Annual Report - National Human Rights Commission

Complaints Before the Commission
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e) Other Important Cases
23. Punjab Mass Cremation Case
4.140 The Commission received a remit, from the Supreme Court of India to examine 2097
cremations of dead bodies as un-identified by the Punjab Police in the Police District of Amritsar,
Majitha and Tarn Taran, Punjab during the period w.e.f. 1984 to 1994. While remitting the
matter to the Commission, the Hon’ble Supreme Court of India directed the CBI to take further
action into the matter and register the cases where necessary, hold investigations and proceed
in accordance with the law on the basis of material collected through investigation. For the
remaining issues the Hon’ble Supreme Court of India requested the Commission to examine
the matter.
4.141 In furtherance of the remit, the Commission considered the matter from time to time and
vide its proceedings dated 11.11.2004, it unhesitantly held that human rights of 109 persons,
who were admittedly in the custody of the police immediately prior to their death, stood invaded
and infringed when they lost their lives, while in custody of the police thereby rendering the
state vicariously liable. There was a very great responsibility on the part of the police and other
authorities to take reasonable care so that citizens in their custody were ‘safe’ and not deprived
of their right to life as in such cases “the duty of care on the part of the State is strict and admits
of non-exception.” The State of Punjab was, therefore, held accountable and vicariously
responsible for the infringement of the indefeasible right to life of those 109 deceased persons as
it failed to “safeguard their lives and persons against the risk of avoidable harm.”
4.142 The Commission found itself totally justified and, in the facts and circumstances of the
case, duty bound and obliged to redress and grievances of the next of kin of the deceased by
award of monetary compensation for infringement of the indefeasible right to life of deceased
and apply balm to their wounds.
4.143 The Commission awarded a total compensation of Rs.2,72,50,000/- @ Rs.2.50 lakhs
to the next of kin of each of 109 deceased persons who we admittedly in the custody of the
Punjab Police at the time of their death. The Commission is in the process of examining the
claims in relation to the remaining cremations and grievances raised by the next of kin of the
other deceased.
24. Displacement of farmers and agricultural labourers by construction of a barrage
across the river Nagavalli – relief and rehabilitation: Andhra Pradesh – Case No.
667/1/2002-2003(FC)
4.144 Shri V. Kishore Chandra S. Deo, former Union Minister vide his reference dated 4-2-
2003 invited attention of the Commission towards the misery and suffering which had occurred
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