1984: Next, a task force

In fact, the prime minister himself conceded in Rajya Sabha that “we still do not know the truth”. He added “to err is human: there were lapses”. Were these mere errors and lapses. And if so, by whom?

For the investigation of cases, preferably a task force outside Delhi Police, comprising of officers of high integrity and ability should be formed. The challenge before the task force would be daunting: to reach out to those who are still in a position to depose; remove fear from their mind; piece together bits of evidence; dig out incriminating facts and materials left out in the past, and reopen cases which ended in acquittal because of perfunctory investigation. The commission has specifically recommended re-examination of cases where witnesses had made accusations against some politician specifically and yet no chargesheets were filed and cases terminated. It is desirable that the investigations by this task force are monitored not by the government but an independent agency. The Lok Pal would have been ideal, but unfortunately the Lok Pal Bill is still gathering dust. In its absence, the chairman of the human rights commission could be considered for the job.

It is not for the first time that such a suggestion is being made. While hearing writ petitions in hawala and other sensitive cases, the Supreme Court in 1996 had passed orders that the court itself would monitor the investigation of all the cases and that the CBI would not report to the “person occupying the highest office in the political executive”.

The role of two top functionaries of the Congress government in 1984, Prime Minister Rajiv Gandhi and Home Minister P.V. Narasimha Rao, as also of top functionaries of the PMO, cannot be brushed aside. They may have been absolved of the blame of instigating the killings, but what about the failure to act for two days or to call in the army promptly and to ensure firm and effective action by them and the police? Both the Nanavati Commission and the Rangnath Mishra Commission have observed that there was delay in calling the army. And then, that infamous statement by the PM that the earth was “bound to shake”, when a big tree fell.

Former MPs, senior lawyers, retired generals and a former prime minister have deposed how evasively Narasimha Rao behaved when they met him and requested him to call in the army. Then Lt. Governor P.G. Gavai has openly come out against him. We have had many other accounts in the public discussion in the past few days as well, including, notably, by former DG Punjab Police Julio Rebeiro. In the light of these, how far was Prime Minister Manmohan Singh justified in stating in Rajya Sabha on August 11, that “the lie which has been used for 21 years to poison the Sikhs mind has been nailed” by the commission?

Let there be no attempt to shield anyone anymore. At stake is not only the reputation and sense of fair play of the ruling party. Much more, it is the system of justice, rule of law and the rights of thousands of victims. I shudder at the thought of thousands of patriotic Sikhs not only in Delhi but in the whole country and residing in different parts of the world, being left with the bitter feeling of justice denied.

The writer is a former joint director, CBI