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Before Justice Ranjit Singh, Chairman

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Before Justice Ranjit Singh, Chairman BEFORE JUSTICE RANJIT SINGH, CHAIRMAN, COMMISSION OF INQUIRY TO INQUIRE INTO THE INCIDENTS OF SACRILEGE OF SRI GURU GRANTH SAHIB Jl, SRIMAD BHAGWAD GITA AND HOLY QURAN SHARIF IN THE STATE OF PUNJAB FINAL REPORT PARTI INCIDENTS OF SACRILEGE AT VILLAGE BURJ JAWAHARSINGH WALA, BARGARI, GURSAR, MALLKE AND INCIDENTS OF POLICE FIRING AT KOTKAPURA AND BEHBAL KALAN. SUBMITTED ON: JUNE^0,2018 COMMISSION OF INQUIRY TO INQUIRE INTO INCIDENTS OF CASES OF SACRILEGE OF SRI GURU GRANTH SAHIB Jl, SRIMAD BHAGWAD GITA AND HOLY QURAN SHARIF IN THE STATE OF PUNJAB PREFACE Vide notification no. 7/213/2013-3H4/1415, dated 14th April, 2017, Government of Punjab has constituted one Commission under the Commission of Inquiry Act, 1952 headed by retired judge of High Court to conduct an enquiry into the cases of sacrilege of Sri Guru Granth Sahib Ji, Srimad Bhagwad Gita and Holy Quran Sharif in the State. Besides the Commission has been also tasked to enquire into the incidents of firing in Kotkapura (District Faridkot) on 14.10.2015 and another incident of firing at village Behbal Kalan, (District Faridkot) on the same day in which two persons had died. The present Government had constituted this Commission when it found that earlier Commission constituted by the previous Government had left the main question unanswered. The incidents of sacrilege continued to take place unabated and the count of these had touched 122 (actually found 157) by March, 2017. The present Commission was thus asked to inquire into all these incidents as well. While conducting inquiry, the Commission has followed procedure strictly in accordance with the provisions of Commission of Inquiry Act, 1952. Before commencing the inquiry, the Commission had formed regulations governing the procedure to be followed during inquiry. Copy of the regulations was ordered to be displayed in the office of Commission. Notices were issued to all who were in the know of facts and examined as witnesses requiring them to file their affidavits. Wherever considered necessary, the witnesses filing affidavit or who had appeared to make statements were questioned in detail by the Commission to get at the truth. Full opportunity of hearing was afforded to every witness who was likely to be prejudicially affected by the outcome of the inquiry by serving them notices as per Section 8-B of the Act, upon examination of their affidavits or evidence. Any person desirous of being represented by a Counsel was permitted to bring his Counsel before the Commission. ii Since these unprecedented incidents of sacrilege had their beginning.from District Faridkot where unwarranted action by police led to deaths of two persons and injuries to some others, the Commission thought it appropriate to commence its inquiry by first inquiring into these incidents of sacrilege in District Faridkot and some other such incidents in adjoining Districts which appeared to be connected as chain with the incident in District Faridkot which were committed in a well organised manner. Death of two persons and injuries to some other during unprovoked and unwarranted police firing at Behbal Kalan and Kotkapura had left deep scars and resentment with the public at large. This was more so when no action followed even to identify the police officials responsible for the same despite constituting various SITs and constituting one Commission by the then Government. The Commission, therefore, had decided to first inquire into this police action at Kotkapura and at village Behbal Kalan besides, inquiry into the incidents of sacrilege leading to police action before taking up inquiry intoother incidents of sacrilege in the State. The Headquarter police had reported that there were 122 incidents of sacrilege in the State till March, 2017. The details and number of the incidents of sacrilege of different holy Granths of different religion are as under: - Sri Guru Granth Sahib Ji 30 Gurudwara Sahib 08 Gutka Sahib 56 Hindu 22 Muslim 05 Christian 01 Total 122 On scrutiny, Commission found that in fact there were 157 incidents of sacrilege in the State. 12 incidents out of these were reported after March, 2017 during the tenure of present Government. The Government has required the Commission to inquire into these incidents as well. The Commission has conducted inquiry by visiting the sites of incidents in various Districts of the State where such Ill incidents of sacrilege had happened. Statements of witnesses were also recorded during such visits to the sites of incidents. As per the report submitted by the police 60 cases of incidents of sacrilege, out of total 122 had been traced while remaining had remained untraced. During the course of inquiry, the Commission has noticed that some more incidents were found traced and some of these incidents did not appear to be actually revealing any sacrilege. The Commission has found that out of total 157 incident of sacrilege 95 cases have been traced. In number of untraced cases, the police had either prepared or had filed untraced reports in the Courts. In some cases, the untraced reports had been accepted also. In a few cases, the trial was in progress whereas in a few cases accused stood convicted and sentenced. Some cases had also ended In acquittal after trial. Details are given in this Preface. In number of cases, the police was found to be lacking in conducting thorough investigation and the Commission has expressed itself so wherever it was so felt. The Commission feels that in some cases, the police should carry out further investigation and the police was accordingly asked to do so. Wherever the Commission had felt the need to share its concern with the head of District Police, they were called and even examined as well. The Commission has recommended appropriate action against the police officials found wanting in not conducting the investigation of the cases properly. The Commission has prepared, its report in four parts as per the following details: - Part-1 : Incidents of sacrileges at village Burj Jawahar Singh Wala, Bargari, Gurusar, Mallke and incidents of Police Firing at Kotkapura and Behbal Kalan Part-ll : S.A.S. Nagar, Fatehgarh Sahib, Roopnagar, Patiala Part-Ill : Shaheed Bhagat Singh Nagar and Hoshiarpur Part-IV : Ludhiana, Barnala, Jalandhar, Fazilka, Sri Muktsar Sahib, Mansa, Gurdaspur, Faridkot, Ferozepur, Moga, Amritsar, Kapurthala, Sangrur, Tarn Taran, Bathinda Thus the Commission has prepared its Final Report pertaining to incidents of sacrilege in the State in different parts. As noted above, Part-1 of the report contains final report regarding incidents of sacrilege at villages Burj Jawahar Singh Wale, Bargari, Gurusar, Mallke and regards action of police in opening firing at Kotkapura and at Behbal Kalan-leading to deaths of two persons and injuries to some others. The Commission has also thought it appropriate to briefly commence with comment about traced and untraced cases in each District of the State followed by discussing such incidents in details. Though incidents of sacrilege in different Districts are clubbed in different parts of the report (as noted above) but each incident in every district has been discussed separately in respective parts of the report. District-wise position of the cases of sacrilege at the time of submission of the report is as under: - District Number Number Number under Number under Untraced report Cancellation report Number of untraced Number of traced " trial investigation cases conviction/ reported acquittal Accepted Accepted Pending Sent to Govt, for sanction/ pending in the Court. i 3 4 5 7 9 ii 2 6 8 10 Amritsar 18 13 5 4 6 2 1 3 I I 11 1 10 1 5 5 Bathinda 1 3 Barnala 4 1 1 1 2 5 3 1 1 I 2 2 Fatehgarh J Sahib 1 Faridkot 4 4 6 . 2 1 1 Fazilka 4 4 2 2 3 l Ferozepur 4 1 1 1 1 Gurdaspur 4 I 6 2 1 ■ 1 1 2 V Hoshiarpur 5 3 2 1 2 2 Jalandhar 14 3 5 16 2 6 2 Kapurthala 5 . ' ' 3 6 1 1 2 Ludhiana 20 13 7 4 5 2 8 1 Mansa 5 4 1 1 2 1 1 ! Moga 9 5 4 1 3 1 3 1 Patiala 3 2 1 2 1 Roopnagar 3 3 3 ■* 7 5 * Sangrur 8 1 1 1 1 SAS Nagar 4 2 2 : 2 i 1 (Mohali) SBS Nagar 5 3 2 2 3 Sri Muktsar 4 2 2 1 1 2 Sahib Tarn Taran 11 6 5 2 3 4 - 2 - - - - 36 Total 157 95 62 21 48 29 4 7 12 ■ Despite best efforts on part of the Commission, SGPC has adamantly refused to cooperate and did not make any suggestion for taking steps to check and stop such incidents of sacrilege. The Commission has taken upon itself to suggest some measures which need to taken to check and stop such incidents of sacrilege in future. These recommendations will be attached separately while submitting the last final report. A INDEX Particulars Pages Sr. No Introduction 1-2 1 2 Background 2-3 | 3 Sum up of the incidents in District Faridkot in brief 3-4 4 Details of Incidents of sacrilege 4-6 First Incident at Burj Jawarhar Singh Wala-How it happened 5 Second Incident of Affixing of Posters 6-8 6- Third Incident-Throwing of ANGS at Bargari 8 - 9 7 Police Action at Kotkapura 9-11 Police Action at Behbal Kalan 8 12 9 Protester's version of the Incident 12-13 Aftermath of the Police Action at Behbal Kalan and Kotkapura 13-14 10 Commencement of Task by the Commission 14-15 11 Discussion and Analysis of Evidence regarding Firing Incident at 16-29 12 Kotkapura on 14.10.2015 13 Versions of Police Witnesses Discussed 29-33 14 Evidence of Witnesses from the Public Discussed 33-39 15 Responsibility for Action at Kotkapura 39-41 Findings about officials responsible for Action at Kotkapura 42-65 16 17 Details of Action at Behbal Kalan 66-74 Evidence of Civilian Witnesses discussed for the Behbal Kalan
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