NHRC directs that Sadashiva Panel Report and copies of responses of Karnataka and Tamil Nadu State Govts. be sent to the complainants

New Delhi, 19 October 2005
The National Human Rights Commission has directed that the report of the Justice A. J. Sadashiva Panel constituted to look into the alleged excesses perpetrated by the Joint Special Task Force during the anti-Veerappan operations be sent to the complainants along with the responses received from the Governments of Karnataka and Tamil Nadu. The complainants will have to send their comments, if any, to the responses received from the Government of Karnataka and Tamil Nadu within 8 weeks.
On the recent representation dated 13 October 2005 submitted by Shri Henri Tiphagne, the Commission, has directed that its copies be forwarded to the Chief Secretaries of Karnataka and Tamil Nadu for their comments in 4 weeks.
The Justice Shri A.J.Sadashiva Panel, had been constituted by the Commission vide its proceedings dated 28 June, 1999, and had submitted its report to the Commission on 2 December, 2003
After getting the report examined through the Registrar (Law), the Commission on 23 February, 2004, directed that copy of the report of the Panel be sent to the Chief Secretaries of Government of Karnataka and Government of Tamil Nadu. It was specifically stated in those proceedings on 23 February, 2004 that the Chief Secretaries of Government of Karnataka and Tamil Nadu "may also indicate the action they propose to take on various recommendations made by Justice A.J.Sadashiva Panel".
Since response was not received within the period of three months as stipulated vide proceedings of 23 February, 2004, the Commission by its proceedings dated 30 June, 2004, directed that an urgent reminder to the Chief Secretaries of Karnataka and Tamil Nadu be issued for their response within two weeks.
The State Government of Tamil Nadu vide its letter dated 12 July, 2004, conveyed to the Commission that the report was under its consideration and remarks would be conveyed to the Commission shortly. The remarks, however, were not received. A further reminder was, therefore, issued both to the Government of Tamil Nadu and Karnataka extending the date upto 25 September 2004 for sending their comments on the report of the Panel. Both the Governments, however, did not furnish the comments.
In its proceedings of 3 November 2004, while directing the Secretary General of the Commission to address a D.O. letter to the Chief Secretaries of Tamil Nadu and Karnataka conveying to them the concern of the Commission on not receiving the response from the States, the Commission inter alia observed thus :

"It is, indeed, a matter of regret that both, the Government of Tamil Nadu and Karnataka, have not conveyed the comments of the State Government on the report of the Panel and proposed action on various recommendations made by the Panel despite a number of reminders having been issued to them".

While the State Government of Tamil Nadu vide letter dated 16.12.2004 conveyed to the Commission that "the report of Inquiry Panel is under active consideration of this Government and the action taken report on the recommendations of the panel will be sent to you shortly", the State Government of Karnataka vide their letter dated 3.12.2004 asked for a copy of the report, which had already been sent to them. Another copy of the report, therefore, was sent to the State Government, but despite that comments were not received.
On 8 February 2005, further reminders were issued to the Governments of Tamil Nadu and Karnataka asking them to look into the matter "urgently and arrange to send the comments by 25.2.2005".
The needful, however was not done till 7 March, 2005 when the Commission in its proceedings recorded as follows:-

"The Commission expresses its serious concern over its long delay in sending the comments/remarks to the Justice Sadashiva Panel report. It was sent to the State Governments more than a year ago. Final opportunity is, therefore, granted to the State Governments of Tamil Nadu and Karnataka to send their comments/remarks in respect of the various recommendations made by Justice Sadashiva Panel within six weeks. In case response is not received in that period, the Commission shall be constrained to exercise its powers u/s 13 of the Protection of Human Rights Act, 1993."


A response was received from the Government of Karnataka dated 2 May 2005 on the report of Justice Sadashiva Panel. The comments of the Government of Tamil Nadu were sent to the Commission by the Chief Secretary to the Government vide letter dated 5.5.2005.
After taking into account the report received from Justice Sadashiva Panel and the responses received from the Chief Secretaries of Karnataka and Tamil Nadu, the Commission vide its proceedings dated 19 October 2005 stated it considers it appropriate to direct the Registry to forward copies of the report of Justice Sadashiva Panel to the complainants of the following 9 cases:

795/22/97-98 248/10/97-98
222/10/97-98 250/10/97-98
534/22/97-98 318/10/97-98
249/10/98-99 329/10/98-99
79/10/1999-2000

Copy of the responses received from the State Government of Karnataka and Tamil Nadu shall also be forwarded to the complainants along with the report of the Panel.
The complainants shall send their comments, if any, to the responses received from the Government of Karnataka and Tamil Nadu within eight weeks.
Shri Henri Tiphagne and other have submitted a representation dated 13.10.2005 to the Commission. Let its copies be forwarded to the Chief Secretaries of Tamil Nadu and Karnataka for their comments in four weeks.
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