
am the eldest in our family and I am a busy man. I had never met
anyone, nor have any relationship with any bad character. My father
is old, the entire family is on my shoulders."
They said, "All this we know. But you must tell us. You know there
are CIA Staff Centres where people are interrogated, tortured, shot
down. Tell us. Give us the list".
But I held on that I did not know. This went on till 4 AM, then I
was blindfolded, my eyes were tied behind my back and I was thrown
into a room. They said "We shall give you time till morning. If
you agree to tell us, we will let you off. Or else take you to the
Interrogation Centre". Sepoys were told to keep eyes on me.
In the morning a sentry opened the bandage on my eyes, untied my
hands and I was taken to the toilet, fire soldiers accompanying me.
Later in the morning, Hindus, Sikhs, Christians, Schedule castes,
agriculturists, members of the panchayat, nearly fifty people came
from my village and talked to the Army about my innocence. The
major said, "Yes, he is a good man. Take him back". Then the
Subedar told me, " See that you don't move of your home for 10 days.
We may call on you any time". I said, "No conditions, but normally
I am too busy a man to leave my house". I went home.
On the morning of 22 June, 1984 a posse of police officers and CIA
Staff of Gurdaspur turned up, and I was called from my bath. I came
out in my towel and was politely told that there was nothing against
me, but still the Sardar Saheb (Inspector) from the CIA Staff,
Gurdaspur had himself come to fetch me to Gurdaspur.
On arriving at the Interrogation Centre, Gurdaspur I was immediately
taken to the torture chamber where I was subjected to the torture
with log under the thighs. to my surprise I found Surat Singh and
Sulakhan Singh undergoing similar torture. After 2-3 hours of
torture we wre interrogated about the Amrit Distribution Ceremony in
the Gurdwara at our village.
Meanwhile, about 80 men from our village had turned up in 2 trolleys and five members of our village Panchayat went on a
deputation to SSP Pandey and asked him, What I had done. Pandey
said, "We shall release him tomorrow. After that the Panchayat
members talked to Inspector Joginder Singh and he too gave the
same reply, being assured, they all returned to the village but I
was not released till June 27.
My interrogation continued. I was not allowed water when
thirsty. They would give me food and water whenever they willed.
We were not allowed to meet anyone. Before my release, on the
evening of 27 June I was made to write a statement by Inspector
Joginder Singh, "I am a good man. The Panchayat will stand
surety for me. I was treated well". I reached home on the
morning of June 28 and stayed with my sister.
On 3 July at 10 PM, the same Major turned up in his jeep and said
that the Brigadier of Tibri cantonment would like to see me the
next morning and I should go with him then itself. When 6
respectable people of our village, including a retired Havildar,
objected to my being taken away, the Major said, "I am taking him
now. Tomorrow I will bring him back myself. So let him come
with me" And so I was taken away.
1 furlong out of the village, i saw a truck with Sulakhan Singh
alone inside, blindfolded and his hands tied behind. I also was
put in that truck. It brought us to the old Harchowal School
Ground where I was told very politely that my eyes would be
bandaged and my hands tied at my back. Both of us were taken to
Indian ITI army camp to spend the night there--sleeping on the
floor with eyes blindfolded and hands tied behind.
In the morning at 8 o'clock we were put in a truck and taken to
Tibri Military Camp, Gurdaspur where we reached at 3 PM and were
handed over to the Central Military Police (in whitebelt and
redcaps) after untying the hands and removing the bandages over
our eyes. Sulakhan and I were separated. Then our hands and
eyes were tied once again. Then the torture began; my legs
folded back, a man held them in position and another man started
hitting the soles of the feet with hands of a pick-axe. After
half an hour I fell unconscious. When I came to senses they gave
me water, they were 4-5 persons sitting around smoking bire,
blowing the smokes on my face. One of them said "O Sardarji what
happened to your resolution to prohibit biris and cigarettes in
Punjab; stop us if you have the guts we are smoking "--Said
another "Was Guru Govind Singh your brother-in-law?" What
happened to your great Bhindranwale, your protector? Let him
come and save you."
The third said "Do you know how many prostitutes were found
inside Harminder Sahib? Where is taht Badmas gone?" I kept
quiet. Then for interrogation my eyes were freed opened from the
bandage. They started pounding my face with their fists. "You
must tell us what you know about him". I said 'He was a
religious preacher and that's all I know about him'. 'We will
show you' they said and left.
I was again blindfolded, thrown into a room. After sometime I
was taken out, put into a turck. Through the corner of my eyes I
counted ten to twelve persons inside the truck--all blindfolded
and hands tied behind including Surath Singh and Sulakshan Singh.
After a little while we were left in the Government School,
Gurdaspur. We were made to stand in a line--one hand on each
other's shoulder--we heard someone shout, 'Look, Khalistan's
caravan is on move". Then after some food and water to drink we
were pushed into a room strewn with sand and asked to strip
excepting our underwears. Our legs were tied with our pagris as
usual and then we were thrown on the sand. Later at night a
number of men came in with lamps and we were beaten mercilessly
with rifle butts, boots, and bare hands. This went throughout
the night in three shifts. Hurling abusive workds, pulling our
moustaches, beards, throwing sands on our hair, spashing us dirty
water, the tormentors were obviously drunk. Rum was poured down
our throats and meat thrust into our mouths. (This continued for
4 days and 4 nights.) Those who had trimmed their beards and
were non-vegetarians had a better deal and were released after a
coupe of days on the ground 'Ye pucke nehi hain'.
We were taken to Tibri Camp for interrogation which lasted from
morning to evening--all about our personal lives--the torture
made me ill; but I never complained. However, one day being
asked by an officeer what the matter was I told him everything
hoping he would help; but that night the beating was more--"Ah
you have complained to your relative?"
On July 8 morning the officer told me, Surath Singh and Sulakshan
Singh that we were found innocent and police would take charge of
us and reach us home. In the evening the military van took us
first to Kadiyan, then to Harchowal School Military Camp and
finally to Shri Har Govindpur Military Camp. There we were given
the ultimatum.
"We are positive you know a lot more that you are telling us; so
open up. Otherwise we will have to take you to a big
interrogation Centre were you will be given electric shock and
you will die as many other have died being eloctrocuted. "I said
if only this is our fate please do it; we are innocent; if you
want to kill us--we are prepared. At night we were blindolded
and tied up as usual and left in a room but not tortured. We
waited the whole day. In the afternoon I was made to sign a
statement that:
"I was caught by the military me on 3rd July 84. From that time
upto now I had been with them. I have been provided with food
and medical assistance whenever needed. My clothes and other
goods have been returned back to me. During this period no
maltreatment have been meted out to me, therefore I do not have
my complaint against them.
8.7.1984
Amrik Singh
This statement was extorted from
me under threats of force.
On the morning of July 9 we were brought to Shri Har Govindpur
Police Station. The Subedar who brought us promptly lodged a FIR
in English. According to FIR (as we gathered later): a military
officer while going on patrol near Vill--Aulakh saw three men
making provocative speeches to a hundred-strong audience. Three
slogans had been raised:
1. Khalistan Zindabad
2. Indira Gandhi Murdabad
3. Hinduon Ko Mardalo
Seeing the Army the people fled but the three leaders were
captured and brought to the police station".
We were put into the lock up; throught the bar I beckoned a
couple of known faces and requested them to inform my people at
home that we were at P.S. Shri Har Govindpur. In the afternoon
10 to 12 persons from my village including my parents arrived at
the PD and they were told that we shall be produced next day in
the magistrate's court. On the 16th July we were taken to Batala
Tehsil court before a second class magistrate Dilbarashigh.
Instead of 15 days remand asked for by the police, 4 days were
given, our physical condition was pitiable--with 8 or 10 wounds
swelling on various parts of our body and we needed medical help
badly. But police advised us not to apply for medical help.
On the 13th July 1984 we were sent to Gurdaspur Central
Jail--cases against us were under sec. 124 A (Sedition). Sec. 13
(Unlawful Activity) we were given C class. After nearly 10
months on May 3, 1985 (Two days before our interview) I was
released on bail by the special court Jalandhar. The Jail
condition as dreadful;--30 people in one small room, but we were
not tortured though we were branded as 'Extremists':
How we got bail is story that exposes the extent to which police
can go to plant false cases. We learnt that the police was
bringing 2 eye witnesses to alleged provocative meeting at Aulakh
village where we had supposedly raised anti-national slogans
heard this by the military officer who was supposed to have
arrested us. The matter came up for hearing on April 6, the
magistrate ordered identification but the public prosecutor
pleaded for time, to special court, Jalandhar. The next date of
hearing was on April 18, when the police said that they had two
good eye-witnesses so no bail should be given. The names of the
t wo eye-witneses mentioned by the police came to be known
Kashmir Singh and Seva Singh s/o Shri Tara Singh: vill--Withawan
police station Shri Har Govindpur. However, the magistrate kept
the matter pending. Next date of hearing was fixed on April 30,
1985 at Jalandhar, special court.
Between this time these two so-called eye-witnesses were
contacted by our people, they were amazed and said that they knew
nothing al all about the case but the police had entered their
names as witnesses in their record on their own and only
afterwards they were simply informed that the police had put them
as witnesses in a case, but without telling them what the case
was about. These two men, when requested, gave their affidavits
before the special court Judge K. S. Balla at Jalandhar special
court, denying that they had seen anything.
This is how we got our bail and came out on 3rd May 1985.
ANNEXURE 3
S. Narinder Singh, Age 28 years, resident of Ghuman Kalan states:
"On the 16th Aug. '84, I and a friend of mine who was
accompanying me were apprehended by a police inspector near Dera
Baba Nanak. All I could think was that we would be hauled up
under section 183 because at that time pillion riding was banned.
We were taken to the lockup and upon asking as to what was our
fault the police inspector started beating me and said that, "I
have been looking for you since long because you have done much
damage and have also committed murders."
The next day early morning we two and another person who too had
been detained, were produced before the SDM, Batala station where
we were challaned under Section 188. Later, I came to know that
the two others had been released on bail. I was, then produced
in the court of the Naib Judge, Batala, where I saw the SHO
Gurbachan Singh holding a sheaf of papers. The SHO pleaded that
I narinder Singh was wanted in the 2nd June action and a police
remand was obtained till the 24th Aug.
In the night I was tortured as per the methods of he police e.g.
"Ghotana" and "Latt Paadna" etc. and even third degree methods
were employed which are usually employed against Sikh youths,
nowadays.
On the 19th Aug. '84 the SSP Pandey came personally to
interrogate me. As soon as he entered the lockup he abused me,
using the coicest adjectives for my sister. To this I protested
and told him that all mothers/sisters deserve a place of respect,
so whatsoever the case may be, talk like a gentleman. Hearing
this Pandey asked me as to if I was threatening him. I replied
in the affirmative and told him that I would like to narrate a
few facts. I told him that I had been detained on 27th march
1984 by the SHO Dhariwal, Ranjit Singh Bhullar who picked me from
my village Ghmaam Kalan. he was not able to detain me beyond two
hours because I was innocent. Today too i was as innocent as I
before.
On hearing this Pandey ordered me out of the cell and once again
I was tortured. pandey then ordered the DSP Batala to eliminate
me in an encounter, "Saamna". I was again thrown into the
lockup.
On the night of 23rd Aug. at around 10 PM the DSP, Batala
alongwith 2 jeep loads of policemen arrived. They blindfolded
me, took me out of the lock up. I was bundled into the jeep and
I had no sense of direction but when the jeeps halted, on some
equiries I could guess the direction in which I was being taken.
I was taken towards the border on the banks of the Ravi. After
being told to alight I was bound to a Eucalyptus tree and told to
disclose as to whatever I knew. I protested as I knew nothing
but then they started insisting that I hand them over the stengun
which I was supposedly having. I told them that I was basically
a farmer and had nothing to do with firearms.
Ultimately, when I came to know that they were going to shoot me,
I tried a ruse and asked them if they knew the SHO Gurbachan
Singh. On hearing this the SHO who was also in the team came
forward and I told him that we both brothers had taken an oath
that if any police officer would kill either, the other would
somehow manage to kill the son of the officer.
I also told him that Jatender my brother would kill the SHO's son
if I was eliminated; as all knew that my arrest and reamnd had
been processed by Gurbachan Singh. So if he wanted his son to be
saved he would have to save me.
The SHO then went to the DSP, talked and argued in hushed tones
and after about 15 minutes of deliberation I was freed from by
bonds, bundled into the jeep and was taken to various places. At
about 3.45 p.m. on 24th Aug. I was again put in the lockup till
morning. The blindfold put on me was packed with chillies, so
the condition of the eyes went from bad to worse. In the morning
I was again produced in the court where the police had applied
for further remand. The further remand was refused by the SDM on
account of my eyes. Immediately the Dhariwal police also applied
for my police remand as I was supposedly involved in various
cases registered with them. This too was refused by the SDM and
I was sent to judicial custody. I was kept at the Gurdaspur
Central jail from 24th Aug. 1984 to 14th Dec. 1984 without any
charge.
It was on this day that I was released because the police
withdrew my case for they had no charges against me. I started
on with my farming activities again.
On the 28th Jan. 1985 some miscreants put the village school on
fire and the police started looking for me but somehow I was able
to evade them. On the 27th of March my residence was raided by
the police where they found no incriminating item and when they
enquired about me, they were told that I was away. I started
thinking of the reasons as to why was I being harassed
continuously but the very next day I came to know that my elder
brother Jatinder Singh had been picked up in Chandigarh and
several statements had been recorded in his name.
Since that very day I have never slept under my roof, evading the
police and have been remaining underground.
ANNEXURE 4
Shri Swarn Singh son of Lal Singh, Aged 65 years, Sarpanch of
Jafferwal village: 4.5.1985
At first he was rounded up by the military on 17.6.1984 from his
house and sent to Torture Centre (Interrogation Centre)
Government College, Gurdaspur. He was tortured there
mercilessly, he was blindfolded and his hands tied behind his
back. He could not identify who were beating him. There was no
case and no warrant of arrest and he was not produced in any
court. He was released after two days. Meanwhile Akali Dal had
given a call to liberate premises of Golden Temple and Morcha had
to be stared from 17.7.1984 under section 107/151 IPC by the
police and he was kept in the Gurdaspur Jail for 15 days and then
bailed out. Shri Swarn Singh was again arrested on 29 August
1984 by the Dharwal police for 15 days and then bailed out after
four days in unlawful custody. After 4 days he was produced
before the court u/s 107/151. court rleased him because he was
already being prosecuted u/s 107/151 and this case was still
pending.
Thereafter he ws again arrested on 4th September 1984 in a bus
killing case. Houses of 40 families were raided by the army and
almost all the residents in the village used to sleep outside the
village to save themselves from the military harassment.
Military used to gherao the village. The opulation of the
village is about 6000.
He was again arrested on 28.3.1985 by CIA staff Batala and
tortured in the same manner: (1) Ghotna (2) Belna (3) 3rd method
was that he would be made to lie down on one side and the wood
(Belna) would be kept uner his leg and would be rolled on one
leg, then he would be made to lie on another side and the same
wood would be rolled again on the other leg. This process would
be repeated for some time. 4th method was that the both legs
wuld be torn apart and other men would sit behind the back.
Backbone/spine can be fractured in this process. No treatment is
given. Tissues are swollen and urines give blood and pus. Man
becomes impotent. This treatment is meted out to all.
Fifth method was Roud: Man is made to stand in attention and his
handsd tied behind his neck on the back. He is made to stand for
3 to 3 half hours and he cannot stand it and his whole sweat from
his body goes out and man cries for water.
Sixth method: Man is made to stand upright, his hands tied behind
and a rod is inserten in the tied hands and the man is hung in
the door through the door. Joginder Singh SI (a Sikh officer)
did this. All the eight officers who tortured were Sikhs. They
did this under orders from Suresh Arora, ASP, Batala.
The seventh method is that there used to be one feet high wood
and about 7 to 8 men's feet were put on it in a row and another
similar wood would be kept over the feet and thus both the woods
would be locked having men's feet inside it and these men would
be kept there lied down. This wood was full of bugs who would
continue to bite and it was very difficult to sleep.
Swarn Singh was first taken to Dera Baba Nanak because they were
afraid of the High Court and thought that Harbans Singh who was
doing his Pairvi might go to High Court. Kuldeep Singh and
Jarnail Singh were also taken alongwith him. There was no FIR
against them and they were never produced in any court. They
were in unlawful custody from 28.3.1985 to 5.4.1985. Water was
not given to them.
During interrrogation following question used to be asked: "You
have fire arms in possession."
ANNEXURE 5
Report of Shri T.S. Cheema, Distt and Sessions Judge Patiala on
Turture.
His Lordship Mr Justice S.S. Sodhi, Vigilance Judge, Sessions
Division, Patiala, during his visit to Central Jail, Patiala and
Nabha also met the detenuse of the National Security Act lodged
in these jail who complained to him that detenues from Nabha jail
were taken in batches to Ladha Hothi (Sangrur district) jail and
were subjected to all kinds of torture. he directed the
undersigned to enquire into the allegations of torture after
visiting the jails at Patiala and Nabha and, if necessary, to
visit the jail at Ladha Kothi.
2. Under the aforesaid direction: I visited Central Jail at Nabha
on January 23, 1985, where I met the Deputy Superintendent of
Jail, Mr Gurdarshan Singh Gill who on my asking supplied the
necssary data with regard to detenues lodged at Nabha Jail who
from time to time had been taken to Ladha Kothi.
To find out the details of the alleged torture I recorded the
statements of detenues individually who has recently returned
from Ladha Kothi. Names of the detenues examined by me are
under:
1. Nirmal Singh, c/o Mr Kashmira Singh, resident of Khabbe
Rajpura in Amritsar district.
2. Jarnail Singh, s/o Mr Ranga Singh of Bool Village in
Kapurthala district.
3.Iqbal Singh, s/o Kulwant Singh of Muktsar.
4. Mr Gurmit Singh, s/o Mr Gurbax Singh resident of Rasulri Najra
village in Ludhiana district.
5.Makhan Singh of Hoshiarpur.
6. Mohan Lal alias Mohan Singh a resident of Salon village in
Jallundur district.
All of them except Gurmit Singh have given almost same details
with regards to their interrogation at Ladha Kothi and the third
degree methods to which they were subjected. Gurmit Singh during
his stay at Ladha Kothi suffered colic pains. In the beginning
the interrogators took him to be a malinger and when after
abusing and thrashing him they got convinced that he was really
having acute pain they spared him of the torture which others had
to undergo.
Their statements reveal two common modes of torture--one is the
use of an extra-thick pestle, like mini log, which is placed on
the thighs of the detenues with one person or two persons
standing on it. The detenue is made to lie on the floor
prostrate or supine. The pestle with load thereon is then
roteated on the thighs. If the position is prostrate then the
lower log is bent over and pressed against it. Surface of the
pestle being smooth and wrapped in a cloth does not cause any
outward injury on the thigh.
The second mode of torture which is described to be more painful
consists of stretching the legs open to the unbearable extent.
The detenue is made to sit on a plain surface with one person
supporting his back with his knees and pulling his long hair
backwards. The legs are held at the ankle level by different
persons and pulled apart. The legs on reaching a particular
angle cause acute pain which on persistence results into
swooning.
The detenues at Ladha Kothi are not accorded the treatment due to
them. They are locked up in individual cells and are kept in
solitary confinement all the 24 hours except for the period when
they are subjected to interrogation and tortured. They are
served food in the cells and arel also required to make water and
ease themselves with the cell.
The aforesaid detenues disclosed that two of their comrades who
were taken to Ladha Kothi had not been returned to Nabha Jail as
they had been excessively tortured and they were kept there for
convalescing. On their information I paid a visit to Ladha Kothi
on 28.1.1985 where I met Mr Karan Singh, Superintendent of Police
who had been designated as Superintendent of Jail. He disclosed
that all the designated of last batch from Nabha Jail received at
Ladha Kothi had been sent back on 24.1.1985. He produced copy of
DDR-7 of 24.1.1985 showing the return of detenues to Nabha Jail
Superintendent of Police. Superintendent of Jail at my request
took me round the premises of the jail. The portion of the
premises where the cells in which the detenues are confined are
located are in the shape of barrack with a narrow compound on its
front and the compound having a very high wall to screen it.
In the cells there are no cots. In some cells utensils
consisting of mugs and enamelled plates were lying. In one
corner of each cell there was place meant for unrinating and
easing out. Cells are stinking. The entrance gate to this
portion of the premises is guarded by the personnel of CRPF.
Even the keys for opening the lock placed on the entrance door
were in their custody.
Superintendent Jail informed me that there was no regular doctor
at Ladha Kothi. On his move a doctor of a rural dispensary of a
nearby village was deputed to visit Ladha Kothi once in a day.
But he had no provision for medicines for the inmates of Ladha
Kothi.
After going ground the premises of Ladha Kothi I got the
impression that it was just an interrogation centre and it
possessed least trappings of a Central Jail. There seems no
justification for shifting small batches of detenues form Nabha
Jail to Ladha Kothi. The detenues stated that their shifting
from Nabha Jail to Ladha Kothi was only a camouflage for taking
them out from Nabha Jail and to bypass the requirement of law to
produce them before a Judicial magistrate for being remanded to
police custody for their interrogation in some new case.
As the detenues whom I examined at Nabha Jail stated that two of
them who had been excessively tortured were still at Ladha Kothi
and as I planned a visit to the latter place and when I could not
find them there I decided to visit Nabha Jail once more.
Accordingly from Ladha Kothi straight I went to Nabha Jail and
found the information given by Mr Karan Singh Superintendent of
Jail as correct.
I then individually met Palvinder Singh, s/o mr Jangir Singh, a
resident of Amritsar district and Parminder Singh s/o Shri Giani
Dalip Singh of Amritsar and I recorded their statements they gave
out the details of the torture meted out to them which were
similar to once given by the other detenues.
In their case torture was repeated and the result was that their
groins become pulpy and painful to such an extent that they could
not properly walk and as such they were kept back at Ladha Kothi
so that their bodies could return to normalcy.
At Ladha Kothi the detenues at no point of time are allowed to
meet or converse with each other. They are not provided with any
newspaper nor any other facility which are available to them at
Nabha Jail.
T. S. Chema
District and Sessions Judge,
Patiala
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 arrrest in the Akali agitation. Applciant 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 ws got released from the court by the
police. The SSP had ordered the liquidation of Narinder Singh,
but hsi life was saved y a junior police officer who had acutally
death 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 Siungh 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 teavendor 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 teh jeep towardds
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 where abouts 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 where abouts
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 nuscles to the
point of rupture.
(ii) In the second, a hand lo9g 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 sanme 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 in between the knots and then they were made
to stand for a long time by his ffet a t a distance of 3-1/2 feet
in between.
(vi) Their hands were tied on thier 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 puss. 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, wand 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 alog 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.mj. 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 Abnant 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 29.3.1985.
12. That as soon as the police authorities come to know about the
telemgrams, 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 flase cases by thepolice 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
prosectution against the above named polcie 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
Dated: 30-4-85 (Harbans Singh) Ex-MLA
VPO: GHUMAN KALAN
Distt Gurdaspur.
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 prticular
Sikh family may be withheld and justice done.
1. Governor, Punjab, Chandigarh
2. Home Secretary, Government of Punjab, Chandirgarh
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.
ANNEXURE 6-A
Statements of Shri Boota Singh and Shri Sukhdev Singh. Dera Baba
Nanak, Distt Gurdaspur: 6.5.1985
Statement of Shri Boota Singh son of Sardar Kesar Singh, aged 60
years, Village Pagthana BaardwakaL--
I am an agriculturist. Shri Ajit Singh is my son aged about
20-21 years. I have five sons. Threee are married. Ajit Singh
is youngest and unmarried. I have 4 daughters. 3 are married and
1 unmarried. My wife is also there in the family. My son
untraceable since army action in Punjab. After 2/3 days of the
army action in Punjab he went out and never returned. During
curfew military used to threaten us but Panchayats used to
approach military in our support. Due to interventions of
Panchayats, we were not detained but used to be threatened.
After curfew when military was withdrawn, Pundjab police, BSF and
CRP began to raid our house. About an half month back I was
arrested by the Dera Baba Nanak police and was kept there for 10
days without being produced in the court, and then set free. I
was severely beaten. After about 10 days, CIA Staff Gurdaspur
took me away. They kept me therte for 20 days. They ordered me
to produce my son. They beat me and used abusive language. Then
after 10/15 days they took my two sons to CIA Staff, and kept
them in unlawful custody for one month. They wre not produced
before any magistrate. Then Panchayat went and got them relesed.
Then after 15 days of their release, the CUA Staff Amritsar took
me away and kept me for 18 days. I was released on the
intervention of the Panchayat again. After 4 days the Dera Baba
Nanak Police raided my house and arrested me. The ASP came and I
was released on the same day i.e. yesterday. Meanwhile my two
sons were arrested and kept for 10 days, and one son was released
only 3 days back. My another son Shri Pritam Singh is still in
custody. We are very much harassed. We have no disire to live.
About 100 persons suddenly raid our house in the night and punce
upon our asleep sisters and ladie. We are not even allowed to
harvest. Death is better than life.
* * * *
Statement of Sardar Sukhdev Singh, Sarpanch of Village Harewal,
PSS Dera Baba Nanak, aged about 35 years. Agriculturist. Have
about 35 Kila lands. (He had come to Dera Baba Nanak to secure
release of some residients of his village alongwith other
Sarpanchs of other villages who had also come to secure release
of the residents of their villages.)
This time Shri jagir Singh, son of Saheb Singh aged 65 years and
Shri Jagir Singh son of Shri Dalip Singh aged 50 years of my
village are in unlawful custody since 4 days. There are about 20
persons in dera Baba Nanack, aged about 35 years. Agriculturist.
Have about police station is a Hindu. Police do not give food to
the arrested persons and we have to supply them food. I have
come for their rlease.
Since about 2 months they are arresting persons daily.
Interrogation Staff, CIA Amristssar took four persons of my
fillage Haruwal to Amritsar fou days back. I am Sarpanch and I
have daily to go to the plice station for the release of innocent
person.s I have no other work except to attend to the woes and
requests of the families of the innocent persons arrested by
thepolice. I am daily busy in this work since 7 a.m. in the
morning to late night. I feel vewry much harassed and have no
desire to live. Either I want to run away from this place or
want to die. Death is better than this sort of situation and
harassment.
SP Wirdhi of Gurdaspur is a Hindu. ASP Batala, Shri Suresh Arora
is a Hindu. DIG is also Hindu.
Recently Inspector Iirpal Singh of BSF came here on leave in my
village ans was arrested by the police. When I went to the
police station for release of S. Kirpal Singh, the SHO
threatened that I would also be arrested. S. Kirpal Singh was
released only after insulting him badly.
(The next two pages of the report were copies of Postm Mortem
Reports of young Sikh male corpses shot with their hands tied
behind their backs. These were dated 10-jun-84, a few days after
the Golden Temple assault by the India Army).
****************************************************************badri@ur-helheim.UUCP (01/23/86)
Of late, there has been a lot of talk (in other newsgroups) about the cost of transmitting an article. While I understand that this report may be of interest to many people, I think it is inappropriate to put it on the net without finding out if it is indeed worth the cost. If the author's estimate is correct, the length of this article is about 100 pages! It might be better, in future, to inform netters about the availability of the document and then, depending on the response, put it on the net.
baparao@uscvax.UUCP (01/27/86)
In article <434@ur-helheim.UUCP> badri@ur-helheim.UUCP (Badri Lokanathan) writes: >Of late, there has been a lot of talk (in other newsgroups) about the >cost of transmitting an article. While I understand that this report >may be of interest to many people, I think it is inappropriate to >put it on the net without finding out if it is indeed worth the cost. >If the author's estimate is correct, the length of this article is >about 100 pages! It might be better, in future, to inform netters about the >availability of the document and then, depending on the response, put >it on the net. I suggest that extraordinarily long articles (such as Mr. Bajwa's recent 100 page effort) NOT BE PUT ON THE NET AT ALL in the future. It may be more appropriate, considering the transmission costs, for people to post a brief abstract of such an article, along with a U.S. mail contact address to obtain print copies if anyone is interested. Besides the transmission costs, it is also problematic for net readers to read such articles on the net; for a number of us, tying up shared print facilities to print out a private, 100-odd page article is not a reasonable option. --Bapa Rao.