Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court

The Central Bureau of Investigation (CBI) has submitted today before the Punjab & Haryana High Court that investigation into the alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995 is "not feasible" and will be a futile exercise.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing a PIL filed by an NGO, Punjab Documentation and Advocacy Project (PDAP), which sought an independent probe into alleged thousands of killing and unidentified cremation under the guise of militancy operations between 1984-1995 in Punjab.

The CBI submitted that "the criminal investigation in these matters would not deliver the desired outcome due to paucity of prosecutable evidence in view of facts that the incidents are over three decades old, non-availability of the eye witnesses, difficulty in recalling the facts of the incident by the witnesses due to loss of memory over the period of time."

Therefore, the initiation of investigation is not feasible as it will be an exercise in futility, resulting in wastage of manpower and Government machinery, it added.

However, the reply stated that it is not denying "that families were traumatized" and many lost the sole breadwinner of the family. "Many would be entitled to compensation, which is conditioned on the availability of a death certificate."

"It is pertinent to mention here that earlier on the directions of the Hon'ble Supreme Court, NHRC has looked into the similar matters and passed an order dated 11.11.2004 holding State Govt. to be vicariously liable and awarded compensation of Rs.2.50 lakhs to the next of the kin of the victim, who before their death were in the police custody. Further, NHRC vide its order dated 03.04.2012 awarded monetary relief @ Rs. 1.75 lakhs to the next of kin of each deceased who were cremated by the State of Punjab without following Punjab Police Rules, Guidelines, practice and humanitarian law," the reply added.

The CBI stated further stated that if the Court deems fit, the investigation may be transferred to the CBI.

Background

The PDAP, stated to be comprised of prominent activists lawyers civil society and affected persons had alleged that during the period of 1984-1995 the Punjab Police had grossly misused its power under the garb of curbing militancy.

It is well documented that innocent citizens of Punjab were abducted and remain missing and unaccounted for, the petition added.

The plea highlighted that the records submitted in the plea are "direct evidence that dead bodies of victims were also brought to these crematoria as unidentified and/or cremated as unclaimed. When compared to evidence of FIR's and evidence of receipt books for the purchase of firewood and cloth for cremation the registers, receipt books and vouchers record the dates of cremations and numbers of bodies brought for cremation match the dates of killings and abductions in large numbers."

Furthermore, the plea alleged that in many cases the Municipal Corporations have refused to issue death certificates to the families as they have not been able to prove the deaths of their kin in the absence of the dead body.

In light of the above, the petition seeks independent investigation into all alleged "enforced disappearance and extra-judicial killings in Punjab" and directions to the state to rehabilitate the families of the victims.

In the last hearing, the Court had issued notices to the CBI, the Central government, the Punjab government and the Director General of Punjab Police

R.S. Bains, Sr. Advocate, with  Amarjeet, Advocate, and Anjali Sheoran, Advocate, for the petitioners.

S.P. Jain, Addl. Solicitor General of India for UOI

Ravi Kamal Gupta, Advocate, for respondent No.4-CBI

Title: Punjab Documentation And Advocate Project (PDAP) & Others v. State of Punjab & Ors.