Misra Commission Report
A) SETTING UP OF THE COMMISSION
On April 26, 1985, the Central Government announced in Parliament then in session, the appointment of a Commission under section 3 of the Commissions of Inquiry Act, 1952, and by Notification in the Gazette of India Extraordinary of the same date this Commission was duly constituted with the following terms of reference :
(i) to inquire into the allegations in regard to the incidents of organised violence which took place in Delhi following the assassination of the late Prime Minister, Smt. Indira Gandhi ;
(ii) to recommend measure which may be adopted for prevention of recurrence of such incidents.
Following the accord between the Prime Minister of India and the late Shri Harchand Singh Longowal, the Akali leader, on July 24, 1985, the Commission's sphere of inquiry was extended to Kanpur in the State of Uttar Pradesh and Bokaro in the State of Bihar by Notification dated September 3, 1985. After the Commission visited Bokaro for a preliminary inquiry, it transpired that the major part of the incidents took place within the Chas area which was outside Bokaro Tehsil and on a reference made by the Commission indicating this fact, the Central Government modified the terms of reference by Notification dated October 10, 1985 , to cover the incidents within the Bokaro Tehsil as also the Chas Tehsil. The first aspect referred to the Commission now reads thus : to inquire into the allegations in regard to the incidents of organised violence which took place in Delhi and the disturbances which took place in the Bokaro Tehsil , in Chas Tehsil and at Kanpur following the assassination of the late Prime Minister Smt. Indira Gandhi .
Following the assassination of the late Prime Minister, there was riotous upsurge at Delhi and several other places in the country. Hundreds of Sikhs were killed; several others were injured and manhandled ; their houses and other properties were burnt down as a result of arson ; many of them were rendered homeless. The Home Minister made a statement on the floor of the Rajya Sabha that the number of Sikhs killed in Delhi during November 1984 riots was 2146; 586 persons were said to have been killed in other parts of the country during that period.
From the terms of reference it is clear that so far as Delhi riots are concerned the commission has to inquire into the allegations in regard to incidents of organised violence while in regard to the other named places the inquiry is into the disturbance following the assassination of the late Prime Minister, Smt. Indira Gandhi. The effect of the distinction would be appropriately dealt with at the relevant place.