Sumedh Singh Saini, IPS, is the Additional Director General of Police (DIRECTOR-Vigilance) in Punjab, India.[1] He and former Punjab Police DGP KPS Gill are credited with successfully finishing off the Khalistani insurgency in Indian Punjab. Public perception is mixed, varying from acceptance as a hero to ruthless and controversial police officer.[2] However, even his detractors acknowledge him as a competent officer of impeccable integrity, intolerant to corruption.[9][10].[3] Currently he is facing several criminal charges of kidnappings, torture and murders.[4][5][6][7][8][9] On December 7, 2011 Supreme Court of India quashed a major CBI case against Saini in which he was sought to be implicated on the charges of kidnapping.[10]
Saini is not the only Punjab police officer facing such charges. Officers of Punjab Police, who gained acclaim earlier for finishing off the separatist terrorism, say that such charges are being orchestrated by "extremists' sympathisers" who are "misusing human rights slogans to harass and weaken Punjab Police".[11][12]
Contents |
Saini won the nation's highest gallantry award in 1987 when he was Superintendent of Police (SP), while leading police operations against Khalistani insurgents.[13][14]
In 1991 an unsuccessful assassination attempt was made on Sumedh Singh Saini by Khalistani insurgents Saini survived, with injuries, the bomb blast engineered to kill him.[15]3 security personnel were killed in the attack. He was later also accused of ruthless reprisals against the accomplices of alleged perpetrators of this attack.
Saini was accused of human rights violations.[2] He was facing a CBI probe in relation to illegal arrest of some of the accomplices, relatives and father of Khalistan Liberation Force militant Davinder Pal Singh Bhullar.Based on Bhullar's own militant activity related confession, which he alleges was forcibly taken by the police during his police custody, he is currently on a death row in India.[16] He has been convicted of an attempt to kill M.S.Bitta, the then president of the Indian Youth Congress and was an accused in the attack on Saini. Investigation of elimination of Davinder Pal Singh Bhullar's father and accomplices was originally being handled by the local police, but after feeling dis-satisfied from the investigation of Chandigarh police and after observing that Saini can influence the case, Punjab and Haryana High court had handed over this investigation to the Central Bureau of Investigation.[4]
Preliminary inquiry conducted by the Central Bureau of Investigation, India's federal investigative agency, held Saini responsible for the alleged kidnappings, torture and elimination of an accomplice Balwant Singh Multani and Bhullar"s father Balwant Singh. Both of them,as per the allegation, were kept in illegal custody and 'were tortured on the orders of and in the presence of Saini. Balwant Singh Bhullar was allegedly tortured to such an extent that he lost his mental balance.These allegations pertained to the year 1991 and were made before the High Court in 2007, after 16 years.
On December 7, 2011, Supreme Court of India quashed the CBI case against Saini in which he was being sought on the charges of kidnapping of Bhullar and Multani.[10] The Supreme Court Bench observed as follows: “We fail to understand how the court could direct the CBI to adopt such an unwarranted course. We are of the considered opinion that the orders impugned being a nullity, cannot be sustained. As a consequence, subsequent proceedings/orders/FIR/investigation stand automatically vitiated and are liable to be declared non est.” The Supreme Court ruled High Court direction to CBI to reopen the case against Saini as an instance of unwarranted judicial activism not within the jurisdiction of the court.[17][18]
The Supreme Court held that the concerned judge of the high court was biased. The Supreme Court noted that" A large number of documents have been submitted to the court under sealed cover by the State of Punjab on the direction of this court. We have gone through the said documents and suffice is to mention here that Shri Sumedh Singh Saini, IPS had conducted the enquiry in 2002 against Mr. Justice X on the direction of the Chief Justice of the Punjab and Haryana High Court on the alleged appointment of certain judicial/executive officers in Punjab through Shri Ravi Sandhu, Chairman of the Public Service Commission.Shri S.S. Saini had filed reports against Mr. Justice X. The Chief Justice of Punjab and Haryana High Court confronted Mr. Justice X with the said reports. On the basis of the said reports, the Chief Justice of the High Court submitted his report to the Chief Justice of India, on the basis of which a Committee to investigate the matter further was appointed. This Committee even examined one Superintendent of Police of the intelligence wing who had worked directly under Shri S.S. Saini while conducting the enquiry." The Supreme Court further held that" The process adopted by the High Court led to greater injustice than securing the ends of justice. The path charted by the High Court inevitably reflects a biased approach. It was a misplaced sympathy for a cause that can be termed as being inconsistent to the legal framework." and that "The multi-dimensional defective legal process adopted by the court below cannot be justified on any rational legal principle. The High Court was swayed away by considerations that are legally impermissible and unsustainable.".[19][20]
Dal Khalsa has subsequently raised matter of rejection of this CBI probe, to Human Rights Watch. Dal Khalsa has blamed that Sikhs are being denied equal opportunity when judgements are being made.[21] Sikh Students Federation has released a press note saying Supreme Court of India’s decision would impose blind impunity zone in Punjab[22] Shiromani Akali Dal Panchpardani has said that this relief to Saini will contribute to police impunity in Punjab. They also said that “The SC judges did not bother to take notice of CBI investigation recommending charge-sheet and trial against the accused police officers and wide impunity enjoyed by the guilty police officers over last two decades"[23]
Missing Persons Case:
Saini has also been charged in the kidnapping, illegal detention and disappearance of one Vinod Kumar Walia and his two associates. Saini, it is alleged, had a personal dispute with the victims. Victims were allegedly picked up by the police and were shown disappeared afterwards.[7][8][9] The case is still sub judice. It is alleged that Saini used his police privileges to settle a personal vendetta against the owners of Saini Motors, a major automobile dealership in punjab. On the other hand, the missing Vinod Kumar has a long history of criminal record from the year 1978 and links with an established criminal mafia of Punjab.[24]
Despite yet unproven accusations by certain groups, Saini, along with KPS Gill, remains an inspirational figure for many in India. He is widely credited with crushing separatist terrorism in Punjab in the Indian media and popular imagination. Other than his legendary role in wiping out the insurgency, Saini's investigative techniques and his success in solving difficult cases has also won him acclaim and notability in the media.[25]
On January 9, 2010, a candlelight march held in Mohali by the activists of Shiromani Akali Dal (Panch Pardhani), Punjab. The protesters demanded to take back bravery awards given to Sumedh Singh Saini, describing him a murderer. Participants also criticized the ruling Shiromani Akali Dal government in shielding Saini[26] It is also noteworthy that Shiromani Akali Dal (Panch Pardhani), a party which organized this protest, is headed by Daljit Singh Bittu who had been indicted and imprisoned in the past on the charges of terrorism, and who was once again arrested in 2009 .[27]
Punjab Congress has filed complaints against him to the Indian Election commission that he is threatening the Congress candidates & MLAs with registration of false cases.[28] and the commission has been requested to transfer Saini out of Punjab[29] Capt. Amrinder Singh, President of the State Congress(and former chief minister punjab) is facing 4 corruption cases in the Vigilance Bureau which Saini heads
A media protest against Saini ended in an investigation against a special investigation team headed by Saini. Media protested because a press-reporter was arrested by plain close policemen immediately after he published reports about Saini’s un-accounted properties in Naya Gaon[30][31] However, a Times of India report under the title "Journalist figures in rape case" stated that the journalist was actively helping some persons accused of raping a girl child aged 13 - a case Saini was investigating.[11]. Saini is well known as a dead honest and brave officer, a rare combination.[32] Allegations of dishonesty have never been leveled against him even by the punjab terrorists who both fear and hate him the most.
A Mumbai Police Officer Parambir Singh, who had set up encounter squads in Mumbai[33] also known as death squads, allegdly doing fake encounters and wielding the gun to circumvent and subvert the law,[34] has said that Saini is his ideal.[35] These squads used exact same police statement for every single encounter since January 1, 2005 stating "accused opened fire and the police retaliated. One of the accused was killed while the others escaped." As per Times of India, “Interestingly, all those who allegedly fled from the encounter spot have neither been identified nor caught.”.[33]
Because of his involvement in crackdown of Khalistanies, Saini had earned public applause and criticism with equal measure.[36]
He has been noted in the media as an officer of personal integrity and professional competence as well.[37] Other commentators have also commended him for his "dare devil" and uncopromising approach towards terrorism[38] Some other media reports, while acknowledging his controversial image, have described his role in "crushing terrorism" as legendary.[39][40] He also won nationwide applause for unearthing the Punjab Public Service Commission scam that led to the arrest of the Chairman of the commission and several highly placed government officers.[37][39][41] Upon related inquiries conducted by Saini, 3 judges of the High Court were subsequently indicted by the Chief Justice of India for seeking favors in appointments in public service.