CBI says Investigation Not Possible into Panjab Encounter Killings 1984-1995

On 7 Feb, the Punjab and Haryana High Court (PHHC) sought a response from the Indian and Panjab govts. on a public interest litigation (PIL), seeking an independent probe into the alleged extra-judicial killings and enforced disappearances during Panjab’s militancy years estimated at 6,733. The plea was filed in Dec 2019 by the Punjab Documentation and Advocacy Project (PDAP) and nine victim families. On 11 May, the Central Bureau of Investigation (CBI) submitted before PHHC that investigation into the encounter killings, custodial deaths and illegal cremation of dead bodies in Panjab is ‘not feasible’ and will be a futile exercise. The CBI submitted that ‘the criminal investigation in these matters would not deliver the desired outcome due to paucity of prosecutable evidence in view of facts that the incidents are over three decades old, non-availability of the eye witnesses, difficulty in recalling the facts of the incident by the witnesses due to loss of memory over the period of time.’ Therefore, the initiation of investigation is not feasible as it will be an exercise in futility, resulting in wastage of manpower and government machinery. The reply added the CBI is not denying ‘that families were traumatized’ and many lost the sole breadwinner of the family. The response also cited National Human Rights Commission orders on 11 Nov 2004 and 3 Apr 2012 on compensation to families. Now it is up to Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji who admitted the petition after five years to push for holding the Indian and Panjab govts. responsible for these killings (SDW Vol. 2 Issue 7, Story 3).