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Punjab: Ex-SHO, then ASI get life term in 1992 fake encounter case
A probe by the Central Bureau of Investigation found that the police falsely implicated two youths in murder of a minister’s son and killed them in a staged ‘encounter’ in Amritsar village
A special Central Bureau of Investigation (CBI) court in Mohali awarded life imprisonment to former station house officer (SHO) Gurbhinder Singh (72) and former assistant sub-inspector (ASI) Purshotam Singh (70) in a 1992 fake encounter case in which two persons were killed at Majitha in Amritsar.
Gurbhinder and Purshotam were convicted by the court of Rakesh Gupta, special judge, CBI, on Friday under Section 302 read with 120-B of the Indian Penal Code (IPC) for the murder of Baldev Singh, alias Deba, and Lakhwinder Singh, alias Lakha, alias Ford and under section 218 of the IPC.
The CBI court awarded rigorous life sentences to both the convicts under Sections 302 (murder) read with 120-B (criminal conspiracy) of Indian Penal Code (IPC) and imposed a fine of ₹ 2 lakh each under the said sections. The convicts were also awarded two-year jail term and ₹25,000 fine each under Section 218 (offense of a public servant making an incorrect record or writing with the intention of saving someone from punishment or property from forfeiture) of the IPC.
Baldev, who was 25-year-old and married then, was serving in the army as Lance Naik and was on leave while Lakhwinder, was only 15-year-old.
At that time, police had claimed that both were hardcore terrorists with bounties on their head and were involved in several cases of murder, extortion and dacoity, including the killing of Harbhajan Singh, alias Shindi, son of Gurmej Singh, the then cabinet minister in the Beant Singh government.
The CBI took over the investigation in 1995 following the Supreme Court orders in connection with large-scale cremation of unclaimed bodies by the Punjab Police. During its investigation, the CBI established that Baldev was picked up from his house in Baserke Bhaini village on September 6, 1992, by a police team led by then-sub-inspector Mohinder Singh and Harbhajan Singh, the then SHO of Chheharta. Similarly, Lakhwinder, a resident of Sultanwind village, was picked up from his rented house in Preet Nagar, Amritsar, on September 12, 1992, along with one Kulwant Singh by a police team led by SHO Gurbhinder Singh of Majitha. Kulwant was later released.
The CBI found that the Chheharta police had falsely implicated Baldev and Lakhwinder in the murder of the minister’s son, who was killed on July 23, 1992. The Chheharta police had then shown Baldev’s arrest in that murder case. On September 13, 1992, both were killed and the police fabricated a story that while taking Baldev to Sansara village for the recovery of arms and ammunition, an encounter took place with militants, resulting in the deaths of Baldev and Lakhwinder (who was shown as an attacker).
Sarabjit Singh Verka and Jagjit Singh Bajwa, counsels for the victims’ families, said even after the verdict after 33 years, it is not clear who killed the son of the minister for which the victims were held responsible by the Punjab Police.
The CBI concluded that both victims were illegally detained and later killed in a staged encounter. It was also found that there was no record in the police logbooks of any police vehicle visiting the alleged encounter site. Furthermore, the police claimed that the unknown militant killed during the encounter was identified by the injured, Baldev. The postmortem report confirmed that Baldev died instantly, making such identification impossible.
Though the CBI had cited 37 witnesses in this case, only 19 statements were recorded as many of them passed away during the trial.
During the extended trial period, several accused, including Harbhajan Singh, Mohinder Singh, Purshotam, Mohan Singh, and Jassa Singh, also passed away. The remaining accused — SS Sidhu, the then DSP of Amritsar, Chaman Lal, the then CIA in-charge of Amritsar, Gurbhinder Singh, the then SHO of Majitha, and ASI Parshotam Singh — faced trial in the case.
The court on Friday had acquitted former deputy superintendent of police (DSP) SS Sidhu and former inspector Chaman Lal, granting them the benefit of doubt.
Their counsel Gurpratap Singh said that both the senior police officers were acquitted since they were not part of any criminal conspiracy ever.
Families of the victims broke down in the court complex after the verdict. Sukhwinder Kaur, the grieving sister of Baldev Singh, said the convict cops ruined their families and demanded capital punishment for them.
Pushpinder Singh Natt, counsel for the victims’ families, said the complainants want to go for an appeal in a higher court to seek punishment for those acquitted.
