Author: BK Verma
Publication: The Pioneer
Date: September 14, 2009
URL: http://www.dailypioneer.com/202283/Tamang-report-lacks-credibility.html
The editorial "A contested inquiry"
(September 9) has raised valid doubts about the credibility of Metropolitan
Magistrate SP Tamang's flawed conclusions in his report which claims that
Gujarat Police officers faked the 2004 encounter killings of Ishrat Jahan
and three others to win promotions and the 'appreciation' of Chief Minister
Narendra Modi. In giving his opinion with jet speed he has established a dubious
record which does not do credit to the judiciary.
It is appalling that the magistrate did not
follow the due process of conducting a magisterial inquiry - rigorous examination
of witnesses, meticulous examination of evidence on record by checking and
cross-checking, affording reasonable opportunity to the accused to defend
themselves. In this case he should have been extra cautious, for there were
very strong circumstances for the police to have acted promptly on the intelligence
inputs about the conspiracy and the antecedents of the terror suspects.
Moreover, he did not have the patience to
go through the affidavit of the Union Home Ministry submitted in the High
Court saying that all the four persons killed were linked to the Lashkar-e-Tayyeba.
This was done even while being aware of the fact that the SIT set up by the
High Court was yet to give its report.
This reminds one of the Banerji Committee
which was set up by RJD chief Lalu Prasad Yadav even as the Nanavati Commission
was already probing the Godhra train burning incident. There too the committee
showed haste in giving its 'findings' to pre-empt the Nanavati Commission's
report. It was a different matter that the Banerji Committee report was received
by the public with the scepticism it deserved, and Mr Modi gained enormous
support from Gujarat's voters. The Tamang report will undoubtedly meet the
same fate.
All that this report has achieved is that
it has given a lot of cud to chew on to Modi baiters, assorted 'secularist'
mob comprising media, certain NGOs which have made a business out of raising
muck, and political parties opposed to the BJP.
If the Congress persists too much in pillorying
Mr Modi on this issue, it will only embarrass itself since the encounter took
place when it was in power at the Centre and the affidavit in the High Court
was also submitted by the Union Home Ministry under the UPA Government. It's
good that the Gujarat Government has promptly announced its decision to challenge
the magistrate's report in a higher court.
