Special CBI Court Convicts Retired Punjab DIG, Ex-DSP in 1993 Fake Encounter Case

On Thursday(6th June),After 31 years, justice prevails as former Punjab Police officials, DIG Dilbagh Singh and DSP Gurbachan Singh, are convicted in a 1993 fake encounter case by Judge RK Gupta in Mohali.

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Special CBI Court Convicts Retired Punjab DIG, Ex-DSP in 1993 Fake Encounter Case
Special CBI Court Convicts Retired Punjab DIG, Ex-DSP in 1993 Fake Encounter Case

MOHALI: After a long wait of 31 years, justice has finally been served in a case of a fake police encounter dating back to 1993. On Thursday(6th June), A Special Central Bureau of Investigation (CBI) court in Mohali convicted former Punjab Police Deputy Inspector General (DIG) Dilbagh Singh and retired Deputy Superintendent of Police (DSP) Gurbachan Singh in connection with a fake encounter case dating back to 1993. The verdict, delivered by Judge RK Gupta, comes 31 years after the incident, marking a significant step towards justice for the victims and their families.

The sentencing is scheduled for today(on 7th June).

BACKGROUND:

Advocate Sarabjeet Singh Verka, representing the complainant, detailed the origins of the case. The case was initiated following a complaint lodged by Chaman Lal, whose son, Gulshan Kumar, along with his other sons, Parveen Kumar and Bobby Kumar, were picked up by a police party on June 22, 1993. This police team was led by then DSP Dilbagh Singh and then Station House Officer (SHO) of Tarn Taran city, Gurbachan Singh.

According to the complaint-

“On June 22, 1993, the police detained me and my sons. Although Parveen and Bobby were released shortly after, my son Gulshan Kumar, who worked as a vegetable vendor, remained in unlawful custody at the Tarn Taran city police station.”

Chaman Lal further alleged-

“My son fell victim to a fabricated encounter, alongside three others. Instead of returning his body to us, the police conducted his cremation as that of an unidentified person.”

These accusations prompted the Supreme Court to intervene. By an order dated November 15, 1995, the Supreme Court handed over the case to the CBI, leading to a thorough investigation. Subsequently, on February 28, 1997, the CBI registered a case against DSP Dilbagh Singh and others for kidnapping, illegal confinement, and the killing of Gulshan Kumar in a fake encounter.

Dilbagh Singh, who retired as DIG, and Gurbachan Singh, who went on to become DSP, continued their careers despite the serious allegations against them. However, the persistence of the complainants and the diligence of the judicial system have finally led to this pivotal moment.

Advocate Sarabjeet Singh Verka emphasized-

“This verdict marks a significant triumph for justice, emphasizing the imperative of responsibility and adherence to the law, irrespective of the positions of authority held by the accused.”

“With the sentencing slated for Friday, we hope it will bring solace to the families of the victims and deter future misconduct by law enforcement officers.”

-said a legal expert familiar with the case.

After completing its investigation on May 7, 1999, the CBI filed a detailed chargesheet against multiple police officials from the Tarn Taran district. The chargesheet named DSP Dilbagh Singh, Inspector Gurbachan Singh, ASI Arjun Singh, ASI Davinder Singh, and ASI Balbir Singh as the accused. Over the course of the trial, three of the accused—Arjun Singh, Davinder Singh, and Balbir Singh—passed away, leading to the abatement of proceedings against them.

Retired DIG Dilbagh Singh was found guilty under Section 364 of the Indian Penal Code (IPC), which deals with the kidnapping or abduction of a person with the intent that they may be murdered or placed in danger of being murdered. The court meticulously examined the evidence and testimonies presented by the CBI before reaching its verdict.

Retired DSP Gurbachan Singh faced multiple charges. He was convicted under Sections 364 and 302 of the IPC. Section 302 pertains to murder, and these charges indicate the severity of the crimes committed. Additionally, Gurbachan Singh was convicted under Sections 218 and 201.

Section 218 deals with public servants framing incorrect records or writing with an intent to save someone from legal punishment, while Section 201 involves causing the disappearance of evidence or giving false information to screen the offender.

The judge emphasized that –

“The conduct of the defendants not only flouted legal statutes but also breached the trust reposed in them by the public.”

This case highlights the rigorous efforts of the CBI to bring justice to victims and hold perpetrators accountable, regardless of their positions or ranks. The conviction of the retired DIG and DSP serves as a stark reminder that no one is above the law.

“The court’s ruling reaffirms the necessity for law enforcement officials to uphold the utmost standards of honesty and answerability.”

– said a legal expert.

The verdict also brings some closure to the families affected by the tragic events of the late 1990s.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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