DSP, 5 other cops guilty

DSP, 5 other cops guilty
http://www.tribuneindia.com/2007/20071207/main6.htm

Patiala , December 6
One deputy superintendent of police (DSP), a sub-Inspector, a retired assistant sub-inspector and three constables have been found guilty in a case of custodial death of Balbir Singh, by the court of additional sessions judge Kuldip Singh. Sentence will however, be announced by the judge on Friday after hearing the defence counsel.

DSP Rajinder Pal Singh Anand, former ASI Rajpal Singh, SI Jagdev Singh, now posted at Khanna, and constables Darshan Singh, Vinod Kumar and Mohinder Singh were detained by the police immediately after the Judge pronounced them guilty in the case.

The DSP, who was posted at Nabha as inspector and in charge of the CIA staff Nabha, and others were booked 1997 following a CBI probe in a case related to custodial death of Balbir Singh, a resident of Baroh village.

Balbir Singh was detained by the Nabha police in 1995 on the basis of allegations he had stolen some utensils from the village gurdwara. Balbir Singh, however, was later found dead in a canal. The police had claimed Balbir Singh who, was being taken for the recovery of the stolen articles, had jumped off the vehicle in which he was travelling along with other police officials.

The family of the deceased however, filed a petition in the Punjab and Haryana High Court and challenged the police theory. They alleged Balbir Singh died in police custody. The Punjab and Haryana High court had ordered a CBI probe into the matter.

The CBI in its investigations found the police officials guilty and had framed charges against them under Section 302 of the IPC in 1997.

The police officials have been found guilty at a time when Anand was posted at Nabha and this time as DSP.

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ACP, 9 cops sentenced

ACP, 9 cops sentenced
1997: Connaught Place Shooting

New Delhi, October 24
Delhi Police encounter specialist ACP S.S. Rathi and nine other members of his team were today awarded life sentence by a special CBI court here for killing two Haryana businessmen in the infamous Connaught Place shooting 10 years ago, rejecting their plea for lenient view on the ground that it was a case of mistaken identity.

Additional Sessions Judge Vinod Kumar also rejected the CBI plea for awarding death sentence to Rathi and two constables, Mahavir Singh and Kothari Ram, who pumped 34 bullets into businessmen from Kurukshetra Pradeep Goyal and Jagjit Singh in their car in broad day light at a traffic intersection near Statesman building in Connaught Place on March 31, 1997.

"I sentence them to life imprisonment," judge Vinod Kumr said, adding that they would have to undergo rigorous imprisonment. All the policemen had been put under suspension after the case was registered against them and were currently on bail.

He rejected the the CBI plea for capital punishment to Rathi, who headed the crime branch team and the two constables, not agreeing with CBI special prosecutor S.K. Saxena's plea that their crime fell in the "rarest of rare" category.

The court also rejected the plea of all the policemen for taking a lenient view as their counsel claimed that what they did was not an intentional act but hadmistaken one of the businessmen as a gangster. Their lawyers also took the stand that the policemen had been doing their duty while tracking a dreaded gangster Mohammed Yaseen, who faced several cases of murder and extortion. But this was strongly countered by CBI special prosecutor, who said even then the cops did not have a "licence" to kill had it been the gangster they were hunting for.

Saxena demanded death sentence to the three on the ground that their "culpability" fell in the category of the "rarest of the rare". He particularly raised question on the culpability of Rathi, who was a senior officer having decorated with several awards and was expected to act with utmost care.

But the judge did not agree with his contention and ruled "the prosecution's prayer for death sentence is dismissed."

The CBI counsel did not ask for the death sentence to seven other cops, inspector Anil Kumar, sub-inspector Ashok Ran, head constables Shiv Kumar, Tejpal Singh and constables Sumer Singh, Subhash Chand and Sunil Kumar.

The court, while convicting them on October 16, had said it was fully convinced with the prosecution evidence and even if they would have shot dead Mohammed Yaseen, who was a dreaded gangster, still they would have been held guilty as cops had no power to take the law unto their hands. They certainly had the right of self-defence but when they faced extreme situation and were attacked, the court held.

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Delhi shoot-out: ACP, 9 others found guilty

Delhi shoot-out: ACP, 9 others found guilty
16 Oct 2007, 1500 hrs IST,INDIATIMES NEWS NETWORK & AGENCIES

http://timesofindia.indiatimes.com/articleshow/2463352.cms
NEW DELHI: After waiting for a decade, the families of Delhi businessmen Pradeep Goel and Jagjit Singh finally got justice on Tuesday. Suspended ACP of Delhi Police S S Rathi and nine others were found guilty on Tuesday of pumping 38 bullets into Goel and Singh.

The quantum of punishment will be decided on October 24.

The two innocent businessmen were allegedly killed in a fake encounter at CP in March 1997.

The CBI had accused the 10 policemen of gunning down Goel and Singh by ''indiscriminately'' firing at them without any provocation near Statesman House building on March 31, 1997. The agency has blamed the ''callous'' action of the police on the latter's greed to get swiftly promoted by claiming to have killed gangsters.

The CBI further claimed in its chargesheet in 1997 that in order to cover up their crime, the cops planted a pistol and a few cartridges inside the car to corroborate its claim that the first fire came from the businessmen. But the forensic report disproved this theory that any shot was fired from the recovered weapon.

The court framed charges of murder and criminal conspiracy against the policemen, including then Crime Branch ACP S S Rathi and inspector Anil Kumar. Rathi, who was in jail for over three years along with the other accused after their arrest in July, 1997, has also been charged with giving false information to seniors to prove his innocence.

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Probe all ‘cats’, why only mine: Virk

Probe all 'cats', why only mine: Virk
http://www.tribuneindia.com/2007/20070912/punjab1.htm#1

Chandigarh, September 11
Arrested DGP S.S. Virk today opened his heart out on the issue of "cats", militant-turned informers, while challenging the Punjab government to "show guts" and probe the other police officers who adopted similar means. Indirectly, he named a few informers and went on to explain the alleged land deals, the timing of his arrest and the behaviour of the arresting party.

Cats are a reality and cannot be written off now Saini is exposing the very people who helped the police fight terrorism I am paying the price of not being a turncoat Arrest timed to scuttle a move of the Union Ministry of Home Affairs to re-instate me

The Tribune managed to speak to Virk despite a ring of policemen around him. Virk claimed that the entire case against him was fabricated and said, "I am paying the price of not being a turncoat as several other officers did and sided with SAD in the run-up to the elections."

On keeping "cats", Virk said, "Whatever I did was in line with my duty. I was a middle-level official and part of the system fighting militants while the policies were made by the seniors." All officers during those times had their own sets of "cats", claimed Virk while asking the government to find the real identity of police inspector Gurmit Pinki. Also, who got him recruited in the police. But Virk stopped short of naming any more persons, saying that he would never reveal the names of militants who turned informers or were rehabilitated.

"Cats are a reality and cannot be written off now, but action is not being taken against all officers, why me alone?" said Virk.

He alleged, "Sumedh Singh Saini is an erratic chap and now he has exposed the national strategy to fight terror. Just to harm me, Saini is exposing the very people who helped the police fight terrorism."

However, Virk said his arrest was not possible without the consent of Chief Minister Parkash Singh Badal.

Virk alleged that Saini held a personal grudge against him saying "differences had cropped up between us after Saini arrested journalist Gautam Dheer in a case". The media had reacted sharply and Dheer had to be freed while the investigation was taken away from Saini.

Not colony, but cooperative society

On the case of colonisation against him, Virk said it was not colonisation, but a cooperative society in which more than 50 IPS and IAS officers are members. Since owning a house in Chandigarh was impossible, a piece of land was purchased in Dera Bassi. Virk alleged, "Among the initiators of the project was Surinder Pal Singh, now SSP Vigilance, and the investigating officer (IO) in my case."

He said his property shown in Kasauli could be taken by the government as "it is not mine" and added that he had informed the government of all other purchases.

"But why not check, did all officers inform the government of the purchases they made?" he asked

Virk claimed that his arrest had been timed to scuttle a move of the Union Ministry of Home Affairs to re-instate him. The Punjab police was keeping tabs on the developments and ensured that the arrest was made before the MHA could issue the orders.

On reports in a section of the media that SSP Vigilance, Patiala, Shiv Kumar, has shown some disrespect to him, Virk said, "It is incorrect. All men have been addressing me with due respect and nobody, including Shiv Kumar, had show an iota of disrespect at any point of time."

Meanwhile, sources said Shiv Kumar had an exchange of words with former Chief Minister Amarinder Singh when he went to the PGI yesterday, chiding him that Virk did not even heed the words of the former CM during his tenure. A source said Shiv Kumar even reminded the former CM how Virk had tuned down specific requests sent by Amarinder Singh. The latter retaliated by saying that he did not want to enter into an argument.

Shiv Kumar then went on to remind Amarinder Singh that the police only obeyed the orders of the incumbent Chief Minister and claimed that it he who arrested former chief of the Punjab Public Service Commission Ravi Sidhu at the orders of Amarinder.

 

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Virk case: Real issue ‘cats’, not just assets

Virk case: Real issue 'cats', not just assets

 http://www.tribuneindia.com/2007/20070910/main2.htm

Chandigarh, September 9
In what could have wide-ranging ramifications for Punjab and could further spilt the already divided the Punjab police, the Vigilance Bureau has also booked SS Virk for allegedly keeping "cats" - renegade militants - by hiding their identity to tackle terrorism and to keep tabs on militants.

The VB has added Sections 216 and 218 of the IPC to the case of disproportionate assets against Virk. The move has caused ripples in the police force where several officers, have in the past, faced allegations of fake encounters and fabricating cases. While the disproportionate assets case was is being widly covered, the "real" issue lis elsewhere. The biggest scandal of the Punjab police has been "fake encounters" where somebody was killed and shown a terrorist while the real person was either kept as "cat" or just ran away. Human rights bodies have always cried foul on this issue.

By booking Virk, the VB has made it official that keeping "cats" was punishable and the officers who indulged in this could now face the law. Could this open pandora's box? Several officers, who were in the forefront in tackling militancy said it could create new controversies and the VB should have avoided it.

Virk has publicly admitted that more than 300 "cats" were in operation at one time with the Punjab police to tackle terrorism.

Section 218 deals with "public servant framing incorrect record or writing with intent to save a person from punishment … while knowing that the record is incorrect or this could cause loss or injury to public…". This carries a punishment for three years.

Section 216 deals with " Harbouring an offender who escaped from custody or whose apprehension has been ordered". The offence is for that public servant prevents the criminal from being apprehended.

Observers say Section 218 could be used to implicate Virk for providing fake identities to people like Harjeet Kahlon, alias Suklhwinder Singh Sukhi, while Section 216 could be used against him for allegedly having shown that Sukhi had died while in reality hiding him away and hence preventing his arrest.

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DGP Virk arrested

DGP Virk arrested
Owns property worth Rs 100 crore: Vigilance
http://www.tribuneindia.com/2007/20070910/main1.htm

Chandigarh, September 9
Sarabdeep Singh Virk is the first Punjab director-general of police to be arrested on charges of allegedly doing business while in service, misusing his official position, harbouring a person wanted by law and giving him a fake identity, besides possessing assets disproportionate to his known sources of income.

"It is nothing but political vendetta," was the reaction of DGP Virk after his arrest.

Also arrested in the case is Vijaypal Singh Dimpy, former president of the Chandigarh Youth Congress Committee, while the third accused in the case, Sukhwinder Singh, alias Sukhi, who was allegedly given a fake identity, managed to escape before the police party could raid his house in Ludhiana. The Vigilance men, however, recovered a bulletproof jacket, a few fake passports and other documents, including fake university certificates and degrees, from his house.

Taken in custody from Maharashtra Bhawan in New Delhi this morning, Sarabdeep Singh Virk, a Maharashtra cadre IPS officer of the 1971 batch, had sought repatriation to his parent cadre after the Shiromani Akali Dal-Bharatiya Janata Party alliance government in the state suspended him in April for purchasing land in violation of service rules.

Earlier, the Election Commission had directed his replacement as the Punjab police chief on the eve of assembly elections early this year following complaints that the previous Congress government had doled out a favour to him by clearing Chandigarh International Convention Centre in return for help in the elections.

The four-page first information report (FIR) lodged by senior superintendent of police (Vigilance) Surinderpal Singh Virk charges Sarabdeep Singh Virk under Sections 168, 169 (doing business while in service), 216, 218 and 120-B (for harbouring a person wanted by law, giving him a fake identity on basis of false record to screen him from law) and Sections 7,13 (1)(d)(e) read with 13(2) of the Prevention of Corruption Act.

Interestingly, the preliminary complaint received by the Vigilance Bureau against Sarabdeep Singh Virk was verified by Balkar Singh Sidhu, joint director, and Surinderpal Singh Virk, SSP. Joint director, prosecution, and A.S. Rai, who recommended the registration of an FIR in the case, subsequently vet it.

After his arrest, the Vigilance party did not stop the former Punjab DGP from making calls from his mobile phone. Even after he was brought to the Phase VIII police station in Mohali, he was given an independent room with a separate bathroom and was allowed access to his lawyers and family members.

The FIR alleges that Sarabdeep Singh Virk, though in government service, indulged in the business of real state and colonisation. He entered into a business deal with Avinash Singh Grewal for the purchase and disposal of 15 acres of land in Zirakpur. Virk reportedly made payment of Rs 6 lakh to Avinash Singh Grewal through his Sector 9 Times Bank joint account with his wife and daughter.

Subsequently, the Zirakpur land was developed through Balbir Singh, a contractor, and plots were carved out and sold. All regular payments were accepted through cheques and drafts and deposited in Times Bank, which later merged with HDFC Bank.

Initial inquiries revealed that Sarabdeep Singh Virk had an independent account, a joint account with his wife, Dr Jaswinder Virk, while his brother, Rajdeep Virk, and daughter, also have accounts in the same bank.

There were a large number of deposits in the accounts of Virks. Investigations revealed that in Sarabdeep Singh Virk's account, total deposits and withdrawals between 2000 and August, 2007, were over Rs 3 crore. Similarly, the deposits and withdrawals from the account of Rajdeep Singh Virk were also more than Rs 3 crore. Deposits in other accounts were also substantial.

After the Zirakpur colony (land for which was purchased from Avinash Singh Grewal), alleges the FIR, Sarabdeep Singh Virk expanded his colony by another five to 10 acres and sold about 100 plots. Several senior civil servants purchased plots from him.

Virks also constructed a marriage palace, a restaurant and a nightclub illegally. Sarabdeep Singh Virk misused his official position, both as additional DGP and DGP, to manage the affairs of the marriage palace, thus causing a huge loss to PUDA and the state exchequer.

In 2006, Virks got approved a mega project from the previous Congress government and "fraudulently" got three acres of land included in the Zirakpur Notified Area Committee. By this fraudulent transaction, a loss of Rs 10 core was caused to the state.

The properties Virks own include a house in Sector 27, a flat in Sector 39, Chimney Heights, 14 acres of land for Chandigarh International Convention Center, 25 acres of land in Bakarpur village and seven acres of land in Sekhan Majra village in the name of his wife.

The FIR also accuses the former Punjab DGP of misuse of his official position as "sleeping partner" to oversee working of the marriage palace and the nightclub. The Vigilance puts the total value of properties of Virks at over Rs 100 crore.

Interestingly, says the FIR, Sarabdeep Singh Virk, filed an income tax return with a gross income of Rs 6.39 lakh, of which Rs 6.19 lakh was his salary. The declared income of his wife was about Rs 3 lakh.

Besides Vijaypal Singh Dimpy and Sukhwinder Singh, alias Sukhi, the FIR also mentions Anurag Saxena, a former CRPF officer, who allegedly supplied security equipment to the Punjab police using Sarabdeep Singh Virk. The FIR says that Virk purchased security equipment worth crores of rupees from Anurag Saxena fraudulently. Anurag Saxena and Sukhwinder Sukhi have also been charged for running a travel agency and sending people abroad fraudulently under the patronage of Sarabdeep Singh Virk

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Encounters of the eastern kind

Encounters of the eastern kind

 Teresa Rehman
Guwahati

Even as Gujarat lies shamed by the exposing of its record of fake encounters, insurgency-ridden northeast India has its own unending list of horror stories. The region, which has witnessed counter-insurgency operations by the Indian Army since 1950, has a long history of fake encounters, custodial killings, disappearances and torture. What's more, several court verdicts have favoured the victims and ordered compensation to the aggrieved families, thereby directly indicting the Army and the administration.

The situation in the Upper Assam town of Doomdooma is still tense over the killing of Budheswar Moran, a tea garden night watchman, on May 5 this year by soldiers of J&K Rifles. In protest, people have blockaded National Highway 37 and the district administration has clamped an indefinite curfew in the area. The Army has admitted the killing of Moran was "unfortunate" and has ordered a probe to punish the guilty. Assam Chief Minister Tarun Gogoi has also ordered an inquiry into the incident.

The Moran episode is reminiscent of the encounter death of Ajit Mahanta in February last year. Mahanta, a daily wage earner and resident of a village near Kakopathar in Tinsukia district, was picked up by the Army and his body was dumped outside a hospital in Dibrugarh. Mahanta's death triggered mass protests, and eight persons including crpf personnel were killed in the ensuing agitation.

The Indian Army has been under constant fire over allegations of rights violations, rape, torture of innocent civilians, sexual abuse and theft. The draconian Armed Forces (Special Powers) Act, 1958, continues to be in force across the region.

But are such incidents a natural outcome of long years of unresolved conflict? Monirul Hussain, a political scientist at the Gauhati University, says the State cannot absolve itself of its constitutional and moral responsibilities. "The State has a responsibility and a legitimacy and is bound by the Constitution. It cannot engage in killing of innocent people." He says those guilty of "secret killings" during the regime of former chief minister Prafulla Mahanta should be brought to book.

Bijon Mahajan, an advocate at the Gauhati High Court who mostly handles such cases against the Army, says, "Assam is a land of fake encounters, disappearances and custodial deaths. There have been several cases of human rights violations by the State machinery in the name of counter-insurgency operations and the courts have issued compensations for such abuses."

The 28-page book of rules urges soldiers to deal with situations carefully and with restraint, as they are dealing here with their "own people" and not with enemy soldiers. There are also special instructions on how to conduct oneself in situations involving women, including women militants.

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