NHRC orders CBI probe into killing of youth in Punjab



The National Human Rights Commission has directed the Government to order a CBI inquiry into the killing of a youth, Kashmira Singh, by the Punjab police in a "fake encounter" and has asked the State Government to pay an interim relief of Rs.2 lakhs to the victim’s family.

The Commission has also asked the Department of Personnel of the Union Government to direct the CBI to undertake the investigation to identify the motive behind the killing of Kashmira Singh and to bring those responsible to book.

The victim’s father, Mr. Ajit Singh, had filed a complaint before the Commission that a police party forcibly entered his home and seized him and his son, who was a member of youth wing of the Akali Dal. While Mr. Ajit Singh was thrown out from a jeep, in which they were being taken away, he alleged that the Tarn Taran police killed Kashmira Singh in a "fake encounter" on the night of March 14, 1997.

The Senior Superintendent of Police of Tarn Taran, however, in a report submitted to the NHRC, asserted that Kashmira Singh was a member of the gang of the "Khalistan Commando Force" (Panjawar). He stated that when the police tried to arrest Kashmira Singh at Pandori Pukman village near Hoshiarpur, the latter attacked the police party with a sword resulting in injuries to three policemen. The report said the police fired in self-defense, as a result of which Kashmira Singh was killed.

Upon examining the report, the Commission sent a team from its Investigation Wing to the spot. The team made an inquiry of the incident which indicated that Kashmira Singh, who was an active member of the Akali Dal (Mann group), could have become the victim of a conspiracy to liquidate him, though he had no past police record.

A careful study of the nature of gunshot injuries shown in the post-mortem report suggested that the shots were fired at him from close range. The nature of injuries also revealed that they could have only been caused if the victim were in a sitting position and not if he were standing or engaged in resisting arrest. It also appeared to the Commission’s team that the group of 17 police personnel involved in the case was more than sufficient to overpower Kashmira Singh, who, admittedly, was not in possession of any firearm.

Based on the report of its Investigation Team, the Commission concluded that the claim of the Tarn Taran police that Kashmira Singh was killed in self-defence and in a genuine encounter was not credible: "Rather the evidence suggested that the victim was killed in a pre-planned way."

The Commission has also asked the Punjab Government to order a thorough probe by the CBI into the case.