NEW DELHI, India: No Criminal action is possible in the near future against persons in the top Congress (1) leadership Responsible for the 1984 holocaust. This is absolutely from the pace at which the work is progressing with the two member high power committee constituted by the government to investigate the follow up of Misra Commission report and recommend registration of cases where necessary. The Committee is understood to have made no head way in the follow up of Misra Panel report. The term of the Committee expires in’ August. In fact one of the members on the Committee, Mr. AK. Bannerji, a retired I.C:S. of facer criticized! The attitude of Delhi administration which could not find place to house the Committee for two months. Although the tenure of the Committee is expiring in two months, it has not been given a secretary to assist. Mr. Ashok Kapoor, an LA‘S. officer was deputed as secretary but he has not been released by the government. The committee constituted on the recommendation of Justice R.N. Misra who handed Misra Commission report of Nov. , 1984 riots would not be .given the Record and other relevant documents of the Commission. The Union Government has made it clear that the records of Misra Commission would not be made available to it.
In the absence of Misra Commission record which investigated the riots, criminal cases and other issues, the Committee would be extremely handicapped. Mr. Justice MLN. Jain a former judge of the Delhi High Court and a member of the Committee while talking to the Tribune correspondent Harish Gupta did not hide his unhappiness over the way the government is treating the Committee. This is the first Committee which has not yet started functioned. It consists of two members Jain and A.K, Bannerji, a retired ICS. Officer. The two member panel was constituted by the Home department of Delhi administration but it has no legal status. It has no validity in the eyes of law. It can call no directive of the Commission. The administration has asked the Committee to examine whether there were cases of coercion as well as properly investigate cases of arson in Delhi during riots from October 31, 1984 to Nov. 7, 1984 to recommend the registration of Cases wherever necessary to monitor the conduct of the investigation and a follow up on cases Registered prior to its functioning,
It also authorized the Committee to look into any papers related to and give such instructions and advice deemed necessary to police and other authorities relating to registration, investigation and prosecution of cases but nowhere does it mention under which law it has been constituted. The notification makes no mention of the findings of Mishra Commission report. The Committee is, therefore, at a loss to know whether to rely on Misra Panel report or not. It would be embarrassing if the facts come contrary to the findings of Misra Panel. At the same time, claims made by certain Sikh organizations that fresh cases against top Congress (f) leaders would be registered soon are without any basis. These Sikh leaders were referring to the recent communication from Home Minister Buta Singh assuring them that high power committee would recommend registration of cases against top Congress (I) leaders. The truth of the matter is that nothing is likely to materialize in the near future.
Article extracted from this publication >> July 3, 1987