NHRC directs J&K Government to send CBI findings on Panchalthan - Pataribal killings
New Delhi, 21 October 2005
The NHRC has directed the Secretary, Home Department, Government of J&K to communicate the status and result of the CBI investigation into the killing of five persons at Panchalthan - Pataribal, J&K by the security forces in the year 2000.
The Commission had started looking into the case after press reports quoted villages as saying that five persons killed in an encounter by the security forces were civilians and not terrorists who had attacked and killed 35 Sikhs in Chithi Singhpora as claimed by the security forces.
The report received from the Chief Secretary Government of J&K revealed that on 27 March 2000 a complaint was lodged before the Chief Judicial Magistrate, Anantnag alleging that five persons missing from Barain Angan and Anantnag had actually been killed at Panchalthan by the security forces but falsely shown as militants.
On 29 March 2000, the Court of Chief Judicial Magistrate, Anantnag ordered an inquiry into the matter to be conducted by Deputy Superintendent of Police, Anantnag. During inquiry the dead bodies of the five persons killed at Panchalthan were got exhumed and a team of doctors conducted autopsy. The DNA samples of the dead bodies were taken by the doctors headed by Head of Department, Forensic Medicine, Government Medical College, Srinagar along with samples from persons claiming to be relatives of the deceased persons for DNA finger printing, in order to ascertain the identity of the deceased persons killed at Panchalthan. The samples were forwarded to Director, CFSL, Kolkata and Director, Forensic Diagnostic Laboratory, Hyderabad for analysis.
The reports received from the Hyderabad Laboratory as well as Kolkata Laboratory revealed discrepancies in the samples, as blood samples of some female relatives of the deceased were opined to be that of male origin. Consequently, fresh samples of the dead bodies and blood samples of their claimed relatives were collected by experts from Kolkata and Hyderabad and taken to the respective laboratories for DNA finger printing.
Through its notification dated 15 March 2002, the Government of J&K appointed Justice G.A. Kuchhai, One-Man Commission of Inquiry to enquire into the definite matter of public importance namely whether the samples sent for DNA testing to Kolkata Laboratory in connection with five persons killed in Pataribal, District Anantnag were fake/spurious and the matters connected therewith. The G.A. Kuchhai Commission of Inquiry submitted its report to the Government of J&K on 15 December 2002.
After receipt of the report of the One-Man Commission of Inquiry headed by Justice (Retd.) G.A. Kuchhai, the State Government constituted a Cabinet Sub-Committee to examine the report for further action. Meanwhile a communication was received by the NHRC from the Under Secretary to Government of J&K (Home Department) dated 22 February 2005. It stated that the State Government on the basis of Cabinet Sub-Committee report has ordered suspension of the then Senior Superintendent of Police, Anantnag and removal of Assistant Sub-Inspector, the then Incharge of the Police Post. The SSP was suspended vide a Government order dated 29 July 2003 while the ASI removed from service vide Government order dated 31 July 2003. It stated that the case has been referred to the CBI and is under investigation. It also stated that the CBI has communicated to the State Government that investigation is in the final stage.
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The NHRC has directed the Secretary, Home Department, Government of J&K to communicate the status and result of the CBI investigation into the killing of five persons at Panchalthan - Pataribal, J&K by the security forces in the year 2000.
The Commission had started looking into the case after press reports quoted villages as saying that five persons killed in an encounter by the security forces were civilians and not terrorists who had attacked and killed 35 Sikhs in Chithi Singhpora as claimed by the security forces.
The report received from the Chief Secretary Government of J&K revealed that on 27 March 2000 a complaint was lodged before the Chief Judicial Magistrate, Anantnag alleging that five persons missing from Barain Angan and Anantnag had actually been killed at Panchalthan by the security forces but falsely shown as militants.
On 29 March 2000, the Court of Chief Judicial Magistrate, Anantnag ordered an inquiry into the matter to be conducted by Deputy Superintendent of Police, Anantnag. During inquiry the dead bodies of the five persons killed at Panchalthan were got exhumed and a team of doctors conducted autopsy. The DNA samples of the dead bodies were taken by the doctors headed by Head of Department, Forensic Medicine, Government Medical College, Srinagar along with samples from persons claiming to be relatives of the deceased persons for DNA finger printing, in order to ascertain the identity of the deceased persons killed at Panchalthan. The samples were forwarded to Director, CFSL, Kolkata and Director, Forensic Diagnostic Laboratory, Hyderabad for analysis.
The reports received from the Hyderabad Laboratory as well as Kolkata Laboratory revealed discrepancies in the samples, as blood samples of some female relatives of the deceased were opined to be that of male origin. Consequently, fresh samples of the dead bodies and blood samples of their claimed relatives were collected by experts from Kolkata and Hyderabad and taken to the respective laboratories for DNA finger printing.
Through its notification dated 15 March 2002, the Government of J&K appointed Justice G.A. Kuchhai, One-Man Commission of Inquiry to enquire into the definite matter of public importance namely whether the samples sent for DNA testing to Kolkata Laboratory in connection with five persons killed in Pataribal, District Anantnag were fake/spurious and the matters connected therewith. The G.A. Kuchhai Commission of Inquiry submitted its report to the Government of J&K on 15 December 2002.
After receipt of the report of the One-Man Commission of Inquiry headed by Justice (Retd.) G.A. Kuchhai, the State Government constituted a Cabinet Sub-Committee to examine the report for further action. Meanwhile a communication was received by the NHRC from the Under Secretary to Government of J&K (Home Department) dated 22 February 2005. It stated that the State Government on the basis of Cabinet Sub-Committee report has ordered suspension of the then Senior Superintendent of Police, Anantnag and removal of Assistant Sub-Inspector, the then Incharge of the Police Post. The SSP was suspended vide a Government order dated 29 July 2003 while the ASI removed from service vide Government order dated 31 July 2003. It stated that the case has been referred to the CBI and is under investigation. It also stated that the CBI has communicated to the State Government that investigation is in the final stage.
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