Mahanta asks Supreme Court to stop Gogoi’s ‘witch hunt’

NEW DELHI: Alleging that the Tarun Gogoi-led government was indulging in a political vendetta on the issue of alleged “secret killings” of innocent persons by the security forces between 1998-2001 in Assam, former chief minister PK Mahanta has told the Supreme Court that an explanation be sought from the present government for its contradictory stand in the court. In an affidavit filed in the apex court, Mr Mahanta has said that the constitution of yet another commission of inquiry, which is probing the alleged secret killings, is illegal.

The former chief minister has said that the apex court is looking into the issue of whether courts can order a CBI inquiry without the consent of the state government, and till a decision is given the plea for a CBI inquiry into the alleged killings should be deferred. Mr Mahanta, in his affidavit, said that on January 2, 2007 the state government, in an affidavit, had informed the apex court that “there has been no case of secret killings nor was there any connivance of the former chief minister of Assam Mr P K Mahanta with the central government for carrying out the alleged secret killings”. But the government on January 11 filed an additional affidavit in which it resiled from its earlier stand. It also did not disclose the reason for filling an additional affidavit.

“I say that an explanation be sought from the state of Assam for filing contradictory affidavits on oath before this honourable court,” said Mahanta. The shift in the stand of the state government makes it apparent that it is unworthy of any credence, he said. The former chief minister in his affidavit alleged that the constitution of such commissions of inquiry was an attempt to draw political mileage: “Commissions of inquiry have been set up by the ruling Congress government to gain political mileage and the ruling party is leaving no stone unturned to malign my reputation.”

“Till date, the state of Assam (under the present government) has appointed 3 commissions of inquiry only with a view to harass and humiliate me,” said Mr Mahanta. The former chief minister contended that the constitution of yet another commission of inquiry under Justice K N Saikia with wide terms of reference to inquire into “any instance of killings” is illegal.

The present state government, after assuming power, continued with the Justice S Haque commission of inquiry which was constituted by Mahanta. But shortly afterwards, the government appointed the Justice Meera Sharma commission of inquiry—but Mr Sharma resigned on personal grounds. Thereafter, the government appointed another commission headed by a retired judge of the Guwahati high court Justice J N Sharma.

But when the “Justice Sharma commission did not find any credible material/evidence regarding my involvement in the alleged secret killings, its report was discarded by the government and by a notification dated Aug 22, 2005 Justice Saikia commission of Inquiry was constituted,” said Mr Mahanta. The affidavit also said that the plea of direction for a CBI inquiry into the alleged secret killings in the state is a subject matter of reference to a five-judge constitution bench of the apex court, and such a direction shall not be granted till a decision is taken on the issue.

An NGO, Aalok, had moved the apex court seeking a CBI inquiry into “secret killings” while alleging Mahanta of conspiring with the erstwhile NDA government at the Centre to get 265 “innocent” Assamese civilians murdered by unidentified assailants.

The NGO claimed that Mahanta, who was then the president of the Asom Gana Parishad as well, confessed during a party meeting that his government ordered the “secret killings” at the behest of the Union home ministry. The NGO attached a newspaper report in support of its claim.