| Justice M.S. Liberhan, head of the one-man commission inquiring into the events leading to the demolition of Babri Masjid in Ayodhya in December 1992, several years after his retirement, still operates from his office in Vigyan Bhavan with a skeletal staff, old computers and a creaking photo copier. Is anyone interested in his report any longer?
In its 15th year of existence, the commission received its 15th extension. After 350 sittings and testimony of 200 witnesses, including two prime ministers, a deputy prime minister, several chief ministers and Union ministers, Liberhan has not yet been able to table a definitive report.
The bjp feels the upa Government "cannot hide the truth" by prolonging the commission's term, while others think it may be a deliberate move to let the report coincide with the Assembly elections in Uttar Pradesh. Congress spokesman Satyavrat Chaturvedi says, "The nda did little to hasten the process so it has little to complain about." The net result is the same. Justice Liberhan is still labouring after having spent close to Rs 6.3 crore of the taxpayers' money. The commission's lone counsel Anupam Gupta says the inordinate delay in presenting the report "would be explained in detail in the report itself".
None of the other commissions set up in the past has taken so long.
The Justice Shah Commission on the Emergency took less than a year (November 1977-August 1978), Justice Thakker Commission on Indira Gandhi's assassination slightly more than a year (November 1984-February 1986), Justice J.S. Verma Commission on Rajiv Gandhi's assassination nine months (May 1991-January 1992) and Justice D.P.
Wadhwa Commission probing Staines' murder took little over six months (January 1999-August 1999).
Commissions are formed under the Commission of Inquiry (coi) Act , 1952, to investigate corruption in high places. But since Shah, inquiry commissions have become a political tool to delay and procrastinate. The Tehelka Commission, headed by Justice Venkataswami and later by Justice Phukan, and Justice Srikrishna Commission on Mumbai riots are the most glaring instances. Justice R.K. Jain took seven years to compile his 3,000 page tome on Rajiv Gandhi assassination which was never tabled but brought down the Gujral government.
The Supreme Court pointed out in 2003 that "Commissions of Inquiry have no teeth, take too long, and lack follow-up due to political considerations". Some of the shortcomings of the coi Act are glaring.
It doesn't have the power to issue non-bailable warrants even if a witness refuses to appear before it and punish when a contempt of court has been committed.
There are at least 30 commissions in existence in the country today, inquiring into everything from nursery admissions to fire tragedies and land scams but they are in effect cold burners handling hot issues in the absence of tight time frames. Only timely submission of reports and strict adherence to their findings and orders will maintain the sanctity of the coi Act. Index |
