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Extra-judicial killings during militancy: Probe at this stage to be futile exercise, CBI tells HC
An NGO, Punjab Documentation and Advocacy Project, and nine families have demanded setting up of a committee under a retired Supreme Court or high court judge to look into the alleged killings and disappearances.
The Central Bureau of Investigation (CBI) has told the Punjab and Haryana high court (HC) that there are “practical difficulties” in probing the alleged deaths being claimed by a petition, seeking investigation into extra-judicial killings and enforced disappearances, estimated at 6,733, during Punjab’s militancy years.
“…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-decade old, non-availability of eye witnesses, difficulty in recalling the facts of the incident by the witnesses due to loss of memory over the period of time and the weeding out of the original record pertaining to police file, hospitals and crematoria. Therefore, the initiation of investigation is not feasible as it will be an exercise in futility, resulting in wastage of manpower and government machinery,” the CBI has said in its affidavit filed in connection with a 2019 plea of which high court took note in February this year.
The plea was filed by an NGO, Punjab Documentation and Advocacy Project (PDAP), and nine victim families, demanding setting up of a committee under a retired Supreme Court or high court judge into alleged killings and disappearances. The plea also demanded that the victim families be compensated and the errant officers be prosecuted. The plea states the PDAP has carried out investigation for eight years in the state. It claims that 6,733 encounter killings, custodial deaths and illegal cremations took place in Punjab between 1984 and 1995.
The CBI says a thought could be given by the court to the impact and necessity of “raking up” of old wounds which scarred an entire community. “This is not to deny that families were traumatised and lives upended with the loss of often the sole breadwinner of the family. Many would be entitled to compensation, which is conditioned on the availability of death certificate,” it said adding that the petitioners had compiled the “data” from crematoria, FIR details and oral testimonies and even if are found to be correct, still these are not sufficient to establish the allegations of crime.
It further added that in 2004 the apex court directed state government to award compensation of ₹2.50 lakh to the next of the kin of the victim who before their death were in the police custody. Further in 2012, the National Human Rights Commission of India awarded monetary relief of ₹1.75 lakh to the next of kin of each deceased who were cremated by the state police without following rules and guidelines.
As per the CBI, it registered 32 cases after a Supreme Court order in 1996. Further, it received 199 affidavits and complaints following an advertisement in newspapers by the CBI seeking complaints from the general public. The record suggests that a total of 62 cases were registered by the CBI out of which 46 belonged to Amritsar, Tarn Taran and Majitha districts. The chargesheets were filed in 46 cases and 16 cases ended in closure reports. Out of 46 chargesheets, 24 cases ended in convictions and six in acquittals. 16 cases are still pending in courts, revealed the CBI affidavit.
