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Civil Liberties
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democracy, rule of law and human rights, which are fundamental values of a civilized society and the
core values of the Indian Constitution.
3.17 In D.K. Basu Vs. The State of West Bengal [1997 (1) SCC 416], The Supreme Court of
India said:
“Challenge of terrorism must be met with innovative ideas and approach. State terrorism is no
answer to combat terrorism. State terrorism would provide legitimacy to ‘terrorism’. That would
be bad for the State, the community and above all for the Rule of Law. The State, therefore, must
ensure that various agencies deployed by it for combating terrorism act within the bounds of
law and not become law unto themselves. That the terrorist has violated the human rights of
innocent citizens may render him liable for punishment but it cannot justify the violation of his
human rights except in the manner permitted by law”.
3.18 During the year 2004-2005, the Commission continued to monitor developments in respect
of matters of which it had taken cognisance earlier. Thus, in regard to the killing of 24 kashmiri
pandits at Pulwama on the 24th March, 2003, the Commission was informed that an amount of
Rupees Twenty Four lakhs had been disbursed as ex-gratia relief to the next of kins of the 24
victims, apart from the payment of Rupees Five thousand each to the injured persons.
3.19 The Commission was informed of a case of attack by three unidentified armed terrorists in
the accommodation of Junior Commissioned Officers and other ranks, causing heavy casualties
on the 14th May, 2002, at Kaluchak, J&K, the Government of J&K had granted ex-gratia relief
amount of Rupees One lakh to the next of kin of the deceased, Premwati Yadav as well as
Rupees Seventy five thousand and Five thousand respectively to the two injured.
3.20 As regards the case of five persons who were killed in Patribal by the security forces in
the aftermath of the Chittisinghpora tragedy, as mentioned in the Annual Report for the previous
years, the Commission was informed that a Commission of Inquiry headed by Justice G. A.
Kuchai had been appointed to look into the matter and to fix responsibility on the delinquent
public servant responsible for the wrong doing. On the basis of the recommendations contained
in Justice G.A. Kuchai Commission’s report, the State Government of J&K initiated action
against the erring police personnel as well as the medical personnel. The matter had ultimately
been entrusted to the CBI for detailed investigation.
3.21 The Commission continued to monitor closely the situation relating to human rights in NorthEastern region. The Commission received a complaint from the Director, Asian Centre for Human
Rights, New Delhi alleging the killing of one civilian and injury to four others including two Manipur
Rifles Personnel during an attack by unidentified militants upon the security forces at Yuremban
Nagasepam, Imphal West District of Manipur on 10 th January 2005. Response to the notice issued to
the Chief Secretary and Director General of Police, Manipur is as, however, still awaited.
National Human Rights Commission Annual Report - 2004-2005
AR-Chapter-1-19-10-6-06.p65
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