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Indian Express
4 days ago
- Politics
- Indian Express
Emergency, 50 years on: The Sanjay gang, and what Shah Commission said about them
To investigate the widespread abuse of power during the Emergency from 1975 to 1977, the then newly elected Janata Party government headed by Prime Minister Morarji Desai appointed a commission of inquiry under former Supreme Court Chief Justice J C Shah in May 1977. The Shah Commission submitted its findings in 1978 in a report that detailed the alleged misuse of power by politicians and bureaucrats, particularly those considered close to former PM Indira Gandhi's son Sanjay, during the Emergency. Since the panel had been solely tasked with fact-finding as per the Commissions of Inquiry Act, 1952, it meant it was not authorised to take any action of its own accord. Only the government could decide how to proceed with its findings, and after the Indira Gandhi government came to power, the report was quietly buried. Days after the Narendra Modi government returned for a third term in power last year, a demand was made in the Rajya Sabha to table the Shah Commission report. A look at the key figures who came under the Commission's scanner. Sanjay Gandhi was one of the six people against whom the Shah Commission ordered the filing of complaints, for refusing to take oath or give evidence under oath in different cases. The Commission ordered cases against Sanjay in five matters – alleged harassment of a firm; demolitions in Kapashera, Andheria Morh, and Karol Bagh in New Delhi; and for reportedly pressuring magistrates to sign a backdated order in case of the police firing at Turkman Gate in April 1976. As per the Commission, Sanjay initiated the demolitions in Kapashera and other villages located along the Delhi-Gurgaon road, as he reportedly saw these structures as 'eyesores' that he encountered en route to the Maruti factory he had helped establish in Haryana. The firm that the Commission said had faced Sanjay's ire was 'Pandit Brothers', with its manager and the two partners arrested. The Shah Commission report quoted Delhi Lieutenant-Governor Krishan Chand as saying that sales tax and price tag raids were initiated on the firm under Sanjay's orders. Nikhil Chakravarty, the then editor of the weekly Mainstream, told the Commission that the Union Information and Broadcasting Minister during the Emergency, V C Shukla, told him that articles critical of Sanjay were not permitted. When Chakravarty refused to give assurances that his outlet would comply, 'pre-censorship' orders were imposed on Mainstream. Shukla, however, told the Commission that he 'merely advised' Chakravarty and any action taken against the editor or the publication 'had nothing to do with the acceptance or otherwise of my advice'. S C Bhatt, the then Director of All India Radio's (AIR) News Services Division, told the Commission that throughout the Emergency, the government 'policy' was to play up the speeches of Mrs Gandhi and Sanjay. Bhatt said 'written and unwritten instructions' were frequently received by AIR from Shukla himself, who justified the publicity to Sanjay on the grounds that even private media was paying close attention to the Congress leader at the time. The Commission also summoned Shukla in a case linked to 22 employees of the AIR and Directorate of Advertising and Visual Publicity (DAVP) being engaged in February 1977, after the elections had been called, to translate the Congress manifesto into 10 languages, allegedly on Shukla's instructions. He denied he was behind the orders. The Commission concluded that Shukla had 'violated the basic norms of administration'. Shukla was also named in the Commission's inquiry into the 'harassment' of famed playback singer Kishore Kumar, for refusing to cooperate with the government. The Commission said Shukla was 'responsible for the various disabilities inflicted on Kishore Kumar'. The Commission ordered filing of complaints against then Haryana Chief Minister Bansi Lal for refusing to take oath or give evidence under oath in the detention cases of Murlidhar Dalmia, M L Kak, Pritam Dutta, Ishwar Lal Chowdhary and Pitambar Lal Goyal. Dalmia was the chief adviser at the Technological Institute of Textiles in Bhiwani, Haryana. On November 30, 1975, the district magistrate of Bhiwani issued detention orders under the Maintenance of Internal Security Act (MISA) against Dalmia on the grounds that he was a staunch follower of the RSS, and that after the organisation was banned, he often criticised Mrs Gandhi and her government. The Commission said the evidence before it showed Dalmia was detained because of Bansi Lal's 'spite against him'. Charges on 'non-existent grounds were fabricated' to detain Dalmia, the report said, adding that Bansi Lal 'abused his authority' and continued to abuse his position after he became the Union defence minister during the Emergency. M L Kak, a correspondent of The Tribune, was detained the same day as the Emergency was invoked under MISA, also on the grounds that he was an active member of the RSS, that he had spread violent and false propaganda against the government, and that he incited the public to overthrow Central and state governments by force. Kak told the Commission that he incurred the 'dislike' of Bansi Lal because of his critical reporting on the Haryana government. Pritam Dutta, a retired Navy Commander from Rohtak, had obtained wholesale distributorship rights in Haryana for products of Khodays, a Bengaluru-based liquor company. In 1974, he declined to allot a sub-agency of Khodays's products to one Ram Chander, 'who was close to CM Bansi Lal'. The Commission found that Bansi Lal 'grossly misused' his authority in the case of Dutta. In the case of Ishwar Lal Choudhary, a district employment officer in Bhiwani, the report said he had 'incurred the displeasure' of Bansi Lal's son Surinder Singh and political secretary Mahabir Parshad for refusing to comply with their 'irregular requests' to include their nominees in lists of candidates forwarded by the Employment Exchange to employers. The Commission said the illegal detention of Choudhary illustrated Bansi Lal's 'capricious and highly arbitrary style of administration'. Pitamber Lal Goyal, an advocate in Bhiwani district, told the Commission that his father, grandfather and uncle were victims of Bansi Lal's 'relentless vendetta' during the Emergency owing to a political rivalry between their families. The Commission found Bansi Lal's conduct in this case 'reprehensible'. Swami Dhirendra Brahamchari, a yoga guru who in 1973 founded the Aparna Ashram in J&K and was known as Mrs Gandhi's yoga teacher, held considerable influence in the Congress government. In 1973, Brahamchari floated Aparna Agro Private Limited with the intention of dealing in aircraft. In March 1976, he wrote to the Directorate General of Civil Aviation (DGCA) requesting permission to keep at his J&K ashram an 'agricultural spraying aircraft' that, he said, had been 'donated' by an American company to him. The DGCA was sent two requests by him in this regard, until then Union Defence Minister Bansi Lal allegedly intervened. 'The evidence before the Commission leads to the conclusion that the initial decision to reject the proposal twice… on valid grounds of security and sensitivity of the area was subsequently changed in favour of granting the permission, though with some conditions attached, at the instance of Bansi Lal,' the Commission said. The logbook of the aircraft showed that Sanjay and Rajiv Gandhi had used it, for personal trips as well as 'practice flights' by Sanjay. In July 1976, Brahamchari requested the Central Board of Excise and Customs for an exemption on paying Customs duty on aircraft on the grounds that Aparna Ashram was a 'charitable' institution. Though Brahmachari appeared before the Commission, he refused to take oath and provide evidence in his case. 'From the evidence it is quite clear Brahamchari obtained the Customs clearance permit by misrepresenting that the aircraft was a donation, when it was in fact purchased by him… Brahamchari fully exploited his association with the then Prime Minister's house in getting the aircraft imported by misrepresenting it as a gift. He has actively abetted the subversion of established administrative procedures,' the Commission said. The Commission also made adverse remarks on the functioning of various officers, including prominent figures like Delhi Development Authority (DDA) vice-chairman Jagmohan, CID Superintendent of Police K S Bajwa, Deputy Inspector General of Police-Range in Delhi P S Bhinder, and Navin Chawla, the Secretary to Delhi the L-G. As DDA vice-chairman, Jagmohan was at the heart of demolitions in Delhi as part of Sanjay's five-point programme, including slum clearance and tree planting. The Commission noted that while 1,800 structures had been demolished in a two-and-a-half year period before the Emergency, between 1975 and 1977, 1.5 lakh structures were demolished, more than 90% by the DDA. K Raghuramiah, the then minister for works and housing, suggested to the Commission that Jagmohan was taking orders from the Prime Minister's house. 'Jagmohan grossly misused his position and abused his authority. He, during the Emergency, became a law unto himself and went about doing the biddings of Sanjay Gandhi without care or concern for the miseries of people,' the Commission said. The Commission also spoke about the 'misuse' of preventive sections of the Code of Criminal Procedure for detentions in Delhi, and noted that some MISA warrants were deliberately kept unexecuted, allegedly on the directions of Bajwa and Bhinder to SPs. Though Chawla, the L-G's secretary, had no position in the jail hierarchy, the Commission said he exercised 'extra-statutory control' in jail matters and sent instructions, including on the treatment of particular detainees. '(L-G) Krishan Chand by his various actions and inactions… appears to have abdicated his legitimate functions in favour of an overambitious group of officers like Bhinder, Bajwa and Chawla… He betrayed his trust and committed a serious breach of faith with the citizens of Delhi,' the Commission said.
News18
09-06-2025
- Politics
- News18
Bengaluru Stampede: Retired HC Judge John Michael D'Cunha Leading Probe Had Convicted Jayalalithaa
Last Updated: From the Jayalalithaa disproportionate assets case to FIR against Yediyurappa, D'Cunha has been involved in several high-profile cases The Karnataka government has constituted a one-man inquiry commission under retired High Court judge John Michael D'Cunha to inquire into the June 4 stampede at the Chinnaswamy stadium in Bengaluru that killed 11 people. From the Jayalalithaa disproportionate assets case to FIR against Yediyurappa, D'Cunha has been involved in several high-profile cases. He is currently heading inquiries into the pandemic medical procurement scam and oxygen-related deaths at Chamarajanagar hospital in Karnataka. procedural lapses and submit its report in 30 days. '…the Government, in exercise of the powers conferred under sub-rule (1) of rule 3 of the Commission of Inquiry Act, 1952, has constituted a one-man inquiry commission under the chairmanship of John Michael Cunha, retired Judge of the Karnataka High Court, to conduct an inquiry into the incident," the official notification dated June 5 said. 'The inquiry commission shall have all the powers to conduct inquiries under the provisions of the Commissions of Inquiry Act, 1952 and Code of Civil Procedure, and the government expects the investigation to be completed and a report submitted within one month," it said. The terms of reference in the notification include, to find — whether the necessary permissions, rules and procedures were followed while organising the RCB team's victory felicitation ceremony at Chinnaswamy Stadium; the causes/causers of the rush and stampede that took place; the causes/causers of the incident that led to the death of 11 people and injury to more than 50 people based on the chain of events and circumstances. Also, to inquire into the measures taken as a precaution regarding the incident and the omissions/deficiencies that may have occurred in this regard and to identify those responsible for this incident; and to inquire regarding other relevant aspects related to this incident. This inquiry commission is separate from the magisterial inquiry that has been ordered, and shall conduct a parallel and comprehensive inquiry, it clarified. The Chairman of the inquiry commission, if necessary, may take steps to obtain the services of one retired IPS officer and one retired IAS officer for technical and legal assistance. The salary/allowance expenses of the concerned officers shall be borne by the government. The Director General and Inspector General of Police, shall provide the necessary staff, materials, vehicles and office and furniture/telephone etc required for the commission of inquiry. WHO IS RETIRED HC JUDGE D'CUNHA? D'Cunha, who studied at SDM Law College in Mangalore, started his law practice in 1985, and formed Manu Associates with fellow advocates Amruth Kini, M P Noronha and Ullal S K. The name 'Manu' was formed from the first letter of each partner's name: 'M' for Michael, 'A' from Amruth, 'N' from Noronha and 'U' from Ullal. In 1999, he left Mangalore to join the Karnataka High Court. In 2002 D'Cunha joined the judiciary as a District Judge. He has served in the courts of Bangalore, Bellary, and Dharwad. He also served as secretary to the Chief Justice and Registrar (Vigilance) of the High Court. D'Cunha was appointed a judge in the Karnataka High Court in 2016 and retired on April 6, 2021. HIGH-PROFILE JUDGMENTS On 31 March 2021, a bench of Justice D'Cunha refused to quash the FIR against BS Yediyurappa in a case nicknamed Operation Kamala case. D'Cunha was appointed by the Supreme Court of India in October 2013 as the fifth judge to investigate the disproportionate assets case against Jayalalithaa, replacing judge MS Balakrishna. On September 27, 2014, D'Cunha convicted Jayalalithaa, the then Chief Minister of Tamil Nadu. She was sentenced to a prison term of four years and fined Rs 100 crore. Jayalalithaa was later acquitted by the High Court of Karnataka on May 11, 2015, claiming the trial court order by D'Cunha was not sustainable. However, the Supreme Court of India reconfirmed D'Cunha's order on February 14, 2017. With PTI Inputs tags : bengaluru J Jayalalithaa news18 specials Location : Bengaluru, India, India First Published: June 09, 2025, 14:48 IST News cities Bengaluru Stampede: Retired HC Judge John Michael D'Cunha Leading Probe Had Convicted Jayalalithaa
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Business Standard
07-06-2025
- Politics
- Business Standard
Bengaluru stampede: Retired HC judge to head probe, fix responsibility
The one-man inquiry commission constituted by the Karnataka government under retired High Court judge John Michael Cunha to inquire into the June 4 stampede that killed 11 people, has been asked to identify the persons responsible for the omissions or deficiencies that led to this incident. As per the terms of reference to the commission from the government, it has also suggested precautionary measures that can be taken to prevent recurrence of such incidents in the future, among others. Chief Minister Siddaramaiah on June 5 announced that a one-man commission would be formed under Cunha to look into the procedural lapses in the issue, and the commission has been asked to give the report in 30 days. The stampede occurred on June 4 evening in front of the Chinnaswamy stadium here, where a large number of people thronged to participate in the RCB team's IPL victory celebrations. Eleven people died and 56 were injured in the incident. "...the Government, in exercise of the powers conferred under sub-rule (1) of rule 3 of the Commission of Inquiry Act, 1952, has constituted a one-man inquiry commission under the chairmanship of John Michael Cunha, retired Judge of the Karnataka High Court, to conduct an inquiry into the incident," the official notification dated June 5 said. "The inquiry commission shall have all the powers to conduct inquiries under the provisions of the Commissions of Inquiry Act, 1952 and Code of Civil Procedure, and the government expects the investigation to be completed and a report submitted within one month," it said. The terms of reference in the notification include, to find -- whether the necessary permissions, rules and procedures were followed while organising the RCB team's victory felicitation ceremony at Chinnaswamy Stadium; the causes/causers of the rush and stampede that took place; the causes/causers of the incident that led to the death of 11 people and injury to more than 50 people based on the chain of events and circumstances. Also, to inquire into the measures taken as a precaution regarding the incident and the omissions/deficiencies that may have occurred in this regard and to identify those responsible for this incident; and to inquire regarding other relevant aspects related to this incident. As per the notification, the Director General and Inspector General of Police, Commissioner of Police - Bengaluru, and Deputy Commissioner - Bengaluru Urban district shall provide all the files/documents/etc that the Commission may require from time to time for the inquiry and shall be present during the inquiry and fully cooperate with the Commission. This inquiry commission is separate from the magisterial inquiry that has been ordered, and shall conduct a parallel and comprehensive inquiry, it clarified. The Chairman of the inquiry commission, if necessary, may take steps to obtain the services of one retired IPS officer and one retired IAS officer for technical and legal assistance. The salary/allowance expenses of the concerned officers shall be borne by the government. The Director General and Inspector General of Police, shall provide the necessary staff, materials, vehicles and office and furniture/telephone etc required for the commission of inquiry.
Time of India
07-06-2025
- Politics
- Time of India
Bengaluru stampede: Compensation raised to Rs 25 Lakh; KSCA secretary, treasurer resign
Bengaluru stampede: Compensation raised to Rs 25 Lakh; KSCA secretary, treasurer resign NEW DELHI: Karnataka chief minister Siddaramaiah has announced an increase in compensation for the families of those who died in the tragic stampede outside the M Chinnaswamy Stadium to Rs 25 lakh each, up from the earlier Rs 10 lakh. The incident on June 4, during Royal Challengers Bengaluru's (RCB) IPL victory celebration, claimed 11 lives and injured 56 others. The decision comes as part of the government's broader response to the tragedy, which has triggered public outrage over mismanagement and a lack of crowd control at the high-profile event. Retired HC judge to lead inquiry The Karnataka government has constituted a one-man inquiry commission under retired High Court judge John Michael Cunha to investigate the circumstances leading to the stampede. The commission will identify lapses, omissions, and those responsible, and recommend measures to prevent similar incidents in the future. As per the government's directive, the panel is expected to submit its report within 30 days. An official notification dated June 5 confirmed that the commission will function under the Commissions of Inquiry Act, 1952, with full powers to summon witnesses and examine evidence under the Civil Procedure Code. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Colorado: Gov Will Cover Your Cost To Install Solar If You Live In These Zips SunValue Learn More Undo KSCA officials resign In the wake of the tragedy, two top officials of the Karnataka State Cricket Association (KSCA), secretary A Shankar and treasurer ES Jairam, resigned from their posts on Saturday, taking "moral responsibility" for the stampede. KSCA president Raghuram Bhat said the resignations were accepted during an emergency managing committee meeting. "We are ready to cooperate fully with the government and the high court. We have nothing to hide," Bhat told reporters. He added that the KSCA would provide all necessary support to the ongoing investigation and emphasised that transparency would be maintained throughout the process. The stampede occurred outside the stadium on the evening of June 4 as thousands gathered for the RCB team's celebratory event after winning their maiden IPL title. The crowd swelled beyond control, triggering a deadly rush that led to multiple fatalities and injuries.
Time of India
07-06-2025
- Politics
- Time of India
Bengaluru stampede: One-man inquiry panel under retired HC judge to find persons responsible
A one-man inquiry commission, led by retired Justice John Michael Cunha, has been formed by the Karnataka government to investigate the stampede at the RCB victory celebration that resulted in 11 deaths. The commission will identify those responsible for any procedural lapses and suggest preventative measures. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The one-man inquiry commission constituted by the Karnataka government under retired High Court judge John Michael Cunha to inquire into the June 4 stampede that killed 11 people, has been asked to identify the persons responsible for the omissions or deficiencies that led to this per the terms of reference to the commission from the government, it has also suggested precautionary measures that can be taken to prevent recurrence of such incidents in the future, among Minister Siddaramaiah on June 5 announced that a one-man commission would be formed under Cunha to look into the procedural lapses in the issue, and the commission has been asked to give the report in 30 stampede occurred on June 4 evening in front of the Chinnaswamy stadium here, where a large number of people thronged to participate in the RCB team's IPL victory celebrations. Eleven people died and 56 were injured in the incident."...the Government, in exercise of the powers conferred under sub-rule (1) of rule 3 of the Commission of Inquiry Act, 1952, has constituted a one-man inquiry commission under the chairmanship of John Michael Cunha, retired Judge of the Karnataka High Court, to conduct an inquiry into the incident," the official notification dated June 5 said."The inquiry commission shall have all the powers to conduct inquiries under the provisions of the Commissions of Inquiry Act, 1952 and Code of Civil Procedure, and the government expects the investigation to be completed and a report submitted within one month," it terms of reference in the notification include, to find -- whether the necessary permissions, rules and procedures were followed while organising the RCB team's victory felicitation ceremony at Chinnaswamy Stadium; the causes/causers of the rush and stampede that took place; the causes/causers of the incident that led to the death of 11 people and injury to more than 50 people based on the chain of events and to inquire into the measures taken as a precaution regarding the incident and the omissions/deficiencies that may have occurred in this regard and to identify those responsible for this incident; and to inquire regarding other relevant aspects related to this per the notification, the Director General and Inspector General of Police, Commissioner of Police - Bengaluru, and Deputy Commissioner - Bengaluru Urban district shall provide all the files/documents/etc that the Commission may require from time to time for the inquiry and shall be present during the inquiry and fully cooperate with the inquiry commission is separate from the magisterial inquiry that has been ordered, and shall conduct a parallel and comprehensive inquiry, it Chairman of the inquiry commission, if necessary, may take steps to obtain the services of one retired IPS officer and one retired IAS officer for technical and legal assistance. The salary/allowance expenses of the concerned officers shall be borne by the government. The Director General and Inspector General of Police, shall provide the necessary staff, materials, vehicles and office and furniture/telephone etc required for the commission of inquiry. PTI
