Investigating The Decade-Long Human Rights Abuses In Occupied Punjab
Washington, D.C., Wednesday, September 09, 1998 - Why is a Punjab People's Commission, which has been set up to probe the human rights violation in the state during the 1984-94 decade of state sponsored terror when the Congress party ruled the realm (constituted by the Coordination Committee on Disappearances in Punjab with three retired High Court Judges, two Hindu and one Sikh, all known for their integrity and legal knowledge) causing so much concern among Akali Dal's Fundamentalist BJP coalition partners ? Last week, they arranged for the filing of a Public Interest Litigation (PIL) suite in the Punjab and Haryana High court. This was to restrain the Non-governmental organization from conducting its next meeting on October 23,1998 at Ludhiana? What are they afraid of? Perhaps Mr. Prakash Singh Badal, Sikh Punjab's Chief Minister can resolve this enigma before the Punjab High Court hearing on September 25, 1998!On the petition of one Mr. Sudershan Goel, an advocate of the Punjab High Court, a division bench Justices Amarjeet Chaudhary and V.S. Aggarwal, issued stay notice on September 4,1998, to the Punjab People's Commission from holding further sittings. The Punjab People's commission (a non-government organization, which comprises former Mumbai High Court Judge H. Suresh and former Delhi High Court Judge Jaspal Singh as members and is headed by Calcutta High Court Judge Devi Singh Tewatia) held its first meeting on August 8, 1998 in a Chandigarh Gurudwara Sahib after being refused accommodation in a city like Chandigarh known all over India for the abundance of its meeting space. Obviously some people don't like People's Commission and want it to go away!
The first floor hall of the Sector 34 Gurudwara Sahib, where the first meeting was finally held was packed with victims, their friends, relatives and lawyers according to an Indian weekly magazine, THE WEEK. A Ludhiana based lawyer Balbir Singh Sooch, was reported by the magazine as having said that; "90 per cent of the cases coming up before the Punjab People's Commission have never been taken to the policy or courts out of fear of torture and possible elimination". The Week further reported that; "During the first three-day sitting, notices and orders were issued in 70 cases. In 90 different cases notices were sent to 70 police personnel". According to the newsmagazine; "the Punjab police have decided to ignore them and are considering moving the High Court against what the police chief P.C. Dogra calls an extra-judicial body issuing notices and summons."
The Tribune, Chandigarh (of September 5, 1998) reported the petitioner, attorney Sudershan Goel, submitted; "that according to the terms of reference of the said People's Commission, the commission would examine complaints of alleged abductions. Custodial tortures, enforced disappearances, summary executions and illegal cremations en masse and to give its findings whether the state agencies and individuals had committed any prima facie offence. It can also inquire into the conduct of persons who have been tried by courts of law and whether the courts proceedings were not impartial or independent or were designed to shield the accused."
The petitioner, according to The Tribune, further stated that; "by sitting over judgements passed by courts of competent jurisdiction in cases of alleged atrocities during the militancy, an attempt was being made to set up a parallel judicial system which might subvert the judicial process as well as cause a serious threat to the country's survival". The petitioner further pointed out that; "the state of Punjab remained a terrorist effected areas for more than a decade and the action of the Commission in summoning the police, and other state officials, and holding them guilty, should have the effect of demoralization not only among such officials but also in the society at large, and in case the militancy is ruled out, the police force would not be in a position to combat and control that situation." The proverbial cat was let out of the bag when Mr. Sudershan Goel identified the puppeteers behind the petitioner by pointing out in his petition that; "even a BJP Punjab minister, Mr. Balramji Das Tandon and the state Advocate-general Mr. G.S. Grewal has condemned the working of the said commission".
Our readers may recall that the ruling Akali Dal (Badal) in a pre election declaration, had promised to set up a similar official body to investigate human rights abuse if successful at the polls but backtracked after tasting power in coalition with the Hindu BJP fundamentalists. The Punjab People's Commission, which has been targeted by the racist BJP communalists and guilty Punjab Police is the brainchild of retired Supreme Court Judge Kuldip Singh who is the President of World Sikh Council. The Chairperson of the Punjab People's Commission, retired Calcutta High Court Chief Justice Devi Singh Tewatia, has been associated with other People's Commissions on Babri Masjid, riots over Cauvery water issue etc., which held hearing without any controversy. Somehow the Punjab People's Commission has caused a ruckus as the grim story of Indian Occupied Punjab, where the Akal Takht Sahib in the Darbar Sahib complex was desecrated by the Indian army and thousands of Sikhs were murdered by the state is still untold.
It is hoped that Punjab Chief Minister Badal, for once will have the moral courage to ignore the ridiculous charge aired by petitioner Sudershan Goel that; "the Punjab People's Commission is a serious threat to the country's survival". Some threat! Some country! The Chief Minister instead, should show some guts. He should ask for the resignation of Punjab minister Balramji Das Tandon and State advocate general G.S.Grewal for speaking out of turn on the issue as reported by the TRIBUNE of September 5, 1998.