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Justice K.K. Gupta penal findings
editorial
8/29/2006 7:06:27 PM




Justice should not only be administered, but it should also appear of
being administered is a popular old dictum. Findings of any commission
of enquiry, appointed to reach the bottom of the truth must instill
confidence among the concerned parties, to address to whose grouse the
enquiry is ordered. Evaluated from this yard stick, the findings of
Justice K.K. Gupta enquiry commission into the allegations of
tampering with the snow lingam of Bhagwan Shiva at the sanctum
sanctorum in the Amarnath cave shrine has not served the desired
purpose. Firstly, the allegations of tampering with the snow lingam
were mainly against the Shri Amarnath Shrine Board, which has the
State Governor as its Ex-officio Chairman. Thus indirectly it was
State Governor General S.K. Sinha, who as the head of SASB was in the
dock. Hence any enquiry commission appointed by him could not inspire
the confidence among the public at large, particularly the ardent
devotees of Bhagwan Shiva, whose sensitivities were hurt with the
tampering. Then, if at all the enquiry had to be ordered by the
Governor, the person or persons appointed to conduct the enquiry
should have been those commanding reputation of their being
independent and not vulnerable to any influence or pressure from any
quarter, so that the findings in the matter could generally be
believed to be impartial. Justice K.K. Gupta does not fall in the
category of former judges who enjoy the reputation of their conduct
and judgment always being above board and not influenced by extraneous
considerations. In the circumstances, the findings of the commission
absolving the SASB of any responsibility for tampering with the shiv
lingam and pointing the needle of suspicion for creating artificial
snow lingam towards the priests of Mattan has further widened the
controversy rather than setting the same at rest. One may not agree
with the out and out uncharitable remarks of J&K Shiv Sena Chief,
Annan Kumar Sharma, whose staunch Hindu organization has rejected the
findings, that "it was an enquiry by the guilty, of the guilty and for
the guilty, yet the lurking controversy over the findings by Justice
K.K. Gupta can not be brushed aside has sheer cynicism. This is also
is true that the findings of no enquiry panel having persons of proven
integrity can satisfy all the parties. Yet it should leave least scope
for pointing accusing fingers on the motive of the members on the
enquiry panel, casting doubts on their intentions Justice Gupta's
enquiry commission has left many important questions in the matter
unanswered and has drawn some conclusions on the basis of surmises the
priests of Mattam, who allege that they have been escape goat in all
probability will be going to knock at the door of judiciary at the
higher level for their names to be cleared from the list of offenders.
In the process SASB will be again put in the dock, where it shall have
to come clear of its involvement in the bungling. Hence the
controversy over the matter will continue for some more time to come.
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