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January 13, 2000

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Fresh probe ordered into anti-Sikh riots

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The government has decided to set up a fresh commission of inquiry, headed by a retired Supreme Court judge, to probe the November 1984 anti-Sikh riots in Delhi and other parts of the country following the assassination of then prime minister Indira Gandhi.

The decision was taken at a Union Cabinet meeting chaired by Prime Minister Atal Bihari Vajpayee.

The decision follows a demand in Parliament and from different sections of the public for a fresh inquiry into the circumstances leading to the riots.

Home Minister Lal Kishenchand Advani had announced in Parliament that the government was willing to set up another commission to go into the riots.

The Justice Ranganath Mishra Commission had, in its report, indicted 147 police officials for dereliction of duty. In all, 707 criminal cases had been filed on the basis of the report and prosecution was launched in 374 cases, but as many as 320 resulted in acquittals.

The new commission of inquiry will look into the causes and course of the criminal violence and riots targeting members of the Sikh community; the sequence of events leading to such violence; the lapses or dereliction of duty in this regard on the part of any of the authorities/ individuals; the adequacy of the administrative measures taken to prevent and deal with the said violence; etc.

The commission will also recommend measures which may be adopted to meet the ends of justice after reviewing the complaints that may be made before the commission.

The Commission shall submit its report to the government within six months of its constitution, Information Technology Minister Pramod Mahajan told the media yesterday after the Cabinet meeting.

Under the terms of reference, the commission shall make an inquiry with respect to the following matters:

(A) to inquire into the causes and course of the criminal violence and riots targeting members of the Sikh community which took place in the National Capital Territory of Delhi and other parts of the country on 31st October, 1984 and thereafter;
(B) the sequence of the events leading to and all the facts relating to such violence and riots;
(C) whether this heinous crime could have been averted and whether there were any lapses or dereliction of duty in this regard on the part of any of the individuals of the police force and other individuals responsible for it;
(D) to inquire into the adequacy of the administrative measures taken to prevent and to deal with the said violence and riots;
(E) to recommend measures which may be adopted to meet the ends of the justice;
(F) to consider such matters as may be found relevant in the course of the inquiry.

(II) The inquiry by the commission shall be in regard to:
(A) complaints or allegations that may be made before the commission by any individual or association in such form and accompanied by
(B) such instances related to paragraph 2 (i)(a) to (f) as may be brought to its notice either by the Central government or the government of National Capital Territory of Delhi or the state government concerned.

The headquarters of the commission shall be at New Delhi.

UNI

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