19 September, 2020

A Slur On The Judiciary

Judges unanimously condemn the rejection of the Srikrishna report by the Sena government

A Slur On The Judiciary
"It is clear from the general scheme of the Act that a Commission of Inquiry is a purely fact-finding body which has no power to pronounce a binding or definitive judgment. It has to collect facts through the evidence laid before it and to submit its report which the appointing authority may or may not accept..." Sir Cyril Salmon, Lord Justice of Appeal in a lecture on 'Tribunals of Inquiry'

THE law was on its side—as the Shiv Sena-led Maharashtra government knew when it summarily rejected Justice B.N. Srikrishna's findings on the 1992-93 Bombay riots. But as the controversy deepened, it became obvious the country's legal opinion was not. In the midst of the political crossfire that followed the tabling of the report, the nation's legal community is united in a debate on the relevance of such inquiry commissions.
The mood in judicial circles has touched a new low given the blatant politicisation of commissions of inquiry—as displayed in the fate of the Jain Commission of Inquiry and the Srikrishna Commission which has provoked the Congress to demand the...



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