Inquiry commission is a tool to fool people and foil the judicial process of a controversy. India has witnessed hundreds of inquiry commissions, their reports and no results. It is the worst kind of political game played in India.
THE ORIGIN of the phenomenon of ‘inquiry commission’ has its roots deep buried in the legal system of British Raj. If we look into retrospect, we find that except some minor incidents of local confusions and misunderstanding there were no communal riots during the Moghul period. The riots, as we witness today, are the product of ‘divide and rule’ policy of Britishers.
They re-wrote and fabricated the Indian history to distort the facts and sow the dragon’s teeth and create enmity between Hindus and Muslims. Even at the height of Mutiny in 1857, the last Moghul Emperor Bhahdur Shah Zafar had risked his life and went himself to Delhi Hindus to assuage their wounded feelings when the Wahabbi Commander Bakht Khan, who had come from Barely, slaughtered the prohibited animal.
Cow slaughter was banned in Moghul Empire. Having failed to create the wider rift between Hindus and Muslims, the British rulers designed an Act known as ‘Public Service inquiry Act 1850’. The Congress government followed that act and sometimes used ad-hoc and temporary legislations till 1952 as and when situation arose.
To meet the public demand for impartial and judicial inquiries ‘Commission of Inquiry Act’ came into being in 1952. Since its inception, the act has become a tool for consecutive governments to defer any precipitated action and subside the public anger. More than one hundred inquiry commissions have been set up since then and literally no purpose did they serve. This Act has sprung up a toothless tiger, which is less effective than a jackal in the turbulent scenario of Indian Democracy.
The provisions enshrined in this Act are not deterrent in nature and have no power whatsoever even to compel a person to ‘adduce’ before it and give evidence. It can’t pass verdicts or judgments, which could be enforceable. It is pathetic to learn that even if an offence is committed in the presence of commission, it can’t take any direct action. The commission needs to forward the case to the Magistrate for trial as provided by Criminal Procedure Court. Most of the commissions are set up under retired judges. The appointment of retired judges, as head of the commission suits to every government. It is not also oblivious to the fact that public understands these appointments as ‘post retirement placement schemes’ for the favourite retired judges.
Have you ever seen any follow up action? The astronomical amounts squandered on these commissions to sponsor these futile exercises are unjustified and undue strain on public exchequer. Let the readers recall that more than ten commissions and committees were set up with regard to the anti-Sikh riots in Delhi after the assassination of Indra Gandhi. Has any prominent leaders been punished.
Justice BN Kirpal Commission of Inquiry was set up on July 13, 1985 to probe Air India Flight -182 disaster in which the plane crashed into the Atlantic Ocean with 329 passengers and none was left alive. The members of the commission enjoyed the hospitalities of Canada and US governments in the process of probe and could perceive nothing in the end. Needless to say the entire exercise went in vane.
An inquiry commission was set up under Justice Phukan to investigate the ‘fictitious defense deals’, which were exposed by ‘Tehelka’. Everyone saw the tapes on TV and the then government deflected the legal course by constituting the inquiry commission. The members of the commission enjoyed the hospitality of IAF as its plane took them to visit Shridhi, Pune and Bombay. The next government later claimed that plane was made available in order to influence the Judge. These commission are the smoke screen to hide the inefficiency and ineptness of government.
Had Agatha Christi been alive she would have written a novel on every inquiry.
I am deliberately not including Hindu Muslim riots in this article as it would open more wounds and that is not the purpose of this scribe. The cacophony about the report of the destruction of Babri Masjid would die down its own death, as it’s a ploy of Congress to beat the already wounded BJP. May I ask Sonia Ji and our able PM Dr Manmohan Singh, why nothing has been done about ‘Sri Krishna Inquiry Commission Report’? It is worst kind of hypocrisy played in the name of Secular India.
