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HC issues notice to govt on Kalyan's plea

The Delhi high court on Tuesday asked the home ministry, the Uttar Pradesh state government and the Liberhan Ayodhya commission of inquiry to explain their positions on a petition filed by former state chief minister Kalyan Singh, seeking to quash a bailable warrant against him.

On July 27, the commission had issued a bailable warrant against Singh and said he must appear to explain the circumstances leading to the demolition of the Babri Masjid in Ayodhya and security lapses which led to the December 6, 1992 event.

On August 17, Singh moved the court questioning the commission's power to summon those as witnesses who have been issued notices in criminal proceedings by the Allahabad high court.

Justice Manmohan Ssarin said the replies must be filed by August 29.

The former chief minister is among the main accused. His counsels M N Krishna Mani and Ajay Agarwal said that Singh cannot be compelled to appear before the commission as criminal proceedings were on in Lucknow.

The Centre has examined three witnesses. Several others are yet to be questioned. Over nine years have passed and the commission's proceedings are still in progress.

Mani told the court that the commission's order compelling Singh to give evidence and subject himself to cross-examination was in gross infraction of his constitutional rights under Article 20(3). Also, it was contrary to the July 23, 1996 ruling of the Delhi high court, he said.

The Liberhan commission is slated to assemble on September 4. Justice Sarin said he will dispose of the petition before that.

Apart from other witnesses, almost all top officials in Uttar Pradesh have appeared or deposed before the commission. They include former chief secretary V K Saxena, former director generals of police S V M Tripathi and Prakesh Singh besides the then head of state intelligence and additional DGP S N P Sinha.

Cabinet secretary Prabhat Kumar, who was then principal secretary (home) in Uttar Pradesh, has also appeared twice before the commission.

''The absence and non-cooperation of Singh becomes all the more obvious in this context,'' the commission has said. ''He has chosen not to appear despite having publicly evinced keen interest in the proceedings and having publicly asserted in the media that there was a conspiracy to demolish the disputed structure in Ayodhya,'' the commission said.

UNI

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