GOVERNMENT

Ministry of Home Affairs: Annual Report, 1995-96 (Extracts)

During the year under report, the law-and-order situation, by and large, remained peaceful and under control except for the extremist and secessionist activities in Jammu & Kashmir and in the North Eastern region. Difficulties were also experienced by the law and order enforcing agencies in handling the externally inspired and sustained militancy and terrorist violation in these two regions.

Following the Supreme Court judgement on the validity of the Acquisition of Certain Area at Ayodhya Act, proceedings in all the revived pending title suits resumed before the special Full Bench of the Allahabad High Court at Lucknow. The hearing in these Suits is continuing.

The declaration of the Central Government banning the Vishwa Hindu Parishad as an unlawful association was cancelled by the Unlawful Activities (Prevention) Tribunal vide their order dated 20.06.1995. The Central Government have filed a Special Leave Petition against the order of the Tribunal before the Supreme Court.

On the Human Rights front, Government continued to follow a multi-pronged strategy. The strategy includes prompt legal action against officials involved in Human Rights violations. In the international arena, the policy of total transparency was followed. Special emphasis was laid on the training aspects of the Police and para-military forces and Human Rights has also been included as a subject in the syllabus of the National Police Academy, Hyderabad.

The National Human Rights Commission constituted in October, 1993 continued its work with vigor and purposiveness. The investigation division of the Commission has commenced its own investigations since 1.4.1994. 70 cases have been investigated besides monitoring investigations in 706 other cases. The Commission accorded high priority to the elimination of child labor in hazardous industries and bonded labor in the country. The Commission is closely monitoring the implementation of the project designed to eliminate child labor in the glass industry in Firozabad.

The State of Jammu & Kashmir was brought under President's Rule on 18th July, 1990. Due to continued violence in the State, the President's Rule had to be extended from time to time. The question of holding elections in the State was considered by the Government of India and a decision was taken on 4th November, 1995 to hold elections to the State Assembly in December, 1995. The Election Commission, however, took a view that the time was not yet conducive to the holding of free and fair elections in the State. The President's Rule in the State was, therefore, further extended for a period of six months up to 17th July, 1996,

The question of holding of elections came up again in the context of General Elections in the country. After consultations with the State Government and other concerned agencies, it was decided that elections to the six Parliamentary constituencies of Jammu & Kashmir should be held along with the General Elections in the rest of the country. Accordingly, elections to the Parliamentary constituencies were held in the State of Jammu and Kashmir in three phases on 7th May, 1996, 23rd May, 1996 and 30th May, 1996. The process of elections was completed peacefully and without any significant incidence of violence despite threats from the militants to disrupt the polls. The sizeable turnout of the voters to exercise their franchise was very encouraging.

Supreme Court Judgement on Ram Janmabhoomi - Babari Masjid Issue of Revived Title Suits

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 uphold 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 area and management of the acquired property.

Following the Supreme Court judgement, proceedings in all the revived pending title suits before the Special Full Bench of Allahabad High Court at Lucknow since 12 December 1994. Parties to these title suits field 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 a necessary party in the pending suits. The hearing in these suits is continuing.

CBI Investigation into RJB-BM Demolition Case

The CBI which had been entrusted with the investigation into the offences connected with the demolition of the RJB-BM structure on 6 December, 1992, had filed a combined charge sheet against 40 persons before the Special Court of 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 CBF, with due permission of the Court, has conducted further investigations in the case and has filed supplementary charge-sheets before the Special Additional Chief Judicial Magistrate, Lucknow against 9 more persons on 11 January 1996. The Court has taken cognizance of these additional charge sheets.

Liberhan Ayodhya Commission of Inquiry

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 RIB-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.

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 Sawayamsevak Sangh, Shiv Sena, Vishwa Hindu Parishad and Bajrang Dal. Most of the notices submitted applications praying, inter alia, to the Commission to supply relevant material/evidence on the basis of which section 8B notices had been 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 matter is pending before the Courts.

Banning of Communal Organizations

Vishwa Hindu Parishad was declared as an unlawful association on 14 January, 1995 and the matter was referred to the Unlawful Activities (Prevention) Tribunal consisting of Justice K. Ramamoorthy, a sitting Judge of the Delhi High Court for adjudication whether there was sufficient cause to declare Vishwa Hindu Parishad as an Unlawful association. The Tribunal, by an order dated 20.6.1995 cancelled the declaration. The Central Government have filed a Special Leave Petition against the order of the Tribunal before the Supreme Court.

National Integration Council

The National Integration Council has set up a Standing Committee which can be called at short notice to discuss various issues relating to National Integration. A meeting of the Standing Committee of the National Integration Council was held on 3 August 1995 under the chairmanship of the Home Minister to discuss the situation arising out of the agitational programmes launched by the Vishwa Hindu Parishad and its allied organizations in respect of Kashi Vishwanath Temple- Gyan Vapi Mosque and Krishna Janma Bhoomi-Shahi Idgah Mosque at Mathura.

TADA

The 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 the absence of TADA.

Foreigners

According to the reports received from various Missions abroad, 9.69.369 foreigners were granted visas (including 25,080 long term visas) to visit India during the year 1995. Similarly, according to reports received from various State Governments, -a total number of 1,21,923 foreigners (excluding Pak nationals) stood registered in India as on 31.12.1994 under the Registration of Foreigners Act, 1939.

During the period from 1st April, 1995 to 31st March, 1996, 138 foreigners were granted Indian Citizenship by registration under section 5(1)(a) and 5(1)(d) of the Citizenship Act, 1955, 66 foreign nationals married to Indians were granted Indian Citizenship under section 5(1)(c) of the Act; 16 foreigners were granted Indian Citizenship by naturalization under section 6(1) of the Act; 2 persons were registered as Indian Citizens under section 5(4) of the Act and 1 under section 5(1)(e); National status of 64 persons was determined under section 9(2) of the Citizenship Act, 1955.

Foreign Contribution

During the period from 1.4.1995 to 31.3.1996, 1,297 associations were registered under the Foreign Contribution (Regulation) Act, 1976. Prior permission for acceptance of foreign contribution was granted in 600 cases. Applications of 1,000 persons, seeking prior permission for acceptance of foreign hospitality were disposed of during the period from 1st April, 1995 to 31st March, 1996.

Kabir Puraskar

The awards for the year 1994 were announced on 2nd October, 1995. Four persons have been selected for the Kabir Puraskar - Two for Grade-I and the other two for Grade-II.