Davinder Singh Controversy: Explained

INTRODUCTION – THE DSP WAS CAUGHT WITH 2 MILITANTS

On Saturday, 11th January 2020, DSP Davinder Singh was caught with 2 militant in South Kashmir also known as the Red Zone of terror in a private car ferrying 4 men was stopped on the Jammu – Srinagar Highway. The location was Kulgam's Mir Bazar checkpoint, Two of the men verified were Hizbul terrorist’s district commander Naveed Babu and Altaf. The third man was Irfan, a lawyer by profession but according to the police, Irfan is an overground worker for the outfit and the fourth man was the “Jammu and Kashmir DSP Davinder Singh” himself. According to the police, Davinder Singh was trying to ferry Hizbul terrorists out of Jammu and if they could manage to cross Banihal, they wouldn’t have been stopped until Jammu and if they could manage to cross Jammu, it would’ve been easy for them to escape from the Union Territory. (1)

The arrest of DSP Davinder Singh just two weeks before 26 January stirred a hornet's nest.

PAST CONTROVERSY AND DAVINDER SINGH’S LINKS WITH AFZAL GURU

When we talk about the past controversy surrounding the same, we must first know about his life and his career. Davinder Singh, the deputy superintendent served in the J&K police an inspector and then DSP for over 25 years and was posted with the anti-hijacking squad at the Srinagar airport at the time of his arrest. He was earlier the DSP of Pulwama district and was transferred to this new posting last year.

Controversy surrounded Singh’s name started around 2013 when a local paper published a letter, written by Afzal Guru (Parliament attack convict), to his lawyer Sushil Kumar. The letter was written by Afzal Guru to his lawyer in 2004, and according to the media reports alleged, in the letter, Afzal Guru had tasked Davinder Singh with taking a terrorist to Delhi and arranging for his accommodation there. The Jaish-e-Mohammad terrorist Afzal Guru had to accommodate the one who was killed during the attack on parliament.

However, there was no strong evidence found against Mr. Singh and the tide turned in his favour. In the year of 2006, in an interview with journalist Parvaiz Bukhari, Mr. Singh admitted that he tortured Afzal Guru but did not accept the rest of the claims. It was later published in the book “The Hanging Of Afzal Guru and The Strange Case of the Attack on the Indian Parliament”.

BACKGROUND OF THE CASE

Davinder Singh and the two top Hizbul Mujahideen terrorists and a lawyer were arrested on 11th January 2020 in South Kashmir. One of the two terrorists, Naveed Babu is behind the killings of over a dozen policemen.

The operation was carefully planned, and the car was intercepted by DIG Atul Goelm an officer who spent years in National Investigation Agency (NIA), before returning to his JKP cadre.

Davinder Singh had already been on the police's radar for several weeks. A police team under Shopian SP Sandeep Chaudhary was first to intercept a call after which he immediately informed his senior officer.

A team left for Shopian and the accused were apprehended before the Jawahar tunnel as cops feared that it would have been extremely difficult to track the car once the tunnel connecting to Jammu was crossed. According to media reports, a sum of Rs. 12 lakh may have been given to Davinder Singh for the job.

PUBLIC REACTION

The citizens of this country have faith in the government, the state, constitution, the army, police, and other forces. It is so obvious that such incidences can easily break the trust and faith of the general public in the state mechanism and their forces.

There are 20 lakh odd police officers in 29 states/union Territories and close to 25 lakh army and central paramilitary personnel across the country other than reserve forces and central intelligence and investigation agencies who take an oath to be truthful to the constitution and play a role of primary shield from any threat to India when they join service. (3)

If the protectors of the public and the country start betraying the country, the confidence of the general public is shaken and it makes them question their faith in the forces.

LEGAL PROVISIONS INVOLVED

After the arrest, The National Investigation Agency (NIA) registered a case to probe the suspended Jammu and Kashmir Deputy Superintendent of Police (DSP) Davinder Singh who was caught with two Hizbul Mujahideen Militants in the Kashmir valley.

Davinder Singh has been booked under the provision of unlawful activities and various sections of the Arms act. Singh's name made it to headlines when Afzal Guru, 2001 Parliament Attack convict blamed Singh for torturing and extorting money. The Jammu and Kashmir police said in there official statement “We have done it in the past in many cases and now in this particular case where it has caught its own officer on its own input and action and would continue to abide by our code of conduct and the law of the land which is same for everyone,” (4)

A special investigation team is handling the interrogation of DSP Davinder Singh along with the central intelligence agency to ascertain his role in terror operations.

The opposition is asking why there have been no sedition charges against Davinder Singh but the Jammu police have already clarified that the main accused who is responsible for these crimes are from Jaish-e-Mohammed and this has been accepted by one of the terrorists. Davinder Singh might be liable for various other crimes but he is not charged under the offense of sedition.

DEVELOPMENTS IN THE CASE SO FAR

As because it is too early in the case to come up with conclusions, the investigated still needs to wrap up to figure out who is behind it and how is it all related to the Pulwama attacks. In this early-stage, the has NIA arrested Mr. Singh and charged with terror links.

According to media reports, Singh was moved from anti-hijacking and posted at Srinagar airport towards the end of 2018.

NIA is trying to find a connection between the Pulwama attack with this arrest and the role of Davinder Singh in this and NIA is further also investigating the role of Davinder Singh in the militant activity in the Kashmir valley.

PROBABLE FUTURE

The terrorists who are liable for killing 11 policemen, their recent crime of the killing of non-resident truck drivers and fruit sellers, following the center’s move to abrogate article 370, all will be punished according to law after proving their guilt to these crimes in the court of law. (6)

Davinder Singh for his crime of helping these terrorists to escape from the state, holding illegal weapons in his house and possible hands in the Pulwama attack make Mr. Singh liable for the punishments according to the law if and after guilt is proven in the court of law.

CONCLUSION

This case is not about a person’s guilt or not about a person’s greediness where he chooses money over the country but this is a question about the belief on those who are responsible to protect us and protect the country. If they start acting like this, then how will a common citizen retain his belief in the Constitution, state, government and the security forces.

Its high time for everyone; the government, courts, and the citizen of the country to be aware and take responsibility and to work to find a solution to strengthen this country’s security.

[Author Alok Kumar is a 3rd Year student at Maharaja Agrasen Institute Of Management Studies]

1. https://www.google.com/amp/s/www.thequint.com/amp/story/news%252Findia%252Fjammu-and-kashmir-cop-davinder-singh-afzal-guru-link-arrested-hizbul-mujahideen-militants
2. https://www.google.com/amp/s/www.indiatoday.in/amp/india/story/dsp-davinder-singh-nia-searches-ancestral-house-1642763-2020-02-03
3. https://www.google.com/amp/s/m.hindustantimes.com/amp_topic/davinder-singh
4. https://www.google.com/amp/s/thewire.in/government/davinder-singh-arrest-bad-officers-convenient-results/amp/
5. https://www.google.com/amp/s/www.outlookindia.com/magazine/amp/from-decorated-cop-to-militants-aide-chequered-record-of-arrested-jk-dsp-davinder-singh/302626
6. https://www.google.com/amp/s/theprint.in/india/davinder-singh-tortured-me-told-me-i-had-to-do-small-job-for-him-afzal-guru-letter/348817/%3famp