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Finally, the “points of substance” framed by the NHRC and its subsequent actions
must be consistent with its normative framework and also help in ensuring that all
genuine victims of human rights violations receive just and reasonable reparation.
The NHRC was very displeased by the manner in which we had interpreted its
direction for proposing ‘points of substance’. During the hearing of the case on 20
December 2001, the NHRC made its displeasure very clear. The NHRC chairperson
Justice Verma wanted all the parties to file the “points of substance” in a format
that is common in civil suits and regular criminal proceedings. He was dismissive
of the CIIP’s submissions and called them irrelevant to the proceedings. On this
day, Indira Jaisingh, a senior Supreme Court lawyer and a well-known human rights
activist, was leading the arguments for the CIIP, which had no choice but to agree
to reformulate its submissions. In the end, we put together the following issues to be
determined by the NHRC:
Whether the death of the persons had been caused by the police? If yes, it was
necessary to determine the exact circumstances and motives leading to their death;
Whether the police were justified in causing the death of these persons and, if
so, by what authority of law?
Whether the above mentioned persons had been killed by the police while acting
as an agency of the state and for its purposes?
Whether the “cremations” was an attempt to destroy evidence of homicidal
crimes?
Whether the state and /or its agencies took all reasonable steps necessary to
identify the bodies in question and to hand them over to the next of kin in accordance
with the procedure prescribed by law?
Whether the next of kin of the persons so cremated are entitled to compensation
or any other form of rehabilitation and if so, to determine the basis and quantum
of compensation?
The last issue was to determine the action to be taken against the personnel
responsible for causing these deaths.
On 17 January 2002, the hearing was adjourned because of the absence of the
commission’s counsel. On 4 February 2002, the NHRC considered the submissions
filed by the various parties and then framed the following points of substance in the
case: “In the first stage we would like to confine ourselves to the 582 fully identified
bodies. The issues which arise for consideration with respect to the fully identified
bodies are:
Whether the officers of the state of Punjab or of the Union of India who were
connected with the cremation of the 582 fully identified bodies were not responsible
for their death and, therefore, there was no violation of human rights
committed by them?
The liability of the concerned officers of these governments as a result of the
above?
In case of liability of the above officers, the consequent liability of the governments
concerned; and,
Relief, including compensation, if any.
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