Army seeks privilege before Srikrishna

EXPRESS NEWS SERVICEMUMBAI, November 21: The army has taken strong exception to the Srikrishna Commission for demanding from it certain doc...

EXPRESS NEWS SERVICEMUMBAI, November 21: The army has taken strong exception to the Srikrishna Commission for demanding from it certain documents detailing its movements during the communal riots in Mumbai in 1992-93. However, Justice Srikrishna insisted that the documents be produced before the commission as it comes under the terms of reference of the inquiry commission.

The counsel for army B R Dhaiwala said the commission8217;s demand goes beyond its jurisdiction, hence it is not binding on the army to submit the documents. The counsel argued that by seeking the documents the commission is enlarging its scope of reference. He also said since the commission was appointed by the state government, the army was not bound to it.

The commission had requested in July that certain documents in the army8217;s custody be produced. The joint-secretary of the defence ministry took exception, saying unless it was a commission appointed by the central government, the ministry was not bound to the demand. The joint secretary also said the defence ministry would claim privilege over the documents sought by the commission. Following this, Col VPS Gussain of the Gujarat and Maharashtra Army Area filed an affidavit stating the ministry8217;s case. The commission had made the demand as there were many contradictions about the role of the army during the riots as reported by former chief ministers Sharad Pawar, Sudhakarrao Naik, former police commissioner S Bapat and former additional chief secretary Jambunathan Sriniwas Iyer. A counsel, not willing to be named, said the commission has the right to probe into the conduct of the army during the riots 8211; though it cannot pass strictures on the functioning of the army.

Counsels from different sides objected to the army8217;s contention. Rana, the counsel appearing for the commission, said the documents lie well within the commission8217;s ambit. The counsel argued since the army was helping the state police in combating communal riots, it ought to give details related to incidents in which it was also involved. Counsel Manjula Rao said some documents sought by the judge are in the custody of the state government. If that is the case, the state government is bound to produce it before the commission. The judge told Express Newsline nothing has been decided yet, and the hearing is on. The judge adjourned today8217;s case to Wednesday.