rediff.com: Liberhan panel issues bailable warrant for Kalyan Singh

The Justice M S Liberhan Commission, probing the events leading to the demolition of the disputed structure at Ayodhya, today ordered the issuance of bailable warrants against former UP chief minister Kalyan Singh directing him to appear before it on August 18, after he failed to turn up for examination.

Justice Liberhan, however, directed that the warrants to secure Singh's presence as a commission witness, be kept in abeyance for seven days subject to his giving an undertaking to appear before the panel on the next date of hearing.

Taking a "serious view" of Singh's non-appearance following the fresh summons issued to him on July 20, Justice Liberhan observed, "It is evident from earlier proceedings and would be reasonable to irresistibly come to a conclusion that the attempt is calculated to defeat the very purpose for which the commission has been set up."

Earlier, Singh's Counsel B B Saxena appealed to the commission not to "compel him (Singh) to make any statement" on the grounds that he was not a witness in the overall sense of the term, that he was being prosecuted by CBI in the same case and he was also a noticee of the commission under section 8 (B) of the Commission of Inquiry Act.

The counsel also sought two weeks' time to file a writ petition in the high court for quashing the commission's order to examine him as a witness.

Singh was the chief minister of Uttar Pradesh when the Babri Masjid was demolished by Kar Sevaks on December 6, 1992.

Pointing out that senior UP government officials and the state's then principal secretary (home) and present Cabinet Secretary Prabhat Kumar have deposed before the commission, Justice Liberhan said, "The absence and non-cooperation of Kalyan Singh becomes all the more obvious in this context."

He ordered the issuance of the bailable warrants in the sum of Rs 10,000 "keeping in mind the totality of the circumstances and the indispensable imperative of examining Singh in view of the term of reference of the commission."

The commission observed that Singh has chosen not to appear in spite of having publicly evinced keen interest in the proceedings of the commission and "having publicly asserted to the media that there was a conspiracy to demolish the disputed structure at Ayodhya."

Justice Liberhan also fixed August 25 for the examination of D B Rai, who was senior superintendent of police in Faizabad at the time of demolition. Rai, who will be examined after Singh's submission, was present in the court today.

Cabinet Secretary Prabhat Kumar, who was the state's principal secretary (home) at the time of the demolition, will be further cross-examined on August 4.

The commission had on July 20 issued fresh summons to Singh taking serious note of his failure to appear before it.

Singh had, on June 22, moved an application before the panel seeking exemption from appearing before it as a Writ petition challenging the inquiry was pending before the Allahabad high court, but the commission rejected it on the ground that it "cannot proceed without examining him as he was a key figure."


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