Supreme Court Order Referring the Matter of Illegal Cremations to the NHRC

December 12, 1996 Supreme Court Order Referring
the Matter of Illegal Cremations to the NHRC
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

After hearing learned counsel for the parties, the Court passed the order requesting the National Human Rights Commission through its Chairman to have the matter examined in accordance with law and determine all the issues which are raised before the Commission by the learned counsel for the parties. Copies of the order dated November 15, 1995 and all subsequent orders passed by this Court alongwith the copies of all the CBI reports in sealed covers be sent to the Commission by the Registry within one week.

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition(Crl.) No. 497/95

Two issues were raised before this Court in Mrs. Paramjit Kaur Vs. State of Punjab and Ors. in Writ Petition (Crl.) No. 497/95 and the connected Writ Petition (Crl.) No. 447/95. The first issue concern [sic] the abduction of Mr. J.S. Khalra, General Secretary, Human Rights Wing of Shiromani Akali Dal. This Court after monitoring has passed final order so far as issue regarding Mr. Khalra is concerned. The second issue raised in the Writ Petitions related to the Press Note dated January 16, 1995 issued by the Human Rights Wing of the Shiromani Akali Dal under the signatures of Khalra and J.S. Dhillon under the caption “DISAPPEARED”: “CREMATION GROUNDS”. The Press Note stated that large number of persons were cremated by labelling them as un-identified. This Court dealt with the second issue as under:

“The second issue highlighted in this petition is equally important. This Court cannot close its eyes to the contents of the Press Note dated January 16, 1995 stated to be investigated by Khalra and Dhillon. In case it is found that the facts stated in the Press Note are correct – even partially – it would be a gory-tale of Human-rights violations. It is horrifying to visualize that dead-bodies of large number of persons – allegedly thousands – could be cremated by the police unceremoniously with a label “unidentified”. Our faith in democracy and rule of law assures us that nothing of the type can ever happen in this country but the allegations in the Press-Note – horrendous as they are – need thorough investigation. We, therefore, direct the Director, Central Bureau of Investigation to appoint a high powered team to investigate into the facts contained in the Press Note dated January 16, 1995. We direct all the concerned authorities of the State of Punjab including the Director General of Police, Punjab to render all assistance to the CBI in the investigation. All the authorities of the Punjab Government shall render all help and assistance to the CBI team as and when asked by any member of the said team. We give liberty to the CBI to seek any further directions from this Court from time to time as may be necessary during the investigation.”

The CBI has completed its enquiry as directed by us. The 5th and final report was filed in this Court on December 9, 1996. The report is self explanatory and speaks for itself. The Registry shall send a copy of the report to the National Human Rights Commission (the Commission) under a sealed cover. The report indicates that 585 dead bodies were fully identified, 274 partially identified and 1238 un-identified. Needless to say that the report discloses flagrant violations of human rights on a mass scale. Without going into the matter any further, we leave the whole matter to be dealt with by the Commission.

“Pursuant to this Court’s order dated November 15, 1995, the CBI has placed on record the 5th and Final report dated December 9, 1996 regarding the cremation by the Police of lawaris dead bodies in various Districts of Punjab. Mr. M L Sharma, Joint Director, CBI is personally present in Court. We agree with the suggestion of Mr. Sharma that the contents of the report be kept secret, as at present, because further investigation has to be undertaken by the CBI. Mr. Sharma has suggested that since large number of cases may have to be registered, the CBI may be permitted to undertake investigation of 10-15 cases and the remaining cases be investigated by the Punjab Police. We appreciate the suggestion but since the CBI has done the initial investigation in this matter and has placed five detailed reports before this Court while appreciating the work of the CBI, we are of the view that as at present, the CBI should undertake the investigation of all the cases which are to be registered as a result of the final report. We, therefore, direct the CBI to take further action into the matter and register the cases, where necessary, hold investigations and proceed in accordance with law on the basis of the material collected during investigation.

We, however, give liberty to the CBI to seek further directions, if necessary, from this Court in line with the suggestion made by Mr. Sharma or for any other purpose. The CBI shall, after every three months, place a status report regarding the investigation in this Court.”

While the CBI is investigating the matter, we are of the view that the remaining issues involved in this case be left for the determination of the Commission, which is the appropriate body for this purpose.

Learned counsel in the two writ petitions have vehemently contented that all the 585 bodies which have been identified, their heirs/dependents are entitled to compensation. Our attention has been invited to various provisions specially Sections 12 and 18 of the Protection of Human Rights Act, 1993.

We request the Commission through its Chairman “to have the matter examined in accordance with law and determine all the issues which are raised before the Commission by the learned counsel for the parties.” Copies of the order dated November 15, 1995 and all subsequent orders passed by this Court alongwith the copies of all the CBI reports in sealed covers be sent to the Commission by the Registry.

Since the matter is going to be examined by the Commission at the request of this Court, any compensation awarded by the Commission shall be binding and payable. If any approval or further assistance from this Court is necessary, the same may be sought by the Commission. The necessary papers be sent to the Commission within one week in a separate seal cover.