6.11 The Supreme Court of India, vide its order dated 12 December 1996, had remitted Punjab
Mass Cremation case to NHRC. The case relates to the disappearance of people allegedly due to
police abductions in some parts of Punjab, culminating in the alleged secret cremation of 2,097
bodies by Punjab Police in the districts of Amritsar, Majitha and Tarn Taran between 1984 and
1994. The earlier Annual Reports of the Commission have provided full details of the proceedings
conducted by the Commission in respect of this case.
6.12 The Commission vide its proceedings dated 11 November 2004 had awarded
compensation of Rs. 2,50,000 to the next of kin of each of the deceased persons who were in the
custody of Punjab Police at the time of their death. Subsequently, vide its order dated 10 October
2006, the Commission awarded Rs. 1,75,000 to the next of kin of each of the deceased whose bodies
were surrpetitiously cremated by the State of Punjab without following the Punjab Police Rules,
guidelines, practices and humanitarian law. Till 31 March 2008, the Commission had awarded
Rs. 4,87,50,000 to the next of kin of 195 deceased persons at the rate of Rs. 2,50,000 each and
Rs. 20,87,75,000 to the next of kin of 1,193 deceased persons at the rate of Rs. 1,75,000 each. A total
amount of Rs. 25,75,25,000 was thus recommended by the Commission for payment to the next of
kin of 1,388 deceased persons.
6.13 Since the establishment of the Commission in October 1993, it has recommended monetary
relief to the victims/next of kin of deceased victims in appropriate cases, details of which have
already been elucidated in the previous Annual Reports. During 2007-2008, the Commission
recommended monetary relief amounting to Rs. 3,20,00,000 in 199 cases, including 81 cases of
custodial deaths. Out of these 199 cases, the Commission recommended disciplinary action in 9
cases and prosecution of errant public servants in 2 cases. Besides, only disciplinary action was
recommended in 2 cases (Annexure-7).
6.14 The Commission has come across a large number of complaints relating to allegations of
avoidance on the part of the officers of the police stations to register complaints of cognizable
offence or a tendency to minimize the gravity of the offence while registering a case. It is a serious
violation of the statutory obligations imposed on the in-charge of the police station under the
provisions of Chapter XII, Code of Criminal Procedure, in particular, Section 154 of Cr.P.C. This
has an adverse effect on the criminal justice delivery system. The Commission recommends that
all the States and Union Territories issue necessary instructions to all the concerned police
personnel to meticulously adhere to the provision of Section 154 of Cr.P.C in matters relating to
registration of cases.
6.15 The Commission through this Annual Report once again urges the Central and State
Governments to respond promptly to requests for reports and other documents and to act without
any further delay on its varied recommendations in individual cases. The Commission also
repeats its recommendation that the Central and State Governments should adhere more carefully
to the guidelines issued by it, as this would facilitate the Commission in prompt disposal of cases
34 National Human Rights Commission