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On the 21st July 2010, Bhai Kulwant Singh, son of Saha Singh, was picked up from his home by the Special state Operation Cell (Amritsar) lead by Mal Mandhi’s Officer in Charge, Havinderpal Singh

While in custody, Bhai Pal Singh was severely tortured. As a result of his ordeal the bones in his legs and feet were broken; he lost his hearing in one ear and is suffering from kidney failure.

Judge SH Madhan presided over the case hearing where Bhai Pal Singh, France, a witness to this case, was cross-examined.  

A brief of the cross examination with Inspector Harvinderpal Singh is given below:

Judge: When did Harvinderpal Singh & DA Shri Randhawa bring you into Amritsar (jail) and when did you meet Kulwant Singh.

Me: The arrested from my home (In India) on 22/07/2010. They released me on 17/02/2010.

Judge: What type of condition is Kulwant Singh In?

Me: In a very bad state. He is unable to walk and his feet are swollen.

Judge: Did they (police) torture you as well?

Me: The moment they brought me into Mal Mandhi, they threw me down and beat me up. Many times they would give me electric shocks and pull my hair and my beard. They would also deprive me off my sleep. All day the police officers would interrogate me and at night one or two officers would stay with, to ensure that I don’t fall asleep and if I did they’d beat me with sticks. On 23/07/2010 at 0900am, leading Officer Harvinderpal Singh and his team, took Kulwant Singh out. At 1100am the lower ranking officer’s dragged Kulwant singh back who was at the time unconscious. Kulwant Singhs condition was very dire at this stage.

Judge: It is written on your FIR, that on 25/07/2010, Kulwant Singh & Gurmukh Singh brought weapons that were in your vehicle from the border and that the police had arrested you from the Amritsar - Jalandhar by pass.

Me: Please can you respectful ask Havinderpal Singh this question, because since 21/07/2010, Kulwant Singh, Gurmukh Singh and myself have been in there custody, even my vehicle has been in there keeping. When they arrested me from my village, they had taken my vehicle with them. Then the police officers, sent Kulwant Singh and co, to bring the weapons.

Judge: What evidence do you have that they (Police) had arrested you on 22/07/2010?

Me: Firstly, please can you check the location of the officer’s mobile phones. Secondly, my daughter from Canada, who had come to Jalandhar on 23/07/2010, sent emails to the French Embassy in Delhi, stating that I had been arrested. Thirdly, there was a news article in the Ajit newspaper that ‘plain clothed police officers had picked Pal Singh from his house on 28/07/2010 and have kept him at an undisclosed location’.

They have shown my arrest to be on 27/07/2010, near Jalandhar bus stand. So if the police had arrested me on 27/07/2010 how would my daughter in Canada know that I was going to be arrested 5 days earlier than what they have stated.

The village leaders, who were trying to find me, arrived at Mal Mandhi on 27/07/2010 in the morning. This is when Harvinderpal Singh said, the villagers had not done a good thing by putting a writ in the high courts. He then told them to take the writ back and we (police) will not put any case on him (me). My village leaders had given the writ on 26/07/2010, stating that the police have taken me from my home. But according to the police, the villagers saw me in the morning of 27/07/2010 and then arrested me in the evening.

Judge: When they took you to the first judge, did you tell him that you were tortured?

Me: I said to the first judge, that the police had scared us so bad that if we speak out or told anyone that they had tortured us, they would have killed us.

This officer is in front of you, ask him that didn’t he say that, ‘we had brought your car so that we can break your hands and your feet and then put you back in the vehicle to make it look like you hit a tree and no one will know or care about you’. The officer then said, ‘this is not France, we can make you disappear and no one will ask any questions’.

Also when they first presented me to the judge, the police asked for 2 days remand but the judge gave me 3. Harvinderpal Singh than said to me, ‘did you see who the judge is, is it me or the one sitting in the court. We (police) asked for 2 days and we get 3 days remand, usually when police ask for 2 days, the judge gives 1 day. He then boasted that he is the judge, and that he can save me or kill me.

Judge: (to me) I will tell them, am I the judge or are they the judge! When they brought Kulwant Singh, did he walk in or was he in a wheelchair?

Me: They had to carry him in and then carry him out.

Judge: Did they take you to the doctor?

Me: Only twice. Once in Manawala and then here in Amritsar. I told the doctor about Kulwant Singh, that he couldn’t walk and that the police are dragging him around. The doctor asked me if there was any bleeding, and I told him that the police don’t allow blood to be shown, but you can see my legs and feet are swollen. Also the electrical torture they have used dries up the blood, so where would it show. But the doctor ignored everything I had said and wrote down that everything was ok.

Judge: The police have claimed that you had weapons on 30/07/2010

Me: They had taken me to my village on 30/07/2010. In my property I had a mare (horse) which has won first place in Punjab and 4th place in India in Beauty contest. Harvinderpal Singh had stated that, we don’t know if we will get the time and let’s take you to your village and let’s see your Mare.

Judge: Is it true, that you have a horse like this?

Me: Yes I do. We reached my village at 6pm. I showed them my horse dancing to them, by then a lot of villagers got together and also the local city press decided to come over. Havinderpal Singh had then requested me to send the villagers back to there homes and that he’d release me in two days. Harvinderpal Singh said to the press and villagers that ‘He (me) is innocent and we will release him in two days., he’s my uncle and don’t worry I will release him, He is a very good man’. The next day, the villagers had read in the newspaper that was given by Harvinderpal Singh, that they had arrested me with weapons. The viallgers were shocked and worried about me. The press who was present at the time, published an article stating that the police is blatantly lying, because they (police) had taken me empty handed on 22/07/2010 and also again on 27/07/2010. The police had accepted that I was innocent but then they were compelled to put weapons on me.

Judge: You are a French citizen; did the French officers come to see you, if so what have they done for you?

Me: They come once a month. They check my health and have told the police and jail officers my health situation but no one has done anything about this. Also when they took me from home on 22/07/2010, the police also took, my laptop, my phone, my French passport, French id and driving license, my dual citizenship and some of my FD books from the bank. The French embassy has asked the police, plenty of times where my paperwork was, but they never got a reply either. The Embassy officers are really surprised and really worried because of the police officers treatment.

The police kept asking me, where I took amrit and who do I believe my Guru is. One day Harvinderpal Singh asked Kulwant Singh, do you believe in another Guru after Guru Granth Sahib Ji? There was a picture of Baba Deep Singh Ji and Kulwant Singh then pointed at the picture and said Baba Deep Singh Ji. Harvinderpal Singh then hit Kulwant Singh and said to him, ‘is Baba Deep Singh closer to you or the stick in my hand’? Kulwant Singh felt dreadful that these people saw themselves higher than these shaheed Singhs.

I told the judge that they had taken me to the DGP of Chadigargh twice on 02/07/2010 and then 03/08/2010. The DGP questioned me that you don’t let Parkash Badal or his sons speak on stages, what is the reason? I said that they have controlled over the SGPC unlawfully. These people use the Guru’s Golaks money in wrong ways and they have made the corrupt and the drug users, all members of the SGPC and when ever they want they make someone the Jathedar of Akaal Thakth Sahib and then take him away. They can also excommunicate anyone with there own made Jathedars. I continued to say, this father and son should release there control over Darbar Sahib, Akaal Thakth and the other Thakths. Then there won’t be anybody stopping them from speaking on stages. This isn’t just me, but anybody who believes in Guru Nanak Dev Ji and the Panth and believes that the members of SGPC should be honest, keep there rehat, don’t have anything to do with dirty politics and are pooran gursikhs. The Guru’s Golakh should be used for Sikhi parchaar and expanding Sikhi not for dirty politics. Because of these two (father and son), the whole of Punjab’s youngsters are druggies and alcoholics. The judge said that, it is his duty to tell the high court who had tortured Kulwant Singh and he will now forward this report on.

Because of the enquiry of this judge the high court had found Havinderpal Singh and co guilty on 09/05/2011.

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