NEW DELHI: Asking for an opportunity to demonstrate that there was a pattern to a series of alleged killings and illegal cremations in Punjab, the petitioners in the Punjab mass cremations case before the National Human Rights Commission (NHRC) have sought declaratory relief based on findings on the manner in which the deaths occurred.

Indira Jaisingh, counsel for the Committee for Information and Initiative on Punjab, argued that the November 2004 order of NHRC awarding Rs. 2.5 lakhs to the next of kin of 109 victims was incomplete and that NHRC had to look into whether they were taken into custody by lawful means. Pointing out that there was no other case which dealt with allegations of a pattern of state violence, Ms Jaisingh said that the quantum of relief should differ based on the manner in which deaths occurred.

Arguing that the violation of the human rights in this case was related more to the death of the victims than the illegal cremation that followed, Ms Jaisingh said the Commission must enquire into whether deaths occurred in lawful circumstances or not.

Colin Gonsalves, representing the Committee for Coordination on Disappearances in Punjab (CCDP), urged the Commission to investigate the manner of the death of the victims and allow taking evidence from the victims' families and witnesses by setting up a mechanism in the villages where the alleged killings took place. Mr. Gonsalves argued that Rs.2.5lakhs awarded as compensation should be seen as a bare minimum and that the amount should be increased to Rs. 10 lakhs if the Commission found that the deaths were due to a systematic practice of disappearances.

Mr R.S. Suri, appearing for the Punjab Government, argued that the petitioners' arguments had been raised in previous hearings and had been rejected by the Commission. Mr. Suri argued that the alleged killings took place in "extraordinary times" requiring "extraordinary solutions".

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