NEW DELHI: The Delhi High Court directed the city Administration to file an affidavit disclosing the number of people killed and the first information reports lodged with the police during the November 1984 riots.

A division bench, comprising Justice B.N Kirpal and Justice C.KL. Chowdhary hearing arguments about the legality of the Jain Banerjee committee constituted to investigate the November 1984 riots also asked the Administration to state in how many cases the magistrate had directed investigations and what happened thereafter.

Expressing concern over the state of affairs of commissions and committees, Justice Kipral observed, “The government often accepts recommendations of such bodies but never implements them. “This is unfortunate” he added.

Resuming his arguments, S.C. Malik the counsel representing the Citizens Justice Committee submitted that under article 239 of the Constitution and section 27 of the Delhi Administration Act the Lt Governor had the authority to exercise his executive power through his subordinate officers, who work under the executive control, direction and supervision of the administrator.

Justifying the legality of the committee, Malik pleaded that the members of the committee were working as agents of the administrator. They were also sending progress reports to the administer a tor so that he could exercise his authority of superintendence.

Malik argued that the committee could entertain new affidavits with fresh allegations referring to omissions of registration of riot cases immediately after Gandhi’s assassination or improper investigation of cases despite proper report having been registered with the police at that time.

The committee could also entertain affidavits referring to omissions on the part of a complaint who somehow could not register his complaint, he said.

The bench is hearing on a day to day basis the petition of a Congress worker, Brahmand Gupta, challenging the Jain Banerjee committee’s order of recommending his prosecution for his alleged involvement in the November 1984 riots.

The committee set up in February 1987 on the recommendation of the Ranganath Mishra Commission had in October, 1987, also recommended the prosecution of the former Congress (I) MP, Sajjan Kumar and other Congress (I) workers in this connection.

 

Article extracted from this publication >>  September 8, 1989