Surviving a Fake Encounter: The Story of Surinder Singh Fauji

Yesterday on International Human Rights Day, we focused on the practice of "fake encounters" in India.

One of the only individuals to have ever escaped such a fake encounter and survived to tell the tale is Surinder Singh Fauji.  Fauji was a retired Indian serviceman who, along with members of his family, was repeatedly arrested and tortured between 1986 to 1994.  His only fault was having once rented a room to a member of the All India Sikh Students Federation. 

Fauji gave a statement to the court on the treatment he received while in illegal custoday.  He stated:

On the night of 18 August 1991, I and Mr. Bachittar Singh were kept together. After removing our clothes the policemen caught our hair and started beating us with batons. Along with Mr. Surinderpal Singh SHO there were two ASIs and some constables involved in this torture.

I was made to stand naked and hands were tied behind my back. I was then suspended from the ceiling with the help of a rope which was tied to my hand still I became unconscious. After that I was subjected to what is called the roller treatment, a thick log was placed on my thighs and two persons, one on each end of the long, sat on it and gradually rotated it over my thighs resulting in excruciating pain.

After that my legs were stretched to 180 degree, as a result the pain became unbearable and I still suffer permanent injuries to my limbs and connected parts. Finally my legs were tied with a rope and I was suspended by my legs from the ceiling with my head barely touching the ground and two policemen showered batons blows on my feet.

On December 14, 1992, Fauji along with a group of Sikh youths was prepared for a false encounter.  He states:

After reaching the banks of Beas the police asked us to stand in line. I was standing in the middle. The policemen took position and were ready to shoot. Then the police switched off the floodlight. With the help of a little light I could see all things around me.

Mr. Surinderpal Singh SHO, Balbir Singh ASI and another ASI fired from their service revolvers or Pistol at seven of us and two of the persons were hit. Thereafter the other policeman opened fire from his sten-gun. When the floodlight was switched off and the police started opening fire, my army training and drill helped me and immediately I rolled over the ground, concealing myself. I crawled on and hid myself along the bushes on the banks of river Beas. The police picked up the six corpses and threw them into the river. As the policemen were drunk and did not count the dead bodies while throwing corpses into the river, they thought I was also killed in the firing. In the drunken state the police party danced and shouted "KPS Gill Zindabad" and left the place in their vehicles without noticing that I was still alive.

Fauji managed to crawl away but endured two more years of persecution.  His complete statement appears below.

Surinder Singh Fauji's story was dramatized by the Indian reality series "Haqeeqat" which highlights police atrocities. 

Surinder Singh Fauji's experience is chilling in its brutality but it is only one amongst hundreds of similar cases across India that go unreported.  India must bring false encounters to an end and punish those officers who have engaged in orchestrating these atrocities. 

Statement of Mr. Surinder Singh Fauji before the District Session Judge, Delhi

Background

I, Surinder Singh Fauji, am an Ex-serviceman. I have served in the Corps of Signals of the Indian army as a radio mechanic. I have fought 1965 and 1971 Indo-Pak wars in the service of India. Besides this, I have also taken part in Indo-China war in 1967 on the Tibet-Sikkim Natula border.

However, in spite of having served my country to the best of my abilities, the Punjab police kept on filling false cases against me. I am recording as evidence whatever has happened to me. I am also recording the reason for my being away from my home, relative and my village.

It was only with the help of the army, I was able to visit my home at village Fatehabad, Tehsil Tarn Taran, Distt Amritsar to meet my children on 25 September 1992. I am recording whatever harassment I and my family were subjected to from 27 may 1986 to 1994 as evidence.

First Arrest:  1986

On 27 May 1986, I had returned home after admitted my father, Giani Teja Singh at military hospital in Jalandhar Cantonment. That night, CRPF and Punjab police personnel surrounded my house in Fatehabad and took me away to Fatehabad police chowki (Sub Police Station). Earlier the police had also arrested five young people and kept them in the police chowki. I was kept with these five young men. Unable to bear the trauma of my detention, my father died in October 1986 while I was still in detention.

In the morning of 28 May 1986 all six of us were taken to Dhularpur CRPF camp with our hands tied at the back. We were humiliated and beaten up mercilessly. On the same day we were sent to CIA staff centre at Amritsar. A sub-inspector ordered us to do 200 sit-ups which, because of my age. I managed to do with great difficulty. After that they started beating us with batons.

My only fault was that I had rented out the first floor of my shop to one Mr. Joginder Singh, a member of All India Sikh Student Federation. I was under illegal detention till 8th June 1986 at CIA staff, Amritsar.

On June 1986, we were shifted from CIA staff, Amritsar to Verowal Police Stations under senior superintend of Police Tarn Taran. After filling a First Information Report (FIR) number 174. We were falsely shown as Khalistani activities. In the same FIR, they concocted a story which said that I, along with others, had hatched a conspiracy in a Gurudwara in village Khawaspur near Fatehabad on 9 June 1986. We were booked under section 124A, 153A, 13 Unlawful activities Act 1967 and under section 3 & 4 of the terrorist and disruptive activities (prevention) Act.

On 10 June, we were taken to the Tarn Taran court and sent to Amritsar central jail.

Mr. Jaswant Singh Patwari, father of Mr. Joga Singh who was one of the six detained with us, sent a telegram to District commissioner of Amritsar on 28 May 1986 informing him about the illegal detention of his son. A photocopy of this Telegram available with us.

From 28 May 1986 to 10 June 1986, we were under illegal detention of the police on the basis of the concocted FIR no 174 alleging that we were holding a meeting to create Khalistan, although we had been in detention since our arrest on the night of 27 May 1986.

The Panchayts of village Jhander Maha purkharan, Fatehabad, Khwaspur and Dhunda under Tehsil Tarn Taran, District Amritsar submitted affidavits that we were respectable citizens and the police allegation were concocted. The photocopies of these affidavits are available with us.

When we were in Amritsar jail, the District Commissioner of Amritsar, Mr. Rameshinder Singh, arrested us under the National Security Act (NSA) and put us under house arrest on 1 July 1986. The order was brought by a DSP. We were falsely put under house arrest. When we were in Amritsar jail we appealed to the advisory board of the NSA in Chandigarh, through the jail superintendent, saying that the Punjab police have done injustice to us. We were permitted to appear before the advisory board and the three judges of the advisory board listened to our plea and dismissed the charge under the NSA and released us on 22 August 1986. A copy of this order is with us.

The telegram of Mr. Jaswant Singh Patwari, father of Mr. Joga Singh, to the District commissioner was more helpful to us. With this telegram and the affidavits of village panchayats we were released on bail under section 124-A, 153-A and 3&4 of TADA.

Second Arrest and Exoneration:  1987-1989

After being released on bail in 1987 I was again arrested at my residence, Fatehabad. My fault was that I had reported the criminal acts of the police personnel to the District Commissioner Amritsar. From my residence I was taken to Mall Mandi, Amritsar, where I was again tortured by police mercilessly. I was forced to pay a sum of Rs 15,000/-for my release, which I paid by selling chickens from my poultry farm. The rest of the chickens from my poultry farm were eaten by the policemen without paying for them.

Due to the loss I have incurred on my poultry farm I have not been able to pay back the loan from the Punjab National Bank, Fatehabad even now.

In 1989 I won the case and released under section 124-A, 153-A and ¾ TADA. And the case was closed.

In 1991 Mr. Chandra Shekhar's government declare assembly elections in Punjab. I took part in the political party of Sant Sipahi Front with one Col. Harbent Singh Khalon, who was the president of this party. In the elections the candidate from our party, Mrs. Darshan Kaur, stood from Khadur Sahib Constituency and I was her election in charge. We did a good job in our campaign by promising the public that we would ensure that the police personnel's who tortured people would be taken to courts and punished. We also promised that we would solve other problems of the people if we came into power in Punjab.

The congress party in Punjab was boycotting the assembly election. A day before election were to be held in Punjab, the congress party of Mr. PV Narasimha Rao came to power in the centre, and the same day night the congress party cancelled the election in Punjab. Due to this move I become a target of the Punjab police once again.

Detention & Torture:  1991

On 18 August 1991, SHO of Goindwal Sahib Police Station Surinderpal Singh arrested the Sarpanch of Bhoin village Mr. Bachittar Singh, who is also my wife's relative. Mr. Bachittar Singh's wife, Bibi Jasbir Kaur came to my house at Fatehabad to inquire about her husband who was in Goindwal Police Station. I went to Goindwal Police Station to inquire about Mr. Bachittar Singh with SHO Mr. Surinderpal Singh. Instead of giving detail of Mr. Bachittar Singh, the policemen kept me in the Police Station and abused me, asking me the reasons for coming to the Police Station. After some time, they took me to my house in their police van and, without any search warrant started searching my house. However, they did not find anything. Later, they took me to the Police Station forcibly.

On the night of 18 August 1991, I and Mr. Bachittar Singh were kept together. After removing our clothes the policemen caught our hair and started beating us with batons. Along with Mr. Surinderpal Singh SHO there were two ASIs and some constables involved in this torture.

I was made to stand naked and hands were tied behind my back. I was then suspended from the ceiling with the help of a rope which was tied to my hand still I became unconscious. After that I was subjected to what is called the roller treatment, a thick log was placed on my thighs and two persons, one on each end of the long, sat on it and gradually rotated it over my thighs resulting in excruciating pain.

After that my legs were stretched to 180 degree, as a result the pain became unbearable and I still suffer permanent injuries to my limbs and connected parts. Finally my legs were tied with a rope and I was suspended by my legs from the ceiling with my head barely touching the ground and two policemen showered batons blows on my feet.

After the torture I remained unconscious throughout the night. Next morning i.e. 19 August 1991, when I regained consciousness, I could not even move. On the same day we both were shifted from Goindwal Police Station to Khadur Sahib Police Station. After being in the Police Station for one, whole day we were shifted to Sarhali Police Station next morning i.e. 20 August 1991. From 20 morning to 23 morning we were kept in the Sarhali Police Station illegally. There we were torture in the same way we were torture at Goindwal Police Station. After being subjected to torture we became physically exhausted.

On 23 morning we were again shifted to Valtoha Police Station. On 24 morning I was separated from Mr. Bachittar Singh and handed over to the Border Security Force (BSF) for further interrogation. Mr. Surinderpal Singh SHO also helped the BSF in torching me. From the morning of 24 to 26 morning I was in BSF's custody near Indo-Pak Border. There I was tortured mercilessly. I was given electric shocks on the genitals, under the armpits, on the feet as also in the anus. They fired live bullets just above my head. After all these, my physically condition was in a mess. They started asking me about the terrorists about whom I knew nothing. After looking at my condition, one of the BSF higher officers, convinced that I was innocent, ordered the men to release me. Then again on 26 mornings I was returned to Valtoha Police Station under SHO Mr. Surinderpal Singh's control. From there I was taken back to Sarhali Police Station and I was kept in his custody.

On 27 August Tarn Taran Police Station party came to Sarhali Police Station regarding my case. On the same day I was shifted to Varowal Police Station. Mr. Mohinder Singh ASI Varowal Police Station was directed by Mr. Narinderpal Singh SSP of Tarn Taran, to register a strong case against me. An FIR No 49/91 was registered under sec. 4/5 explosive act, 5 TADA .In my presences two hand grenades were procured from the local Centre Reserve Police Force (CRPF) and planted on me.

False Story of Arrest

Another story put up by the police was that they arrested me only on 27 August 1991, at uppal Canal Bridge which is near to Fajilpur village. But I have evidence (my wife's telegram to the Punjab Government, news clippings of my arrest in the news papers) to show that I was under Punjab police custody from 18 August to 28 August 1991. Not only have that, in my 50 years age I have never seen this uppal canal bridge and Fajilpur village. On 28 August 1991 I was sent to security jail, Amritsar under the false story which they showed.

In Police Stations of Goindwal Sahib, Khadur Sahib, Sarhali, Valtoha and Varowal I was kept illegally. I was tortured mercilessly. Because of all the torture I went through my Kara (a religion bracelet worn by Sikhs) got bent which shows their batons charge on my hands. They even pulled out the hair of the head and face I still have it with me. Because of the electric shocks I can't hear and see properly. I have doctors certificate to show the loss of blood.

My wife Surjit Kaur sent a telegram to the Governor of Punjab on 18 August that SHO Goindwal Sahib (has) arrested my husband Mr. Surinder Singh Fauji, son of Teja Singh, resident of Fatehabad. I fear he may not killed or involved in any false cases (SIC). The news of my arrest was also published in Punjabi daily 'Punjab Di Awaj' and 'Ajit' on 22 ,23, and 28 August 1991. I have the copies of all these news paper.

After coming to security jail, Amritsar I was admitted in security jail hospital for treatment. But the treatment was not good.

On 25 November 1991 from Amritsar security jail I wrote a letter in Punjabi to President of India about the torture and false case filed against me by the Punjab police. In this letter I also mention to the President of India that the police are misusing their power. I said if the abuse of power by the police is not stopped, one day the army's help would be needed to control the police. I requested him in my letter to inquire about the two grenades only by IAS or PCS officers but not by the Punjab police.

I said I did not want my cases to be probe by the police because they are well known for false encounter and false cases on innocent people.

I sent the copies of my letter to the President of India to:-

1. Prime Minister of India, P.V. Narasimha Rao, New Delhi.
2. Union Home Minister, S.B Chawan, New Delhi.
3. Chief Justice, Supreme Court of India, New Delhi.
4. Chief Justice, Punjab and Haryana High Court, Chandigrah.
5. Senior Session Judge Amritsar.

All the receipt of register acknowledgment of these copies is with me. However for all my pains I did not get justice.

Threats to Family:  1992

On 20 April 1992, bail was granted to me and I was released from security jail Amritsar. However, after just eight days Surinderpal Singh SHO Goindwal, Balbir Singh ASI Fatehabad and some other commandos again attack upon me in my residence. They once again began harassing me by beating with batons. They even started beating and abusing my daughter also. They took me to Fatehabad Police Station, removed my clothes and started beating me with lather straps. From 27 April 1992 to 30 April 1992 I was kept in Fatehabad Police Station. They warned me to cancel my bail order; otherwise they would open a murder case of women who had been killed in Dhunda village under section 302.

I told them that the women's murder in Dhunda village took placed was when I was in security jail Amritsar. Then said that they would use another false case saying that they had found an AK 47 from me and they would arrest me under TADA case.

The telegram by my wife Surjit Kaur to the Chief Justice, Punjab and Haryana High Court on 30 April 1992 was that my husband Surinder Singh Fauji arrested by police while he reaching home Fatehabad on bail (SIC). However, on 1 May 1992 Mr. Surinderpal Singh (SHO) got the news of my wife's telegram and shifted me from Fatehabad Police station to Varowal Police station.

From 1 May to 13 May, 1992 I was kept in Varowal Police Station illegally. There I saw some persons were who had been arrested and had been tortured mercilessly. The police beat me here also. On 13 May 1992 evening, I was again shifted from Varowal Police Station to Sarhali Police station. Here also they started torturing me.

In these 32 days my wife Surjit Kaur sent telegrams to the following persons:-

1. 30-04-1992 Chief Justice, Punjab and Haryana High Court Chandigarh.
2. 02-05-1992 District Commissioner Amritsar.
3. 03-05-1992 Chief Justice, Punjab and Haryana High Court, Chandigarh.
4. 04-05-1992 Director General of Police Punjab Chandigarh
5. 05-05-1992 Governor Punjab, Chandigarh.
6. 06-05-1992 Senior Superintendent of police, Tarn Taran
7. 08-05-1992 DIG Police, Amritsar.
8. 10-05-1992 Chief Minister of Punjab Chandigarh.
9. 12-05-1992 Chief Minister of Punjab Chandigarh.

10.  14-05-1992 Chief Minister of Punjab Chandigarh.

11.  16-05-1992 Chief Minister of Punjab Chandigarh.

On 26 May 1992 the police party of Fatehabad took me back to Fatehabad from Sarhali police station. There Balbir Singh (ASI) asked me to get Rs. 5000/- for release. After paying this money I was release on 28 May 1992.

After being granted bail from 27 April to 28 May 1992, I was spent 32 days in police custody in separated Police Station. The army unit of Fatehabad helped me in my release.

During my illegal custody of Punjab police the judge of designation court cancelled my bail due to non-appearance in the court. I explained to him the reasons of non-appearance and showed all material (telegram) to him and my bail was sanctioned.

The police wanted to take vengeance against my wife because of her telegram to the higher officials. Even after my release the Punjab police tried their best to arrest me again. I left Fatehabad and went to Amritsar with some relatives. The police in my absence interrogated, beat up and abused my wife and children.

When I became convinced that it was impossible for me to live in my village. I approached Col. Manmohan Singh Sainik welfare officer with application on 1 September 1992. I told him about the atrocities of Mr. Surinderpal Singh (SHO) against me. I also explained to him that the police had kept me in different Police Station tortured me mercilessly for 32 days even after my bail was granted.

Col. Manmohan Singh directed me to approach 15 Infantry Division, Headquarter, and also talked to Col. C S Gill (who was Col. A of the area) about my case on the telephone. As Col. Manmohan Singh had told me. I went to see Col. CS Gill who took me and my application to the General Officer Commanding, 15 Infantry Division, c/o 56 APO on the same day. A photocopy of this application No SW/VII/162/4801 dated 1 September 1992 is still with me. The GOC assured me help and advised me to be careful.

After 10-15 days some constables sent by Mr. Balbir Singh, ASI Sub-Police Station Fatehabad came to my residence and took my wife to Fatehabad Police Station for getting her signature. As my wife is not literate they forcibly got my wife's signature. Later, when my wife told me about the incident, I wrote an application to the General Officer Commanding (GOC).

On 25 September 1992 I and my wife went to the 15 Infantry Division, Headquarter. From there Col. CS Gill directed us to meet the commandant of 20 Jat Regiment at Tarn Taran. The commandant deputed a major (either Maj P S Pannu or Maj P S Sandu) of the army Unit. Major Pannu/orSandu along with another officer produced me to Fatehabad Police Station and told the police that there was nothing pending against me for inquiry and that the SHO should not to harass me or my family members.

Mr. Surinderpal Singh SHO was transfer from Goindwal Police Station to Sarhali Police Station. On 13 October 1992, around 5.15 am SHO Mr. Surinderpal Singh and Mr. Balbir Singh, ASI Fatehabad Police Station surrounded my house. But before they and the commandos could attack me .I climbed the roof and escaped from my house .I ran straight to the army Unit at Fatehabad.

After sometime my wife and my daughter Kulwinder Kaur reached the army unit and told the army officers about SHO Surinderpal Singh's misbehaviour and about the physical abuse. She also reported to the officers that Surinderpal Singh had warned that the police would kill Surinder Singh Fauji. She said when she had reminded SHO Surinderpal Singh about the order of army to him, he had replied "We don't care for army order." At that time my daughter Kulwinder Kaur was 18 years old. After that an army officer summoned Mr. Surinderpal Singh SHO but the latter denied having ever come to my house and having attacked me. However, when my wife and daughter produced evidence he acknowledged that he had attack me with some commandos. The army officer assured me that the police would not harass me again and we came back home.

On 4 December 1992 SHO Mr. Surinderpal Singh and some police personnel's came to my house in civil dress. They said that my wife was giving shelter to some terrorists an allegation which she firmly refuted. They wanted to arrest my wife with help of false charge.

Next day i.e. 5 December she met me told me about the previous day's incident. I advised her to leave Fatehabad with children and stay in her father's house in village Bhoin for sometime.

At midnight on 9 December 1992 and early hours of 10 December 1992, Mr. Surinderpal Singh SHO, who was in civil dress along with some other police Commandos in uniform came to my residence and started beating my wife and children, forcing them to tell about my where about. On 10 December 1992 I went to see my daughter at her school at Tarn Taran. She narrated the incident of the previous night and started crying. I conveyed a message to my wife through my daughter to meet me at Bundala village on 11 December 1992, 9 am. Next day on 11 December 1992 she met me at Bundala village. From there I took my wife Surjit Kaur to Amritsar to show her where I was staying. On the same day she went back to Fatehabad at 3.50 p.m. my wife was taken into custody after reaching Fatehabad and valuable things mentioned as under were taken by the police illegally

1. 300Lt. Godrej refrigerator.
2. Portable black and white Texla Television.
3. Gold ornaments of about 15 tolas. (Necklace of 2 tolas,kara of 2 tolas,4 bangles of 1 tolas each,2 pair earring of 2 tolas, 3 rings of 3 tolas ,tikka (ornament of forehead) 1 ½ tolas, 1 hair clip of ½ tola)

My second son Gurpreet Singh reported the matter to army commander at Fatehabad and the army inters provided safety to the childern by getting my Father-in-law Sardar Kesar Singh to take care my childern.

I came to know about the incident on 12 December 1992, and felt helpless as I myself was in a far away place apprehending danger from the police. I was deeply hurt as no help was coming to rescue my family from the terrorism of the police. The police did not even care about the army order and all the correspondence to various authorities and the judiciary was in vain.

Taken into Custody Again

On 13 December 1992 I came to Tarn Taran to meet my brother to enquire about my family. Before I could meet him, unfortunately I was surrounded and taken into custody by Surinderpal Singh SHO and some commandos at Tarn Taran Jandiala Railway crossing. I was blindfolded, and my hands and legs were tied and I was thrown into the police vehicle. I was detained in Sarhali Police Station and stripped naked in the cold winter of December. While I was still blindfolded, and my arms and legs were tied. I was thrown into the corner of the room without any food, water and clothes. In the room I could hear the cries and shrieks of pain coming out from those who were tortured. The atmosphere in the room was scary.

I tried to ask the name of the person who was next to me and had been tortured mercilessly by police but the sentry standing behind gave me a kick on my head that I had to keep quiet.

On the night of 14 December 1992, I was taken from Sarhali Police Station by Sarhali police party. I came to know through the conversation that I was going to be taken to Chola Sahib Police Station. After reaching Chola Sahib Police Station were take other person in our van to Gharka village on the banks of river Beas. I was hearing they were crying with pain. When the police van stopped, one of the policemen told us to get down saying that Gharka village had come.

False Encounter

After getting down from the police van, we were taken towards the banks of the river Beas. On the way the strip over my eyes was removed as it was difficult for me to walk properly. There was one floodlight with the police and I saw the six persons crying in pain. The men had been subjected to severe torture and were unable to walk properly. Their hair was loose. I had saw, Mr. Surinderpal Singh, SHO, incharge Police Station Sarhali, Mr. Balbir Singh, ASI incharge Police Station Fatehabad and another policemen in uniform with one star. A large number of police force had the surrounded the place on the way I notice many police vans were coming behind us

After reaching the banks of Beas the police asked us to stand in line. I was standing in the middle. The policemen took position and were ready to shoot. Then the police switched off the floodlight. With the help of a little light I could see all things around me.

Mr. Surinderpal Singh SHO, Balbir Singh ASI and another ASI fired from their service revolvers or Pistol at seven of us and two of the persons were hit. Thereafter the other policeman opened fire from his sten-gun. When the floodlight was switched off and the police started opening fire, my army training and drill helped me and immediately I rolled over the ground, concealing myself. I crawled on and hid myself along the bushes on the banks of river Beas. The police picked up the six corpses and threw them into the river. As the policemen were drunk and did not count the dead bodies while throwing corpses into the river, they thought I was also killed in the firing. In the drunken state the police party danced and shouted "KPS Gill Zindabad" and left the place in their vehicles without noticing that I was still alive.

Escape

After the police left the scene, I looked for the other the corpses to see if any of them were alive. But all the bodies were drowned in the river and I was unable to trace a single body. This harrowing incident made me shocked and terrorized me so much that I could not describe the agony and the mental suffering I went through. The shock, coupled with the pain and the chilly winter night on the banks of the river Beas was a horrible and terrible experience. I do not know I survived the ghastly incident. I managed to get up and started walking fast to escape this unforgettable experience. At dawn I reached the main road where I got into a mini bus and requested the conductor to take me to Amritsar free of charge. The conductor was very kind to me, he not only did not charge the fare but also extended his affection by providing me with a blanket. The conductor left me at Tarn Taran and gave me Rs 50/- and dropped me in Amritsar Bus.

From Amritsar I reached Ludhiana on 15 December 1992 and met Col. Harbant Singh Kahlon, president of Sant Sipahi Front and narrated the Whole incident. Col. Harbant Singh provided me medical care and gave me Rs 500/- and on 16 December, I reached Chandigarh and met Justice Ajit Singh Bains, retired Judge of Punjab and Haryana High Court and president of Punjab Sikh Human Right Forum. I narrated the whole incident to him. I also met Bibi Baljeet Kaur, Secretary of Punjab Sikh Human Right Forum. Later I met Mr. Navkiran Singh, advocate of Punjab and Haryana High Court who recorded my statement and made a video and from there I went into hiding to save my life.

Thereafter I started enquiring about my wife and children. I came to know that my wife was illegally detained in Police Station, B division of Amritsar. In fact my wife had sent a letter from the  division Police Station, Amritsar to my father-in-law Sardar Kesar Singh at Bhion village and this in turn reached me through a relative.

After knowing about the where about of my wife I reached Amritsar on 31 December 1992 and met Col. C S Gill of 15 Infantry Division, Headquarter on 1 January 1993 and informed him of the happening. Col Gill brief the entire case to the General Officer Commanding, 15 Infantry division and GOC called on DIG Punjab Police Station on 2 January 1993. My wife was released on 9 January 1993 after 30 days of illegal detention on the intervention of General Officer Commanding, 15 Infantry Division, C/O 56 APO.

Torture and Abuse of Wife

During these 30 days of police detention my wife was abused physically and mentally. She was stripped and beaten up and was asked to prepare roties for the policemen. Surinderpal Singh SHO went to Police Station division after 14 December 1992 and beat my wife mercilessly telling her that he had liquidated me and she would also shortly follow the same way. All this happened in front of DSP Gurwinder Singh Dhillon of division. Mr. Charandas SHO, incharge division Police Station, had also beaten her after disrobing her several times. The article which the police had stolen while arresting my wife have not been returned until now.

I have with me all the petitions my Father-in-law S.Kesar Singh submitted to GOC 15 Infantry Division, Headquarter and Ex-servicemen Grievance Cell, Amritsar regarding illegally detention of my wife.

Purpose of Harassing Wife

The main purpose of harassing my wife and my family was to scare me, to demoralize me to break my body and mind so that they through I would surrender to them. The police wanted to create a terror in the village and to disrepute our family before all the villagers by detaining my wife and taking away all the property. After my wife was released she made frantic efforts to get back all the articles taken by the police. She informed the Ex-service Grievance Cell, Amritsar that her father Sardar Kaser Singh had submitted a number of petitions for return of the articles and had met several times the DSP Gurinder Singh Dhillon of division. But the articles were not returned and the DSP would tell him to collect the articles from Surinderpal Singh. I have with me the petition marked to SSP, Amritsar from the Ex-servicemen Grievance Cell asking them to return my articles.

Regarding this I also met Mr. D S Gill , chairman , International Human Right Organization, Ludhiana, who recorded my statement and made video.

All this times the Punjab police force was under the impression that I was dead. Gurinder Singh Dhillon, DSP took my Godrej 300 Ltr refrigerator and kept it at his residence presuming that I was dead.

As I did not have any money and I want my relative to know about my whereabouts, I used to eat in Gurudwara. This has affected my health, digestion and led to a loss of blood.

Running from Pillar to Post:  1993

I met Mr. Simarnjeet Singh Maan, the then president Akali Dal (Mann), on 21 June 1993 at his village Talania, Fateghar District. He gave me a patient hearing, arrange for medical care and gave me Rs 1,000/- . I came back to Ludhiana and took a room on rent. Every week I used to get medicines from Mr. Maan.

After my health recovered I met Mr. Ranjan Lakhanpal , advocate Chandigarh who moved a writ petition no. 14548/93 before the Punjab and Haryana High Court on 20 October 1993 praying that security be provided and the property stolen be returned. The High Court directed the chief secretary, Punjab Government to ask Surinderpal Singh SHO to himself before the Court. Surinderpal Singh came to know that I was still alive after this writ petition.

The Punjab police did not enquired about my whereabouts from 14 December 1992 to 20 October 1993 as they confidant that I had been killed. Before 14 December 1992 every day the police would come to my house and would harass and threaten my family. But the period between 14 December to 20 October 1993 the police left my family alone. However the police started harassing my family again after the writ petition was filed before the Punjab and Haryana High Court Chandigarh.

1994

The Punjab police took my Father-in-law into their custody on 29 January 1994 pressurizing him to locate me and ask me to withdraw my writ petition. My father-in-law, an old man of 90 years, was mercilessly beaten by leather straps. He was released the next day i.e. 30 January 1994 after the panchayat of the village Bhoin gave an undertaking that would produce me by 10 February 1994.

As I was not produce before the `police on 10 February 1994 as assured by the panchayat, my father in law was again taken into custody and indiscriminately tortured. Then I moved the Punjab and Haryana High Court for release of my father-in-law and conveyed to the court that I apprehended that I and my family member may be arrested. The Punjab and Haryana High Court gave a stay order on 17 February 1994 directed the Punjab police not to arrest me, my family member and my father-in-law. On 28 February the High Court granted an anticipatory bail to all my family members including my father-in-law.

My wife Surjit Kaur sent two telegrams to Chief Justice, Supreme Court of India New Delhi and Chief Justice, Punjab and Haryana High Court Chandigarh on 11 and 17 February 1994 informing them of the illegal detention of my father-in-law. She also approaches the Ex-servicemen Grievance cell on 16 February asking them to intervene and call for the release of my father-in-law. The Ex-serviceman Grievance cell in turn approached Deputy Commissioner Amritsar, SSP Amritsar, and DSP Goindwal to take action. After all these effort the police released him on 3 March 1994 on the assurance of the Panchayat of village Bhoin that my father-in-law would produce me before the police on the 10 March 1994. Even then they did not released him until he had paid Rs 400/- towards his expenses for 22 days of illegal detention.

On the basis of my wife's telegram sent to Chief Justice, Supreme Court of India on 11 February, regarding the illegally detention of my father-in-law the Supreme Court on 23 February directed the Director General of police Punjab state to investigate the matter and submit the report . I am not aware of what action has been taken on the Supreme Court's order.

My wife sent also sent a telegram to the Chief Justice , Punjab and Haryana High Court on 11 February 1994 informing the Court of the illegally detention of my father-in-law . The Chief Justice Punjab and Haryana High Court directed the DSP Bhupinder Singh of Goindwal Police Station to submit a report. The DSP submitted a false report before the Chief Justice that they had never arrested a person by the name of Sardar Kesar Singh from village Bhoin.

I was shocked at the way a Punjab police officer could gave a false report before the court. If this state of affair in Punjab How can we expect Justice here? As it was impossible for me to expect Justice in Punjab, I approached the Supreme Court in April 1994, through my advocate Mr. R S Sodhi, requested that my case pending before the designation Court of Amritsar arising out of FIR no.49/91 be transferred preferably to Delhi. This case is pending before the Supreme Court. Meanwhile, the Supreme Court on 4th May 1995 directed the session's judge, Delhi to record my statement regarding the incident on 14 December 1992 and also provided the police protection. I am deposing before this court on the basis of the Supreme Court's order.

I am deeply hurt and worried that the policemen who were involved in harassing and terrorising me and my family and were transferred earlier have now came back to Tarn Taran. Ajit Singh Sandhu who was the SSP of Tarn Taran when I witnessed the fake encounter in which six persons were gunned down on 14 December 1992 was reinstated to the same place. Similarly SHO Surinderpal Singh, Sharli Police Station is also back to the Police Station and is now tampering and destroying the evidence. All the policemen who were involved in earlier incident are back to their same placed and threatening us.

1994:  Arrested Again

When I went to my residence Fatehabad on 18 September 1994, I was once again arrested by Raj Kumar, in charge of Police Station of Goindwal, ASI Shamsher Singh, in charge of sub Police Station Fatehabad and other commandos on 23 September 1994 and was taken to Goindwal Police Station. I showed them my Supreme Court orders but they did not care for the orders and instead they said that the Supreme Court was in Delhi and this state only their rule would prevail. I was in severely beaten by the police and was produce before DSP Kuldeep Singh Goindwal Police station, who allows me to leave. Fearing for my life, I approach the session judge, Amritsar Amardutt and he asked to contact my advocate R S Sodhi for further order from the Supreme Court. On the advice of my advocate I filed an affidavit before the Supreme Court on 28 September 1994.

Even then the police did not stop harassing my family and on the night intervening 13 and 14 January 1995, Punjab police took into custody my wife and my son Harpreet Singh and detained them in Fatehabad sub Police Station. They were released on the early hours of 14 January 1995.

Since 27 May 1986 till today I have been subjected to physical, mental and Police Station psychological pressure by Punjab police and this has affected me and my family and the education of my children. The valuable articles stolen by Punjab police have not been returned.

How can I forget the illegal detention of my wife, the filling of a false TADA case against me, the planting of two hand grenades to falsely implicate me, miraculasously escaped from the fake encounter, and the lies of some Punjab policemen before the Court?

If the letter which I had sent from Amritsar jail through my wife, Mrs. Surjit Kaur to the President of India on 25 November 1991 whose copies were sent to the Prime Minister of India, Union home Minister, Honourable Chief Justice of Supreme Court of India and Honourable Chief Justice of Punjab and Haryana High Court Chandigarh had been acted upon; I would have escaped all the sufferings.

My family life has been shattered, and because of the fear of the police nobody is willing to help me and my family. The whole incident had a disastrous affected on the physical, mental, health and education of my family member and the damage is irreparable. Therefore, I pray the Honourable court to order some compensation for the physical and mental trauma that I my family have gone through.