DNA Networks moves Karnataka HC against report of Commission of Inquiry on stampede
John Michael Cunha, a retired judge of the High Court of Karnataka, had conducted the inquiry under the provisions of the Commissions of Inquiry (CoI) Act, 1952, on the terms and reference notified by the State government, and submitted the report to the government on July 11.
'Biased manner'
'The commission seems to have proceeded in a biased manner as if it is a fault-finding commission rather than a fact-finding commission, and thus report is vitiated,' it has been alleged in the petition while pointing out that a copy of the report was not given to the petitioner even though it was leaked to the media.
Finding several flaws in the 'hastily' conducted inquiry proceedings, the DNA has alleged that the entire inquiry process would be violative of the principles of natural justice and contrary to the provisions of the CoI Act, 1952, as no opportunity to cross-examine the witnesses was given to it.
'...the haste with which the respondents conducted the inquiry gives the impression that the government wanted to save its skin and that the Commission of Inquiry was a mere eyewash in order to pacify the general public and to deflect the blame from itself by making innocent persons such as the petitioner and its officials a scapegoat,' it has been alleged in the petition.
DNA, which participated in the inquiry proceedings before the commission, has also contended that it was not given a copy of the depositions of its witnesses and the other witnesses as well as the documents marked in spite of the making written request in this regard.
It has also been claimed in the petition that the commission failed to give a personal hearing as per the provisions of the Act before making any adverse remarks that could prejudicially affect reputation of any person, despite the request in this regard made by the representative of the DNA.
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