Somashekar Commission Report: An Effort to Please All Petitioners
Fr. Francis Assisi D’ Almeida, Advocate/Legal advisor
and Director Legal Cell, Diocese of Mangalore
Mangalore, Jan 29:
The terms of reference for the Commission of Inquiry were:
(i)To inquire into the sequence of events and circumstances leading to attack on the places of worship and incidents thereafter which occurred during the month of September 2008 in Dakshina Kannada and other districts of Karnataka
(ii)To identify persons and organizations responsible for the above incidents;
(iii)To ascertain whether there was any negligence or lapses on the part of district administration in dealing with the situation
The Final Report of the Somshekara Commission does not do justice to the terms of reference of the Commission. When the Commission was constituted to go into a matter of public importance, the key question on the minds of the public was the answer to the questions of why the attacks happened, who was behind it as well as the question of the responsibility of the state government for the attacks.
It is deeply disappointing that a Commission after working for two years has no strong conclusions on these points. Whatever points the Report makes seem to be self contradictory and appear to be made with a view to pleasing all parties.
On the fundamental question of who was behind the attacks, the Commission finds that , 'there is no basis to the apprehension of Christian Petitioners that the politicians, BJP, mainstream Sangh Parivar and State Govt., directly or indirectly, are involved in the attacks.' However later on the Report observes, 'the plea of many Christian memorialists for taking action as per law against Mr. Mahendra Kumar, the then Convenor of Bajrangdal who publicly sought to justify the attacks on Churches is totally justified.' The Report then goes on to note that, 'the plea that the organizations like Bajrang Dal needs identification and registration for legal control deserves acceptance'
One is unable to reconcile the categorical finding of the lack of involvement of 'mainstream Sangh Parivar' in the attacks with the finding of the responsibility of both Bajrang Dal and Mahendra Kumar. One is only forced to conclude that Bajrang Dal is not ‘mainstream Sangh Parivar' contrary to the assertions of the leaders of the RSS themselves. Further it seems from the conclusions of the Commission that Mahendra Kumar was behind the attacks as a Convenor of the Bajrang Dal, but the Bajrang Dal itself is not a mainstream Sangh Parivar outfit. This wilful blindness to existing facts about the Sangh Parivar and the linkages between the Bajrang Dal, VHP and RSS so ably pointed out by the Liberhan Commission undermines the credibility of the entire report.
On the question of state responsibility once again the Report concludes that, 'the impression and allegation that the top police officers and the district administration had colluded with attackers in attacking the church or places
of worship had no merit.' The Report also in the face of all evidence before it shockingly concludes that , 'the police action against the Christian protestors in several incidents were justified except at St Sebastian Church, Permanur, unexplainably excessive and unreasonable and is in violation of the expected norms prescribed. But the same cannot be generalised for all police actions at different locations.' However in the very next Para the Report states, 'it was imprudent, unreasonable and inexperienced act on the part of the police to enter into the premises of some churches in Dakshina Kannada without following legal requirements amounting to violation of religious interests and human rights protected under the Constitution of India.' The Report also states, 'the impression created incidentally that due to the alleged excesses of the police during the lathi charge etc in Dakhina Kannada incidents the innocent people like children, women were also victimised unjustifiably is true in a few instances noted in the report categorically.'
As such the Report has completely failed in establishing the 'truth' with respect to the church attacks and uncovering the role of the Sangh Parivar inspite of ample evidence before it. The faith reposed by the Christian community that justice would indeed be served has been belied by a mediocre report shot through with inconsistencies and contradictions.
Specifically at Dakshina Kannada:
The report accepts out rightly that there were attacks on Christian worship places and Prayer Halls especially in Dakshina Kannada but fails to pin point the particular group behind this attack. Report speaks that “the true Hindus have no role to play in any attack directly or indirectly, but the attacks are indulged in by misguided fundamentalists’ miscreants of defined or undefined groups or organizations against Christians and Christianity who have mistakenly presumed that they would be protected by the party in power with their policies at the relevant time”. The Commission is silent about those miscreants and their identity.
The commission tries to justify the excessive use of force by the police on children and women at Kulshekhara church, vamanjoor church etc, by saying that “The police action against the Christian protestors in several incidents were justified except at St. Sebestian Church, Permannur unexplainly explainably excessive and unreasonable and is in violation of the expected norms prescribed”. At the later stage the commission itself accepts that “The impression created incidentally that due to the alleged excesses of the police during the lati
charge etc., in Dakshina Kannada incidents the innocent people like children, women were also victimised unjustifiably is true in a few instances noted in the report categorically”. It is clear from this point that the excessive force used by the police is not only at Permannur but other places also.
Though the Christian memorialists at Dakshina Kannada have placed sufficient material before the commission about the derogatory material circulated by the fundamentalists group at Dakshina Kannada against the Christians and their God before and after math of the attack, still the commission has not taken into consideration these things. But only upholds that “The allegations and impressions given to the members of the Hindu religion that Christians are indulging in mischievous activities by commercialising or inducements and by using their literature maligning the Hindu Religion, Hindu ancient systems, Hindu sacred beliefs and sentiments appears mostly probable and true at some locations” Though there is ample evidence before the commission to show the failure of the District administration and the Police department during the untoward incident, the commission failed to take note of it and to give fair justice.
Along with other reliable evidence on record and specially the then S.P of Dakshina Kannada, Mr. Satish Kumar in his cross examination clearly said that the attack was done by the ‘Bajarangdala’, the commission failed to give finding against the bajarangdal.
As a Coordinator of the advocates who appeared before the commission on behalf of the Christians of Karnataka State and also placing my arguments before the commission, I find that the report is very naive, an effort to please all the petitioners and not exactly to give the justice to those who are unjustly victimised by the law breakers.