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NHRC free to probe Punjab mass cremation

In a significant ruling, the Supreme Court clarified to the central government that the National Human Rights Commission had the power to probe the mass cremation of about 2,000 people killed during the peak of terrorism in Punjab.

The Supreme Court said the NHRC's jurisdiction was of a special nature, not covered by enactment or the law under which it was constituted, but pursuant to the directions issued by the apex court. Thus it acts sui generis, the court stated. The apex court ruling would allow the NHRC to probe the matter even after the expiry of the limitation period of one year.

The division bench comprising Justices Saghir Ahmad and Rajendra Babu were acting on a petition filed by the Union government seeking clarification regarding the apex court's request to the NHRC to examine the mass cremation of 2097 bodies by the Punjab police. The bench said the NHRC would be aiding the court exercise its power under Article 32 of the Constitution.

Referring to the central government's objections about NHRC's jurisdiction to probe the case with reference to its statutory obligations and limitations, the judges said that the court has chosen to exercise its power under Article 32 of the Constitution through NHRC in this matter. ''It cannot be said that a new jurisdiction is conferred on the NHRC,'' the bench stated.

The government had pointed out that since it was under the protection of the Human Rights Act, 1993, the commission was prohibited from inquiring into any matter one year from the date on which the act was reportedly committed.

However, the apex court said, ''If this court can exercise the power unaffected by the prohibition contained in the section 36 (2), there is no reason why the commission, at the request of this court, cannot investigate or look into the violation of human rights, even though the period of limitation indicated in section 36 (2) might have expired''.

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