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August 1, 1998

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Congress in a major bind as AIADMK, Swamy go hammer and tongs over Jain report

Amberish K Diwanji in New Delhi

Janata Party president Dr Subramanian Swamy says he will challenge the Jain Commission's final report on the Rajiv Gandhi assassination in court, stating that it was full of allegations and did not contain a single substantial charge against him.

"The final report has mentioned my trip to London along with Chandra Swami in 1995 as a mystery that needs to be probed further," Dr Swamy told Rediff On The NeT in a telephone interview from Madras. "But how can I be part of a plot in 1995 when the assassination took place in 1991?" he asked.

Dr Swamy alleged that the Action Taken Report, prepared by the Bharatiya Janata Party government, smacked of "political opportunism" by his opponents within the government.

"Justice Jain had prefixed views and notions even during the inquiry and a slanted view," claimed Dr Swamy. "He has worked purely on innuendoes."

Dr Swamy stated that under Section 8B of the Commission of Inquiry Act, he had a right to cross-examine the witnesses. "Justice Jain's refusal to allow me to cross-examine the witnesses violates the Commission of Inquiry Act and also Article 21 of the Constitution (right to reputation). I intend to challenge him in court and ask the court to strike down the references made to me in the final report," he said.

He alleged that the final report was mala fide and biased, and exploited by the RSS-controlled BJP to wreak vengeance against him since he was seeking to form an anti-BJP front.

Dr Swamy asked why the BJP was not prosecuting Minister for Urban Development Ram Jethmalani who had confessed to taking $ 200,000 (Rs 80 million) from Chandra Swami four years before the assassination in 1987.

He pointed out that as law minister in the Chandra Shekhar government in 1991, he had marshalled the move to dismiss the Dravida Munnetra Kazhagam government for its links to the Liberation Tigers of Tamil Eelam.

Dr Swamy regretted that the Jain Commission's final report had trivialised the Rajiv assassination by foreign terrorists on Indian soil.

Meanwhile, the All India Anna Dravida Kazhagam has demanded that Tamil Nadu Chief Minister M Karunanidhi be arrested and questioned for his suspect dealings with the LTTE, as mentioned in the Jain Commission final report.

The ATR has stated that Karunanidhi was not questioned at all, and directed the multi-disciplinary monitoring agency to inquire into his complicity leading to the assassination.

AIADMK leader S Muthiah told Rediff On The NeT, that before an inquiry can be undertaken at present, a first information report will have to be filed against Karunanidhi by the police. "On the basis of the FIR, he should be arrested because only in custody can he be interrogated properly," he said.

"Of course, if he is arrested, then he cannot and should not continue in office as chief minister," added Muthiah. "Moreover, his continuing in office will only harm the inquiry against him."

The AIADMK has demanded that the Tamil Nadu chief minister step down pending further probe. "Both the interim report and the final report point a finger at Karunanidhi. He should have been interrogated by the Special Investigation Team (probing the Rajiv Gandhi assassination), but for some strange reason, he was not," said Muthiah.

He pointed out that Karunanidhi used to insist that all chargesheeted persons step down from office. "Now, he must abide by his own rule," he declared.

The AIADMK leader said that all the others suspected, including Dr Swamy and Chandra Swami should also be probed. He, however, pointed out that none of the others hold any office. "Dr Swamy is only a member of Parliament and therefore wields little power," he added, "but as chief minister, Karunanidhi is powerful and there is every possibility that he may influence the course of the investigation."

Muthiah insisted that there was no question of putting pressure on the BJP government to dismiss the DMK government. "The government has done its job and they cannot intervene any further," he said.

He expected the Congress to support the AIADMK's demand in this regard. "Rajiv was their leader and they will have to make the same demand as they did when the interim report was placed in the House," he stated.

Yet, the Congress appears to be in a major bind. If they agree to the dismissal of the DMK government, they will be playing into the hands of the BJP and its mercurial ally, AIADMK chief J Jayalalitha. Ever since the BJP government took office, Jayalalitha has been seeking the dismissal of her political foe, the DMK government in Tamil Nadu. But the BJP has refused all along, citing recent rulings that clearly stated that dismissing a government under Article 356 would have to be justified in court.

The Opposition parties had watched with glee as Jayalalitha went hammer and tongs at the government, and at times the BJP government appeared precariously close to collapse. But now, it might well be the Congress that will be forced to demand the dismissal of the DMK government for its role in the assassination of Rajiv Gandhi, making it so much easier for the BJP government to do so!

Last year, the Congress withdrew support to the United Front government when the latter refused to heed the Congress demand to dismiss the DMK ministers from the government.

Today, Congress leaders reportedly went into a huddle to discuss the fallout of the report. But not a single leader was willing to comment on the party's stand vis-à-vis the Jain Commission report or on whether the party would demand the dismissal of the DMK government.

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