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November 26, 2009

Learn from the experience of Liberhan Commission

Mail Today, 26 November 2009
Editorial

What difference does Babri report make?

THE way the Liberhan Commission has gone about its job deserves a comment as much as its findings. The latter has no doubt substantiated what has been common knowledge all along: that the Sangh Parivar and its affiliates orchestrated the demolition of the Babri Masjid, with the connivance of the then Uttar Pradesh government led by Kalyan Singh. But questions are being rightly raised about its clean chit to Congress prime ministers Narasimha Rao and Rajiv Gandhi and the indictment of veteran BJP leader Atal Bihari Vajpayee, who was not even summoned by the Commission for a hearing.

More importantly, Justice Liberhan has displayed a curious disconnect between his conclusions and his recommendations.

While his conclusions are sharp, the recommendations, the most vital part of such reports because the government of the day can take action on their basis, seek no legal measures, neither against any organisation nor any individual. Considering that Justice Liberhan took 17 years to come up with his report — which cost the exchequer Rs 8 crore — he could have certainly done better. More so, since the Babri Masjid’s demolition was a watershed moment in India’s secular history and was followed by riots which accounted for scores of lives.

By not recommending any legal action, Justice Liberhan has also ended up being on the right side of the political parties, with each one of them making use of parts of his report that suit it to show itself in good light. The Congress can draw comfort from the Rao government escaping ensure while the BJP is citing the leakage of the report and Mr Vajpayee’s indictment to deflect attention from its complicity in the Babri Masjid’s demolition. Why Justice Liberhan has chosen to hold forth on a range of issues beyond the express terms of reference — the politician- babu nexus, a media regulator et al — is not clear. We can certainly do with change but it is doubtful whether a single- man commission’s views can be the basis for such change.

The Liberhan Commission experience also tells us that such panels ought to be set a deadline to come up with their reports. Otherwise, they can end up being sinecures. For who will deny that Justice Liberhan has had quite a career since he retired as a judge nearly a decade ago, having enjoyed the perks and privileges of office even as he went about the job at his own pace?