Involuntary Disappearances (Human Rights Wing SAD)

Involuntary disappearances have been a common feature of human rights abuses in the Punjab, India. The United Nations Working Group on Involuntary Disappearances is investigating more than 200 cases of disappearances in the Punjab. Human rights activists have long maintained that the real incidence runs into thousands but fear of recriminations by the police has prevented from people reporting to the right authorities. In view of this, a two member committee of the Human Rights Wing of the Akali Dal decided to investigate the matter from official sources. The findings are staggering. A preliminary count has shown that over 25,000 unidentified bodies have been registered in various municipal cremation grounds! These are people who 'disappeared' in the Punjab and their relatives still await news of their whereabouts.

The investigating team consists of Mr Jaspal Singh Dhillon and Mr Jaswant Singh Khalra. It started its work in August 1994. The records checked were;

Police records where available at the courts.
Municipal files on stock register where cremation records are held. Government of india, Birth and Death register.

Although threats were made by the police, the investigation was made public from the outset to prevent any recrimination. The statistical findings completed on two areas are as follows:

Patti Cremation grounds. Records from 1986 to 1994 show 1135 unidentified bodies.
Taran Taran; 1915.
Amritsar city; 2967.
Amritsar district total ; 6017.

This is just one district. There are 13 districts in Punjab.

-::s .

Gen. Sec.
Jaswanl Singh Khalra
8, Kalw Parle Amrillar (Pbl)
INDIA
Ph, (0183)257519

Respectfully showeth,

1, That the petitioner is resident of Mohali and is citizen of India, hence competent to invoke extraordinary writ jurisdiction of this Hon'ble court.'

2, That the petitioner is a human rights activist and is also a member of Akali Dal (Amritsar), Human Right1 Wing. The Human Right Wing of Akali Dal(A) conducted a survey of cremation grounds in Distt. Amritsar and found that thousands of bodies have been cremated in these cremation grounds at the behest of different police stations in the area as being unclaimed or unidentified. During the survey of the areas, it was also found that about two thousand families are in eternal wait for their children to return as they do not believe the police version as to whether their children are dead or alive. In number of cases where the police claimed that the man was dead was in fact found alive. In one Harjit Singh's case belonging to Butter Kalan ,Teh. Baba Bakala, the police claimed that Harjit was killed in an encounter on 12^th April,93. A hebeas Corpus petition was filed by his father Kashmir Singh in this Hon'ble court and a warrant Officer. Mr. R.L.Bhatia was appointed to know the whereabouts of Harjit Singh. Mr. Bhatia visited Mall Mandi, Amritsar on 17th Oct.93 and found Harjit Singh standing in a cell over there. Though Harjit Singh was whisked away from that place, the ­ fact is that Harjit was found alive even after he was declared dead by the police five montns back. Such like incidents have totally shaken the faith of the people in the functioning of the police.

3, That as per the report submitted by the Human Rights wing Akali Dal (A), there are about two thousand families in the border Distt of Amritsar who are waiting for their wards and kin to come back. According to the report, several hundred bodies have between cremated by the police in the crematorium of the Municipal Corporation, Amritsar as being unclaimed. At the Municipal Crematorium, Patti, 400 bodies as being unclaimed or unidentified were cremated and at the crematorium at Tarn Taran, the number is 700. A news report to the said effect was published in different newspapers including The Tribune dated 2nd Jan.95. The said news item is annexed along with as annexure Pl. The list of bodies cremated at Durgiana cremation grounds as being unidentified or unclaimed between Jan.92 to Dec.92. by Panjab police is annexed along with as annexure P2.

4, That the perusal of annexure P2 shocks the human conscience that so many persons were killed and disposed off in a clandestine manner, when thousand of families. are waiting for the return of their nearest ones that one day they will come back. The least that the govt. can do is to provide the correct information to these families about their kith and kin whose whereabouts are not known.

5, That now that the terrorism has been wiped out from the state of Punjab, the govt. should come out clean and provide the correct information and details of the bodies cremated as being unidentified or unclaimed. In the interest of justice, it is necessary that an independent probe be ordered into the whole matter to reach out the truth so that thousands of families are given a sigh of relief.

6, That the law of the land provides that the life and liberty of an individual cannot be taken away except by due cause of law, but in the present case thousands of persons have been killed and disposed of in a most brutal manner.

7, That the respendents are liable to order an independent probe into the whole matter and also inform the parents of the deceased persons so that their eternal wait for their dear ones comes to an end.

8, That the main law point involved in the petition is:

i) Whether the respondents are bound to order an independent probe into the cremation of thousands of unidentified and unclaimed bodies in the distt. of Amritsar from the last three years and also inform thousands of families about the whereabouts of their children who are missing from quite some time, in the interest of justice.

9, That the petitioner has no other such or equally efficacious remedy before him except by way of this writ petition.

10, That the petitioner has not filed such or similar writ petition either in this Hon'ble court or Supreme Court of India.

IN the premises, it is respectfully prayed that:
i, Need for certified copies of annexures may please be dispensed with.
ii, Need for advance notices may also be dispensed with.
iii, Petition be allowed with costs.

Issue writ of mandamus or any other appropriate writ 'order or direction be issued directing the respondents to order an independent probe by C.B.I. or any other independent agency into the crematorium of thousands of bodies in the cremation grounds of district Amritsar and also informed thousands of families about the whereabouts of their children so that their eternal wait comes to an end and for this the petitioner as duty bound shall ever pray.

Petitioner
Through Counsel

Verification:

Verified that the contents of paras are true and correct to my knowledge. Paras are as per the legal advice which I believe to be true. No part of it is false and nothing material has been concealed therefrom.