In an open letter to Justice (Retd.) Sugnaben Bhatt and K C Kapoor, both members of Commission of Inquiry (‘Save Modi Commission’, as Congress termed it), Bengaluru resident Hem Raj Jain points towards some of serious questions pertaining to the commission that needs to be answered by the Gujarat government. – Editor
To.
1- Hon’ble Justice (Retd.) Sugnaben Bhatt
Member, Commission of Inquiry
Gujarat
2- Hon’ble Additional Chief Secretary Home (Ret) K C Kapoor
Member, Commission of Inquiry
Gujarat
Sub:- Request to hold the taking-up of the responsibility of Commission till Gujarat Government’s clarification
Hon’ble Member of Commission of Inquiry
Jai Hind
On the basis of impeccable record of the high professional integrity of Your Honor for decades, everyone knows that Your Honor will take the responsibility as a Member only for serving the ends of justice through Inquiry Commission [set-up this week by Gujarat Government in relation to So-called ‘Sahib-Tapes’ (as popularly termed in media) released by Cobrapost and Gulail.com and its related matters] and not for any remunerations, perks etc which such Membership brings. Therefore Your Honor is requested to kindly hold the taking-up of the responsibility of this Commission till Gujarat Government clarifies the following, which raises serious legal & moral questions over this Commission of Inquiry:-
(1)- The writs in High Courts (and in Supreme Court too) are legally allowed to be preferred only when other remedies are exhausted or not possible in subordinate courts. Similarly Inquiry Commissions are also legally tenable when it is difficult or impossible in normal course for Governments to achieve what Inquiry Commissions are expected to achieve through their Terms of Reference (ToR).
(2)- But the following TOR of Sahib-Tapes Inquiry Commission is a clear evidence that all these objectives of probe can be easily achieved by Gujarat Government itself in its normal course of governance:-
1. Authenticity and veracity of the tapes. 2. Whether surveillance, as alleged by the web portals, actually took place. 3. The facts, circumstances, reasons and causes that led to the alleged security/surveillance, if any, and/or steps taken by the government. 4. Whether there was any breach of or non compliance with any laid down mandatory legal provisions and/or administrative procedures in the process. 5. Whether the circumstances leading to the release of the audio tapes after a long gap of four years reveal any conspiracy. 6. What shall be the objective considerations while arrangements are made to provide discreet security to a woman if the circumstances so warrant.
(3)- Regarding First ToR, number of Senior Advocates of Supreme Court, former DGPs, CBI Chiefs etc have appeared in media (on TV Channels) during last two weeks who said that it does not require more than a week to get a report from Forensic Science laboratory (FSL) regarding authenticity and veracity of the tapes. In view of the fact that Commission will also have to rely only on FSL in this regard, Your Honor ought to ask Gujarat Government to clarify as to why even to this day Government did not seek such FSL report and absurdly expecting Commission to do this
(4)- The second, third and fourth ToR are even more absurd. First of all Gujarat Govt has to tell the people of Gujarat and of India through press release / conference before constituting this Commission whether or not such surveillance phone tapping etc took place as per Govt records and if it happened then what are the facts, circumstances, reasons and causes that led to the alleged security/surveillance and/or steps taken by the government as per Govt records and whether as per law officers of the Gujarat Govt there was any breach of or non compliance with any laid down mandatory legal provisions and/or administrative procedures in the process. It is absurd and legally objectionable to constitute a Commission by Gujarat Govt to find out even what is already on its record (or can be ascertained by routine police investigation, if required, after FSL report).
(5)- Regarding fifth ToR the Govt can file petition in Gujarat High Court against CBI from who’s custody these tapes leaked (as so many things leaked in the past from the custody of CAG, Defense Ministry, PMO, CBI etc) and for this purpose a Commission of Inquiry is not needed.
(6)- Regarding sixth ToR, the suggestions about discreet security to a woman (of-course in future), if the circumstances so warrant, should be of general nature with universal application and will need suitable legislation by Gujarat Vidhan Sabha and / or by Parliament. Till such exercise is taken solely for this legislative purpose (may be through some other Commission) it is legally objectionable to do it in this matter of Sahib – Tapes.
(7)- In the interest of uprightness in the public affairs, it is hoped that Your Honor will assume the responsibility of this Inquiry Commission only when Gujarat Government not only clarifies the above mentioned but also satisfy Your Honor that Gujarat Govt has done the requisite on its part and has discharged its mandatory responsibilities, as mentioned above. So that Your Honor can be sure that Gujarat Govt is not misusing this Inquiry Commission for any legally objectionable purpose.
Regards,
Yours truly
Hem Raj Jain
Mobile: 08385064101
Aged 68 years S/o Late Sh. N.C. Jain
R/O : S-72, Maya Indraprastha, J.P. Nagar Ph. VIth, Bengaluru – 560078, India.
