PUCL Bulletin, March 2001
Brutal, daylight
murder of a trader of Sadar Bazar by Delhi police: A Delhi PUCL report:
-- By Gopa Joshi, Gen Secy. Delhi
On the evening
of 11th of October, 2000 at 6.00 p.m. a stove dealer Ashwani Kumar Gandhi, S/O
Shri Ratan Lal Gandhi resident of A/107, Tagore Garden Extension, New Delhi
who ran a shop of stoves in the Bari Market, Sadar Bazar was brutally beaten
to death only because he failed to give thirty rupees to the policemen.
Peoples' Union for Civil Liberties, Delhi Branch, set up an enquiry committee
under the chairmanship of Sudhir Hilsayan, Secretary, PUCL, Delhi, to look into
the incidents leading to the killing of the shopkeeper. Mahi Pal Singh, a member
of PUCL, Delhi was appointed as a member of committee.
The team visited Sadar Bazar market on 19th of October and met many shopkeepers
in Bari Market, Pratap Market, China Market, Bara Tooti Chowk and Kutub Road
market. Most of the shopkeepers complained about harassment by local police
to make money. They complained how the police allow pavement sellers to throng
the corridors of the market because the policemen collect money from them on
daily and weekly basis.
On the fateful evening, four policemen entered Bari Market at about 6.00 in
the evening and lifted stools kept in front of the shops. Those who gave Rs.
Thirty to the policemen got back their stools. When Ashwani Kumar Gandhi went
to the opening of the street in which his shop is located, to claim back his
stool, the policemen were taking Rs. Thirty from another shopkeeper. They demanded
the same amount from him also. Ashwani Kumar Gandhi refused to oblige. This
infuriated the policemen who took it as a challenge to their right to extort
money and told him to collect the stool from the police station. Ashwdani Kumar's
remark, "Do what you like, but I will not give you the money," added
fuel to fire. The policemen caught Ashwani Kumar's collar and started kicking
and hitting him ruthlessly and pulling and pushing him towards Bara Tooti Chowk.
Devi Prasad, a wooden-box maker in Bari Market, watched all this. He told the
PUCL team that he wanted to tell the policemen not to beat the shopkeeper in
such an inhuman manner, but out of fear he could not do so.
He, however, ran inside the Bari Market and told the 84 year old Pradhan of
the market, Sh. Bansi Lal, who runs a ropes and bags shop in the market and
told him, "Babuji, policemen are beating the stove-seller very severely."
A salesgirl working at a shop where this incident took place disclosed to the
PUCL team, on condition that her name should not be published, that she was
busy in her work but she listened to the dialogue that took place between Ashwani
Kumar and the policemen. She felt as if a thief had been caught by the police,
from the manner the policemen pounced upon Ashwani Kumar. The policemen were
crying, "Saale ko Thane le chalo," (let us take the fellow to the
police station) and Ashwani Kumar was pleading "Why are you beating
me when I am going with you?" When told that the police is saying, "We
did not kill him," she commented, "How did he die if they did not
kill him? They are liars."
Devi Prasad said, " When I returned after informing Sh. Bansi Lal ji and
reached Bara Tooti Chowk I found the stove-seller Babuji lying on the floor
of the police-booth." He did not know whether he was unconscious or dead.
Ashwani Kumar Gandhi was lifted and put into a cycle-rickshaw and taken to a
nearby doctor, Dr. Pritam Singh. The doctor told the team that when Ashwani
Kumar Gandhi was brought to him in a cycle-rickshaw by three policemen who were
trembling with fear, his condition was very serious. He advised that the patient
should be taken to Ganga Ram Hospital immediately. He also said that his clinic
is very small and has only the minimum basic facilities. Besides, he did not
want to get involved in a case where the chances of getting well seemed to be
remote. He was again loaded into a three-wheeler. At this juncture Surender
Gandhi, the younger brother of Ashwani Kumar Gandhi, sensing that something
must be wrong as his brother had not returned to the shop, came out on the main
road. On being told that some policemen had taken a shopkeeper towards the Bara
Tooti Chowk, he ran towards the chowk. His brother was being loaded into a three-wheeler
like a sack when he reached there. He accompanied the policemen in the three-wheeler,
and rushed to Ganga Ram Hospital, where Ashwani Kumar Gandhi was declared dead.
It was 7.00 p.m.
Within one hour of the incident of stool-lifting for extracting money, and its
opposition by a lonely shopkeeper, Ashwani Kumar Gandhi, the shopkeeper had
succumbed to the police brutality. All this had happened in one of the busiest
markets, on one of the busiest roads, and at the busiest hour when it is not
easy even to walk on that road. But nothing had deterred the team of four
policemen, head-constable Pramod, and three constables, Chetan, Ravindra, (two
of the three who were identified by the shopkeepers) and the third whose name
none of the shopkeepers could tell. Supposed defenders of the law had
once again committed a murder in the open without the slightest fear of law
of the land and without at all being conscious of the fact that they were committing
the heinous crime before the eyes of thousands of people present on the road.
Mr. Khushan, a mechanic who works on the pavement near the police booth, located
at Bara Tooti Chowk, testified that he saw the man being brought to the police
booth by the policemen who were also beating him ruthlessly.
Ashok Kumar Gandhi, the elder brother of Ashwani Kumar Gandhi, told the team
that on that day he had gone away from Sadar Bazar. He had a talk with Ashwani
Kumar Gandhi at 3.00 in the after-noon. At 7.00 p.m. he received a call from
his brother, Surender, from the hospital, rushed to the spot and discovered
the hospital surrounded by police with tear-gas shells and guns in a big number,
to be told that his brother was dead.
The President of Bari market Association, Shri Bansi Lal, also reached there.
Most of the shop keepers in the Bari market, Mr. Vivek the leather belt seller,
Mr. Rajendra Sethi, Ajay etc. failed to give any details because, they said,
the incident had taken place on the main road outside the market This only reflects
the commercial mentality of the business class. Some of them even said that
their commercial compulsions did not allow them to come together to end the
harassment by the police.
The SHO of the area, Mr. Gurbax Singh was on leave when the team visited the
police station. The additional SHO of Sadar Bazar Police Station, Mr. Rathi
expressed his inability to say anything in the matter as the case was being
enquired by Mr. Azim Akhtar, ADM. When contacted Mr. Akhtar told the team that
he had received the autopsy report and he had completed his inquiry. He said
that he would be submitting his report very soon.
Mr. Ashawani Kumar Gandhi was 48 years old. He had left behind Mrs. Chanchal,
40, housewife. They had no child and lived in a combined family along with Ashok
and Surender Gandhi.
No FIR has so for been made in the case.
Recommendations:
Action should be taken against all the four policemen responsible for the killing.
The identity of the fourth policeman should be established and exemplary action
taken against him also. Steps should also be initiated to end corruption, hafta-vasuli,
by police in which not only the constable level policemen alone are involved.
Economic assistance should be given to the wife of the deceased so that she
does not have to be dependent on the mercy of the brothers of her late husband.
The Government should also provide a job to her so that she can lead a respectable
life. - Gopa Joshi, Gen Secy, Delhi