The action taken report (ATR) that was presented in parliament with copies of the Liberhan Commission report does not recommend punitive action against any of the 68 accused of demolishing the Babri Masjid. It, in fact, deals mainly in generalities. The ATR holds certain individuals and organisations responsible for the demolition and for bringing “the country on the brink of communal discord”, but promises little decisive action from the government.
While the government has either accepted most Liberhan suggestions or agreed to have them examined, it has also rejected some that are controversial in nature and are in conflict with state procedures and the established structure of Centre-state relations. The rejected or cleverly sidestepped recommendations include banning a government “which is formed on the premise of religion or has religious issues as its agenda”.
Liberhan has also recommended that incorporating a religious agenda in an electoral manifesto or promise be made an electoral offence and should incur summary disqualification of the individual and the political party, but the government only says the matter needs to be “examined further”.
It also disagrees with the recommendation that a statutory national commission of experts be formed to ascertain whether a structure is a temple or a mosque, provenance of historical monuments, artifacts, etc. The government points out that in its mandate, the Archaeological Survey of India “is to undertake archaeological studies and the preservation of archaeological heritage of the country. Hence, it is not necessary to appoint another commission and it would suffice to strengthen the functions of ASI”.
The 13-page ATR is benign in nature and talks of the government’s intention to bring a legislation, the Communal Violence (Prevention, Control, and Rehabilitation of Victims) Bill, to curb communal discord and violence in future. It makes a note of the commission’s suggestions on civil services, riot-control, intelligence agencies, Centre-state relations, religious and cultural sites and the media and lists action taken on these.
Significantly, in response to the commission’s recommendation in favour of a separate law providing for exemplary punishment for those misusing religion or caste for political gains, the ATR confines itself to saying that steps will be taken to expedite the hearing of cases and provides status of criminal cases pending in various courts with regard to the demolition.
It accepts the commission’s recommendation that political leaders holding constitution positions, especially cabinet positions, etc, should not hold offices in religious organisations, but indicates that it is for the election commission to implement this.
The ATR is at variance with the assertion made by law minister Veerappa Moily and Congress spokesman Abhishek Manu Singhvi, who promised action against those held culpable by the commission.
“Taking steps on a very important report like this will have to be the topmost priority. Each ministry will have to work on it,” Moily said, while Singhvi said the report “will become the basis for further investigations and if new details emerge, a supplementary charge sheet will be filed”. The ATR takes note of the commission’s recommendation that there should be a permanent tribunal to deal with complaints against individuals and the media, but leaves it to the I&B ministry and the ministry of law to examine the desirability and feasibility of establishing such a tribunal or regulatory body.
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