The Hindu : Marad Commission raps Government

Online edition of India's National Newspaper
Thursday, Apr 01, 2004

Kerala

Kerala

Marad Commission raps Government

By Our Staff Reporter

KOZHIKODE, MARCH 31. Expressing its displeasure over the frequent adjournments made by the counsel for the Kozhikode City Police Commissioner, the Marad Judicial Inquiry Commission has asked the State Government and its departments to consider "whether they are rendering effective, meaningful and useful assistance to the Commission in completing its assignment within the stipulated time '' regarding its inquiry into the May 2 massacre at Marad.

At a sitting here today, the Commission, Thomas P. Joseph, said that it would like to make it very clear that if the inquiry was not completed within the stipulated time on account of such adjournments, it would not seek further extension of time for completing its inquiry.

The Commission, which is already into its second term of six months after seeking extension from the State Government a week ago, pointed out that the Government had appointed the Commission to inquire into specific issues, including failure of any of its departments, in preventing violence at Marad and had also specified the time to file the report. The term of the Commission will end on August 22.

"The appointment of the Commission was to ascertain the truth and not to let off steam generated after some unfortunate and sensational incidents, '' he said.

The Commission said that the examination of one of the police officers was over by January 30, 2004 and that the examination of the remaining witnesses was to follow. "But due to the present stand of the Commissioner's counsel, the proceedings have to be adjourned, '' the Commission said.

Earlier the Police Commissioner's counsel, Shahir Singh, submitted that the examination of its witness be postponed till its objection to the disclosure of the intelligence report was finally decided. This was pending before the Division Bench of the High Court of Kerala, he said.

The Counsel for the Vishwa Hindu Parishad and the Hindu Aikya Vedi, E.K. Santosh Kumar, also submitted that because the examination of the Police Commissioner, T.K. Vinod Kumar, and the Assistant Commissioner, Abdul Rahim, was being postponed, they were not able to summon some of their witnesses, including the former City Police Commissioner, Sanjeev Patjoshi.

While referring to intelligence reports, the Commission also said that he simply could not go through the documents and keep them shut.

"According to the law, evidence of the Government agencies have to recorded first, '' he said.

The Commission also ordered that the VHP leader, Kummanam Rajashekaran, be examined on April 16 in connection with its inquiry. It also issued a show-cause notice to the Escotel Mobile Communications Limited as to why action should not be taken against it under Section 175 of the Indian Penal Code (IPC) for failing to comply with its order in producing the list of incoming and outgoing calls of some mobile numbers. The Bharat Sanchar Nigam Limited (BSNL) Kozhikode general manager was also asked to submit an affidavit why it was not able to trace the incoming calls and outgoing calls of the landline phone of the Marad Juma Masjid.

While the BPL Mobile Cellular Limited Legal Manager, M.V. Rajesh, through his counsel submitted the documents relating to the incoming and outgoing calls of some phone numbers before the Commission, the Airtel Madhu Communications Kozhikode sought more time to submit the documents. Airtel was also reprimanded for its lapses and was asked to submit the documents before April 16.

Arguments on the publication of new reports in the Deshabhimani will also be heard on April 16. This was after the counsel for Deshabhimani's Chief Editor, V.S. Achuthanandan, the printer, P. Karunakaran, and the CPI(M) district secretary, V.V. Dakshinamoorthy, filed an affidavit based on the show-cause notice today.

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