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Misra Commission Report

D) COLLECTION OF FACTS

Applications were moved before the Commission in the Delhi inquiry by the CJC for direction for production of documents. A long list thereof was given. After the list was scanned the Commission was of the view that it would be more expedient to allow interrogatories on specific aspects than calling for the documents. The suggestion of the Commission was accepted by the CJC and two applications were filed for leave to put interrogatories to the Delhi Administration , the Union of India and certain other parties. Agreeing with the objections of the Delhi Administration and the Union of India, the Commission found that a few of the interrogatories were on irrelevant aspects and certain information in public interest could not be required to be disclosed. On these two grounds a few of the interrogatories were not permitted to be put but the Commission accorded leave for most of them. The interrogatories were duly answered and the answers were supplied to the parties. Similar procedure was followed at Kanpur and Bokaro. Certain documents were called from non-governmental agencies and wherever available the same were also produced and made available to parties.

Before the Commission, for the inquiry at the respective places, the Commission directed some of the deponents to be cross-examined. It may be stated that most of these deponents were picked up at the instance of the victims. Their affidavits were taken as evidence-in-chief and cross-examination was allowed to be done by the Union of India and the respective State Governments/Administration as was necessary and on behalf of victims where the stand taken in the affidavit was in support of the Administration. The persons so examined were : Delhi 128, Kanpur 97, Bokaro 45. At the instance of some of the other parties questions were suggested to the Commission and wherever it was satisfied, the said questions were put and answers were obtained. Wherever such deponents wanted to make any further statement, the Commission made a separate record of it for its purpose. These statements usually related to problems of rehabilitation.

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