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Errors of commission

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  • It is time to ensure that judicial time and talent do not go waste by amending the act to make the findings of a commission of inquiry binding on the government that set it up. If, at all, the government is serious, it should declare at the time of setting up the commission that it would accept the report and act upon it. The legislation should be amended and brought on line with the Truth Commission in South Africa and similar laws in other countries, which make the findings of the commission binding on the government. The power to commit for contempt must be invested in the commission to prevent it from being reduced to a joke by the powerful.

    Establishing of a commission of inquiry must be an honest effort to discover what went wrong with a view to remedy the situation and learn lessons to avoid similar events in the future. The facts brought to light must result in appropriate action against persons in a court of law and immediate implementation of administrative measures to rectify the lapses highlighted. Above all, there must be political will to act, and act firmly and decisively, without fear or favour. Absent such will, the quest for truth by a commission of inquiry will be the quest for the Golden Fleece sans Jason and sans the Argonauts!

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    The writer, a retired judge of the Supreme Court, headed a commission to inquire into the riots in Mumbai during December 1992-January 1993express@expressindia.com

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    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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