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Liberhan Commission Report On Babri Masjid

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Liberhan Commission Report on Babri Masjid

Justice M.S. Liberhan Commission of Enquiry submitted its report on demolition of


Babri Masjid on 6th December 1992. Selective leakages and thereafter extracts of the
report have been published by the media. The commission was set up within ten days of
the event on 16th December 1992 and has outlasted any other commission perhaps going
into Guinness Book of Records! 48 extensions and 17 years time frame was designed to
test the patience of the people. Not that anyone really cares for what the report says, but it
speaks volumes about what is not there in the report perhaps.

1. When observations have been made with references to Atal Behari Vajpayee, who
was not present at the site, why he was not summoned for any clarifications or
information? It is unjust to drag his name without giving him an opportunity to
tell the truth.
2. Why is there no reference to P.V.Narsimha Rao, then the Prime Minister, who
reportedly went to sleep when the Babri Masjid was being demolished? Wasn’t
the Union home minister having any responsibility and role to safeguard the
structure? Didn’t home ministry have any intelligence reports on intentions of
karsevaks if there was a conspiracy?
3. Why the commission was given 17 long years and 48 extensions to come out with
a report only at a politically convenient time to suit the Congress and just when
BJP is at nadir of its fortune?
4. The final outcome of commission’s findings is released only when they become
irrelevant. Or, perhaps this time the commission was not to be given extension
due to austerity measures (sick) and was forced to submit winding up report?
5. Why was there a deliberate leakage of the report when it was only with the home
minister? And predictably there was some call for setting up another commission
of enquiry on this leakage!
6. Why public money is being wasted on such political tools to fool the public?
7. Now Liberhan Commission Report is handed over to CBI as proof to proceed
further in prosecution. Is CBI itself not mandated and competent enough to
investigate & find out what happened and who is the culprit? Has the
government “outsourced” the fact finding & investigative task to Liberhan
Commission taking it away from CBI?
8. Didn’t some one say justice delayed is justice denied? Is this “Pseudo justice”?

Safety Valves:

The commissions of enquiries have been always used to cool off the public anger and to
let the time take care of the issues involved. It is only an escape valve to let off the steam.
Commissions of enquiry have been set up in the past by states and the centre whenever
there have public disturbances, riots or violence of unusual nature. A retired judge is
appointed as chairman of the commission to give a sense of impartiality and sound
analysis but not the judgment. With a report from a retired judge the government acquires
a moral high ground to deal with opposition. Most of such cases could have been dealt
with by CBI which has the necessary mandate and specialization for investigation.

Strengthen CBI:

When there is a need to have a fact finding mission about an event, invariably there is a
court case and the matter is sub-judice. The prosecution (or the government) needs to
gather evidences and supporting witnesses to present the case to the court. The
government should therefore leave the matter to the investigative agencies and not find a
substitute like a retired judge. If required, CBI should hire a retired judge to do the work
and submit the findings just like they would hire a sleuth. CBI should have enough teeth
without political interference to investigate the matter. Does CBI have authority to reject
the findings of a commission and trust its own assessment?

At least CBI would not have taken 17 years to present a report of their findings.

More Senas and Dals:

There are many Senas and Dals of different hues and shades all over the country which
are the fronts for political parties to engineer public unrests. Be it problems in Godhra,
Goa, Mangalore, Mumbai, or Orissa the state governments set up commissions of enquiry
and perhaps no one knows what happens to them. When inconvenient the Centre appoints
another commission, like Laloo Prasad Yadav did to get contrasting report on Godhra.

One lesson from appointing such commissions is that we should be ready for tackling
more of such public disturbances. Today we have separate National Investigative Agency
for terror related cases. CBI now focuses on corruption and criminal cases. Why can’t
we have an independent agency or a wing under CBI exclusively for politically
triggered public disturbances? Possibly such cases will be more in numbers and
more frequent than terror events. In such cases generally there will be a political
pressure to submit report before the next session of the assembly or parliament. At least
there will be a reasonable time frame for investigation and lesser waste of public money.

As far as the utility of the Liberhan Commission report is concerned the government
should reflect on what administrative steps should be taken to make it more responsive in
future. But the simple facts stand out like Congress first opened the doors of Ayodhya
site for limited worship. That was the first mistake. Then Congress at the Centre slept
when the structure was being demolished. That was second mistake. The Liberhan
Commission was allowed 48 extensions because of which it was robbed of legitimacy as
well as seriousness was the third one. And the report was leaked before being tabled in
the parliament was the fourth one. Well, it is not that BJP has done nothing wrong. But
Congress in power could have done much more by being proactive instead of passive
player & a mute witness and now trying to rewrite the history to project itself as the
savior of secularism.
I hope the parliamentary debate focuses on how to deal with similar situations in future to
avoid fiasco.

Vijay M. Deshpande
Corporate Advisor,
Strategic Management Initiative,
Pune

November 27, 2009

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