VIVEK SHARMA
JAMMU: In a startling revelation, Justice R. C Gandhi Commission, constituted to probe into 2013 Kishtwar communal riots, has accused Director General Police, Jammu and Kashmir K Rajendra of ‘ casual approach’ to the complaint made an offer of about bribe of Rs 2 crore by someone (ostensibly to sabotage the findings).
In its report, the Commission says, “It will be appropriate to place on record the objectionable attempts made to interfere in the independent working of the Commission by some mischievous and interested persons. The police appear to have not made any sincere and honest investigation in the complaint of the Commission”.
“On Nov 14, 2014, a cell phone call was received at 6.20 PM by Vijay Kumar, Police Head Constable/PSO of the Chairman on his Phone No. 8803281685 from some unknown person, who did not disclose the name but asked the PSO about the whereabouts of the Chairman of the Commission. The PSO did not volunteer the information and also did not disclose the telephone number of the Chairman. The caller informed the PSO that he intends to send Rs.2 crores through his driver Mukesh to the Chairman and required the PSO to ask the Chairman of the Commission to identify the place where the money should be delivered. The SPO closed the conversation and immediately informed the Chairman at about 6.22 p.m. about the call from telephone No. 9858592602. The matter was immediately brought to the notice of D.G. Jammu & Kashmir Police on telephone. Written complaint was also sent to DGP requiring prompt investigation, apprehend the culprit and deter such nuisance calls in future and prevent objectionable interference in the working of the Commission”, the report reveals.
The Justice Gandhi Report carries the copies of complaint, besides three reminders, with an observation, “It shall be difficult in future for the Judicial Commissions to work independently, otherwise there shall be every possibility of sabotaging the Commissions by the vested interests.”
The Secretary, Commission of Inquiry on Nov 15, 2014 wrote to Director General of Police, “Top Secret: Apropos to the telephonic talk of the Hon’ble Chairman with your good self on 14th in the evening, I have been directed to submit written complaint for the same.”
On November, 19 2014, the Secretary also wrote to the Prime Minister of India and the Union Home Minister in several communications, contents of which read, “Justice R.C Gandhi is holding the Commission of Inquiry on Kishtwar incidents of violence and arson which took place on 9th August, 2013”.
On cross-examination of the witnesses, recorded by the Commission, an apprehension seemed to had been generated among the concerned officers posted at Kishtwar that their design of mischief has been squeezed out by the Commission and the officers responsible for the alleged mischief were apprehensive of some action likely to be recommended against them and under that stress they, in connivance with mischievous elements, appeared to have been hatching a conspiracy to sabotage the Commission and tarnish the image of the Chairman, the Commission observed in its communications to the Prime Minister and the Home Minister.
“It is, therefore, requested that the matter be investigated by some agency which your Honour deems fit and proper so that the truth is brought to the surface and the culprits may not go scot free,” the Commission of Inquiry’s Secretary wrote to PM and Union Home Minister.
On December 3, 2014, when no progress was seen in the case, so a reminder DO letter was written to DGP, J&K Police by the Chairman CoI, which reads as under:-
In one of the reminders on 3rd December 2014, the Secretary of the Commission wrote to the DGP, “Dear Shri Rajindra Sahib, Please refer to this office letter No. COI/Kishi/2013/211 dated 15-11-2014,I have to convey that the person who has made the call from Cell Phone No. 98585-92602 to the PSO has admitted it before the Investigating Officer as per my information. That he immediately contacted his associate to update him, is evident from the call records. The associate further updated to whom, is also borne by the call records. The Investigation with regard to the money, which according to the caller, his driver Mukesh was bringing, is not being investigated. If he has money from which source he got it. If he is not having then what was the purpose of the call and at whose instance. Now almost three weeks are over, the Investigating Officer has not summoned these updated persons. I have also got the record of Cell Phone Nos. 98585-92602 and 94191-31111. From this record it can be easily made out who are those updated persons but it is surprising that neither those persons are yet investigated nor the motive is unearthed. One of them is a retired Police Officer as I feel”.
“Under these circumstances, no fair inquiry is being conducted as the Police Officer and other persons associated with this conspiracy against the Commission are being let off as was done in the case of fake CD prepared against the then IGP Jammu Zone, Dilbag Singh and DySP Gandhi Nagar regarding demand of corruption in land case. In that investigation also the police officer involved was let off and encouraged by that the same officer is associated herein also which is evident as the caller in the next call updated him”.
“It is requested to please monitor the investigation on day-to-day basis so that the culprits who have planned to frame a false CD on the same pattern to sabotage the report of the Commission are brought to book. The caller is presently using Cell Phone No. 096972-09067.”
After about over 3 weeks thereafter another reminder was addressed on 26th December 2014 to the DGP as the investigation had not yielded any fruitful result.
The Commission wrote, “Dear Shri Rajindra Sahib, I hope that this letter of mine shall find you in the best of your health and spirits. I would like to draw your attention to my letter dated November 15, 2014 and subsequent letter dated Dececember 3, 2014 where under I made a complaint and also supplied the information with certain pointers. I would like to mention that the Investigating Officer appears to have not made any sincere and honest investigation. The culprit, who has admitted that he made the call to my PSO, as mentioned in my letters referred to above, is being treated as their guest by the investigating team. I do not blame the investigating team but their conduct itself exhibits total un-ethical behaviour with the culprit. According to my information, whenever the suspect is called by the investigating team, he goes there and they behave with him as if they are receiving a guest and after some time they relieve him. This is no way of investigation and if this continues, I do not feel that the game plan of sabotaging the Commission will be un-earthed and I have no reason to disbelieve that since the police officers are involved, that is why the investigation is processing in snail’s pace. Since November 15, 2014 till now, six weeks are over and there is no progress in investigation. Should in such a case the investigating team also deserves to be interrogated for justifying the delay. I have no doubt on the integrity and honesty of the S.P. but others such as DySPs and Sub-Inspector need to justify it.”
“I would like to convey that fair investigation is not being conducted and I request that the suspect may be interrogated either by Joint Interrogation Centre (JIC.) or investigation of the matter may be transferred to the CBI, whichever suits to you under these circumstances. I shall wait for a reasonable time and thereafter shall have no option except to seek justice from other available legal forums,” Justice R.C. Gandhi wrote as per the Report.
This was followed by yet another letter to DGP, which read as, “Till date no action seems to have been taken and no information has been communicated to the Commission regarding the progress of the investigation. The incident is of serious nature and deserves a serious view to be taken in the public interest, because if the culprits are made to go scot free, it shall be difficult in future for the Judicial Commissions to work independently, otherwise there shall be every possibility of sabotaging the Commissions by the vested interests. It is expected that the concerned agency of Government should monitor the course of investigation adopted by the Police to ensure that the culprits are booked for their deliberate and unlawful act, under appropriate penal offences.”
