Commission exonerates Kitchloo; indicts officials, blames Magistrates

  * Panel for striking balance in VDCs

Sanjeev Pargal
JAMMU, Dec 20: National Conference leader and MLA Kishtwar Sajjad Ahmad Kitchloo is being re-inducted into the Council of Ministry tomorrow after Justice RC Gandhi (Retired) Inquiry Commission exonerated him of the charges that he was instrumental in August 9 violence at Kishtwar or that he didn’t handle the situation to control the attacks targeted against the minorities.
Governor NN Vohra would administer oath of office and secrecy to Mr Kitchloo at Raj Bhawan tentatively at 3 pm tomorrow in presence of Chief Minister Omar Abdullah. Mr Kitchloo was inducted in the Council of Ministry as Minister of State for Home and Minister for Industries and Commerce (independent charge) on January 15 this year but had to resign on August 12 following uproar in Parliament and Jammu over his role in Kishtwar incidents of August 9.
He would stage comeback into the Council of Ministry after a little over four months tomorrow.
Justice Gandhi’s Secretary Qazi Sarwar submitted 160 pages interim report of the Judicial Commission to the General Administration Department (GAD) this afternoon in which he gave clean chit to Mr Kitchloo but held the then senior civil and police officers of the rank of Deputy Commissioner and SSP, all Magistrates and lower rank officers responsible for not being visible on the ground leading to spread of violence.
Official sources told the Excelsior that the Inquiry Commission has reportedly favoured induction of retired Army, BSF, CRPF, other para-military forces and police personnel into the Village Defence Committees (VDCs). He has also recommended that people from the majority community should also be inducted into the VDCs to strike a balance in them so that the vested interests were not able to give them “communal colour’’ at the time of any agitation.
Coming down heavily on the civil and police administration, the Judicial Commission had observed that all Magistrates on duty on the day of violence i.e. August 9 were not visible on location. He has castigated the then Deputy Commissioner, Kishtwar Mohammad Saleem and then SSP Kishtwar Sunil Gupta apart from their subordinates for not performing the task on ground leading to escalation of violence.
The Government had shifted the then DC and SSP Kishtwar on the same evening of violence and replaced them with Baseer Khan and Sanjay Kotwal respectively.
Sources said Justice Gandhi Commission, which was given the task of holding an inquiry into Kishtwar violence and fixing responsibility of the vandalism on August 24, has submitted only interim report running into 160 pages and would give his detailed findings and recommendations later as he was awaiting response to the questionnaire submitted by him to Director General of Police (DGP) Ashok Prasad, CID Headquarters and other senior officers pertaining to functioning of police, Intelligence network and civil administration, which had completely collapsed on the day of Eid violence.
Sources said only when the replies to the questionnaires were received, Justice Gandhi Commission would go ahead with submission of final report.
They added the Commission held the view that Sajjad Ahmed Kitchloo, who was Minister of State for Home and Minister for Industries and Commerce as independent charge, was not involved in instigating the mob or responsible for the situation that erupted on August 9 on the occasion of Eid festival.
Sources said the Commission has received about 300 affidavits and examined 50 to 60 witnesses and on their basis as well as other evidences found that Mr Kitchloo had no involvement in the incidents, thus, giving him a clean chit.
Sources said it was on the basis of the clean chit that Chief Minister Omar Abdullah had decided to immediately re-induct Mr Kitchloo in the Council of Ministry with some portfolios.
Governor NN Vohra was likely to administer oath of office and secrecy to Mr Kitchloo tomorrow afternoon at Raj Bhawan.
Omar was holding additional charge of Industries and Commerce after the resignation of Mr Kitchloo. He already holds the charge of Home Department.
Sources said Justice Gandhi’s Secretary, Qazi Sarwar handed over the interim report on Kishtwar violence to the General Administration Department (GAD), a little less than four months after the announcement of his name as the Inquiry Commission by the State Government.
They added that the Commission was likely to take more time in submitting its final report on Kishtwar violence and recommendations to prevent such incidents in future apart from fixing responsibility of the clashes.
Chief Minister Omar Abdullah had announced Judicial Inquiry into Kishtwar violence on August 12 after Mr Kitchloo had submitted his resignation. However, the Government had named Justice (Retired) RC Gandhi as one man Inquiry Commission on August 24. He had undertaken his first visit to Kishtwar on September 4.
The terms of reference for Justice Gandhi Commission included enquiring into the circumstances which led to the violence and arson and the consequent loss of life and property in district Kishtwar, administrative lapses, if any, while handling the situation; and fix the responsibility of the persons, involved in acts of violence, arson and the loss of life and property.
The Government had asked the Commission to perform all the functions necessary for holding of the inquiry or incidental thereto and submit its report to the Government within a period of one month from the date of issue of the notification. However, the tenure of the Commission continued to be extended after every one month.
Initially, the Government had appointed Divisional Commissioner, Jammu, Shantmanu as the inquiry officer but disbanded the inquiry after ordering judicial probe into the incident.
Worthwhile to mention here that large scale violence targeted against minorities by the majority community had taken place in Kishtwar town on August 9 on the occasion of Eid festival in which huge property (of the minorities) running into several crores was destroyed. Three civilians were killed in the violence.
Kishtwar reeled under curfew for more than a fortnight while all other districts of Jammu region excepting Ramban and Poonch had to be brought under curfew for few days in the aftermath of violence.
The issue had echoed in both Houses of Parliament after Leader of Opposition in Rajya Sabha Arun Jaitley was prevented from visiting Kishtwar. BSP supremo Mayawati had also raised the issue in the Parliament.