Poll code may upset Congress’ Gujarat Snoopgate maths

NEW DELHI: Even as the government is yet to finalize a judge to head the Snoopgate commission of inquiry, approved by the Union Cabinet over a week ago, there appear to be practical complications in bringing out the panel's findings ahead of the Lok Sabha elections.

Given the electoral implications of any adverse findings against BJP's prime ministerial candidate Narendra Modi, allegedly the "saheb" behind the snooping on a woman in Gujarat, the UPA government has set a three-month term for the commission of inquiry to give its report. However, were the probe to start immediately and completed within the deadline, the report will reach the government only in April, when elections would either be underway or about to begin.

According to the Commission of Inquiry Act, 1952, the report of a commission of inquiry has to be tabled in Parliament within six months of its submission to the government, that too with the action taken report (ATR). So, even if the panel's report were to be submitted to the government on time, the Union home ministry will have to examine the findings and prepare its ATR. This will obviously take some time, and the report and ATR may be placed in Parliament only under the new dispensation.

There is yet another roadblock. By the time the findings are out, provided the commission completes its probe on time, the model code of conduct would have already come into play.

With indications from the Election Commission pointing to announcement of the general election in early March, BJP or any other party will have the option of requesting the EC to restrain the government from publicizing findings of the panel in the midst of the electoral process, citing their political implications and potential to disturb the level playing field.

Senior officials in the poll body, when contacted by TOI, did not rule out giving such a restraining order. This practically means that the findings won't reach the public until after the polls, thus defeating Congress' hopes of "embarrassing" Modi on election eve. However, there is always a likelihood of the report being accessed by a section of the media.

The Union cabinet had, at its meeting on December 26, approved setting up of a commission of inquiry — to be headed by a retired Supreme Court judge or a former Chief Justice of a high court — to investigate the alleged snooping of a woman by the Gujarat police, directed by then state home minister Amit Shah at the behest of one 'saheb', believed to be Modi.

The panel would also probe the unauthorized interception carried out by the erstwhile Prem Kumar Dhumal government in Himachal Pradesh and the illegal accessing of call data records of leader of opposition in the Rajya Sabha Arun Jaitley in Delhi.