Special CBI court holds 2 former Punjab Police officers guilty for murder in 33-year-old fake encounter case

Gurbhinder Singh and Parshotam Singh have been convicted under Section 302 (murder), and 120-B (criminal conspiracy) of the Indian Penal Code (IPC). Gurbhinder Singh was also convicted under Section 218 (public servant framing incorrect record) of the IPC.

The court acquitted former inspector Chaman Lal and deputy superintendent of police (DSP) S S Sidhu giving them the benefit of doubt.

It was claimed by the senior police officers at that time that both the deceased were hardcore terrorists having rewards on their heads and were involved in over a hundred cases of murder, extortion, and dacoity, including the killing of Harbhajan Singh alias Shindi, son of Gurmej Singh, the then Cabinet minister in the Beant Singh-led Punjab government.

Investigation of this case was taken up by the CBI in 1995 on orders of the Supreme Court. During the investigation by the CBI, it was established that Baldev Singh Deba, an Army personnel who had come home on leave, was picked up from his house at Baserke Bhaini village on September 6, 1992, by the police party headed by SI Mohinder Singh and Harbhajan Singh, the then SHO of Chheharta police station. Similarly, Lakhwinder Singh Lakha Ford, a resident of Sultanwind village, was also picked from his rented house at Preet Nagar, Amritsar on September 12, 1992, along with one Kulwant Singh by the police party headed by SI Gurbhinder Singh, the then SHO of Majithia police station, but Kulwant Singh was later released. During the investigation, CBI found that the police of Chheharta police station falsely implicated Deba and Lakha Ford in the murder case of the minister’s son who was killed on July 23, 1992.

On September 12, 1992, the Chheharta police arrested Baldev Singh Deba in that murder case, and on September 13, 1992, both he and Lakha Ford were killed. The police concocted the story that while taking Baldev Singh Deba near Sansara village for recovery of arms and ammunition, an encounter took place with militants in which Baldev Singh Deba and one attacker were killed. The other deceased was later identified as Lakhwinder Singh alias Lakha alias Ford.

CBI concluded that both were picked, kept in illegal custody, and then killed in a fake encounter. The central investigating agency also found that there was no entry in log books regarding the visit of police vehicles at the alleged encounter site. Even though it was shown by the police that the unknown militant killed during the encounter was identified by injured Baldev Singh Deba, as per the postmortem report, Deba died instantly and so identification by him does not arise.

On November 15, 1995, the Supreme Court ordered a CBI inquiry into the matter of the cremation of large-scale dead bodies by the police as unclaimed. In pursuance of these orders, a case was registered by the CBI and on August 30, 1999, CBI filed charge sheet against S S Sidhu, Harbhajan Singh, Mohinder Singh, Parshotam Lal, Chaman Lal, Gurbhinder Singh, Mohan Singh, Parshotam Singh and Jassa Singh for kidnapping, criminal conspiracy, murder, and preparation of false record. But statements of witnesses were recorded after 2022 as the case remained stayed owing to the orders of higher courts.

Sarabjit Singh Verka, counsel for the victims’ families, said, “Although CBI cited 37 witnesses in this case, statements of only 19 witnesses have been recorded during the trial as most of the witnesses cited by the CBI had died during delayed trial and finally after 32 years of the incident, justice is delivered.”

Similarly, during this delayed trial, the accused namely Harbhajan Singh, Mohinder Singh, Parshotam Lal, Mohan Singh, and Jassa Singh had also died, and accused S S Sidhu, Chaman Lal, Gurbhinder Singh and Parshotam Singh faced the trial.