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NHRC rejects plea in mass cremations case

New Delhi, February 18
The National Human Rights Commission has turned down the request to enlarge the scope of the Punjab mass cremations case to the entire state but ruled that inquiry would be conducted in all the 2,097 incidents investigated by the CBI in three police districts of Amritsar, Majitha and Tarn Taran irrespective of whether claims were filed regarding them.

The full Bench of the commission, headed by Chairman Justice J.S. Verma, ruled that the determination of quantum of compensation payable in each case would be done at one time after scrutiny of all the cases. The NHRC clarified that it had not taken any decision on the compensation payable in 18 cases in which the Punjab Government had earlier offered to pay Rs 1 lakh each. They would also be determined at the same time at the end of the proceedings.

Responding to a request made by the committee for information and initiative on Punjab to widen the scope of investigation to all cases during the militancy era in Punjab during which the police killed people in ‘fake encounters’ and then cremated them as unidentified bodies, the NHRC observed that the Supreme Court order on December 12, 1996, entrusting the investigation of the case to the commission had clearly specified it to 2,097 cases investigated by the criminal bureau of investigation earlier.

The court’s later order also did not give any indication that the determination of the scope of inquiry by the commission required any reconsideration, the commission said.

Regarding petitioner counsel Ashok Agarwal’s submission that the commission make a reference to the apex court seeking clarification on the scope of inquiry, the NHRC said, “We do not consider it necessary to seek such clarification since the commission does not entertain any doubt in that behalf. It is, however, open to the petitioners to seek any such clarifications from the Supreme Court if so advised.”

Despite the fact that in response to public notices issued by the NHRC it had received only 88 claims about the cremation of ‘unidentified’ bodies by the police, the commission has decided to make all possible practicable efforts to identify all 2,097 victims. UNI
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