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December 2, 1999

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Conviction of 3 cops has Punjab police worried

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Onkar Singh

The verdict in three different cases has sent shivers down the spines of the Punjab police. They have learnt that seven of their colleagues have been convicted to varying terms in prison for allegedly killing innocent people in false encounters and passing the victims off as proclaimed terrorists.

The officers convicted included one deputy superintendent of police, one inspector and five other officers of various ranks.

In another case, other policemen have been convicted, but the Punjab and Haryana high court has stayed the sentence and admitted an appeal against the lower court's order.

What upset Punjab police officers were the words used in one judgment. The judgment said some police officers, while fighting militancy in the state, thought they were above the law and that they could get away with murder.

"How could they say something like this? Where was the law then?" asked a senior Punjab police officer, on condition of anonymity.

About 240 officers of the Punjab police, including eight superintendents of police, 15 deputy superintendents, 17 inspectors and personnel of other ranks, face trial in various courts in Punjab. More then 1,500 cases are yet to be probed by the Central Bureau of Investigation. Seventy are currently at the advanced stage of investigation. Thirty-three are under judicial investigation and 40 are being tried in various courts.

"We have another 1,100 cases of cremation of unidentified bodies. These cases are definitely taking its toll," admitted one senior police officer.

Officers who fought militancy are sore about the development.

"Which officer is going to fight militancy should it raise its head in the state again if he knows that he may be hauled up later for killings terrorists in encounters?" fumed another officer. "We had been given a task to be accomplished and now that the state is back to normal, the same people who sought our help to ward off terrorists are taking us to the courts. Hundreds of our colleagues line up before various courts every day in different districts," he said.

The Punjab police has created a special litigation cell which is taking care of the cases filed against officers and other personnel. The cell is headed by an inspector-general of police with a reputation for integrity.

Police officers, however, admit there may have been cases of excess.

"We are not holding a brief for those who killed innocent people in false encounters. Those who have committed misdeeds must pay for their actions. But this does not mean that all policemen have to be hanged for the misdeeds of a few. Certainly, not all the policemen violated norms and killed innocents in false encounters. Even the relatives of hardcore militants have gone to the courts. This is definitely affecting the morale of the force to a great extent," Director General of Punjab Police Sarbjit Singh told rediff.com

The cases, the DGP added, are filed under section 304 of the Indian Penal Code when an accused is killed in custody during interrogation.

Police officers blame human right organisations for their predicament.

"These people have been collecting money from various benefactors in foreign countries and utilizing these funds to fight cases against the policemen," another Punjab police officer alleged.

But Akalis leaders have a different story to tell.

"These policemen became too big for their boots. They would treat human beings like dirt when they were fighting militancy. They thought nobody would be hauled up. If some human right activist tried to investigate the fake killings, he was abducted and killed. Now they are raising a hue and cry about their prosecution and subsequent conviction," a former Union Cabinet minister told rediff.com

"The conviction of seven police officers in three different cases have proved that all was not right with the manner in which they fought militancy. Some of their actions were not above board," he added.

Though the Punjab police is battling for its officers and men, no officer wants to defend the actions of their colleagues on record. They know they could attract contempt of court proceedings from the Supreme Court which directed the CBI to probe some cases.

The officers are also afraid of annoying the National Human Rights Commission which referred some cases to the CBI for investigation. There is also the People's Forum, headed by former Supreme Court judge Justice Kuldip Singh, to reckon with.

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