Defend the Defenders: Human Rights Law Network

Ongoing Efforts and Cases in Punjab

The cases of the Punjab Police, who were investigated by the CBI for torturing Sikh youth and killing them in custody and thereafter clandestinely cremating the bodies, are now being argued in the Supreme Court. Mr. Colin Gonsalves is appearing for Chamanlal, the father of the deceased man. The Trial Court in Punjab held that the sanction of the government was not necessary to proceed with the trial. The High Court held likewise and dismissed the Appeal of the Policemen. The Supreme Court is now hearing the Appeal.

Sikhs for Justice have filed a case in the Punjab and Haryana High Court seeking rehabilitation (particularly housing plots) for those who were evicted during the genocide of 1984 at Delhi. This petition was dismissed. We filed the Special Leave Petition in the Supreme Court. In the Supreme Court we requested the Court to allow the Sikh victims of the 1984 genocide to directly approach the Court instead of through Sikhs for Justice. This was allowed and now the families can file a case directly in the Supreme Court.

Together with Advocate Phoolka it is proposed that a petition should be filed in the Supreme Court regarding the premature closure of a large number of cases of the 1984 genocide by the police. Secondly, certain cases where the accused were acquitted because the police did not produce the eyewitnesses who were available, will also be taken up. Thirdly, together with advocate Navkiran a petition will be filed regarding the cases of Sikhs similarly situated and now in Punjab.

Sadda Haq” was banned by the three governments of Punjab, Haryana and Delhi. The producer and director of the film approached us and a petition was filed in the Supreme Court, which was heard immediately. The Court directed that the certificate ought not to be “U” and directed a limited review. The Court also specifically recorded the objection of the state governments to the effect that a screening of the film would create a law and order situation. The Supreme Court directed that the film should be permitted to be screened without any obstruction whatsoever. Pursuant to the Supreme Court order the Censor Board Certificate was altered from “U” to “A” and the film was screened in Punjab and Haryana to packed audiences.

Baljinder Kaur Vs. State of Punjab: This case pertains to the murder of the son of Baljinder Kaur, who was killed by the accused but the incident was known as accident. The complaint regarding the inaction of the police authorities was filed in person by the complainant in the Punjab State Human Rights Commission.

Paramjit Kaur vs. State of Punjab: Paramjit Kaur complained about the false involvement of herself and the other members of her family in a false FIR registered on the complaint of the accused instead of registering the case against the accused. We appeared on behalf of the complainant.

Kalimuddin Vs. State of Punjab & Ors. CRM-M-13094-2012: Kalimuddin is around 65 years old person. His son Mohd. Tehruddin was about 25 years old when he was murdered. His son was running a fruit shop in Mohali and had taken the shop along with its first floor on rent in the month of November, 2009. The owner of the shop was trying to disposes him illegally and forcibly from the shop. His son moved so many representations to the police officials to protect his life and liberty but no action was taken against them. His son got a stay order on that shop. On February 8th, 2011 his son was abducted and was threatened either to withdraw the case or to get ready to be eliminated by the abductors hired by the shop owner. His son again moved a representation about his abduction to the police officials but again no action was taken against them. On June 8th, 2011 his son was murdered and the police in connivance with the persons had camouflaged the murder of his son into an accident. A petition is moved in Punjab & Haryana High Court under section 482 of Cr.P.C. for directions to investigate into the murder through CBI or other independent agency.

Filed Under: Cases

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