From Jal Khambata

NEW DELHI: Is the Vajpayee Government serious in the judicial
inquiry that it ordered into the killings of an Australian
missionary with his two children in Orissa? 

The question was posed on Tuesday by none else but Supreme Court
judge Justice D. P. Wadhwa himself who heads the Inquiry Commission
as he passed serious strictures on the Centre for not allowing
it to function and yet expecting its report within two months.

Janata Party leader Dr Subramanian Swamy tried to raise the
issue in the Lok Sabha but without success as the Speaker firmly
disallowed him from disturbing the House. He was trying to ask
whether Justice Wadhwa had resigned.

The first sitting of the Commission held at Justice Wadhwa's
residence six weeks after its constitution did not last even 20
minutes as he wondered if the Centre was really interested in
the inquiry as the Commission neither has a proper office till
todate nor investigating team nor adequate staff.

The judge held a special sitting at his 8 Motilal Nehru Marg
residence on Tuesday since the Government did not provide even a
conference hall for starting the public hearing and passed
orders saying "it is unfortunate that the Centre is not serious
in functioning of this Commission."

Six weeks have passed since the Inquiry Commission was
constituted on January 29 and yet it has not been able to do
anything for want of accommodation or sufficient staff. Justice
Wadhwa adjourned the hearing after directing the Centre to
provide a Joint Secretary-rank officer to liaison with the
Government latest by March 23.

"Further proceedings on receipt of communication from the
Government," Justice Wadhwa said in his order, which means a
hearing already slated at Bhubaneshwar on March 22 also stands
cancelled. 

The Commission counsel, Senior Advocate Gopal Subramanium, read
out chronological synopsis of the sequence of events to point
out how the Centre was totally non-cooperative in facilitating
the Commission to carry out its task.

It took almost 15 days for the Centre to even allot an "address"
and not actual office to the Commission to enable it to issue
the public notice inviting evidence and witnesses. On February
12, Justice Wadhwa wanted to go to Bhubaneshwar but he had to
cancel the visit since the Home Ministry did not provide flight
tickets nor did the Commission have any money to spend.

The Chairman and others ultimagtely travelled to Bhubaneshwar on
February 23, but the entire cost of travel and boarding o the
team had to be bone by Senior Advocate Gopal Subramanium since
the money was not sanctioned. 

The Commission was actually sanctioned Rs one lakh on February
15 and another Rs 10 lakhs on March 3 but it was useless since
it was an "on account" advance to the Secretary of the
Commission who is yet to be appointed.

It was pointed out that the amount so released could not be
utilised in the basence of a bank account which could not be
opened since the notification appointing Secretary to the
Commission had not been issued. It was only on March 4 that
finally the Government appointed the Secretary.

When the Commission made hue and cry, four rooms were allotted
to the Commission in the Vigyan Bhawan. When told that the
accommodation was inadequate, the Home Ministry sought to
provide more space to it at Bikaner House which the Commission
noted "is in fact a bus stand (from where Delhi-Jaipur buses
operate) and wholly unsuitable for the office and secretariat of
the Commission.

Even in Vigyan Bhawan, initially the Commission was asked to
make do with just one Room No 319 in the annexe actually
allotted to it four weeks after its constitution and it was only
a week ago that the Commission got keys of three more room Nos
322, 323 and 324. "The rooms were, however, not in a usable
condition as old furniture was dumped in them," the Commission
noted with regrets., pointing out that it requires at least 14
rooms for functioning. END.
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