RAIPUR: The ruling Congress in Chhattisgarh raised objections citing the alleged violation of the accepted propriety over the submission of 2013 Jheeram massacre probe report to the Governor Anusuiya Uikey.
However, constitutional experts believe there can be exceptions to the general rule and that depends on the contents of the inquiry report.
Some precedents have apparently led to strong political debate as the Congress alleged that submission of the report is "a digression from the established procedures".
Chhattisgarh state, ever since it came into existence in 2000, has so far set up six judicial commissions related to various Maoists incidents. Three probe reports have been accomplished. Two report investigations were earlier submitted to the state government. But the Jheeram report was handed over to the Governor by the Commission’s secretary on November 6.
"The given convention should have been followed. As a practice the state government after receiving the report tables it in the Assembly along with the action taken report", said Congress spokesperson Sushil Anand Shukla.
In 2013, a group of Congress frontline leadership got eliminated in the Maoist attack at Jheeram valley in Bastar on 25 May. The Raman Singh government, at that time, constituted a single-member judicial commission under the then judge of Chhattisgarh High Court Justice Prashant Kumar Mishra, who is now Chief Justice of Andhra Pradesh High Court.
The constitutional experts affirmed that the senior judge who headed the commission is familiar with the law and might have considered the point regarding the submission of the report or it could be mere a chance for the report given to the Governor.
"It is presumed that the one who appointed the commission should get the probe report but there may also be exceptions to the general rule. However whether that divergence applies here, we can’t say as there could be other reasons that led the Commission to contemplate on handing over the report to the Governor. Without knowing the contents of the report, there are arguments and counter arguments prevailing", said constitutional expert and former state advocate general Kanak Tiwari.
The Commission, after getting 20 extensions of the initial three-month tenure, submitted a 10-volume report.
Chief Minister Bhupesh Bahgel stated, in June this year, that the Commission had sought one final extension and in September the Commission’s secretary had again written seeking some more time.
"So did the Commission submit the report which was not concluded? If it’s not the case, then why was the additional time sought to complete the investigation?", asked Baghel and wondered if the report was submitted even before the final extension was approved by the state.
Congress state president Mohan Markam has demanded a new probe into the Jheeram massacre.