2006/03/08 ORDER

Date : 8th March, 2006

Reference made by the Supreme Court of India on Writ Petition Nos. 447/95 and 497/95.

CORAM

Dr. Justice A.S. Anand, Chairperson
Dr. Justice Shivaraj V. Patil, Member
Justice Shri Y. Bhaskar Rao, Member
Shri R.S. Kalha, Member

PRESENT


1. Shri Trideep Pais, Advocate for the petitioners in
W.P. No. 447/95, CIIP

2. Shri Ashok Panigrahi, Advocate on behalf of Amicus Curiae

3. Shri C.Gonsalves, Sr, Advocate along with
Shri Jai Singh, Advocate on behalf of Committee
for Coordination on Disappearances in Punjab


4. Shri R.S. Suri, Advocate for the State of Punjab
5. Shri V.K. Shailendra, Advocate for the State of Punjab

6. Shri Sudhir Walia, Advocate for Punjab Police Officers


7. Shri Jagdish Kumar, DIG/Litigation, Punjab


8. Shri A.S. Singh, Advocate on behalf of
Shri R.V. Sinha, Advocate for Union of India

9. Shri Veerender Kumar, Sr. Public Prosecutor, CBI


PROCEEDINGS

On 9th January, 2006, certain directions were issued to the State of Punjab.

The first direction pertained to ascertaining the reasons for non-disbursement of monetary relief to the next of kin of persons mentioned in the list at serial numbers – 65, 59, 70, 48, 31 and 452.

The second direction was to file a detailed chart indicating the fact position by reference to the affidavits filed in the case in respect of each one of them giving chapter and verse from the record to indicate which of the procedural guidelines were not followed before the cremations were done in respect of those who were cremated. The State shall also indicate various steps taken by it before cremating the dead bodies with reference to the affidavits to submit the circumstances under which procedural safe-guards could not be followed in those cases.



The third direction related to efforts to be made by the State after inspection of records with the CBI and the Commission and the field visits to identify as many as possible persons mentioned in Lists ‘B’ and ‘C’.

Learned Counsel for the State of Punjab has conveyed that disbursements to the next of kin of the deceased mentioned at Sl.No.59 ( CBI No. 401/82) and 31 (CBI No. 234/25) has been made. It is also stated that in respect of deceased mentioned at Sl.No.70 (CBI No. 481/129), 50% of monetary relief has been disbursed to the mother of the deceased and the remaining amount has not been disbursed as the matter regarding other successors is under consideration of the civil court. With regard to the deceased mentioned at Sl.No.48 (CBI No.344/57) and 452 (CBI No. 27/54), it is stated that because of the non-availability of the heirs the disbursement has not been made. Shri Suri submits that in case of deceased mentioned at Sl.No.48, monetary relief could not be disbursed as the deceased left no real brother or sister and his parents had also expired and with regard to deceased mentioned at Sl.No.452 (SBI No.27/54, it is stated that none of the heirs were available and therefore, disbursement could not be made. Shri Suri also submitted that next of kin of the deceased mentioned at Sl. No. 65 (CBI No.447/109) have declined to accept the compensation.

We direct that efforts should be made to find out the next of kin of the deceased mentioned at serial numbers 48 and 452 and in that regard to issue requisite notification in the newspapers calling upon the next of kin to put forward their claim before the Dy.Commissioner concerned.

The needful shall be done within four weeks.

In the chart filed by the State of Punjab detailing 593 cases of identified bodies, it is stated that this chart is apart from the ones to whom monetary relief had already been granted by this Commission vide its direction dated 11th November, 2004 and 4th October, 2005.

It is seen from the chart that 38 identified bodies (description given below) were admittedly in the deemed custody of the police prior to their death and cremation.

Police District-Tarn Taran


S.No.
NHRC Sr. No.
CBI No.
Particulars of the deceased, parentage and address
1
1156
A/51/129
Harbhajan Singh s/o Fauja Singh Jat r/o Jandoke Police Station, Sadar, Tarn Taran
2
846
A/64/158
Ruldu s/o Bawa Muslim, r/o Pringri, Police Station Harike, Police District, Tarn Taran
3
420
A/73/197
Chanan Singh s/o Darshan Singh Jat, r/o Chuslewar, Police District Tarn Taran
4
248
A/93/268
Harbhej Singh @ Angrej Singh, s/o Ravail Singh Jat, r/o Dharar, Police Station Sadar, Tarn Taran
5
N.A.
A/120/389
Kulwant Singh, s/o Mohinder Singh Jat, r/o Musse Police Station Jhabal, Police District Tarn Taran
6
N.A.
A/128/421
Balwinder Singh, s/o Surjan Singh Mazbi, r/o Banwalipur, Police Station Sadar, Tarn Taran
7
881
A/152/589
Tarsem Singh @ Laddi, s/o Dalbir Singh Jat, r/o Bundala, Police Station Jandiala, Police District Majitha
8
1433
A/158/611
Jagir Singh @ Kulwinder Singh, s/o Jang Singh, r/o Sangatpura, Tarn Taran
9
N.A.
A/255/914
Harjit Singh, s/o Gurbaz Singh Jat, r/o Majhupur, Police Station Jhabal, Police District Tarn Taran

Police District-Amritsar

10
N.A.
A/76/2
Karnail Singh, s/o Ram Singh Jat, r/o Khadoor Sahib, PS Verowal, Amritsar
11
1713
A/145/9
Parkash Singh, s/o Shingara Singh, r/o Sultanwind, Amritsar
12
1713
A/146/10
Dharam Singh, s/o Shingara Singh, r/o Sultanwind, Amritsar
13
N.A.
A/185/19
Manjit Singh @ Lali, s/o Didar Singh, r/o Fattu Bhila, Amritsar
14
1128
A/195/23
Beer Singh, s/o Virsa Singh, r/o Khaper Kheri, PS Chheherta, Amritsar
15
N.A.
A/200/24
Dilbar Singh @ Titoo, s/o Ajit Singh, r/o Vishkarama Industry, G.T. Road, Amritsar
16
60
A/276/37 & A/278/39
Pargat Singh, s/o Udham Singh, r/o Marrii Megha, Amritsar
17
N.A.
A/277/38 & A/279/40
Balbir Singh, s/o Jeet Singh, r/o Tharoo, PS City Tarn Taran

Police District-Majitha

18
N.A.
A/109/8
Karnail Singh, s/o Shingara Singh, r/o Village Ghaniake Banger PS Fatehgarh Churian District Gurdaspur, Majitha
19
464
A/125/14
Gurjit Singh @ Baba Bota Singh, s/o Kunan Singh, r/o village Lushkari Nangal PS, Majitha
20
1657
A/175/18
Jagjit Singh, s/o Amar Singh Jat, r/o village Vanchari
21
N.A.
A/249/27
Harbhajan Singh, s/o Sohan Singh, r/o Verka,
22
637
A/250/28
Gurmej Singh, s/o Lakha Singh Jat, r/o Pabbarali
23
211
A/266/34
Sukhdev Singh @ Sukha, s/o Amrik Singh Jat, r/o Bolian
24
774
A/324/53
Ranjit Singh @ Rana, s/o Avtar Singh, r/o village Ghanike Banger PS Fatehgarh Churian
25
442
A/377/72
Sukhwinder Singh @ Bittu, s/o Kabal Singh, r/o Chogawan PS Lopoke
26
134/1769
A/388/77
Kewal Singh, s/o Hazara Singh, r/o Dilwan, Dera Baba Nanak
27
148
A/409/85
Satnam Singh @ Retho, s/o Sher Singh Mazbi Sikh, r/o Sohian Kalan PS Majitha
28
N.A.
A/445/107
Surinder Singh, s/o Dalip Singh Jat, r/o Baba Bakala
29
N.A.
A/454/115
Pardeep Kumar @ Dilsher Singh, s/o Harbans Lal Pandit, r/o Bhagowal PS Sadar, Batala
30
857
A/472/123
Amrik Masih @ Gora s/o Rehmat Masih, r/o Abadi Faizpura
31
644
A/496/133
Baldev Singh @ Sabhi, s/o Karam Singh Jat, r/o Bundala PS Jandiala
32
1346
A/531/148
Gurmeet Kaur, D/o Mehnga Singh, r/o Pandori Thakhat Mal
33
488
A/557/154
Daljit Singh, s/o Kashmir Singh, r/o village Khiala
34
657
A/619/178
Balbir Singh, s/o Swaran Singh Mehra, r/o village Malakpur PS Ramdas
35
41
B/27/359
Satinder Singh @ Shindu, s/o Pritam Singh Jat, r/o Talwandi Chanchak, Police Station Patti, Police District Tarn Taran
36
1115
B/333/55
Tasbir Singh @ Tasbira, s/o Anoop Singh Jat, r/o Jhander, PS Majitha
37
828
B/591/94
Harbans Singh, s/o Narain Singh Mazbi, r/o village Gasitpura
38
541
C/191/150
Swaran Singh, s/o Dhian Singh Jat, r/o Mandranwala

In this fact situation, the case of these 38 persons would also be covered by the order of this Commission dated 11th November, 2004 read with order dated 4th October, 2005. In fairness to the State of Punjab it may be recorded that Learned Counsel for the State of Punjab, Shri R.S.Suri, did not dispute the suggestion that the cases of these 38 deceased cannot be treated in any different manner than the case of Paramjit Singh dealt with in our order of 4th October, 2005 based on the order dated 11th November, 2004.

In view of what we have noticed above, we hold that the cases of these 38 cases fall within the parameters considered by the Commission in its earlier orders of 11th November 2004 and 4th October 2005. We hold that the next of kin of all these 38 persons are also entitled to receive monetary relief to the tune of Rs.2.50 lakhs each in terms of the order dated 11th November, 2004. The State of Punjab is directed to deposit the amount for payment of monetary relief to the next of kin of these 38 persons within three weeks. After the amount so deposited with the concerned DM, disbursement shall be made in accordance with the procedures settled by the Commission in its order dated 11th November, 2004. Compliance of payment of monetary relief shall be submitted to the Commission within 12 weeks.

Learned Counsel for the State of Punjab submits that efforts have already been made to identify as many as possible out of the remaining unidentified bodies from the Lists ‘B’ & ‘C’ and that some progress has been made but for completing the exercise of identification of the deceased from Lists ‘B’ and ‘C’, some more time is required as efforts are being made to identify other persons. Three weeks more time is granted to Shri Suri, Learned Counsel for the State of Punjab, as requested, for doing the needful.

The matter to come up on 3rd April, 2006 at 3.00 P.M.


(Justice A.S. Anand)
Chairperson


(Justice Shivaraj V. Patil)
Member


(Justice Y. Bhaskar Rao)
Member

(R.S.Kalha)
Member