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Shah Commission of Inquiry Interim Report II

Shah Commission of Inquiry Interim Report II

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Published by Sampath Bulusu
Shah Commission was a commission of inquiry appointed by Government of India in 1977 to inquire into all the excesses committed in the Indian Emergency (1975 - 77). It was headed by Justice J.C. Shah, a former chief Justice of India.
The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India. On 23 January 1977 Gandhi called elections for March and released all political prisoners. Pranab Mukherjee was secretly facilitated for helping Sanjay for arresting high profile political opponents. In the elections held on 16-20 March 1977 Gandhi's Congress Party suffered a massive defeat at the hands of the Janata Party, which took office on 24 March 1977.
The government appointed the commission on 28 May 1977 under Section 3 of the Commissions of Inquiry Act, 1952. The commission was to report by 31 December 1977, but was later given an extension to 30 June 1978.
In May 1978, after the second interim report of the commission had been issued, some leaders of the Janata party began demanding that special courts be set up to ensure speedy trial of cases related to the emergency. Parliament eventually passed an act establishing two special courts on 8 May 1979. However, it was too late. The government fell on 16 July 1979. After Indira Gandhi returned to power in January 1980 the Supreme Court found that the special courts were not legally constituted, so no trials were conducted Several of the officials indicted by the Shah commission went on to successful careers, although on 23 June 1980 Sanjay Gandhi died in the plane crash.
Indira Gandhi attempted to recall copies of the report wherever possible However, suppression was not successful. Some people had the copies of the Report. The Commission submitted 3 reports namely the First Interim Report, the Second Interim Report and the Third Interim and Final Report. Here is the copy of the report.
Shah Commission was a commission of inquiry appointed by Government of India in 1977 to inquire into all the excesses committed in the Indian Emergency (1975 - 77). It was headed by Justice J.C. Shah, a former chief Justice of India.
The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. It is one of the most controversial times in the history of independent India. On 23 January 1977 Gandhi called elections for March and released all political prisoners. Pranab Mukherjee was secretly facilitated for helping Sanjay for arresting high profile political opponents. In the elections held on 16-20 March 1977 Gandhi's Congress Party suffered a massive defeat at the hands of the Janata Party, which took office on 24 March 1977.
The government appointed the commission on 28 May 1977 under Section 3 of the Commissions of Inquiry Act, 1952. The commission was to report by 31 December 1977, but was later given an extension to 30 June 1978.
In May 1978, after the second interim report of the commission had been issued, some leaders of the Janata party began demanding that special courts be set up to ensure speedy trial of cases related to the emergency. Parliament eventually passed an act establishing two special courts on 8 May 1979. However, it was too late. The government fell on 16 July 1979. After Indira Gandhi returned to power in January 1980 the Supreme Court found that the special courts were not legally constituted, so no trials were conducted Several of the officials indicted by the Shah commission went on to successful careers, although on 23 June 1980 Sanjay Gandhi died in the plane crash.
Indira Gandhi attempted to recall copies of the report wherever possible However, suppression was not successful. Some people had the copies of the Report. The Commission submitted 3 reports namely the First Interim Report, the Second Interim Report and the Third Interim and Final Report. Here is the copy of the report.

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Published by: Sampath Bulusu on Sep 05, 2013
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12/04/2013

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.1
.
~
I
I
,
..
SHAH COMMISSION
OF
INQUIRY
(Appointed
under
Section.3
of
the
Commissions·
of
lnquicy
Act, 1952)
'INTERIM
REPORT
.
II
APRIL
26,
1978
 
 
SHAH·COMMISSION
OF
·
INQUIRY
l
(Ap
pointed under Section 3 oftheCommissions
of
Inquiry Act,
1952)
INTERIM
R.
EPORT
II
APRIL
26,
1978
I
I
:1
 
 
CONTENTS
CHAPTER
VILI
Misuse
of
Media:
:·
CHAPTER
X
Ci1APJER
XI
(i)Translation
of
the
Congresselec.tion manifesto by
AIR
and
DAVP
Translators
(ii)
Design
of
election posters
for
Shri
V.C.
Shukla
by
the
Artists
of
the
DAVP(iii)Harassment
of
Shri Kishore
Kumar,
Playbacksinger,by
I
&
B
MinistryCases
of
Misuse
of
authority
in
theIncome
Tax
Department
:(i) Search
and
seizure
operations
against
Baroda
RayonCorporation
(ii) Search
and
seizure
operation
in
the
case
Of
Bajaj Group
of
Companies(iii)Specialinstructionsrelating
to
Maruti
Ltd.import
of
aircraft
by Shri Dhirendra
Brahamchari
of
Aparna
Ashram
and
related
matters
Arrests m1dDetentions inDelhi :Gen
era
lAspectsSpecific cases(i) Detention
of
Shri Mam
Chaud,S
/o
Shri
Malkhan(ii) Detention
of
Dr.
Karunesh
Shukla
(iii)
Detention
Of
Shri
Virendra
Kapoor
(iv)
Detention
of
Vaid Gu.tu
Dutt
,
(v)
Detention
ofShriPr
abir
Purkayastha
(vi)
Use
of
MfSA against
ordinary
criminals
,.
(vii) Use
of
MlSA
againstviolators
of
Delhi
Administration(Display
of
Prices
of
Articles) Orders,
1975
CJl/\l'Tf.I\
Xll
CH/\l'll!l\
XI
1
CHAPTER
XIV
·Spccilic
ca
ses
of
Misuse
Of
authority :
ti>
Requisitioning
of
Vishva Yuvak
Kendra
Building, Delhi
I
(ii) Appointment
of
Shri
V.
S.
Shrivastuv
as
Chairman,Delhi
Tran
spor
t
Corporation
(iii)
Hara
ssment
of
M/s. Pandit Brothers·,,D..:molitions iu Delhi :
(i)
General •
tiiJ
Demolitions.in BhagatSinghMarket (iii) Demolitionsin
SultanpurMaz
ra(iv) Demolitions
in
Jahangirpur;(v) Demolition
of
AryaSamaj
Mandir
(vi)Demolitions
in
Turkman
Gate
(vii) DemolitionsinSamalkha(viii)
Dem
olitions
jo
Kapas Hera
(ix) Demolitions·in
ArjJn
Nagar
(x) Dernolitions
in
Karol
Bagh(xi)Demolitions
in
Andheria
Mor
(xii) Conclusions (i)
TurkmanGate
Firing
..
..
(ii)Pressurising Magistrates
to
sign
and
pr
e-
date
the
firfog
order
,
CH.Al'
mil
XV
.General Observations
(i)
PAGES
l-6
6-8
8-r9
'10-15
15-17
17-19
20-31
32-47
47-49
49-51
51-54
54-56
56-59
59-61
·
61-62
·
63...:...68
.-~
r,i_
1k
-
71:
',
76
77-8686-89
89-92
92-94
94-96.
96-101
.101-102
103-108
108-113
P3-115
115-118
118-119
120--138
138-139
140--147

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