2006/05/15 ORDER

NATIONAL HUMAN RIGHTS COMMISSION
FARIDKOT HOUSE
NEW DELHI

Reference Case No. 1/97/NHRC

Date : 15th May, 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. Smt. Nitya Ramakrishnan, Advocate for the petitioners in
W.P. No. 447/95, CIIP

2. Shri Pandey Rajesh, Advocate and Shri Jai Singh
Advocate on behalf of Committee
for Coordination on Disappearances in Punjab

3. Shri R.S. Suri, Advocate for the State of Punjab

4. Shri Sudhir Walia, Advocate for Punjab Police Officers

5. Shri Jagdish Kumar, DIG/Litigation along with
Shri H.S. Sidhu, AIG, Litigation, Punjab

PROCEEDINGS

On 3rd April, 2006, certain directions were issued to the State of Punjab.

Pursuant to the directions, State of Punjab has placed on record copy of the publication in the newspaper ‘Daily Ajit’ and ‘Punjab Kesari’ in respect of the deceased mentioned at Sl. No. 452. Copies of those publications be retained on the record.

Shri R.S. Suri, Counsel for the State of Punjab has submitted that the amount of Rs.95 lakhs has been deposited with the Office of Deputy Commissioner, Amritsar for disbursement as compensation to the next of kin of 38 deceased. This fact is also confirmed by a FAX message dated 12th May, 2006 received from the Office of Dy. Commissioner, Amritsar, in the Commission.

It is further submitted by the Counsel for State of Punjab that disbursement of compensation have been made to next of kin of the 20 deceased out of 38 deceased pursuant to the directions of the Commission and efforts are on to disburse compensation to the next of kin of remaining 18 deceased. Counsel for State of Punjab shall inform the Commission about the disbursement of compensation to remaining NOK by the next date of hearing.

Shri R.S. Suri further states that Rs.2.50 lakhs, for payment as compensation to the next of kin of Ram Singh s/o Bura Singh has also been deposited by the State of Punjab with the Office of the Dy. Commissioner concerned. He shall inform the Commission by the next date of hearing whether the compensation amount has been disbursed to the next of kin of the deceased, Ram Singh.

Learned Counsel for the petitioners submit that they have not been able to verify the contents of affidavit filed by the State of Punjab dated 29th March, 2006 because of the voluminous nature of record. It is submitted by Ms. Nitya Ramakrishnan appearing for petitioners that the requisite response would be filed within next two weeks with an advance copy to the State of Punjab.

The State of Punjab, today has filed an application dated 12th May, 2006, stating that on further analysis of the affidavits filed on behalf of the State of Punjab vis-à-vis the parameters fixed by the Commission in its earlier orders dated 11th November, 2004 and 4th October, 2005, it has been found that 42 deceased persons out of the deceased persons detailed in chart of further identified 595 dead bodies filed on last occasion, particulars whereof have been given in Annexure ‘A’ to the application also fall within the category of “deemed custody” of the police, immediately prior to their death and cremation. Besides, it is submitted that three other deceased who were mentioned in the earlier lists of identified deceased, namely, (1)Raghbir Singh, S/o Shri Mohinder Singh Jat; (2) Manjit Singh @ Manna s/o Ajit Singh Jat, and (3) Rajinder Singh, S/o Kishan Singh would also be covered in the category of “deemed custody” cases. Thus, NOK of all these 45 deceased would squarely fall within the parameters fixed by the Commission on 11th November, 2004. Ms.Nitya Ramakrishnan, Counsel for the petitioners does not dispute the correctness of this statement.

The Commission, therefore, directs that next of kin of the 45 deceased persons viz:-
Police District-Tarn Taran


S. No.
CBI NO.

Particulars of the deceased
1
53/131
Shri Raghbir Singh, S/o Shri Mohinder Singh Jat R/o Sirhali Khurd, PS Sadar, Tarn Taran

2
166/648
Shri Manjit Singh @ Manna S/o Ajit Singh Jat, R/o Baserke, Police Station Chheharta, District Amritsar

3
B-36/412
Kashmir Singh, S/o Dalip Singh, R/o Kotli Naseerpur, PS Sadar Batala

4
C-67/132
Tarsem Singh @ Manga, S/o Mohinder Singh Majbi, R/o Sirhali Mandan PS Patti
5
C-68/133
Swaran Singh @ Swarna, S/o Teja Singh Majbi, R/o Sanghe, PS Sadar, Tarn Taran

Police District-Amritsar

6
A/223/29
Rajinder Singh, S/o Kishan Singh, R/o Kotli Malian, Kathunangal
7
B-43/4
Kulwinder Singh, S/o Sadhu Singh, R/o Tibba, PS Sultanpur Lodhi
8
B-52/7
Jasbir Singh @ Major Singh, S/o Nirajan Singh Jat R/o Samrai PS Hgargobind Put up thereafter. Distt. Gurdaspur
9
B-77/11
Malkiat Singh, S/o Gian Singh, R/o Muddal
10
B-78/12
Parmjit Singh @Pamma, S/o Bachan Singh Jat, R/o Longomahal PS Ramdas
11
B-79/13
Balbir Singh @ Bira @ Kanda Hawaldar Gurdaspuri, S/o Kartar Singh Parjapat, R/o Fathegarh Churian
12
B-183/26
Gurdev Singh, S/o Bhagwan Singh, R/o Thathgarh now Adarsh Nagar
13
B-214/34
Jagjit Singh, S/o Harbans Singh, R/o Chowk Karrori
14
B-284/42
Arjan Singh, S/o Swaran Singh, R/o Dalla, PS Lopoke
15
C/28/31
Ranjit Singh, S/o Harjit Singh, R/o Chatan Pura PS Majitha
16
C/37/40
Ajmer Singh, S/o Lal Singh, R/o Vadala, PS Majitha, Asr.



Police District-Majitha

17
B-40/1
Gurmej Singh, S/o Hari Singh, R/o Vaiee Pooien PS Verowal

18
B-41/2
Baldev Singh, S/o Jagir Singh, R/o Sangar Kalan

19
B-117/17
Baldev Singh, S/o Khazan Singh Jat, R/o Gujjarpura, PS Majitha

20
B-252/29
Major Singh, S/o Darshan Singh Jat, R/o Johal Raju Singh


21
B-293/35
Kulwinder Singh @ Kanta @ Fauji, S/o Mohinder Singh, R/o Kot. Hyat

22
B-326/39
Hardial Singh, S/o Gurnam Singh, R/o Ghaseetput Dera Baba Nanak

23
B-328/40
Gurcharan Singh @ Bishnindi, S/o Joginder Singh, R/o Jatio
24
B-341/43
C-342/244
Narinder Singh @ Bittu, S/o Darshan Singh Jat, R/o Bharath PS S.H. Gobindpur
25
B-346/45
Dalbir Singh, S/o Dham Singh Jat, R/o Lohka PS Patti
26
B-351/47
Gurdarshan Singh @ Bagel Singh @ Bagela, S/o Bahadur Singh, R/o Dheriwal
27
B-352/48
Rakesh Kumar @ Pappu, S/o Jagdish Raj, R/o Mehsampura
28
B-367/51
Surjit Singh @ Bubbi, S/o Gurbachan Singh, R/o Bhangali Kalan
29
B-368/52
Amanpreet Singh @ Mintu, S/o Joginder Singh, R/o Butala
30
B-373/53
Bhagwant Singh @ Bhatta, S/o Diwan Singh, R/o Loggarh
31
B-399/59
Karamjit Singh, S/o Santokh Singh, R/o Pachade
32
B-422/65
Jagir Singh, S/o Gurdial Singh, R/o Dhodian
33
B-423/66
Charanjit Singh, S/o Puran Singh, R/o
Kalaha
34
B-431/68
Sukhraj Singh @ Laddi, S/o Kartar Singh, R/o Gumtala
35
B-534/80
Daljit Singh @ Billa, S/o Gopal Singh, R/o Anaitpura, PS Ramdas
36
B-551/87
Sardara Singh, S/o Deba Singh, R/o Ramana Chak
37
B-620/100
Pargat Singh, S/o Sardara Singh,

38
C-28/28
Lakhwinder Singh, S/o Ram Singh Jat, R/o Bannian
39
C-32/32
Davinder Singh, S/o Chanan Singh, R/o Vill. Chainpura, PS Ajnala

40
C-152/115
Sukhchain Singh @ Doctor, S/o Tarlok Singh, R/o Kandowali
41
C-462/273
Sucha Singh @ Joga Singh, S/o Pratap Singh, R/o Bhaswan
42
C-463/274
Raj Singh @ Raja, S/o Mangal Singh, R/o Village Tole Nangal PS Raja Sansi
43
C-493/285
Billa, S/o Karaj Singh, R/o Krishna Nagar, Amritsar
44
C-561/315
Sarabjit Singh, S/o Shingara Singh Mazbi, R/o Vill. Pathan Nangal
45
C-585/328
Sarabjit Singh @ Sabha, S/o, Satnam Singh, R/o Cheema Khudi


are also entitled to receive monetary relief in terms of directions of the Commission dated 11th November, 2004 @ Rs.2.50 lakhs. The State of Punjab shall deposit the amount for disbursement of monetary relief to the next of kin of the aforesaid 45 deceased within four weeks with Deputy Commissioner, Amritsar, who shall thereafter take expeditious steps for disbursement of the amount to the concerned NOK.

The State of Punjab has also, with the petition dated 12.5.2006, appended a list (Annexure ‘B’) stating that the names of 28 deceased persons in Lists ‘A’, ‘B’ and ‘C’ filed by the CBI have been duplicated. Ms.Nitya Ramakrishnan submits that she would verify the correctness of this and within two weeks give a response, if any.

The matter to come up on 1st June, 2006 at 11.30 A.M.

(Justice A.S. Anand)
Chairperson

(Justice Shivaraj V. Patil)
Member

(Justice Y. Bhaskar Rao)
Member
(R.S.Kalha)
Member