NEW DELHI: In a case wound up after preliminary investigation by the Punjab Government, the National Human Rights Commission (NHRC) has recommended that the State Government pay a compensation of Rs 1 lakh to the widow of Harjinder Singh, who was killed in police firing.

The commission has also recommended a subsistence allowance of Rs 1,500 per month during her lifetime. This has followed a complaint received from the Punjab unit of the People’s Union for Civil Liberties alleging that the case has been “*hushed up” by the authorities, NHRC sources ‘said here last week.

Harjinder Singh was killed on January 18, 1993 during the course of panchayat elections in Chak Saidokev silage’ of Feroze pur district.

 He was killed standing near the polling station, Constable Joginder Singh had fired in the air to disperse an unruly mob near the polling station, and in the process Harjinder Singh was hit on the head and died. The Deputy Superintendent of Police conducted an inquiry and found Constable Joginder Singh innocent as he had fired while carrying out his official duty to disperse the crowd. The case registered at the police station, accordingly, was cancelled on the basis of the Deputy Superintendent’s report. After going through the report, tie NHRC, observed that the conclusion arrived at by the police investigation was “primafacle untenable.” “The matter should have been sent to the court and there should have been a judicial determination as to whether the constable was liable to be punished,” the Commission order noted. The NHRC recommended to the State Government that the FIR should be recalled and that the matter should be charge sheeted for trial in the court.

The Commission observed that the constable should have used his rifle in. ‘such a way that no one was physically injured, even while the constable was discharging an official duty. It also noted that the State Government’s report did not indicate a valid order to shoot. Since the firing, ‘was intended to be in air, the killing of ‘Harjinder Singh was a clear case of “gross negligence.”

Article extracted from this publication >>  February 14, 1996