1994 Encounter By Punjab Police Was Fake, 'Stage-Managed'; False FIR Was Lodged: SIT To Punjab & Haryana High Court

The Special Investigation Team (SIT) constituted by the Punjab & Haryana High Court has submitted before it that the 1994 encounter operation in Punjab's Rupnagar district, which claimed to have killed a militant, was "stage-managed, and the FIR was registered by falsifying facts."

It was submitted before the bench of Justice Vinod S. Bhardwaj, that the SIT after taking legal opinion from District Attorney (Legal), Rupnagar, has registered a fresh case against the then SP of Rupnagar district and the DSP and one ASI under Sections 166A, 167, 193, 195, 196, 200, 201, 203, 211, 218, 221, 222, 420 and 120-B IPC.

The development came after the petition was filed by the wife and father of the deceased killed in the encounter, seeking transfer of the probe of the alleged fake encounter to CBI or an independent agency. It was submitted that the militant who was allegedly killed in the encounter operation in 1994 was later found alive.

The petitioners submitted that in 1994, a few policemen came to the house of the petitioner and took the deceased, Sukhpal Singh, on the pretext of some investigation. They assured that he would be returned the next day; however, he never came back.

In the newspaper reports, the police had claimed that a prominent alleged militant, Gurnam Singh, was killed in an encounter. Later, the petitioners discovered that the killing was not of the militant but of Sukhpal Singh, and the militant was found alive, the petitioner added.

The plea stated that even after filing several representations, no action was taken against the erring officers, and no inquiry was initiated. In 2007, after several efforts, the then-DGP ordered a probe into the fake encounter. The officer retired, and the status of the inquiry was left unanswered.

In the last proceeding, the Court sought a final status report from the SIT constituted by the High Court.

In a six-page affidavit, the SIT informed the Court during the investigation it was found that the FIR which was registered against the militant who was allegedly killed in the encounter operation was registered on false grounds.

"Certain facts and evidence have come across the SIT which proves that said case was registered on false grounds by the officers involved in the encounter. Hence, the cancellation report of case FIR No. 63 dated 29-07-1994 u/s IPC 307, 34 IPC, 25-54-59 Arms Act, 3/4/5 TADA (P) Act, PS Morinda, District Roar has been submitted in the Court of Ilaqa Magistrate, Rupnagar on 02.12.2023."

It was also informed that the FIR under Sections 302, 201 IPC has been registered against the accused Avtar Singh @ Tari and Sukhwinder Singh for conducting a fake encounter operation.

A final status report of the investigation has been furnished by the SIT detailing the investigation in the "sealed cover", Gurpreet Kaur Deo, IPS, Chairperson of the SIT stated in the affidavit.

You may also read: Judicial Intervention In Encounters In India

Advocate R. Kartikeya for the petitioners.

Title: Dalbir Kaur & And. v. State of Punjab & Ors.