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Friday, Jul 08, 2005

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NHRC directive in disappearances case

Siddharth Narrain

CBI asked to permit Punjab to inspect documents relating to 64 persons

NEW DELHI: The National Human Rights Commission (NHRC) on Tuesday directed the Central Bureau of Investigation (CBI) to permit the State of Punjab to inspect documents relating to 64 persons alleged to have been illegally cremated by the Punjab police.

The documents were handed over to the Central Bureau of Investigation on the direction of the Supreme Court in July 1996, during the proceedings of the case filed by the Committee for Information and Initiative on Punjab (CIIP) in 1995 demanding a comprehensive enquiry into the allegations of disappearance, and subsequent mass cremations, by the Punjab police.

The Central Bureau of Investigation, in 1996, had placed before the Supreme Court a list of 2097 illegal cremations by the Punjab police in three crematoria in the police districts of Amritsar, Majitha and Tarn Taran. Of these, the CBI fully identified 582 bodies, partially identified 278 bodies and could not identify 1,238 bodies.

The CIIP had subsequently identified 175 bodies, 111 of which Punjab has admitted to have illegally cremated.

The State said it was scrutinising the other 52 bodies for which it needed to inspect records, which were with the CBI.

Landmark ruling

In a landmark ruling in November 2004, the Commission had awarded compensation of Rs 2,50,000 to the next of kin of 109 persons found by the Commission to be in the custody of the police prior to their death based on the principle of strict liability as held in Nilabati Behara v. State of Orissa.

The counsel for the CIIP Ashok Agrwaal said: "The Commission's award has been given based on the prima facie view of the situation without adjudicating on facts. We are arguing that the Commission should now go into the question of civil culpability which should be done on facts." Colin Gonsalves, counsel for the Committee for Coordination on Disappearances (CCDP) in Punjab which represents the victims' families, brought to the notice of the Commission two decisions of the Inter American Court of Human Rights of 1999 and 2001in which the court has held that a person has the right to the mortal remains of his family members and to perform the last rites, and the state disposing off the body illegally amounts to cruel, inhuman and degrading treatment.

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