IN THE HON’BLE PUNJAB AND
HARYANA HIGH COURT
CHANDIGARH
CM
No. ______________________ Of 2016
In
CWP NO. 20359 of 2013(O&M)
Court
on its Own Motion
Versus
State of Punjab and others
Affidavit of Shashi Kant, IPS
(Retd.), a former Director General of Police, Punjab, Resident of #1258, Sector
18-C, Chandigarh
I, the above named deponent do
hereby solemnly affirm and declare as under:
RESPECTFULLY
SHOWETH:-
PRELIMINARY SUBMISSISSIONS:
1. That this Hon’ble
Court had, very kindly, Suo Motu admitted this CWP No
20359 of 2013 (O&M) on the basis of my very broad spectrum letter petition
concerning the glut of drugs in Punjab and resultant ‘genocide’ of people at
the behest of highly placed drug lords and drug barons living on the very soil
of Punjab, a number of which are known to be highly placed politicians, with
active and willful connivance of a number of personnel belonging to security
forces including Punjab Police and BSF etc.
2. That though
UT Chandigarh and Haryana, over a period of time became serious competitors in
the matter of drug consumption, but they are lucky enough to be second and
third in this sinister race (some areas like Gurgaon and Faridabad; in that
order; which fall on the periphery of Delhi, are however as much, if not more
inundated like Punjab. Gurgaon tops the list). We are thankful to this
Honorable Court for taking this important issue which can save people of
Punjab. The steps taken till now,
however, fall under the category of ‘long term’ remedies. The most important of the immediate and foremost steps, that is
cutting the chain of supply, has however not been addressed to in its entirety.
PRAYER:
1- In context
of Punjab, the situation continues getting more and more out of control with
not only new addicts joining but the chain of suppliers also getting swollen.
In this context suppliers mean second, third and still downwards rung of
suppliers and pushers. Immediate
need is to cut off the chain of supply of drugs which has remained
intact. As per my information as an antidrug activist, major drug lords in Punjab remain the same as they were in 2007.I
have filed innumerable affidavits seeking permission to disclose those names
which appeared in the list of drug dons prepared by the intelligence wing of
the Punjab police under myown orders way back in2007 when I was posted as the
Additional Director General of Police, Intelligence. The state government has unfortunately been making divergent
statements in this regard, the last being an outright denial by them about
the very existence of this report. It is only a clever move by the Punjab
government which knows that even if a copy of this reports exists anywhere,
that can’t be made public because if it being a ‘Top Secret’ document and coming under the preview of the Official Secrets Act.
2. These drug
dons, most of whom are known political figures still control the smuggling
operations, though now in a more discreet way. Drug trade and political patronage there to is only going to further
increase in view of impending Punjab Assembly Elections scheduled for
early 2017. This Hon’ble Court may like to peruse the enclosed report of the
then Chief Election Commissioner Mr. Qureshi which was highlighted in the
press and a copy of which is enclosed at Annexure-A.
It indicates that drugs and drug money remains a major factor in the Punjab
elections. Punjab government only
remains a major conspirator and abettor on account of its willful failure
to break this cartel. Situation is akin
to the one prevailing in South America. More and more police officials are
also known to be working as promoters of the drugs. Politicians and police
nexus with drug smugglers is true not only in case of Punjab but of Haryana
and UT Chandigarh as well besides elsewhere in the entire country as also
the world at large.
3. That Punjab government remains a will full
partner and abettor is clear from that fact that till
now, at least since September 2013, when this Hon’ble Court had taken suo-motu
notice of my letter petition, none of
the powerful drug lords have been arrested till now. As and
when this Hon’ble Court seeks an explanation, the Punjab government goes into a
fit and in a rush, arrests thousand of persons, innocents as also petty end
users / peddlers, submits figures in the Court and then goes off into the
sleep mode. With due regards for the
office of the Chief Minister, I hold him responsible for this state of affairs
and for thousands of deaths on account of drugs. He is the captain of
the ship and should not hesitate to accept his ultimate responsibility. He
takes laurels for whatever success and shirks when it comes to accepting
responsibility. He needs to be made a party to this petition.
4.
Had he been serious, he would at least have ordered, in the first place, a special time
bound survey of drug addiction, prevalence and availability like he
orders special girdawries in case of a natural calamity. Secondly he would have ordered a total crack down on the drug barons
and lord, about whom even kids of
Punjab know. Only the Punjab government and Punjab police are mercifully
unaware of their identity because they are sharing the drug money. I request this Hon’ble Court to hold the
Punjab government guilty, vicariously or otherwise for at least willful
negligence of duty which has led to the death of thousand of youth in Punjab on
account of drugs. The victims of the drug abuse also need to be compensated
adequately because it is only on account of its casual attitude and complicity
that thousands of them lost their lives to drugs and almost an entire
generation has been wiped out. I once again also request this Hon’ble Court to
please permit me to bring to its notice names of more notorious of drug lords
and barons of Punjab as also major beneficiaries of drug money. As a
responsible police officer I had been bringing these names and facts to the
notice of the Punjab Chief Minister. I can either submit the names, as per my
memory, eitjer in the form of a list or even take the names in the open court.I
wish to assist this court only in the interest of justice and for a just social
cause even at the cost of my life.
5.
I wish to bring it to the notice of this Honorable Court that I
have no ill will against the Punjab government to whom I have served for
decades. For anti drug work, I have been offering my service to it since 2007
and my offer still remains open, if the same is done under the supervision,
this Honorable court because I just do not have any faith in the Punjab government
which is run by politicians, by the politicians and for the politicians.
6. I also request this Honorable Court to please
direct the Election Commission of India to ensure that drugs and drug money do
not play any role in the forthcoming Assembly Elections due in Punjab in 2017. I had made
this submission in this Hon’ble Court way back in 2014 as well and the then
Hon’ble Mr. Chief Justice of the Punjab and Haryana High Court had directed me
to approach the Election Commission of India. I carried out the orders and the
E.C.I. had been candid enough to admit the massive
role of drugs and drug money in Punjab’s electoral politics. I had submitted
details of this meeting to this Hon’ble Court and they must be a part of
record. But since my plea with the Election Commission had not helped on
ground in 2014, I hereby again approach this Hon’ble Court to issue appropriate
instructions to the Election Commission, more so on account of the damaging
report of the ECE, which had appeared in the press. Ideally one of the most
important instructions could be posting of renowned intellectuals, journalists,
NGO people and such other individuals of repute who may not succumb to the
pressures and lures of the field officials and politicians of Punjab. I have
long enough been the part of the government machinery to know how these
election observers are lured and how a woefully large number of such officials
fall prey to the dangling bate.
7. It is also humbly brought to the the notice
of this Honorable court that the drug issue is eating into the very vitals of
the entire country and the Indian society and drugs are prevalent everywhere. I am literally a lone ranger in this matter fighting the matter at
the cost of the security of my own self as also of my family and I do not have
required resources and capacity to fight with the drug lords except by
approaching this Hon’ble Court. In
the name of justice, I beseech this Hon’ble Court to please refer the matter to
the Supreme Court pertaining to drug menance in the entire nation so that the
Pan India situation could be addressed to uniformly. This Hon’ble Court is
requested to please continue looking into the issues pertaining to Punjab,
Haryana and Chandigarh, most importantly Punjab, one of the major gate ways of
drugs into the rest of the country.
8. My last prayer to this Hon’ble Court will be
to take a note that if either I or my family is harassed or harmed in any way,
the Punjab government and top brass of the Punjab police shall be personally
responsible there for. There is hardly any place or space here to indicate the harassing
and intimidating tactics which continue to be employed against me by such
persons in power and position. With due apologies and with utmost humility, I
may please be permitted to bring the attention of this Hon’ble Court to the
recent statement of the Honorable Mr. Chief Justice of India about the way
certain governments behave to twist the arm and I am the smallest possible fly
in this small state of Punjab.
Respectfully submitted please
Place: - Chandigarh
Deponent
Dated:- 4/5/2016 Shashi
Kant I.P.S. (Retd.)
Verification:-
Verified that above contents from para 1-7 are true and correct
to my knowledge and information
Place: - Chandigarh
Deponent
Dated:- 4/5/2016 Shashi
Kant I.P.S. (Retd.)
ANNEXURE-A
