Neeraj Rohmetra
Jammu, Apr 23: As a sequel to the directions of Apex Court to the One-man Commission of Inquiry (CoI) probing Kishtwar riots to submit its report within three months, the panel has geared up its working and shall be issuing fresh summons to nearly 100 persons, who were witness to the violence in the district.
Reliable sources said, “the process of issuing fresh summons would be started from the next week and nearly 100 persons are likely to be cross-examined. The working of the Commission, which is being headed by Justice (Retired) R C Gandhi was hampered due to on-going Parliamentary polls, but all leads concerning the Kishtwar violence are not being pursued”.
“Most of these persons were eye-witness to the communal clashes in Kishtwar last year and the Police Department has also been instructed to apprehend few others, who have been absconding ever since violence rocked the district last year. Efforts are also being made to interact with various social and political organisations of the district, which had deliberated with the all-party delegation that visited Kishtwar on August 20, last year”, sources added.
On April 7, the Supreme Court Bench headed by Chief Justice P Sathasivam had directed the State Government to ensure proper investigation of all cases arising out of communal clashes and asked the Commission of Inquiry set up by the State Government to submit its report on the incident within three months.
“We request the Commission to complete its enquiry as early as possible, preferably, within a period of three months from today. The Government will naturally be duty bound to take a necessary and consequential steps on the basis of the said report as would be mandate in law”, the Apex Court had stated in its judgement.
Elaborating over the working of the One-man Commission sources said, “the panel has already cross-examined the Duty Magistrate and the Zonal police officials of the area. Nearly 20 persons from Paddar area, which also witnessed violence, have also been questioned”.
“The working of the Commission had also suffered in view of the fact that several key witnesses were either behind the bars or were absconding. In several cases, the Commission had issued resummons but failed to get any response from witnesses”, sources asserted.
Justice Gandhi, who heads the One-man Commission of Inquiry (CoI), when contacted said, “we are keen to conclude the Inquiry as early as possible and fresh summons are being issued to nearly 100 persons, who witnessed the violence in the district”.
Pertinently the Commission of Inquiry had been constituted on August 23, 2013 to enquire into the incident of violence and arson that took place on August 9, 2013 in Kishtwar. The Commission had submitted only an interim report in December 2013 after recording the statements of more than 350 locals of Kishtwar and Padder.
The Commission had given clean chit to the Minister of State for Home, Sajjad Ahmad Kitchloo, who had resigned from the Ministry in the wake of allegation of his involvement in riots by the Opposition. Immediately after his exoneration by the Commission in its interim report, Kitchloo was re-inducted as a Minister in the State Government on same portfolio.
Chief Minister, Omar Abdullah while responding to a question in the Budget session of Legislative Assembly on February 27, this year had admitted that despite lapse of six months since its constitution, the Commission had failed to submit its final report and missed another deadline. He had also stated that Government had not received the final report and was considering the interim findings received from the Commission.
Earlier, in its 160 pages interim report the Judicial Commission had also held the then senior civil and police officers of the rank of Deputy Commissioner and SSP, all Magistrates and lower rank officers responsible for not being visible on the ground leading to spread of violence.
Chief Minister, Omar Abdullah had announced Judicial Inquiry into Kishtwar violence on August 12, last year after Mr Kitchloo had submitted his resignation. However, the Government had named Justice (Retired) RC Gandhi as One-man Inquiry Commission on August 24.
The terms of reference for Justice Gandhi Commission included enquiring into the circumstances which led to the violence and arson and the consequent loss of life and property in district Kishtwar, administrative lapses, if any, while handling the situation; and fix the responsibility of the persons, involved in acts of violence, arson and the loss of life and property.
The Government had asked the Commission to perform all the functions necessary for holding of the inquiry or incidental thereto and submit its report to the Government within a period of one month from the date of issue of the notification. However, the tenure of the Commission continued to be extended after every one month.
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