National Human Rights Commission
Faridkot House
New Delhi
Misc. Petition No. A-1 dated 24.10.2005 in
Reference Case No. 1/97/NHRC
DATE: 10th October 2006
Reference made by the Supreme Court on Writ Petition No. 447/95 and 497/95
CORAM
Dr. Justice A.S. Anand, Chairperson
Dr. Justice Shivaraj V. Patil, Member
Justice Y. Bhaskar Rao, Member
Shri R.S. Kalha, Member
Proceedings
These proceedings shall dispose of Petition No. A-1 dated 24th October, 2005.
Thus, it is found that the report is hopelessly vague, besides it lacks transparency.Shri Ashok Agrwaal, Learned Counsel for CIIP vide petition dated 24th October, 2005 filed a copy of report by “Physicians for Human Rights (PHR) and Bellevue/New York School of Medicine Programme for Survivors of Torture” in respect of an independent survey allegedly conducted by them for assessment of physical and psychological condition of the family members of victims who were killed and illegally cremated by Indian Security Forces and many of whom were themselves survivors of related abuses. CIIP, in it’s [sic] petition has prayed to take the above report on record and issue summons to the main authors of the report to appear before the Commission and testify regarding its findings and conclusions before final adjudication regarding the compensation to be paid to the next of kin of the deceased in appropriate cases.
This application was followed by receipt of a copy of the report by post from “Physicians for Human Rights and Bellevue New York School of Medicine Programme for Survivors of Torture”. No affidavit was attached to the report to vouchsafe the correctness/truthfulness of whatever had been stated in the report. From a perusal of the joint report of PHR/NYU it transpires that the alleged survey was conducted by the above referred organizations at the request of some NGO called ‘Ensaaf’, who had no role to play either before the Supreme Court or this Commission.
From the record it transpires that neither the NGO “Ensaaf” nor CIIP/PHR/Bellevue NYU had at any time intimated the Commission about the purported survey to find out physical and psychological condition of the next of kin of the deceased persons who are subject-matter of this inquiry nor had they sought let alone obtained, any permission to do so. Further, it is noticed from the ‘report’ that it is one-sided in-as-much-as not even the respondents in this matter were even intimated about the alleged survey let alone associated, to ensure fairness and transparency of the procedure. There is nothing in the report to indicate as to who identified the persons who were allegedly examined by the team of physicians/psychologists, “as the next of kind of the deceased persons who were allegedly cremated at Municipal Crematorium of three police districts of Amritsar, Majitha and Tarn Taran.” The report does not even detail the link of the persons clinically and psychologically examined with specific deceased person who were cremated in the above-referred crematoriums. Even the names of the persons allegedly examined or their relationship with any of the identified deceased is not mentioned in the report and the report is not accompanied by any clinical or psycho analysis data. There is no material in the report which can give any indication of name and other details of persons interviewed nor of the persons associated to identify the alleged family members of the deceased. There is total absence of any supporting data or evidence linking the persons allegedly examined by the team of physicians with any of the cremated persons.
Thus, it is found that the report is hopelessly vague, besides it lacks transparency. It is bereft of any details and has been prepared by a party who had no role either before the Supreme Court or the Commission in these proceedings all these years. We, therefore, find no justification in the prayer made by the CIIP for taking the report on record or summoning the authors of the report. The application is accordingly dismissed.
(Justice A.S. Anand)
Chairperson
(Justice Shivaraj V. Patil)
Member
(Justice Y.Bhaskar Rao)
Member
(R.S. Kalha)
Member
