Punjab

NAKODAR POLICE FIRING OF 1986 KILLING FOUR YOUTHS: PETITION FOR REGISTERING FIR AGAINST DM AND SSP

March 08, 2019 08:29 PM

Chandigarh (Subhash Jindal)

Punjab and Haryana Highcourt on Friday seek some more information from petitioner seeking registering criminal case under Section 302/307/34 IPC against then DM/SSP/SP (Operations) on Nakodar Police Firing of 1986 killing four young persons. Highcourt directs the counsel for  petitioner to supply some more information:

A Criminal Petition filed by Baldev Singh of village Libran, District Jallandhar, (presently with dual citizenship of India and Canada) seeking the setting up of a SIT (Special Investigation Team), preferably of CBI, for investigation into killing of four young persons, including Ravinder Singh (son of the petitioner), after registering an FIR under Sections 302/307/34 IPC against then DM (Darbara Singh Guru)/SSP (Mohd Izhar Alam), and SP (Operations) (Ashwani Kumar Sharma, on 4.2.1986, came up for preliminary hearing today before the HC Bench comprising Justice Mahabir Singh Sindhu.

A Criminal Petition filed by Baldev Singh of village Libran, District Jallandhar, (presently with dual citizenship of India and Canada) seeking the setting up of a SIT, preferably of CBI, for investigation into killing of four young persons, including Ravinder Singh (son of the petitioner), after registering an FIR under Sections 302/307/34 IPC against then DM (Darbara Singh Guru)/SSP (Mohd Izhar Alam), and SP (Operations) (Ashwani Kumar Sharma, on 4.2.1986, came up for preliminary hearing today before the HC Bench comprising Justice Mahabir Singh Sindhu.

The petitioner has alleged that four “birs” of Guru Granth Sahib were burnt on 2.2.1986 in a Gurdwara at Nakodar, and a substantial number of enraged Sikhs were taking out a protest march in Nakodar on 4.2.1986, when the Police lead by Ashwani Kumar Sharma fired 300 rounds on them. Four young men were killed at the spot. The Police got permission from DM (Darbara Singh Guru) in writing for conducting postmortem of the dead bodies during night hours due to tense situation, where after they were cremated in a clandestine manner, without involving/ inviting their parents. Next morning, the ashes of Ravinder Singh were offered to the petitioner, who declined to accept by recording his protest in writing that since the sons have been cremated without their consent, though parents were willing for joining cremation, therefore, he can not accept ashes of his son.

The then State Government appointed Justice Gurnam Singh Inquiry Commission, for inquiring into the matter, and submitting its findings, who submitted his report on 31.10.1986, but Government kept sitting on this report. Eventually, Inquiry report was placed on the table of Punjab Vidhan Sabha in January, 2001 in a clandestine manner, and petitioner did not even come to know of it. The petitioner got a copy of the Inquiry report, through efforts of Kanwar Sandhu and H.S. Phoolka, MLAs, who raised questions in Punjab Vidhan Sabha on 13.2.2019, and were informed by the Chief Minister that Inquiry Report stood laid on table of the House in January, 2001.

Petitioner has submitted that Judicial Inquiry Commission has severely indicted the three respondents. It has been concluded that before ordering firing on the mob, A.K. Sharma, did not seek permission from DM, Jallandhar, and did not even inform them, although both of them were sitting at a distance of One Kilometre only at Nakodar itself. Mob was not asked to disburse before firing on them, Postmortem reports revealed that all the four youth were fired on chest or above. One was shot at the jaw. Police firing was “indiscriminate and ruthless”. 8 persons were injured, and most of them were found to have been fired on upper portions of their bodies. The dead included (i) Ravinder Singh, son of the petitioner; (ii) Harminder Singh (village Chalupur); (iii) Baldhir Singh (village Ram Garh); and (iv) Jhilman Singh (of village Rajewal Gorsina).

The petitioner has compared this killing incident with Behbal Kalan firing, and has prayed that FIR under Sections Section 302/307/34 IPC is required to be registered against the respondents.

The Bench however, asked the Counsel of the petitioner that part-2 of the Commission’s report, which contains affidavits/evidences etc. be also placed on the record of the case. The Counsel has also been directed to file additional affidavit of petitioner to make an averment as to whether the Vidhan Sabha had taken any decision on the recommendations made by the Inquiry Commission , and if so, what was the decision.

The Petition shall now come up for further hearing before HC on 2.4.2019.

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