The making of Nishan Singh and victory of people over a criminal

Nishan Singh, sentenced to double life imprisonment in a rape and kidnap case, is the story of a young boy losing his way and seeking glory in crime. Belonging to a well-connected family, he lost his father and only sibling early. No fear of law and the desire to be a ‘bhai’ drove him to the extreme.
By Jupinderjit Singh & Balwant Garg

THE past has a way of catching up. When Nishan Singh, barely 19, abducted a minor girl from a downtown area of Faridkot on September 24 last year, beat up her parents, and opened fire at area residents, he thought he would have his way through his rich status, influence of a politician-uncle and “helpful” policemen. After all, he had a long list of criminal cases against him, including attempt to murder, and had already abducted the same girl, not yet 17, earlier as well and stayed with her for over a month. And there was no police action in any of the cases.
The victim and her parents thank the people of Faridkot for their support after her recovery on November 27, 2012. Tribune file photos
The victim and her parents thank the people of Faridkot for their support after her recovery on November 27, 2012. Tribune file photos

He was becoming some sort of a “folklore” in the city with his devil-may-care attitude towards law and society. He could have had his way, but for one thing — the people. Nishan forgot that a society may tolerate an individual like him only up to a certain point. Once the line is crossed, no matter how powerful the individual, society gets him.

The might of the people coming together to fight for the hapless parents of the girl, despite her contradictory statements, is what makes this case different from the hundreds of rape and kidnapping incidents. Those who knew the aggrieved family, those who were at the receiving end of the wayward Nishan and his friends, and people with a sense of justice dared to stand against the culprits and ensure that they are brought to book for their crimes.

No wonder, the landmark double life imprisonment awarded to Nishan Singh by District and Sessions Judge Archana Puri specially mentions the role of society. Perusal of the 119-page judgment in the September 24 case and the 58-page judgment in the June 25 incident makes it clear that it was a judgment for the people, of the people and by the people.
Nishan Singh being presented in court.
Nishan Singh being presented in court.

“The court must hear the loud cry for justice by society in cases of heinous crime of rape and respond by imposition of proper sentence. Public abhorrence of the crime needs reflection through imposition of appropriate sentence by the court,” the judge said.

She further ruled that in this case, family affluence and youthful excitement were the factors that led to the crime which traumatised the young girl, who shall be haunted by the memory. Coming down heavily on the increasing cases of rape and crime in the country, the judge noted: “Of late, crime against women in general and rape in particular is on the increase. A rapist not only violates the victim’s privacy and personal integrity, but also inevitably causes serious traumatising nailing of the victim for no fault of her. Rape is not merely a physical assault, but it is often destructive of the whole personality of the victim. A murder destroys the body, but a rapist degrades the very soul of the helpless female.”

The victim

The victim turned 16 this May, and at this young age she has already been in the centre of one of the most talked about rape cases of the state in recent times. She was held in captivity for two months at different times by a gang of criminals, and also conceived. From a small town, she has seen life in places like Goa and Chandigarh and has lived in the best of hotels (in captivity). She has also been to police stations and Nari Niketan, Jalandhar.

As per initial reports, she was close to Nishan Singh. The fact that she frequently changed her statements caused much confusion. But as stated in the judgment, she was under 16 and hence her consent or lack of it did not matter. She was at an impressionable age and physically incapable of defending herself. The judgment clarifies that the criminals forced her to toe their line, threatening to eliminate her family. It also states this was the reason why she did not raise the alarm even while roaming in public.

A big question mark stares the girl. Will she be able to live free of the incident? Will she finish her education? Will she get married? She has shut herself to the world. Will the society that stood by her, be there for her?

The criminal

In his statement before the court, Nishan Singh describes himself as an affluent and handsome boy with plenty of urban and rural property. He belongs to a respectable family that lives in a double-storeyed house in the posh Harindera Nagar, about 100 metres away from the Faridkot SSP’s residence. Known as a brat, he was on a crime spree for the last five years, but due to his wealth and political connections, no strict action was taken against him. He became a full-fledged criminal and his fearlessness made him brazen enough to drag a girl from her house in front of hundreds of people and inflict serious injuries on her family.

His father was a Captain in the Army and served with the prestigious “The Guards” regiment. He met with an accident early and was paralysed waist down. His friend and politician, Dimpy Samra, now a co-convict in the case, was associated with the family for long. The raw energy of Nishan, known for daring assaults on rival gangsters, may have been channelised into becoming a fine officer if his father was alive, believes a neighbour. But that was not to be. He was in class V when Nishan dropped out of Sanawar School, and later from a convent school in Faridkot, where the girl was his classmate.

Nishan suffered another blow when his only sibling, an elder sister, allegedly committed suicide at her in-laws house in Kotkapura. The unbridled love of his mother Navjot Kaur (also convicted) and Dimpy Samra, and plenty of cash saw him changing cars frequently, wearing the best of clothes and carrying expensive phones.

“He wanted to be a don,” says one of his close friends. “He would insist we call him Nishan ‘bhai’. He loved weapons and high-speed cars. He met with several accidents while performing stunts. He loved shooting and played violent video games,” he says.

Nishan gave freebies to his friends and stood by them, but never trusted anyone. “He had this particular trait. He never trusted anyone. If he was called for a movie or at some place by a friend or a girl, he would reach there before time and show himself only when he thought it was safe. He had stopped taking food from others. At ‘dhabas’, he would ensure the food was cooked in front of him,” his friend says, agreeing Nishan could have been stopped had the law been strict with him.

“He enjoyed the clout of his uncle. He learnt early that he could get away with crime as long as he was a juvenile. He got the patronage of senior police officers, due to which he got away even after urinating outside an SHO’s house and throwing bottles at a police station,” he says.

No wonder, the police initially defended him and said it was a case of elopement. It even released the picture of the girl with Nishan during their “wedding”. The police had to eat a humble pie as it had violated law by revealing the identity of the rape victim.

Was it elopement?

The defence argued that Nishan and the girl were in love and exchanged gifts and letters. She went with him willingly and no force was used. The judgment, however, said under Section 375, IPC, intercourse with a woman under the age of 16 fell within the purview of rape even if it was with consent.

The cases

Before kidnapping the girl on September 24, Nishan had committed 21 crimes. He had kidnapped the same girl in June 2012. The police had booked him for rape and kidnapping but neither did the society nor media take note of it. But the September 24 incident drew everyone’s attention due to the sheer brazenness of the crime.

People got together and launched a sustained protest against the accused. “It was because of this unique initiative that we succeeded in getting justice for our daughter,” says the victim’s mother, an LIC employee.

“I want her to overcome the trauma she underwent in the last 11 months. I want her to resume her studies,” says her father, a dealer of old vehicles. “I’m proud of my daughter. She is brave. Despite her tender age and legal grilling by advocates defending Nishan and others, she was unwavering,” he says. “I believe time is the best healer. She intended to appear for her matriculation examination this March, but the Punjab School Education Board did not allow her due to her long absence from school.”

The September 24 incident was the end of people’s tolerance and Nishan Singh met his nemesis,” says NK Jeet, an advocate and adviser of Lok Morcha Punjab, a voluntary organisation. Jeet fought the girl’s case and played a pivotal role in leading the protracted public agitation.

“Many victims of Nishan’s wrath joined hands, but several voluntary, social and religious wings also came together to root out such depravity from society,” says Buta Singh, a retired teacher and a member of the action committee formed to fight the gang.

“We salute the courage of the victim’s family that it did not relent despite many pressures,” says Bhupinder Singh Sangatpura, another action committee member.

Ravi Bhagat, Deputy Commissioner of Faridkot, says it’s important to show concern and sensitivity while dealing with public anxiety, but a better law and order situation is required to ensure women’s security.

Most of the culprits are in their early 20s. As adolescents are among the most vulnerable in the demographic group, the Punjab Legal Service Authority (PLSA) is educating school students about gender sensitivity, and imparting them moral and legal education to make them responsible, law-abiding citizens.

After establishing Students Legal Literacy Clubs in all government high and senior secondary schools and selecting 25 students in every school as its members, the PLSA is organising seminars and meetings in schools; educating students to desist from attitude or behaviour that brings them in confrontation with law; and take the help of law in day-to-day life while dealing with a crisis.

The PLSA is not relying on an official format. It holds question-answer sessions in which students raise all kinds of questions relating to routine problems they face in their social and family life, says Rakesh Mittal, secretary of the District Legal Service Authority. With the dictum “Ignorance of law is no excuse”, the young students are taught law in a simple language so that do not involve in any act which may jeopardise their future. “The aim of the legal literacy clubs is to spread legal awareness among youngsters and bring about a change in society. In our day-to-day lives, we encounter legal situations, therefore it is a must for us to know how to take the help of the law,” says Mittal.

HE CALLED IT LOVE
A picture taken from Nishan’s
A picture taken from Nishan’s
Facebook account.

June 25, 2012: Minor kidnapped by Nishan Singh.

July 27: Girl escapes; case of kidnap-rape registered against Nishan.

Sept 23: Nishan is seen sitting in VVIP gallery during Punjab Deputy CM's visit on the final day of Baba Farid Mela.

Sept 24: Nishan and his accomplices barge into girl's house, drag her by hair and bundle her into a car; shots fired into the air; multiple injuries inflicted on girl's family.

Sept 25: Public protests police inaction.

Sept 27: Nishan takes girl to Gurgaon; prepares fake documents.

Sept 28: Nishan leaves for Goa; DIG claims girl went with him willingly.

Oct 6: DIG releases wedding photos and letters “written” by the girl.

Oct 9: Massive response to district bandh call.

Oct 11: SSP, DIG transferred.

Oct 17: Police team dispatched to Goa.

Oct 21: Nishan arrested.

Dec 26: Police files charge sheet.

Jan 16, 2013: Charges framed against Nishan, 19 others

Feb 5: Hearing starts on day-to-day basis.

May 27: Court convicts 10 of the 20 accused.

The 10 convicted

Barring Akali politician Dimpy Samra, Nishan’s mother Navjot Kaur, and Pankaj Gautam, all the other accused in the case are in their late teens or 20s.

Nishan Singh (19): double life imprisonment for rape, kidnapping, causing grievous hurt, forgery and criminal conspiracy.

Navot Kaur (Nishan’s mother, 60): criminal conspiracy, kidnapping, armed with deadly weapon; sentenced to seven years.

Maninderjit Singh, alias Dimpy Samra (52), family friend: Conspiracy, kidnapping, armed with deadly weapon; sentenced to seven years.

Rajwinder Singh, alias Ghali (22), friend: kidnapping, attempt to murder, criminal conspiracy, grievous injury, rioting, armed with deadly weapon; sentenced to seven years.

Toofan Singh, alias Toofani (23), friend: kidnapping, attempt to murder, criminal conspiracy, grievous injury, rioting, armed with deadly weapon; sentenced to seven years.

Varinder Kumar, alias Dhalla (21), friend: kidnapping, attempt to murder, criminal conspiracy, grievous injury, rioting, armed with deadly weapon; sentenced to seven years.

Pardeep Singh, alias Poppy (20), friend: kidnapping, attempt to murder, criminal conspiracy, grievous injury, rioting, armed with deadly weapon; sentenced to seven years.

Bikramjit Singh, alias Bikram (27), friend: criminal conspiracy, kidnapping, member of unlawful assembly; sentenced to seven years.

Harsimran Singh Brar (25), friend: criminal conspiracy, kidnapping, member of unlawful assembly; sentenced to seven years.

Pankaj Gautam, alias Rinku (35), friend: criminal conspiracy and harbouring criminals; sentenced to seven years.

Bound by law, not emotions

The conviction of Nishan Singh and others is a big police success. We always try to perform our duty in accordance with the law. We try to reform first-time offenders, but to prevent the growth of such criminals, the role of parents and society is bigger than ours. The police is bound by law, not emotions. — NS Dhillon, ig, bathinda