Report by SFHR on Enforced Disappearance of Sewak Singh, a Ph. D. Scholar

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SIX DAYS LONG ‘ENFORCED DISAPPEARENCE’ OF A PH. D. STUDENT. Sewak Singh (35) belongs to Bajewala Village of Mansa District in Punjab (IND). He has done dual Masters in Punjabi and Religion & M. Phil in Linguistics. He is currently doing Ph. D. from Linguistics & Punjabi Lexicography Department of Punjabi University, Patiala on “Gurbani Viakaran: Sri Guru Granth Sahib Vich Darj Bhagat Bani Te Adharat”1 under the guidance of Prof. Joga Singh2 and Dr. Darshan Singh3. He resides in Room No. 29-A of Homi Bhabha Hostel No. 4 located in Punjabi University, Patiala Campus. Sewak Singh also works as sub-editor of a Punjabi monthly Magazine4 published from Ludhiana5 since March 2000. On 4 September 2009, Punjab Police SHO Sarabha Nagar Ludhiana arrested Sewak Singh from Ludhiana (as he was there to complete work regarding printing of current issue of the Magazine) at around 18:30 Hrs (IST and all timing that follow are according to Indian Standard Time) and handed him over to CIA6 Staff Ludhiana. Later on he was handed over to Mansa7 Police by CIA Ludhiana at around 21:30 Hrs. Mansa police brought Sewak Singh to Punjabi University, Patiala at around mid night on intervening night of 4 and 5 September, 2009. As per University Security officer’s letter no. 554 S.O8 (dated 09/09/09) on 4 September 2009 at around mid night (00:00 hrs) three police vehicles reached the main gate of the campus and this convey was lead by a TATA Sumo9 numbered PB11AE 326210. The person sitting in the Sumo informed that he was a cop and showed his ID card. They told the university security staff that they are going to Homi Bhabha Hostel No 4. Then university security guard deployed at Hostel Gate introduced this police party to the warden of Hostel number 4. Warden of Homi Bhabha Hostel in his letter numbered 942/HBH11 (dated: 09/09/09) confirmed the fact that the police party brought Sewak Singh along with them. They entered in the hostel at 00:05 hrs and searched the room number 29-A that belongs to Sewak Singh. At 00:50 hrs this police party left the hostel along with Sewak Singh. They informed the Warden that this police party has come from Ludhiana and a DSP from Patiala is accompanying it. As per security officer’s letter, referred above, the police party left the university through its’ main gate at 01:00 hrs. Police party had informed University Authorities that they have come from Ludhiana but never clarified that they actually belong to Mansa District police. Police seized Sewak Singh’s Ph. D. papers, personal letters & photographs, some other hand written papers & data CDs carrying academic e-books and backup of Ph. D. thesis from his hostel room. No memo of the material to be seized was prepared which is obligatory as per Indian Law12. Police had already seized cell phone of Sewak Singh on 4 September 2009 while his personal Laptop was seized along with other office computers by Ludhiana police on 27th August, 2009 when police first came to the office of Magazine at Ludhiana, of which Sewak Singh is sub-editor. On early morning of 5th September, 2009 at around 02:30 Hrs police party reached Sadar Police Station of Mansa along with Sewak Singh. Sewak Singh was kept by police in secret confinement there. No information was ever tendered to his family, friends or fellow students by Ludhiana or Mansa Police in spite of directions of Supreme Court of India13. The Family of Sewak Singh came to know the fact of his disappearance on 7th September 2009 as some one informed the family regarding news about Sewak Singh’s disappearance published in some newspapers with reference to University students. On 8th September, 2009 the family members of Sewak Singh along with members of village Panchayat14 approached Ludhiana Police but police denied the fact that Sewak Singh was ever picked up by Ludhiana Police. On 10th September, 2009 the family along with others contacted SSP (Senior Superintendent of Police) of Mansa but he declined to meet them. Police official denied the fact that Sewak Singh is in their custody. They even refused to accept written application of the family on the issue. When the family tried to send the copy via fax they declined to accept the fax and when family requested the police authorities to accept the fax they replied we do not accept fax from local numbers. Meanwhile the students of the University brought documentary evidence of Sewak Singh being took away by the police and University Authorities started inquiring about whereabouts of Sewak Singh, it was then that he was handed over to his Village Panchayat and family members on 10th September, 2009 at around 21:00 Hrs. Sewak Singh’s thesis work and other belongings are still in possession of police as they are not returned yet. Though Sewak Singh was not physically tortured, the mental trauma he underwent can not be described in words. This is a case of violation of “basic right of life and liberty” and Sewak Singh was kept in secret confinement by State Police and Police regularly refused to share whereabouts of Sewak Singh. All this kept him out of protection of Law for about six days. So it is clear case of six days long “enforced disappearance”15. Footnotes and References: 1. “Gurbani Viakaran: Sri Guru Granth Sahib Vich Darj Bhagat Bani te Adharat”: Topic for research work of Sewak Singh; English Translation: ‘Gurbani Grammar: Based on Bhagat Bani enshrined in Sri Guru Granth Sahib’ (the Sikh Scripture). 2. Professor Joga Singh: Guide of Sewak Singh for Ph.D.; Head of Linguistics & Punjabi Lexicography Department of Punjabi Univeristy, Patiala. 3. Dr. Darshan Singh: Co-Guide of Sewak Singh for Ph. D.; Professor in Comparative Religious Studies Department, Punjabi University, Patiala. 4. Sikh Shahadat is a Punjabi Monthly Magazine of which Sewak Singh is sub-editor. Registration information: Registered with registrar of Newspapers for India under no. punpun/2000/876 5. Ludhiana: A district of Punjab. 6. CIA: Crime Investigation Agency; A unit of State Police in Punjab. 7. Mansa: A district of Punjab. 8. University Security officer’s letter no. 554 S.O: See Annexure No. 1 9. TATA Sumo: A vehicle manufactured by TATA Motors; this vehicle is allotted by the State to Deputy Superintendents of Police (DSPs) in Punjab and as per University record a local DSP was accompanying the police party. 10. PB11AE 3262: “PB11” is initial number of vehicles registered in Patiala District and as per documentary evidence provided by University authorities a DSP of Patiala district was accompanying the Police party. 11. Warden of Homi Bhabha Hostel in his letter numbered 942/HBH: See Annexure No.2 12. Section 100 of Code of Criminal Procedure, 1973 (Act no. 2 of 1974); See Annexure no. 3 13. Direction of Supreme Court of India: in the case of D.K. Basu Versus State of West Bengal [(1997) 6 SCC 642] See Annexure 4. 14. Village Panchayat: A village level administrative unit comprising elected or unanimously selected members with one super head called Sarpanch. 15. Enforced Disappearance: As per “International Convention for the Protection of All Persons from Enforced Disappearance” "enforced disappearance" is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law. (see Article 2) [for full text of the convention visit: http://www2.ohchr.org/english/law/disappearance-convention.htm ]
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