UP Cabinet accepts Nimesh panel report

Speaking to The Indian Express,retired judge R D Nimesh,who headed the one-man commission,said: “Based on the facts that came out during the probe,I had raised suspicion over the arrest of Khalid and Tariq from Barabanki on December 22,2007. I had recommended that all those officers and employees who were involved in arresting them and worked against the law should be identified and action be taken against them.”

He said that since the case is pending in a Barabanki court,he had not fixed responsibility on any individual. “It is upon the government to identify the officers and take appropriate action,” he added.

The commission was constituted on March 14,2008 by the then Mayawati government after family members of Khalid and Tariq,along with social organisations,raised questions over the arrests and alleged that the two were kept in illegal custody. The report was finally submitted on August 31,2012,five-and-a-half months after Akhilesh Yadav took charge as CM.

Human rights organisations had been demanding that the report should be made public and action taken on its recommendations.

The UP police had shown the arrest of Khalid and Tariq from Barabanki on December 22,2007. However,Tariq’s family had claimed that he was picked from Sarai Meer area of Azamgarh on December 12,2007,and kept in illegal custody. Likewise,family members of Khalid had alleged that he was picked up on December 16,2007 from Madiaon area in Jaunpur district.

Sources said the commission had also recommended that in order to avoid such incidents in the future,the interrogation of accused in terror cases should be videographed,there should be special courts for their investigation,and there should be a system of compensation for the victims in such cases.

Meanwhile,state BJP president Laxmikant Bajpai called the acceptance of the report by the Cabinet a “political gimmick”. “We have a suspicion that the SP government would use the report to withdraw cases against other accused. We would oppose any such move to interfere in the work of the judiciary just for their vote bank,” said Bajpai.

Congress Legislature Party leader Pradeep Mathur said it was a mere “lollipop to confuse the public”. “Acceptance of such reports has no meaning until the government takes action on them.”

Advocate Mohammd Shoaib,who represented the two arrested men in courts,demanded quick action.