On the eve of Ganesh Chaturthi, Chief Minister Pramod Sawant announced that an Inquiry Commission headed by a retired judge would probe land grab cases strengthening the Special Investigation Team (SIT) further. This comes against the backdrop of all the accused in the land grab cases succeeding in getting bail. While there is no mention of the Inquiry Commission being appointed under the Commissions of Inquiry Act 1952 or whether it is an independent body, Sawant has disclosed that investigations will be completed within 4-5 months once the Inquiry Commission is in place and that land will be reverted to original owners. In a nutshell, the Commission will be tasked with the primary responsibility of reverting land to lawful owners.
This may sound like significant relief to the many who have been helpless victims of land grab cases and awaiting justice. However, while we understand the seriousness with which the CM had been focussing on strengthening the team with an addition of an inquiry commission, his ambition falls way short of the ground realities faced.
The role of any Inquiry Commission is to make authoritative determinations about alleged violations and make positive contributions to investigations. While we cannot undermine the contribution of this Inquiry Commission, it would also be premature to state that this move could give a new dimension to the fight against land grab cases, given that such a Commission has no judicial powers. Historically, Inquiry Commissions have sometimes acted as impediments to speedy processes and created further delays because they act as another layer of checks and scrutiny.
The optimism of Sawant must be applauded when he says that the inquiry will be completed in 4-5 months and the land reverted to original owners. However, land grab cases are complex, involving meticulous investigation and scrutiny of documents, some of which date back to the Portuguese era. We reiterate that a SIT team involving mainly police officers is not in a position to handle land documents and files. Moreover, under the existing pendency of criminal and civil cases, it would take years for resolution.
The appointment of an Inquiry Commission is no quick fix to land grab cases. Essentially, there is a need to look at speedy disposal of cases and hence the requirement for fast-track courts. Therefore, there is no merit in the assurance of speedily reverting land because unless and until the cases are settled, there can’t be a resolution.
Yes, by appointing an Inquiry Commission, Sawant has focussed on the probing aspect and has sought to expedite the process. But again, there has been no transparency and fairness in this appointment. Justice V K Jhadav (retd), a former judge of the Bombay High Court, has been handpicked to head the Commission. In such sensitive cases, especially land issues involving the high and influential, including political, judicial courts or the Chief Justice of High Court of Bombay, should have been asked to make such an appointment. The neutrality is lost in the current scenario.
The battle against fraudsters and land-grabbers needs a better and much tighter plan. The SIT and even the Inquiry Commission are not enough to deliver justice at a pace that the CM has envisaged.
