NEW DELHI: The nine-member panel constituted by the newly elected Bharatiya Janata Party (BJP) government in Delhi is reported to have recommended immediate police action against some senior Congress (D) leaders who had been indicted for their complicity in the November 1984 riots by the Jain-Agrawal Committee.

Among other things the panel is reported to have recommended that Congress MP Sajjan Kumar be tried for murder a charge for which the Governments permission for prosecuting him was not required.

The committee headed by Justice (retired) R.S.Marula will submit its report to the Chief Minister Madan Lal Khurana on Jan.11 evening

The committee has taken strong objection to what it described as noncompliance of recommendations of the officially-appointed Jain Agrawal Committee which had asked for registration of 29 police cases against “erring persons” including former Union Minister and Delhi Congress (I) president H.K.I.Bhagat and  Congress MP. Sajan Kumar.  

 According to sources the committee has recommended that the Congress Leader and Sujan Kumar be charged with murder under Section 302 of IPC rather than for obstructing public servants from controlling rots under Section 152 as per the complaints against him. This would obviate the need for Home Ministry’s permission for prosecuting him the panel alleged that the Home Ministry had been sitting on application of the Central Bureau of Investigation (CBI) to file a charge-sheet and initiate trial against Sajjan Kumar since November 1992.

The committee however has made no reference to Union Surface Transport Minister Jagdish Tyler against whom several riot victims had submitted affidavits alleging his involvement in the riots on the plea that there was no evidence in his connection.

The 50-page report has made 12 concrete recommendations which among other things call for severe action against 72 police officials for their alleged involvement in the Delhi riots.

The report also refers to the findings of various committees and commissions on the riots which included the Ranganath Misra Commission the Jain-Agrawal Committee and the Kusum Lata Mittal Committee. It has taken exception to the manner in which some Congress (I) leaders were exonerated of their complicity in the riots by the Ranganath Misra commission sources said.

 Examining the official report prepared by retired secretary of the Union Government Kusum Lala Mittal three years ago the panel observed that none of its recommendations had been implemented. It had probed the role of Delhi police and recommended action against 72 police officials including an additional commissioner of police the action recommended varied from disciplinary action to dismissal.

 The panel’s reports say that the Governments at on this report till 1992 but suddenly swung into action when the Punjab elections were announced. The Government prepared charge sheets against the erring police officials who later made a vain bid to secure stay from the High

Court and Central Administrative Tribunal (CAT) in this connection the report says. Despite rejection on their pleas no action was taken against the police officials it pointed out.

The panel has recommended that a police officer of proven integrity and at least of the rank of DIG from another State should be asked to inquire into the charges against police officials and action be taken against them in accordance with his recommendations The committee has also taken a serious note of the winding up of the inquiry Commission headed by J.D. Jain a retired judge and D.K.Aggrawal a retired director general of police half-way through its work The Commission was yet to finish its assigned task the committee said and demanded it immediate revival.

Article extracted from this publication >> January 14, 1994