People's Democracy

MAHARASHTRA

CPI(M) Movement For Implementation

Of SriKrishna Commission Report

P R Krishnan

THIS is the third INC-NCP coalition government at the helm of affairs in Maharashtra after the SriKrishna Commission submitted its report. Both the Congress and the NCP have just not cared to fulfill their electoral promises of implementing the report. It was the Vilasrao Deshmukh government first, then the Sushikumar Shinde government and now once again the Vilasrao Deshmukh government which is guilty. This has created serious doubts in the minds of the secular forces in the state and the people who voted these parties to power have started questioning the credibility of these parties.

In this background the agitated secular forces of the state have once again come on to the streets in a massive way throughout Maharashtra demanding implementation of the report. The CPI(M) is in the forefront of this agitation. In the month of August it held dharnas across the state on this issue. On August 17, a massive demonstration was held in the historic Azad Maidan grounds in which the speakers attacked the state government for going back on its promise. Later a CPI(M) delegation met the deputy chief minister and home minister R R Patil and submitted a memorandum reiterating the Party's demand for immediate implementation of the Srikrishna Commission report.

Let us recount briefly the background. In the wake of the horrendous communal riots after demolition of Babri Masjid during December 1992 and January 1993, the SriKrishna Commission of Enquiry came to be appointed in January 1993 by the then Congress government of Maharashtra. This was the period when the Congress was ruling at the centre also. The original terms of reference to the commission were confined to the widespread communal riots of December 1992 and January 1993. Two months after these riots, came the serial bomb blasts on March 12, 1993.

There were sweeping changes in the elections held after Babri Masjid demolition, Mumbai riots and the serial bomb blasts. The Congress was ousted from power both at the centre and in several states, including Maharashtra. The Shiv Sena-BJP government which assumed office in the state took advantage of this situation. It began conspiring to demolish the commission. Although the Srikrishna Commission had painstakingly worked for three years, the Shiv Sena-BJP government announced its scrapping on January 23, 1996. That day happened to be the birthday of the Shiva Sena chief, Bal Thackeray. That the Sena-BJP government was so blatant about its decision that it thought it fit to describe it as a birthday gift to Sena chief.

This action not only infuriated the progressive people of Maharashtra but the entire secular conscience of India. The progressive people rose in protest against this action of the state government. Consequently the Sena-BJP government was compelled to retreat and after four months, on on May 28, 1996, the commission was restored. However the government added the bomb blasts issue as an additional term of reference and enlarged the scope of the enquiry. The Sena-BJP government as before adopted a totally non-cooperative attitude to the functioning of the commission. It was but for the courage and wisdom of Justice Srikrishna that the commission could successfully proceed with the enquiry work. Even then it took five years for it to submit its final report to the government on February 16, 1998.

Once the report is submitted, it is mandatory for the government to place it before the state legislature within a period of six months. It is also necessary for the government to submit an explanatory statement showing what action has been taken on the report. But despite persistent demands from the secular parties, organisations, citizens groups and the then opposition Congress party in the state assembly, the state government simply kept the report in cold storage. The reason being the fear that the disclosure made in the report about the heinous acts of Sangh Parivar would turn out to be harmful not only to their existence but also to the Vajpayee-led NDA government at the centre. Despite repeated demands from all quarters for placing the report on the floor of the assembly, both the governments kept mum.

However, in order to escape from the clutches of law and legal technicalities, the government finally placed the report before the legislature on August 6, 1998. This was just six days before the expiry of the statutory period of six months. And importantly by that time the monsoon session of parliament was over.

COMMISSION'S WORK

The Srikrishna Commission had issued public notices in news papers calling for submitting information by the affected and interested parties, persons and organisations. Consequently, it received 2126 affidavits explaining the circumstances and the situation during the riots. Of these affidavits, two were by the state government, 549 were from the police department and 1575 were from different sections of people and citizens groups. This was, as stated above, relating to the December 1992 and January 1993 communal flare ups and riots.

With regards to the March 12, 1993 serial Bomb Blasts, the commission received just nine affidavits. One amongst the nine was from the government, six were from the police and two were from citizens groups.

During the enquiry, the commission examined 502 witnesses. Evidential depositions of these witnesses comprised of 9655 pages. Relevant documents connected with the riots exhibited on records were 2903 and comprised of 15,000 pages.

The commission issued 536 orders to different authorities, agencies, groups, organisations and political parties calling upon them to express themselves in this regard. Consequently 10 organisations and political parties filed their written statements.

A very important feature of the enquiry was that the commission thought it necessary to appoint experts and expert committees to render assistance. The famous Tata Institute of Social Sciences was one such agency. The other one was a committee of retired senior police officers. The terms of reference to the Tata Institute of Social Sciences were to investigate and examine the political, social, economic and other reasons and grounds for the riots. While the terms of reference to the committee of retired police officers were to examine the efficiency of police force in tackling riot situations. It need not be said that it was a herculean task for the commission to examine and study such voluminous heaps of documents, records, submissions, statements and representations.

COMMISSION FINDINGS

The commission in its wisdom made the report in two parts, both in English and in Marathi. The printed Marathi version is of 216 pages. In the first 45 pages of it, the commission has analysed eight major aspects and features of the communal riots and the bomb blasts. It has accordingly arrived at conclusions and recommendations.

In the second part of its report, the commission has dealt with the evidence tendered in the enquiry and the documents brought on record. In that, 137 pages exclusively deal with the actions of 26 police stations in whose jurisdiction the riots took place. The most important observations of the commission are in these pages. It reveals how savagely the police force acted in the most biased way against the Muslim community during the time of attacks by saffron goons.

The remaining 34 pages relate to and deal with the attitude of police officers, journalists, media, politicians and their role. The role of the then chief minister Sudhakarrao Naik, union defence minister Sharad Pawar, the opposition leader Manohar Joshi and Shiv Sena MLA Madhukar Sarpotdhar is mentioned in these pages. The Shiv Sena- BJP- RSS- Bajrang Dal- Vishwa Hindu Parishad leaders are quoted here to have repeatedly said “Is Deshme Rehana Hogha Tho Vande Mataram Kahana Hoga.”

In the report the commission has taken meticulous care to show community-wise figures of the deaths occurred and injuries sustained in the riots. The report reveals that out of the 900 people killed in the December 1992 and January 1993 riots, 575 were Muslims and 275 were Hindus. Unknown in that list were 45 and in the other 5. In the listed figures of deaths, 356 were on account of police firing, while 347 occurred due to stabbing. 91 became victims of burning and 80 were killed by furious public crowd. Another 22 became victims of firing by the public.

The commission has thereafter stated that out of 2036 seriously injured, 1105 were Muslims, 893 were Hindus and others were 38. (Part I of the report, page 18)

The commission has thereafter separately dealt with and pointed out the figures of deaths and injuries on account of the serial bomb blasts of March 12, 1993. Therein, the disclosure made is 257 deaths and serious injuries to 713. The estimated loss of property in the bomb blasts has been pegged by the commission at Rs 27 crore.

The Commission has named Shiv Sena chief Bal Thackeray, chief minister Manohar Joshi, Sena MLA Madhukar Sarpotdar, Sena leader and minister of state for home, Gajanand Kirthikar, former Mumbai Mayor Milind Vidya and former MLA Ramesh More as culprits in the riots. (Part I of the report)

Even in part II of its report the commission has made serious charges against sangh parivar leaders. Named therein are many Shiv Sena leaders such as MLAs, municipal corporators and shakha pramukhs. Similarly BJP and other sangh parivar leaders are named. The commission has also pointed out the names of the Muslim fundamental organisations and even certain Congress leaders. It is clearly stated that all such people have actively taken part and were involved in the riots. In this part of the report the Commission has also named many police officers, constables and highlighted their blatant anti-minority bias and attitude. It is mentioned therein that some of these police officers have directly indulged in the riots, helped or remained as silent spectators to the crimes.

And yet, nine long years after the submission of the report no action has been taken by the INC-NCP governments against the perpetrators of these massive crimes. The Manmohan Singh-led UPA government has also not done anything to see that punishment is meted out to the guilty.

The danger that this commission will also gather dust just as many of the previous ones in the post-independent India is real. They include Justice Jagmohan Reddy Commission of Enquiry into the Ahmedabad riots of 1969, (2) Justice D P Madan Commission report on Bhiwandi riots of 1970, (3) Justice Vithayathil Commission report on Tellicherry riots of 1971, (4) Justice Jitendra Narayan commission report of Jamshedpur riots of 1979, and Justice P Venugopal Commission report on Kanyakumari riots of 1982 etc. An addition to this for Maharashtra is the Mundewar Commission report on Ramabai Nagar firing on dalits at Ghatkopar in the northeast of Mumbai on July 11, 1997.

The secular, democratic and progressive people of Maharastra are determined that such a fate must not befall on the Srikrishna Commission Report. It is in this context that the protest demonstrations organised by the CPI(M) in Maharashtra have to be viewed. As a matter, of fact though these demonstrations were under the banner of CPI(M), a large cross section of people came to participate in the dharna programmes. The Azad Maidan demonstration in South Mumbai was the largest. It was addressed amongst others by Dr Ashok Dhawale, CPI(M) Maharashtra state secretary and other leaders such as K L Bajaj, Mahendra Singh, Professor K K Theckedath, Sonya Gill, Professor Ramsagar Pande, Shailendra Kamble, Sugandhi Francis, Adinath Tiwar and Ali Ahmad. Dhawale in his speech roundly condemned the non-implementation of the commission report.

The party has not stopped at this. Knowing that the government has not been moving despite statewide agitations, a CPI(M) delegation met the deputy chief minister and home minister of Maharashtra R R Patil. The delegation as stated at the outset submitted a memorandum and reiterated the demand for implementation of the commission report. The delegation comprised of Maharashtra state committee secretary Dr Ashok Dhawale and state committee members Mahendra Singh, Sayeed Ahmed, Hemkant Samant and Ali Ahmed. In the hour long discussion the delegation had with the minister, it has been assured that the government will act to implement the commission report. However it still remains to be seen if these assurances are really implemented with seriousness.