Liberhan panel report has lost relevance

By M. Gautham Machaiah
Bangalore

The Liberhan commission, appointed in 1992 to probe the demolition of Babri Masjid has finally submitted its report to the Prime Minister, after over 16 years.

At the time of its appointment, the commission was given a time frame of three months to submit the report. Little did any one imagine that it would seek one extension after another, 48 to be precise, and drag the inquiry for 16 long years.

Whatever the justification of the commission for this undue delay, the end result is that the report has lost its relevance and will serve no purpose, except to stoke old flames. At best, it can be a stick in the hands of the Congress to attack the Sangh Parivar.

The term of the Liberhan commission is the longest in the history of India. But there is hardly any other judicial commission in the country which has submitted its report within the stipulated time. It has become a norm for commissions to seek innumerable extensions, and by the time they submit their report the very reason for which they were set up becomes irrelevant.

Union Law Minister Veerappa Moily who has promised a plethora of sweeping changes in the first 100 days in office, should immediately focus his attention of the Commissions of Inquiry Act, 1952, under which judicial commissions are appointed.

Today, a judicial commission is seen as a handy tool for politicians to brush contentious issues under the carpet. The reports of these commissions are not worth the paper on which they are printed because they are not binding on the government, which can summarily reject unpalatable findings. Besides, judicial commissions have no power to punish the guilty.

From the point of view of judges, a judicial commission is seen as an avenue for permanent appointment. It is said soldiers never die, they just fade away. But in the case of judges, they never retire, they always get appointed to a commission.

(Pictute sourced from: www.judiciaryreport.com)

COMMENTS

(This article was also posted on MSN. Some of the responses received are reproduced below)

I wonder what would have happened if the retired judge had died in harness. As for the findings, may be there will be a serious public debate. It should be, so that young people can refocus on what is happening to their democracy which is being hijacked by old hooligans.
-Kulamarva Balakrishna, Vienna

The report has outlived its utility. There is no issue now for the BJP or the secularists. The report could spell bad news for the Congress as it may bring back Kalyan Singh and Uma Bharati back to the BJP fold.
-Sanjay, New Delhi

I agree with what you have written. In India, no heavy weight politician has ever been convicted even if he has violating the law of the land. The worst part is that after the Liberhan commission report was presented to the Prime Minister, Uma Bharti was quick to own responsibility to brighten her lost political career. Such political terrorism is common in India. We have commissions, more commissions and yet more commissions and no one is hurt except the reputation of the commission itself.
-Hamzah, Kashmir

The Liberhan Commission could not have gone on for another five years; its report had to come and eventually buried in the pages of history as with all such judicial commission reports. The Congress thought this to be the best time to do it. More than the Congress, it is the BJP which would have drawn more electoral advantage if it were to come say six months ago.

Even now, if the Congress government acts against the BJP leaders, it will revive all past memories and create a communal divide. The issue of Ram Mandir may have got buried under the present day issues of downturn in the economy, job losses, rise in food prices etc., but that issue will remain most emotive to millions of Hindus who believe this to be the birth place of Lord Ram where a mosque was constructed by the invaders, like it was done at the birth place of Lord Krishna in Mathura.

Any spark will ignite flames again. It will be good for the UPA government to quickly get over the formalities of putting this report where it belongs and not to attempt to use it for electoral advantages now or any time in the future. It will only be a loser in the game.
-H.P. Narang, New Delhi

Inquiry Commissions serve as safety valves for every government to diffuse the immediate crisis. No action follows in the aftermath of these inquiries. The members of these commissions enjoy unlimited favours for doing little or nothing. The Commissions of Inquiry Act, 1952, is unnecessary as these inquiries should be undertaken by agencies which should be independent of any government. These agencies should be empowered with all judicial levers. The Act should be scrapped.
-Naim Naqvi, Amroha

There should be a relevant debate on a seemingly irrelevant report.
-Dr. A.K Tewari, Allahabad

It is high time that we put communal agents like LK Advani, Uma Bharati, Kalyan Singh, Manmohan Joshi, Narendra Modi in the jail forever till they die. Organisations like the Bajrang Dal, Viswa Hindu Parshad. Indian Muslim League and several other communal organisations should be banned and their leaders should be put in jail. Nobody should be allowed to collect votes in the name of religion which has been misused by our political leaders. Varun Gandhi and Maneka Gandhi should be expelled from the Lok Sabha for inciting communal passions.
-Feroze Katrak, Mumbai