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Wednesday, August 30, 2000

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Panel not to insist on U.P.CM's presence

By Our Staff Reporter

NEW DELHI, AUG. 29. The Liberhan Ayodhya Commission of Enquiry told the Delhi High Court today that it would not insist on the presence of the former Uttar Pradesh Chief Minister, Mr. Kalyan Singh, before it on the next date of hearing, September 4.

The assurance from counsel for the Commission came when he sought two weeks to file certain documents to the court in response to a petition by the former Chief Minister seeking direction to restrain the Commission from summoning him to depose before it.

Mr. Justice Manmohan Sarin asked the Commission's counsel to file an affidavit, if he desired, in reply to the submission made in the petition. The matter was adjourned for September 20.

The Solicitor-General of India, Mr. Harish Salve, said that he would assist the court in settling the matter.

The High Court on August 22 issued notices to the Union Government, the Commission and the Uttar Pradesh Government on Mr. Singh's petition.

The Commission, which was constituted by the Central Government on December 16, 1992, has been enquiring into the circumstances leading to the demolition of the disputed structure (Babri Masjid), and particularly the role of Mr. Singh when he was the State's Chief Minister as well his Cabinet colleagues with regard to the security lapses which led to the demolition on December 6, 1992.

In the writ petition, Mr. Singh has challenged the power of the Commission to summon him as a court witness and subject him to cross-examination on the ground that he is the main accused in a criminal case in connection with the same incident pending in a Lucknow court.

His argument is that a person who is likely to be prejudiced by rendering findings against him should not be called upon to give evidence in the form of an affidavit.

When on August 4 Mr. Singh did not respond to the summons, the Commission issued bailable warrants for his appearance. However, the Commission cancelled the bailable warrants when his counsel gave an undertaking to it that Mr. Singh would appear on August 18.

However that day, he failed to honour his commitment to the Commission.

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