Kanwar Pal Singh Gill - Later Developments in Human Rights Matters

Later Developments in Human Rights Matters

On January 16, 1995, Jaswant Singh Khalra, human rights activist and general secretary of the Akali Dal's human rights wing, issued a press note alleging that Punjab security organizations had cremated thousands of unidentified bodies. . Khalra suggested that most of those cremations were people with links to the separatist movement who had been picked up illegally by the Punjab police from 1984 to 1994 (this was later found to be true by the National Human Rights Commission of India after their own investigation). In January 1995 Khalra’s organisation filed a writ petition in the Haryana High Court requesting an independent investigation of the disappearances and cremations. The High Court dismissed the petition on the ground that it had no locus stand.

Khalra had told others that he was receiving threats on his life from the Punjab police shortly before his abduction on 6 September 1995. Khalra "disappeared" while cleaning his car outside his house where "several witnesses saw him being picked up by Punjab police outside his home in Amritsar in the Indian state of Punjab. Police officials denied that he was arrested or detained". Khalra was taken into custody by Punjab Police on 6 September 1995. Human Rights Watch reported that a September 11, 1995 writ of habeas corpus from the Supreme Court was presented to DGP Gill, and officials denied that police had detained him.

In 2001, Sardool Singh, speaking for the Zinda Shaheed Police Officers Association, announced to the press “We have decided to return the gallantry medals to the President of India on the occasion of Police Martyr’s Day on October 21 if the cases against us are not withdrawn.” He also said that the association was filing a writ with the Supreme Court that cases be opened against senior police and political staff, including then-Director General of Police KPS Gill, for their "... ordering and certifying the encounters..." that resulted in over 650 junior officers facing human rights violation charges.

In 2003, Khushwant Singh, author of "A History of the Sikhs", wrote a review of "Reduced to Ashes: The Insurgency and Human Rights in Punjab" for The Tribune titled K. P. S. Gill you have questions to answer. Khushwant Singh noted that he supported Gill's use of extrajudicial methods to "stamp out terrorism" as the judicial system was in a state of collapse due to judges being too frightened to rule against the "terrorists." Singh commented on the murder of J.S. Khalra that "There were others like him who were disposed of because the police did not like them." and "It is spine-chilling." Khushwant Singh reported that when asked for comment, Gill's response was "Rubbish." The review continued "Well, Mr Gill, it is not rubbish; you and the Punjab police have quite a few awkward questions to answer."

In 2004, India's National Human Rights Commission published a list of 2097 bodies cremated as unclaimed. Of those, the Commission had identified 693 at the time.

In 2004, Khushwant Singh wrote K.P.S. Gill Is a "Hero" for The Tribune, and stated that "For 10 years, the Punjab countryside..." had been "...in the grip of terrorists..." until KPS Gill and Julio Francis Ribeiro led the Punjab Police to "...put them down with a heavy hand." Khushwant Singh reported allegations that Gill was "...a wanton killer...", but that in his judgement, this view was not correct.

In 2005, Special Police Officer Kuldeep Singh testified in court that in October 1995, after Khalra had been beaten and tortured, and bore the signs of torture on his body, then-DGP KPS Gill visited Khalra at SSP Ajit Singh Sandhu's home. He further testified that Gill remained with Khalra in the room for "half an hour", that a few days later Khalra was killed, and finally that on the way back to Jhabal police station after disposing of the body, he was told that Khalra could have saved himself if he had listened to the advice of KPS Gill. This evidence was accepted by the Trial Court, the High Court and Supreme Court of India as being reliable.

Human Rights Watch and Ensaaf (another human rights organization focused on Punjab), argue that KPS Gill had knowledge of Khalra's illegal detention, could reasonably have been expected to have knowledge of his torture, and had the authority and responsibility to order Khalra's release, which would have prevented Khalra's death.

On November 18, 2005, six Punjab police officials were convicted and sentenced to seven years imprisonment for Khalra’s abduction and murder. On October 16, 2007, a division bench of Punjab and Haryana High Court chaired by Justices Mehtab Singh Gill and A N Jindal extended the sentence to life imprisonment for four of those convicted: Satnam Singh, Surinder Pal Singh, Jasbir Singh (all former Sub Inspectors) and Prithipal Singh (former Head Constable). The Supreme Court upheld the convictions of the 6 police officials for their involvement in the abduction, detention and murder of Khalra. KPS Gill was DGP of the Punjab Police at the time and the convicted officials were his subordinates.

Some 17 years after Khalra’s abduction and murder the writ petition filed by his wife Paramjit Kaur Khalra into the role and involvement of KPS Gill is still pending before the High Court.

Human Rights Watch noted that one case under investigation in 2007 by India's National Human Rights Commission focused on allegations that "thousands" had been killed and cremated by security forces throughout Punjab.