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November 20, 1997

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'No action is called for'

The government, in its action taken report on the Jain Commission interim report, claimed that most of the panel's conclusions have already been probed by the Verma Commission, or pertain to the conspiracy aspect, details of which only the final report would cover.

Justice Jain hospitalised
Justice Milap Chand Jain, who is inquiring into omissions and commissions in the Rajiv Gandhi's assassination case, has been admitted to the All-India Institute of Medical Sciences in New Delhi.
Doctors said today that he was operated upon for hernia and would remain in hospital for about a week.
The current document covered only the sequence of events leading to the Rajiv Gandhi assassination, the government said.

The 85-page ATR tabled in both Houses of Parliament today mentions no action taken worth the name. The ATR said the Jain Commission observations about the role of the Liberation Tigers of Tamil Eelam had been noted. In some cases the ATR even said, 'No comment'.

The government claimed it had provided full support to the Jain Commission and provided all assistance to inquire into the circumstances leading to the assassination.

It observed that action had already been taken by the government on the recommendations of the Verma Commission. So no action is called for in matters already covered by that Commission. The ATR said this about most conclusions of the Jain Commission's interim report.

On the Jain Commission observation that former prime minister V P Singh should not have accepted the advice tendered by security experts and bureaucrats, the ATR said, "This is an unsubstantiated expression of opinion not shared by the government.

On the growth of Sri Lankan militancy in Tamil Nadu and the involvement of the ruling Dravida Munnetra Kazhagam, the ATR stated, "These observations are sweeping," adding, "No action is called for."

The ATR said observations relating to the nature of security had also been covered by the Verma Commission.

The Commission report had stated that the assassination of Eelam People's Revolutionary Liberation Front leader K Padmanabha and others in Madras on June 19, 1990 was a shocking reminder of the impunity with which the LTTE could operate in India. The ATR promised to pass this view on to the Tamil Nadu government. It also refused to comment to the Commission's observation that the welcome organised by then M Karunanidhi, then chief minister of Tamil Nadu, for the Indian Peace-Keeping Forces deinducted from Sri Lanka was a gesture opposed by the Centre. That is the Commission's opinion, the ATR said.

The government said it had given the Jain Commission all assistance in gathering evidence. The panel had, over time, sought about 4,400 documents from the government. However, when the Commission sought some papers relating to military operations and the working of security agencies and foreign relations, the government claimed privilege.

Regarding furnishing of documents and evidence on the part of the Special Investigation Team and the Central Bureau of Investigation, the government said it was a considered decision, taken on legal advice, that nothing should be done which may delay or disrupt the trial of the Rajiv Gandhi case before the designated court in Madras.

The Commission asked for the records of this case, for which the designated court did not give permission. The court also issued an order under TADA prohibiting the disclosure of any material. But the SIT and CBI had, as early as February 2, 1995, offered to share all its records with the Commission on a confidential basis.

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