Friday, November 13, 2009

COMMISSIONS & OMISSIONS

Every time riots erupt governments set up commissions of inquiry, which often take years to submit their reports. But neither are they ever made public, nor are the culprits punished. Raju Kumar on the politics of setting up probe panels

The stock response of Indian governments to a riot or scam is to set up an inquiry commission, which dutifully submits its report – and the governments, equally dutifully, sit on them till the matter is all but forgotten. If these commissions help anyone, it is the retired judges who find employment. Also, mostly there is no time frame; and if there is it is ignored by commission heads who consider themselves at liberty to stretch the probe for as long as they need the job. Indeed an entire new establishment is created at the taxpayers’ expense. And the outcome, as all know, is generally zero. Under political and other pressures the probe panels’ recommendations are willfully pushed under the carpet, and the punishments doled out are obscenely disproportionate to the crimes committed.

The Liberhan Commission, set up on December 16, 1992 under the chairmanship of Justice MS Liberhan to probe the demolition of the Babri Mosque in Ayodhya, was told to submit its report within three months. But the duration was extended 48 times, and the report was finally presented only last month – after 17 years of investigation. The demolition of the Babri Mosque had provoked communal riots not only in India, but also Pakistan and Bangladesh, claiming hundreds of lives. But ruling governments suppressed the reports, saying these were of dubious value. In the case of the Liberhan Commission too, indications are that the government will take no action, even though the report contains the names of some prominent BJP leaders. There will also be no surprise if the report is not tabled in Parliament. Remember the Srikrishna Commission report? Or the one on the anti-Sikh riots of 1984? As for the victims, most know that the recommendations will not be implemented – the main reason why such probes evoke so little public interest.

The Congress condemned the report of the Justice GT Nanawati Commission set up by the Gujarat government to probe the 2002 pogrom. The UC Banerjee Commission constituted by Lalu Prasad Yadav was declared biased by the Bharatiya Janata Party. So just who is speaking the truth and who could be lying? According to the Nanawati Commission the fire that had broken out in the Sabarmati Express at Godhra station was pre-planned, while the Banerjee Commission described it as an accident.

Over 1,500 people were killed and 1,829 injured in the Mumbai riots of December 1992 and January 1993. Yet even though the Srikrishna Commission submitted its report in 1998 the victims are still to get justice. The Shiv Sena government first tried to shelve the report; then, playing the communal card, it proceeded to malign the upright judge.

In the Nellie massacre of Assam that took place in February 18, 1983 some 1,800 allegedly illegal migrant Muslims were killed. (Unofficial figures had put the toll at 3,300). The Tribhuvan Prasad Tiwari Commission that was set up a year later to probe the carnage put the death toll at 661, and said only 143 of them were eventually identified. The relief offered was a paltry Rs 5,000 per victim, Rs 5,000 each for reconstructing the destroyed houses and Rs 500 each for the families that lost their milch cattle. Yet while 688 cases were filed at the Jagiroad police station, all were finally dropped and no arrests were ever made. The specious argument offered was that this would raise tensions further.

On April 1, 1993 Bhatkal Taluk in the Uttara Kannada district had flared up following rumours that stones were hurled at the chariot procession during Ramnavami. Periodic riots continued over the next six months. The Justice Kedambady Jagannath Shetty Commission set up to probe the disturbances made 17 recommendations in 1997, and said Dawood Ibrahim had played a role in fomenting them. Yet what happened? The Justice Nanawati Commission that probed the anti-Sikh riots of 1984 was set up after the government found itself under pressure from civil society to nail the culprits. Constituted on May 8, 2000, and a successor of the Justice Rangnath Commission, it had come out with damaging revelations against Congress leaders like Jagdish Tytler and Sajjan Kumar. But the CBI gave clean chits to both just before the last parliamentary elections. Indeed, even the Congress thought nothing about giving tickets to them. It was only after the Sikh community protested that they were dumped. And of course none of the culprits has been penalised so far.

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Source :
IIPM Editorial, 2009


An IIPM and Professor Arindam Chaudhuri (Renowned Management Guru and Economist) Initiative



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