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The Times of India
The Times of India
National
Rashmi Drolia | TNN

May 2013 Jheeram Valley massacre in Bastar: Chhattisgarh mulls fresh judicial probe

RAIPUR: Chhattisgarh government might set up a new judicial commission to probe all circumstances, including the conspiracy angle of deadly Maoist attack that had eliminated the state’s frontline Congress leaders at Darbha region in Jheeram valley in Bastar district in May 2013.

The move comes after Justice Prashant Mishra commission, appointed eight years ago to go into the circumstances leading to the incident, submitted its report to state Governor Anasuiya Uikey—sparking a debate over the correctness of a judicial panel handing over its report to the Governor, instead of the state government.

When asked whether the state is considering setting up a new judicial commission, the chief minister told reporters in the state capital that "the law department is examining issues related to this. The Prashant Mishra commission report could be 'incomplete' as the commission had sought extension of its tenure in September this year but hurriedly submitted its report to Governor on November 6".

The chief minister said: "The tenure of the commission was ending and it had sought further extension in September, but suddenly Justice Mishra commission submitted its report to Governor on November 6", he pointed out.

After the judicial commission submitted its report to the Governor, the ruling Congress went public questioning the correctness of a commission, appointed by the state government, submitting its probe report to the Governor and later demanded setting up a new commission for a fresh probe with a wider term of reference to probe the conspiracy angles.

On May 25, 2013, Maoists had ambushed a convoy of senior Congress leaders, who were part of the party’s parivartanyatra in Darbha area of Jheeram Valley in Bastar district, killing the then PCC chief Nandkumar Patel, his son Dinesh Patel, former LoP Mahendra Karma, former union minister V C Shukla. In all, 27 people were killed and 32 others were injured in the deadly Maoist attack that took place just six months before the November 2013 assembly elections.

Veteran lawyer Kanak Tiwari, who was advocate general for a short period after the Bhupesh Baghel government came to power in December 2018, wrote on Facebook his view about the controversy saying that it is an "extreme view" to claim that the Governor has no right to read the inquiry commission report, submitted by the judicial commission. He said the Bastar attack probe report will come up before the cabinet and the state legislative assembly and there cannot be any apprehension about it. "There is no constitutional basis for the arguments being raised against the report being submitted to the Governor", he added.

Tiwari also dismissed suggestions that it would amount to a breach of privilege of the assembly in the event of the Governor going through the report saying that this judicial commission report is not a property of the legislative assembly.

Meanwhile, a high court lawyer Sandeep Dubey has applied to the Right to Information Act (RTI) seeking copies of note sheets and relevant orders on the steps taken after submitting the report. Pointing out that there were media reports that legal opinion is being sought and further actions are being taken on this report, he requested Raj Bhawan to provide copies of all relevant documents.

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