New Delhi: The manner in which at least 32 people were killed in police firing in Haryana’s Panchkula on August 25, 2017 shocked the country. The build-up to the violence was seen by people on television as the BJP government in Haryana allowed a large number of supporters of the Dera Sacha Sauda chief Gurmeet Ram Rahim Singh to gather around a court that was to pronounce its judgment on a rape case against him.When the self-proclaimed godman was found guilty, the Dera followers resorted to violence and the police and paramilitary forces resorted to indiscriminate use of fire on people. The official count of people who were killed in police action is 32 – though Dera followers claim the number is significantly higher. Among the dead were four women and a child. Many of those with bullet injuries were shot on their heads or backs, indicating that the firing was above the waist – suggesting an intent to kill and not disperse the rioting crowd – and that it was directed at people who were fleeing and posed no threat.The firing represented a twin failure on part of the Manohar Lal Khattar government: it did not act in time to prevent the Dera followers from gathering around the court and then allowed firing on innocents, including women and children.However, in the last four and a half years, there was not even a proper probe, let alone take action against those who were responsible for the death of at least 32 people.The National Human Rights Commission (NHRC) took note of the incident and on September 6, 2017, directed the director general of police, Haryana; the commissioner of police of Panchkula and his deputy to take appropriate action.The NHRC closed the case in 2021 saying no further interference was required since the case was before the Punjab and Haryana high court.MHA reply understates Haryana’s casesHowever, the Ministry of Home Affairs (MHA) on March 29 submitted data on complaints of police firing taken up by the NHRC – but made no mention of the deaths in Panchkula.The ministry’s response had come on a query from Biju Janata Dal MP Pinaki Misra and Viduthalai Chiruthaigal Katchi MP Ravikumar D. The two Lok Sabha members had asked for details on the number of cases in which the NHRC received complaints of deaths or injuries caused due to police firing/encounter since 2011; the number of cases in which the NHRC took suo moto cognizance of death or injuries caused due to police firing/encounter since 2011; and the details of actions which the NHRC is mandated to take on the complaints received or registered suo moto regarding deaths or injuries caused due to police firing/encounter.In its response, the ministry provided year-wise data for all states and Union Territories, along with three annexures.One was a statement showing deaths in police firing for the period from April 1, 2011 to February 28, 2022. Against the column for Haryana and under FY 2017-18, the data showed just “2” cases. Similarly, it showed just 4 deaths in police encounter during the year in Haryana.The third showed that the NHRC did not take suo muto cognizance of any cases of death due to police firing during 2017-18.From the annexures, it was clear that there was no reference anywhere to what happened in Panchkula on August 25, 2017.All 32 killed died of gunshot woundsA look at the media coverage in the aftermath of the violence indicates how brutal the police action was.A couple of days after the shooting, a New Indian Express report said that all 32 people who were killed had died due to firing by security forces. The report had noted that the post mortem done on the deceased had confirmed that they all had bullet injuries. Moreover, these people were shot either in the head, in the chest or in the back. Additionally, 267 people sustained bullet wounds.The report had quoted Dr Sunil Ghambir, senior medical officer (SMO) of a Panchkula hospital, where a team of doctors had performed the autopsies, as saying:“All the persons who died lost their lives to gunshot wounds — most on the upper part of their bodies and few in the back. We cannot tell how many were shot in the head, chest and back, but all of them died to bullet shots.’’Another news report had highlighted that the bullets were fired from INSAS rifles that are used by paramilitary forces or self-loading rifles (SLRs) that are used by Haryana police.This report added that some of the bullets recovered during post-mortem had been sealed by the Panchkula Civil Hospital doctors so that they could be sent for forensic examination to the lab at Madhuban.Dera claimed toll was much higherFollowing the violence, the followers of the Dera had filed a petition in the Punjab and Haryana high court in March 2018 in which they had claimed that the actual death toll was much higher. The eight petitioners had claimed that 200 Dera followers were killed in Haryana police action during the violence. They also accused the Haryana government of not issuing death certificates to the families of the deceased in order to hide the actual death toll.The petition had stated that while the Haryana police had enough time to remove the Dera followers peacefully before the court delivered its judgment, it had remained a silent spectator till the time “some anti-social elements incited violence”.The report had also quoted then Haryana health minister Anil Vij as saying that the government has “decided to issue death certificates to those whose post mortem was conducted in government hospitals and have valid post mortem reports.” This indicated that six months after the firing, even death certificates had not been issued to the next of kin of all deceased.NHRC abruptly closed the case As for the NHRC probe into the case, it ended abruptly in February 2021 when the commission said no further interference was required since the case was “already sub judice before the Punjab and Haryana high court”. It also did not give any directions to the government to compensate the families of those who were killed.Withdrawing itself from the case, the NHRC said that a special investigation team (SIT), headed by the DGP (Crime), was looking into the matter in compliance with the Punjab and Haryana HC order. It also recorded that “it can also be observed that in this matter the High Court is also considering the question as in what situations should the police and law enforcing agencies use full force, and when should minimum force with rubber bullets, water cannons etc. should be used”.Did NHRC perform its role?However, the MHA reply in Lok Sabha has raised questions on whether the NHRC performed the role it was supposed to.In his reply on March 29, MoS Home had stated: “In the complaints of death in police firing/death in police encounter and also in cases of suo moto cognizance taken by the NHRC, action is taken by the Commission as per the provisions laid down under the Protection of Human Rights Act, 1993 as well as under NHRC (Procedure) Regulations, 1994 as amended from time to time.”He had gone on to add that “when the enquiry into the cases discloses violation of human rights, the Commission recommends payment of monetary relief to the Next of Kin (NoK) of the deceased and prosecution / disciplinary action against the erring public servants. Action against the erring public servant is to be taken by the respective authorities as per extant rules, procedures, etc.”The NHRC closed the case at its end without establishing if there was a violation of human rights in the killing of 32 people. It also did not order any monetary relief to the next of kin of the deceased or recommend any prosecution or disciplinary action against the erring public servants.
