GOVERNMENT
MHA: Annual Report 1995-96 (Salient Extracts)
Ayodhya Issue-Revived Title Suits
2.1 The Supreme Court vide its judgement dated 24 October 1994 in the proceedings relating to the validity of the acquisition of Certain Area at Ayodhya Act and the maintainability of the Presidential Reference had upheld the validity of the Act, but for the provisions relating to the abatement of the pending suits, which stood revived.
In compliance with the above-mentioned judgement, appropriate arrangements have been made for maintenance of the status-quo in the disputed areas and management of the acquired property.
2.2 Following the Supreme Court judgement, proceedings in all the revived pending title suits resumed before the Special Full Bench of Allahabad High court at Lucknow since December 1994. Parties to these title suits filed a number of applications for amendment of plaints and impleadment of Union of India/Authorized Person therein. The Union of India opposed the move for its impleadment. The Hon'ble High Court allowed some amendments to the plaints but rejected the prayers for
impleadment and held that Union of India is not necessary party in the pending suits. The hearing in these suits is continuing CBI Investigation into RJB-BM demolition case
2.3 The CBI which had been entrusted with the investigation into the offences connected with the demolition of the RIB-BM structure on 6 December 1992 had filed a combined charge sheet against 40 persons before the Special Court at Lucknow. The Special Court has passed the committal order against all the accused and sent the case to the Court of Special Additional Sessions Judge, Lucknow for trial and proceedings. The matter is thus subjudice. In the meantime, the CBI, with due permission of the Court, has conducted further investigations in the case and has filed supplementary charge-sheet before the Special Additional Chief Judicial Magistrate, Lucknow against 9 more persons on 18 January, 1996.
Liberhan Ayodhya Commission of Inquiry
2.4 Proceedings before the Liberhan Ayodhya Commission of Inquiry set up to enquire, inter-alia, into the sequence of events leading to the occurrences in the RJB-BM complex at Ayodhya on 6 December 1992 continue. The Central Government has produced extensive material before the Commission on its term of reference. The evidence of Central Government closed on
28 October, 1994. Subsequently the Government of UP was asked by the Commission to lead evidence it, however, led no evidence. Thereupon, the Commission directed certain officers of the Government of Uttar Pradesh to file affidavits and records relating to the subject matter of inquiry, which they did.
2.5 On the basis of the evidence of Central Government and other records with the Commission, the Commission issued section 8B notices to 41 persons and five organizations viz., Bharatiya Janata Party, Rashtriya Swayamsevak Sangh, Shiv Sena, Vishwa Hindu Parishad and Bajrang Dal. Most of the notices submitted relevant material/evidence on the basis of which Section 8B notices have ben issued to them. The Commission rejected these applications. Some of the notices have filed petitions in the Delhi High Court and the Lucknow
Bench of Allahabad High Court challenging the order of the Commission; the matters are pending before the Courts.
Banning of Communal Organization
2.6 Vishwa Hindu Parishad (VHP) was declared as an unlawful association vide notification S.O. 41(E) dated 14.1.1995, under the provisions of the Unlawful Activities (Prevention) Act, 1967 (the Act). An Unlawful Activities (Prevention) Tribunal, presided over by Shri Justice K. Ramamoorthy, a sitting Judge of Delhi High Court, was constituted to adjudicate whether there was
sufficient cause for declaring this association as an unlawful association. The Hon'ble tribunal vide order dated 20.6.1995 has cancelled the notification declaring VHP as an Unlawful Association. The Government has filed SLP in the Supreme Court on 7.8.1995 against the judgement of the Tribunal and SLP has been admitted. No date for hearing has been fixed as yet.
National Integration Council
2.7 A meeting of the Standing Committee of the NIC was held in August, 1995 to discuss Kashi Vishwanath Temple-Gyanvapi Mosque at Varanasi and Krishna Janma Bhoomi-Shahi Idgah Mosque (KJB-SIM) Mathura issues.
2.8 The Government of India has been giving every year financial assistance to eligible voluntary organizations to promote national integration and communal harmony to achieve the objectives contained in the declaration of the meeting of National Integration Council, 1968.
Terrorist and Disruptive Activities (Prevention) Act
2.13 Terrorist and Disruptive Activities (Prevention) Act, 1987 was allowed to lapse on 23rd May, 1995. However, keeping in view the reach, size and magnitude of terrorist violence in India and the aid, assistance and connivance from across the border to the anti-national elements, the Government introduced the Criminal Law Amendment Bill, 1995 in the Rajya Sabha. Efforts are being made to reach a consensus. As per the directions of the Supreme Court the Central Government as well as State Governments have constituted Review Committees, The meeting of these Review Committees are being held periodically, and each and every case is being reviewed periodically. The cases involving terrorist violence are being registered under the relevant provisions of IPC and other Acts in absence of TADA.
Human Rights
3.1 Government of India have been following a policy of complete transparency in human rights matters. To this end, Government have facilitated visits of a number of foreign Parliamentarians, Diplomats and Journalists and Tourists to various parts of the country particularly the States of Punjab and Jammu & Kashmir.
3.2 A Memorandum of Understanding was signed between Government of India and International Committee of Red Cross (ICRC) on June 22, 1995 to provide access to ICRC to jails and detention centres in Jammu & Kashmir. In pursuance of this MOU, ICRC visits to the jails and detention centres has commenced on October 30, 1995.
3.3 Considerable stress is being laid on human rights by the Central Para Military Forces in the syllabi of their training capsules. Joint seminars/training programmes are also being organized by the Central Para Military Forces in collaboration with ICRC and NHRC. So far the Border Security Force has organized six seminars and workshops in collaboration with the ICRC
3.4 During the current year till January 1996, the National Human Rights Commission has registered 7898 complaints of alleged human rights violations. During this period, 3657 complaints have been rejected in limini as not concerned with human rights and 1012 disposed of with directions. The Commission admitted 2958 cases for inquiry during this period. A total of 621 cases have been concluded during this period.... With a view to promote human rights literacy in the country, the Commission is having continuous dialogue, with the Ministry of Human Resource Development, NCERT, UGC, IGNOU and AICTE for inclusion of human rights as a subject in the educational curricula at school, college and university levels. The Commission has organized a seminar on Human Rights Education on 16.2.1996 at New Delhi jointly with the Canadian Human Rights Commission. The Commission is also evolving a model training syllabus for the training of police and security force personnel in consultation with Directors General of Police of States. The Commission is also focusing its attention on matters relating to prison reforms. Other major areas engaging the attention of the Commission are custodial death, rape and torture; problem of the child abuse; bonded labor and rights of women.
Rapid Action Force
5.5 RAF was raised in December, 1991 to deal with communal situations in a non-partisan and objective manner and to render succor to innocent victims ravaged by riots. In a short period, RAF has established its secular image.
Foreign Contribution
During the year 1995, 871 associations were registered under the provisions of Section 6 of the said Act and prior permission were accorded to 529 associations. Three associations have been prohibited from accepting and utilizing the foreign contribution and in the case of another three associations, prohibitory orders were revoked after reappraisal of their performance and rectification of deficiencies to the satisfaction of the competent authority. Three registered associations, who have been found to have contravened the provisions of the said Act and Rules framed thereunder have been required to accept any foreign contribution only with the prior permission of the Central Government, in future.
Government Statement on Cross-border Terrorism by Pakistan
New Delhi, 29 February, 1996
It is no surprise that Pakistan has chosen to reject our closely documented protest against growing incidents of cross-border terrorism/narco-terrorism.
Furthermore, Pakistan has made completely baseless, false and malicious accusations about India's support to certain groups in Pakistan. Such a response is in keeping with Pakistan's policy of denying its support for efforts to spread terror and disorder in India while, at the same time, vigorously aiding and abetting groups engaged in such activities.
We have through our aide memoire drawn Pakistan's attention to the infiltration of terrorists and the dispatch of arms, ammunition, explosives and narcotics into India. The Indian authorities have discerned a marked increase in the tempo of such Pakistani activities over the past six months. Some specific cases were brought to Pakistan's notice.
Pakistan cannot move the spotlight away from the path of confrontation and hostility it has pursued against India. Having failed in its designs in Punjab and with the tide having turned against its endeavors in Kashmir, Pakistan has stepped up its effort to promote narco-terrorism, subversion and violence by pushing arms and ammunition to disaffected and extremist element in India. Such activities must cease immediately.
India will take all necessary steps to defend its interests and its security.
