28 j CIVIL LIBERTIES
4.13 The Commission also continued to pursue matters of which it had taken
cognisance earlier. Notable among these were the aftermath of the killing of 35 Sikhs
in Chittisinghpora on 20/21 March 2000 and the killing of 5 persons in Patribal by the
security forces on 25 March 2000, who were stated to be responsible for the killings in
Chittisinghpora. In respect of these matters, the Commission had directed the State
Government to furnish it with a copy of the report of the Commission of Inquiry
headed by Shri Justice S.R. Pandian, as well as to keep it informedin respect of the case
before the Chief Judicial Magistrate, Anantnag concerning the killing of the five
persons in Patribal.
4.14 On 14 July 2001, the State Government informed the Commission that it had
decided to accept the report and recommendations of the Pandian Commission of
Inquiry in totality. It further informed the Commission that personnel of the Jammu
and Kashmir police had been formally charge-sheeted and a full-fledged
departmental inquiry had been instituted against them; that an FIR had been
registered and a special team of investigators had been appointed to complete the
investigation; and that, in so far as personnel of Central Security Forces were
concerned, the Ministry of Home Affairs, Government of India had been requested to
take appropriate action against them. It was further stated that ex-gratia relief of
Rs.1.00 lakh had been paid to the next-of-kin of those who had been killed. The
Commission, accordingly, in its proceedings of 25 July 2001, closed its consideration
of this matter.
4.15 The Commission was, however, deeply disturbed to read press reports to the
effect that those reportedly killed in encounters in Patribal were identified as villagers
who had, according to the people of the area, been killed in 'fake encounters' and
wrongly blamed for the Chittisinghpora killings. On further enquiries by the
Commission, the Government indicated that samples had been taken for DNA testing
in respect of those who had been killed in Patribal. It remained a matter of the gravest
concern to the Commission, as expressed in its annual report for the year 2000-2001,
that despite the passage of many months, the results of the DNA testing had not been
made public. In its preceding report, therefore, the Commission had observed that the
manner in which the Patribal incident had been handled:
'...has done great harm to the cause of human rights in the State and to
the reputation of the armed forces and the Governmental authorities, both
at the Centre and in the State.'
NATIONAL HUMAN RIGHTS COMMISSION