'Examine possibility of criminal justice panel'

The Liberhan Commission has recommended to the government to examine the desirability of establishing a Criminal Justice Commission.

The Commission which went into the demolition of the Babri Masjid said such a panel should comprehensively monitor the performance of all law enforcement agencies and apply corrective measures wherever needed.

In its Action Taken Report (ATR), the government said the Law Commission of India will be requested to study the desirability of establishing such a panel.

The Liberhan Commission also said threat from communal violence needed to be dealt with firmly.

"Specialised investigating squads need to be formed under the state criminal investigation agencies and communal offences or crimes committed during communal riots ought to be vigorously investigated," the Commission has recommended.

Besides, it wanted the governments should not be able to withdraw charges relating to communal riots. Accepting the recommendations, the government said one of the measures contemplated was the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill. The bill contemplates setting up of special courts.

Besides, the government detailed in the ATR the status of three cases regarding the Babri Masjid demolition. It said one case against lakhs of unknown karsevaks was on in a special court in Lucknow while another case against eight accused was in progress in special court of Rai Bareli.

Forty-seven other cases are in the Special Court, Lucknow. "Steps will be taken to expedite the hearing of these cases," the government said.

The Commission also observed that the Election Commission must ensure that any complaint brought before it by any citizen of the country of attempts to misuse religious sentiments or to appeal to voters through the mode of their piety should result in swift action and possible disqualification.

It said such action should follow even if the attempts were made by holding "thinly disguised electoral rallies in places of worship or posing as political supplications to God". 

"The matter will be referred to the Election Commission of India," the government said in the ATR.

The Commission recommended the de-merger of religion and politics at the earliest and the government said it has noted the recommendation.

Prefacing the recommendations, the Commission said the subject required the consideration of not just of Parliament but also of religious leaders and statesmen alike.

Justice Liberhan said "while I cannot prescribe a Code of Conduct or regulations for the running of the democratic process, I must recommend that the de-merger of religion and politics must be studied and implemented at the earliest. 

The government expressed its agreement to the Commission's observation that the separation of state and religion has been debated at great length at every age and has found favour in almost every organised civilised society.

"The Constitution of India is an endorsement of this principle of separation and goes on to clarify in unequivocal terms that the Indian union does not eschew religion or declare an irreligious state", the Commission said in another observation which was agreed to by the government.

The Commission recommended that in order to achieve the idea of a secular state, the incorporation of religious agenda within political manifestos or electoral promises should be made an electoral offence and should incur summary disqualification for the individual.

It should also apply for a political party if such blatant resort to the religious and casteist sentiments is part of the party's substantive poll plank.

The government said it has noted the recommendation and the matter will be examined further.