NEW DELHI, June 2: Acting on the recommendations of the National Human Rights Commission (NHRC), Punjab Government has paid a compensation of Rs one lakh and fixed Rs 1,500 per month as subsistence allowance to the widow of a 1993 police firing victim.

NHRC sources said that an additional sum of Rs 72,000 towards subsistence allowance for the period from February 1993 to January this year was also paid by the state government.

The Punjab unit of People's Union for Civil Liberties (PUCL) had in its complaint before the NHRC alleged that on January 18, 1993, in the course of the panchayat elections at village Chak Saidokey in Firozepur district, Harjinder Singh, son of Gurbachan Singh, was killed by the rifle shot of police constable Joginder Singh.

The PUCL had also alleged that though a case was registered under Section 304 of the Indian Penal Code, it was not proceeded with and appeared to have been ``hushed up''. The commission on the basis of the complaint made certain recommendations to the Punjab Government for giving compensation and subsistence allowance to the widow of the victim.

In its reply to the commission, Punjab Government indicated that the First Information Report (FIR) filed in the police station Sadar, Jalalabad, was registered on the statement of Harjinder's brother. According to the FIR, as they stood near the polling station, constable Joginder Singh fired in the air to disperse the ``unruly mob'' but unfortunately, Harjinder was hit on his head and died.

``The Deputy Superintendent of Police conducted an inquiry and found constable Joginder Singh innocent as he had fired from his rifle in discharge of his official duty to disperse the mob,'' the government reply stated.

The commission felt that prima facie, the conclusion in the police investigation appeared to be untenable and there should have been a judicial determination as to whether constable Joginder Singh was liable to be punished.

Even if it is felt that the constable fired in discharge of his official duty, he should have used his rifle in such a way that no one was physically injured, the commission said. It added that the state government's report did not indicate any valid order to shoot at the people to disperse the crowd.

Since the firing was intended to be in air, the killing of Harjinder is a clear case of gross negligence for which the constable and the state government should be held responsible, the NHRC remarked.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.