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Mahanta in a spot The indictment of Prafulla Kumar Mahanta for his role in the secret killings of close relatives of ULFA (United Liberation Front of Assam) leaders during 1998 to 2001 did not come as surprise. Hence, when Justice (retired) KN Saikia commission of Inquiry on secret killings accused Mahanta he was the chief minister as well as the state home minister during the period for his role in the killings of ULFA kin, there was hardly any doubt about the findings. The findings of the Commission led to a debate on whether the ruling Congress government can adopt the Commission's report to punish Mahanta and his associates, including surrendered ULFA militants, police and army officials, who played a role in the sensational killings. The issue came to the fore following the tabling of the secret killing reports in the state legislative assembly on November 15 by the Tarun Gogoi-led government. Constituted by the present government on August 22, 2005, the Saikia Commission accused Mahnata, who held the portfolio of home during his second tenure (1996-2001), saying, "There is enough evidence to show that the then home minister was at the helm of these extra-constitutional killings." In fact, the Asom Gana Parishad (AGP), which was formed after the culmination of the Assam agitation in 1985, had swept the 1985 assembly polls in the state and Mahanta became the chief minister of Asom in the same year. The regional party however couldn't continue its hold on voters in the next assembly polls and the Congress party came back to power in Dispur. The AGP bounced back to power for the second time in 1996 and Mahanta was the unanimous choice for the chief minister's post. This time, he kept the home portfolio with him as well. The greatest challenge for Mahanta (both as the chief and home minister during his tenure) emerged in the form of the disruptive activities of the ULFA militants. The armed group was active in almost all parts of the state during this period. Frustrated with the relentless unruly activities of ULFA, Mahanta decided to tackle the issue of insurgency with iron hands. He presumably adopted the policy of KPS Gill (the former Punjab super cop) to deal with the armed groups in a 'tit for tat' strategy. The Gill strategy, that arguably claims success in controlling the Punjab terrorism, says if the armed groups continues killing common people, make arrangement to assassinate the family members (or closed relatives) of the outfit leaders, so that they can too realize the pain of losing somebody in the family. During 1998-2001, unidentified gunmen killed many family members and relatives of ULFA leaders in Asom. The victims included the family members of ULFA's political chief Arabinda Rajkhowa and the outfit's publicity secretary Mithinga Daimary. The issue shook the conscience of the people and it finally resulted in rejecting the regional party (AGP) in the 2001 polls, where the Congress regained power and formed the government under the leadership of Gogoi. The Saikia commission also indicted the Army and pointed out that the assailants in each of the assassinations, which were probed by it, were armed with sophisticated weapons of prohibited bores normally used by the police and security personnel only. The commission in its report specifically said, "That the army was ubiquitous. By army we mean the armed forces of the Union deployed in Assam in aid of civil power." The commission found many common characteristics in all the examined cases like each killing involved the ULFA leader's family members or relatives, almost all the killings were committed at dead of night and the assailants spoke Asomiya language, the assailants were armed with sophisticated firearms, the vehicles were mostly Maruti Gypsies and Vans without registration numbers, there were police patrolling in the areas before and after the incidents but not during the incidents, the investigation was not commensurate with the seriousness of the crime, that modern scientific methods of investigation were never used, the government did not condole the deaths and no compensation was paid to the families of the victims etc. The first commission to probe the killings of ULFA kin was headed by a former Guwahati high court judge, but the judge Meera Sarma expressed inability to continue and hence it was dismissed. The second commission headed by Justice JN Sharma, in its interim report revealed that it did not acquire enough evidence against Mahanta. The Tarun Gogoi cabinet termed it inconclusive. However, the government had to submit both the reports (JN Sharma and KN Saikia) in the assembly following the order of Gauhati high court. The Saikia commission has meanwhile received accolades from various organizations including the students' bodies and rights group. Two powerful students organizations namely All Assam Students Union (which was once led by Mahanta himself during the days of agitation) and Asom Jatiyatabadi Yuba Chatra Parishad came out in public describing the Saikia commission as fair and impartial. Moreover, both the students groups have demanded stringent punishment for those found guilty in perpetrating the killings of innocent family members of ULFA. The Manav Adhikar Sangram Samity leaders even set a three-month time period to the government to arrest those found responsible for the killings of ULFA kin. Unfortunately, clearing the stand of the AGP, the party president Brindaban Goswami declared that Mahanta must individually be answerable to his indictment by the Saikia Commission. Terming the policy of secret killing as a violator to the fundamental and human rights, Goswami also added, "Mahanta is answerable to the people of Asom after his indictment." Meanwhile, Gogoi declared that his government would form a committee of legal experts to examine the options for initiating actions against those indicted (including Mahanta) by the Commission. Describing the period (1998 to 2001 when the assassinations of ULFA kin took place) as the darkest chapter in the history of Asom, Gogoi assured that all those involved in the incidents would never be spared.
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