NEW DELHI, JAN 16: The National Human Rights Commission (NHRC) has ordered setting up of three Commissions of Inquiry in the Punjab mass cremation case. In three separate orders passed on January 13, the NHRC has asked the Centre to provide accommodation for the commissions' functioning and for the State Government to defray the inquiries' initial expenses.The NHRC will issue by January 31 public notices inviting claims from legal heirs of those illegally cremated by the Punjab police.
On scope of inquiry, the NHRC has said it would investigate only the illegal killing and disappearances which culminated in the cremation of 2,097 bodies in the police districts of Amritsar, Majitha and Tarn Taran between 1984-1994.
Of these, 585 bodies were earlier categorised by the CBI as fully identified, 274 partially identified and 1,238 bodies as unidentified.While limiting the inquiries to 2,097 cremations, the NHRC rejected the plea of human rights groups in Punjab that all killings categorised as``extra-judicial eliminations'' or ``involuntary disappearances'' alleged against the Punjab Police during 1984-1994 be investigated also.
The issue was first taken up by the Supreme Court on the basis of a writ petition filed by Paramjit Kaur, wife of ``abducted'' human rights activist Jaswant Singh Khalra. The Supreme Court asked for the CBI to conduct the initial inquiry and, in a December 1996 order, described the cremations as ``flagrant violation of human rights on a mass scale''. The Court then asked the NHRC to deal with the entire gamut of the issue.
The NHRC's order on modalities for investigation includes a direction to the Centre to provide at least 6,000 sq. feet of space in New Delhi for the office, courtrooms and chambers of the proposed commissions. The suggestion that the NHRC itself provide the accommodation on rent has been rejected with the view that it should not be ``expected to undertake'' such responsibility.
The NHRC has directed the State Government to initially deposit Rs 25lakh for holding the inquiries. Besides this, since the initial burden of establishing that the cremations were done in accordance with law rests with the Punjab police, they should also provide before March 1999 a crematoria-wise list of all cremations of unclaimed/unidentified bodies in Amritsar, Majitha and Tarn Taran between June 1984 and December 1994.
The inquiries will be conducted by three commissioners of the rank of retired High Court judges. The NHRC has asked the Government for 37 personnel, including three commissioners, three deputy registrars and three court masters. Till the staff is in place, the NHRC registrar will act as registrar for the inquiries.
The NHRC has also invited claims from legal heirs or dependents of the dead, should the inquiry conclude that cremation was not ``done in accordance with lawful procedure with a view to destroying evidence''. The prescribed claim or application, supported by an affidavit, are to be submitted by March 1999.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.