24. Mass cruma€Ionuf unclrlmsdlunldentlfl bod188 ty Punjab Pollca: Punjrb (Case No.lA7lNHRC) A reference to this case was made in the Annual Reports of the Commission for the years 1996-97 and 1997-98. During the year under review, the Supreme Court heard a petition Rled by the Ministry of Home Affairs meking clarification of the Supreme Court's order dated 12 December 1996, in the light of the Commission's order dated 04 August 1997 in which the latter had laid down the modalities wMch it intended to follow in pursuing the enquiry into this case. On 10 September 1998, the Supreme Court disposed of the said petition, upholding the stand of the Commission that it was a body sui-gmeris, in addition to It being a body suifurls created under the Act of Parliament. The Supreme Court criticised the Union Home Mlnlstry for the various objections raised by it before the Commission, and for later approaching the Court for clartficatlons which had led to delay in providing relief to the affected families. Thereafter, the Commission proceeded to examine the scope of the enquiry which it was required to undertake under the mm# of the Supreme Court's order dated 12 December 1996. While it was contended on betdf of the petitloners that the Commission was required to Inquire into all incidents of what were referred to as 'extra-judicial eliminations', or involuntary disappearances ,'fake encounters', 'abductlons' and 'killings ' etc., alleged against the Punjab Police during the decade 1984-1994, the Union Government and the State of Punjab contended that the inquiry should be restricted only to the 2097 cases of cremation of bodies 585 fuHy identified, 274 partially identified and 1238 un-identified - In the police districts of Amritsar, Tarn Taran and Majitha. - After hearing the Counsel for tLe parties, the Commission in its order dated 13 January 1999 settled the scope of inquiry under the Supreme Court's direction, by holding that it was limited only to those illegal killings/ disappearances that culminated in the cremation of 2097 bodles (585 bodies fullly identified, 275 bodles partially identifiedand 1238 bodies unidentified) In the crematoria located at Durgyana Mandlr, Patti Municipal Committee Crematorium and Tara Taran whlch were also the subjed matter of inquiry by the CBI In pursuance of the order of Supreme Court dated 15 November 1895. The contention that the Commission should undertake the investigation of all the alleged police killings in the State of Punjab was not found to square or reconcile with the express terms of the Court's remit. As a sequel to the order on the scope of the inquiry, the Commission in a separate order of 13 January 1999, lald down the modalities for the conduct of further proceedings. f he Commission directed that a public notice be published in the newspapers having circulation in and around the District of Amritsar for inviting applicationdclaims, by 10 March 1999. The Commission clarified that the Initial burden was on the State Government to establish that the cremations, undertaken by the police were in accordance with the procedure prescribed by