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Errors of commission

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  • There needs to be a change in mindset. A commission of inquiry is not a substitute for a debate on the floor of the legislature on any important public issue. The attempt of governments to deflect public opinion and questions in the legislature by raising the bogus plea of the issue being sub-judice before the commission needs to be deprecated.

    Nothing prevents the government from entrusting such inquiries to bureaucrats, but their credibility today is very low. If, willy-nilly, a judge has to be appointed, the choice of such appointment must always lie with the chief justice who, presumably, does not toe the line of the government. Having appointed the commission in all seriousness, the government must treat it with the same sense of urgency as an agency doing firefighting. All material sought must be made immediately available without any reservation, deferring to his discretion in the matter of privilege. Considering the end result to be achieved, the commission must restrict representation before it only to such persons as it thinks are absolutely necessary to unravel and discern the truth. Short shrift must be given to publicity hunters and peddlers of political pedagoguery. Cross-examination should be pruned to the irreducible minimum commensurate with the demands of natural justice. The judge must at all times be in the driving seat of proceedings and determine their speed and direction. He must brook neither interference nor interruption, using fully the powers under the act to summon and enforce attendance of all persons deemed necessary, however high and mighty they be.

    ... contd.

    PreviousNext1234
    Falling on deaf ears!!?By: Vandana | 03-Jul-2009 Reply | Forward The article was so good.Seriously the country is in dire need of reforms and changes in all sectors which involve the legislature itself. The commissions' reports are reduced to mere jokes. I was surprised when Justice Liberhan was saying again and again how free a man he is now..as if he had been under the political knife for the past so many years...clearly he was and so were others...and who knows all the work could again go down the drain...the UPA govt..or the congress to be precise doesnt have a very good record of implementing the enquiry committees' recommendations and enforcing into laws...We can just hope that the perpetrators of civil riots and sectarianism in India are punished to the core.By manipulating the working of the committees, the govt. is playing with the emotions of the people of India..people cannot be befooled for long..the govt. must take action if it doesn't want to see anothr civil riot eruptin in the country due to its own negligence towards bringin justice
    Hang LiberhanBy: Girija Shanker | 02-Jul-2009 Reply | Forward Frankly anybody who is capable of discussing and analyzing a particularly issue or problem for such a long time with - of course - no results has to be a great scientist or a parasite for govt funds that are released for such meetings. With Mr. Liberhan, I'll settle for latter without much thought. Clearly in any other country this wouldn't have happened and even if it did - by a freak incident - this person would have simply sent to gallows to rot for rest of his life. But of course, we're in India - the motherhood of all bureaucrazy.
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