14 I CIVtL LIBERTIES
3.12 Among the cases considered were those relating to the killings of 35 Sikhs in
Chittisinghpora on 20-21 March 2001, referred to above; the killing of 5 persons in
Patribal by the armed forces on 25 March 2000, who were stated to be responsible for
the killings in Chittisinghpora; and the killing of pilgrims on the Amamath Yatra on 1
August 2000. In respect of the Chittisinghpora incident, both the Central and State
Governments responded that, of the 20 persons who had been identified to be
involved in the crime, 2 had been arrested, 6 had been killed in encounters, while 12
were being sought. Shortly after, however, the Commission was dismayed to read in
the press that those who had reportedly been killed in encounters at Patribal, a short
distance away from Chittisinghpora, were identified as villagers who had, according to
the people of the area, been killed in 'fake encoimters' and wrongly blamed for the
Chittisinghpora killings. On further enquiries from the Commission, the Government
indicated that samples had been taken for the DNA testing of those who had been
killed at Patribal. It remained a matter of the gravest concern to the Commission that,
despite the passage of many months, the results of the DNA testing had not been
made public.
3.13 The Commission is of the view that the manner in which the Patribal incident
has 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 Govermnental authorities, both at the
Centre and in the State. The Commission therefore urges the Government to disclose
the facts relating to the deaths in Patribal and take appropriate action if wrong has
been done. The long-term interests of the State and the security of the nation can
never be advanced by the concealment ofpossible wrong-doing. It is a serious mistake
to think otherwise.
3.14 The Commission is therefore appreciative of the investigation undertaken by the
Commission of Inquiry headed by Lt. General J. R. Mukheijee to look into the killing
of Amarnath pilgrims and shopkeepers in Pahalgam on 1 August 2000. In marked
contrast to the Patribal incident, those responsible for the deaths in Pahalgam were
identified, whether they were terrorists or police personnel; security lapses were also
identified and recommendations were made to improve arrangements; criminal
prosecutions and disciplinary actions were also recommended in the light of the
findings. The Commission, on studying the reports received, asked that measures be
taken in accordance with the Commission of Inquiry report and that it be notified,
thereafter, of the action taken.
3.15 The Commission also took cognisance of a complaint that it received concerning
NATIONAL HUMAN RIGHTS COMMISSION