Chandigarph, Punjab - On May 13, 2008, the Punjab and Haryana High Court will hold a hearing regarding the petition calling on the government to prosecute former Punjab police chief KPS Gill for his role in the illegal detention, torture, and murder of human rights defender Jaswant Singh Khalra. At this hearing, a Division Bench of the Punjab and Haryana High Court will respond to written submissions made by both parties and hear oral arguments.
The petition was filed by Paramjit Kaur Khalra on September 6, 2006, the eleventh anniversary of Khalra's abduction, in the Punjab and Haryana High Court after the Central Bureau of Investigation (CBI) refused to investigate and prosecute Gill for his role in the crimes against Khalra. Ensaaf drafted the petition's international law arguments on the doctrine of superior responsibility.
In February 2008, the CBI responded to the petition filed by Mrs. Khalra and sought the dismissal of the petition, stating that their investigation did not lead to evidence to "substantiate the allegations against Gill."
While the CBI asserts that no evidence exists to prosecute Gill, direct evidence of Gill's involvement was put on record during the trial of his subordinate officers. In his trial testimony, Special Police Officer (SPO) Kuldip Singh, who guarded Khalra in illegal detention, testified that Gill interrogated Khalra several days prior to Khalra's murder. His testimony also indicated that Gill ordered subordinates to murder Khalra. The CBI actively worked to prevent the inclusion of key witness Kuldip Singh in the criminal trial against Gill's subordinate officers.
However, both the trial court and the Punjab and Haryana High Court especially cited the testimony of SPO Kuldip Singh in convicting and upholding the convictions of the police officers for Khalra's illegal detention and murder. The High Court stated "Kuldeep Singh [Kuldip Singh] is the star witness...We find his statement to be truthful, convincing and inspiring confidence."
Ensaaf provides litigation support in this case to ensure that all of Khalra's murderers are brought to justice. For more information, visit Ensaaf's page on advocacy pursued regarding the murder of Jaswant Singh Khalra. This page includes links to judgments and legal papers, as well as information on joint initiatives by international human rights organizations, including Ensaaf, Human Rights Watch, REDRESS, and the Center for Human Rights and Global Justice at New York University School of Law.
NOTE: In the separate case regarding the detention and murder of Khalra by lower-level officers, the police officers have appealed their convictions to the Supreme Court and filed applications for bail. The Supreme Court issued notice to the parties regarding the admissibility of the appeals and bail applications. A hearing on the appeals and applications may be held as early as the second week of May 2008.
