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Committee on Extra-judicial Killings in Assam

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September 10, 2018

Why in news?

The Gauhati High Court has recently quashed the appointment of a committee that had probed the alleged extra-judicial killings in Assam.

What is the case about?

  • It relates to the extra-judicial killings in Assam during 1998-2001, often described as “secret killings”.
  • Close relatives of a number of United Liberation Front of Asom (ULFA) members were shot by unidentified killers.
  • A committee headed by Justice K N Saikia was formed in 2005 to look into this.

What were the Saikia panel findings?

  • The committee submitted its report in 2006-07.
  • It blamed the Home Department and sections of the government machinery of being involved in the killings.
  • The report alleged a nexus between police and certain surrendered ULFA members.
  • It coined the term “ulfocide”, and defined it as a general plan for killing of ULFAs, their families and relatives.
  • It claimed that these were caused after ULFA families failed to persuade their ULFA relatives to come for peace talks.
  • It noted that the similarities in the killings indicate the remote planning from higher authorities.
  • Also, the weapons used were of a type generally used by police or the military.
  • Besides, there was police patrolling on the spot prior to and after the killings, but not during the time of the killings.

Why was the committee quashed?

  • Four successive panels probed the killings and the Justice Saikia headed committee was the last.
  • Notably, the earlier J N Sarma Commission probed six killings and submitted an interim report on three.
  • The Saikia committee was thus challenged on the ground that the previous panel was still active.
  • As, under Sec 7 of Commissions of Inquiry Act, a gazette notification for discontinuation of an inquiry commission is mandatory.
  • But no such notification was issued for the Sarma Commission.
  • The court has now held that the Saikia panel was legally invalid.

What are the other concerns?

  • The Saikia Commission’s report was said to be self-contradictory in parts.
  • This is because at one point it says that “there is no evidence to pinpoint responsibility”.
  • But at another, it blames the then Home department of remotely orchestrating the killings.
  • The investigation was also alleged to be politically motivated.

 

Source: Indian Express

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