Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Civil Liberties<br />
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○<br />
○<br />
democracy, rule of law and human rights, which are fundamental values of a civilized society and the<br />
core values of the Indian Constitution.<br />
3.17 In D.K. Basu Vs. The State of West Bengal [1997 (1) SCC 416], The Supreme Court of<br />
India said:<br />
“Challenge of terrorism must be met with innovative ideas and approach. State terrorism is no<br />
answer to combat terrorism. State terrorism would provide legitimacy to ‘terrorism’. That would<br />
be bad for the State, the community and above all for the Rule of Law. The State, therefore, must<br />
ensure that various agencies deployed by it for combating terrorism act within the bounds of<br />
law and not become law unto themselves. That the terrorist has violated the human rights of<br />
innocent citizens may render him liable for punishment but it cannot justify the violation of his<br />
human rights except in the manner permitted by law”.<br />
3.18 During the year 2004-2005, the <strong>Commission</strong> continued to monitor developments in respect<br />
of matters of which it had taken cognisance earlier. Thus, in regard to the killing of 24 kashmiri<br />
pandits at Pulwama on the 24 th March, 2003, the <strong>Commission</strong> was informed that an amount of<br />
Rupees Twenty Four lakhs had been disbursed as ex-gratia relief to the next of kins of the 24<br />
victims, apart from the payment of Rupees Five thousand each to the injured persons.<br />
3.19 The <strong>Commission</strong> was informed of a case of attack by three unidentified armed terrorists in<br />
the accommodation of Junior <strong>Commission</strong>ed Officers and other ranks, causing heavy casualties<br />
on the 14 th May, 2002, at Kaluchak, J&K, the Government of J&K had granted ex-gratia relief<br />
amount of Rupees One lakh to the next of kin of the deceased, Premwati Yadav as well as<br />
Rupees Seventy five thousand and Five thousand respectively to the two injured.<br />
3.20 As regards the case of five persons who were killed in Patribal by the security forces in<br />
the aftermath of the Chittisinghpora tragedy, as mentioned in the <strong>Annual</strong> <strong>Report</strong> for the previous<br />
years, the <strong>Commission</strong> was informed that a <strong>Commission</strong> of Inquiry headed by Justice G. A.<br />
Kuchai had been appointed to look into the matter and to fix responsibility on the delinquent<br />
public servant responsible for the wrong doing. On the basis of the recommendations contained<br />
in Justice G.A. Kuchai <strong>Commission</strong>’s report, the State Government of J&K initiated action<br />
against the erring police personnel as well as the medical personnel. The matter had ultimately<br />
been entrusted to the CBI for detailed investigation.<br />
3.21 The <strong>Commission</strong> continued to monitor closely the situation relating to human rights in North-<br />
Eastern region. The <strong>Commission</strong> received a complaint from the Director, Asian Centre for <strong>Human</strong><br />
<strong>Rights</strong>, New Delhi alleging the killing of one civilian and injury to four others including two Manipur<br />
Rifles Personnel during an attack by unidentified militants upon the security forces at Yuremban<br />
Nagasepam, Imphal West District of Manipur on 10 th January 2005. Response to the notice issued to<br />
the Chief Secretary and Director General of Police, Manipur is as, however, still awaited.<br />
<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />
13<br />
AR-Chapter-1-19-10-6-06.p65<br />
33<br />
7/17/06, 6:29 PM