Action Against Others

The persons named in the affidavits as perpetrators of the hundreds of inhuman crimes are in great number and may perhaps exceed a couple of thousands on a modest estimate. Everyone in the riotous mobs indulging in criminal activity would, in the strict sense of law, have liability though there may be a distinction between those directly indulging in overt acts and others who may have no overt acts ascribed to them. As already noted, the victims are keen that the law breakers be put on trial. Keeping that aspect in view, it becomes difficult for the Commission while recommending prosecution to be launched, to sit in judgement over the conduct of some and, if necessary, find them guilty by naming them under s. 8B of the Act. Again, the Commission was impressed by the fact that the people involved were in great number and the task would have been almost an impossible one if the allegations against every named persons had to be scanned complying with the requirements of the law. This has, therefore, been an added consideration weighing with the Commission for desisting from making any assessment of the allegations implicating individuals as either members of the riotous mobs or organisers thereof. The Commission could not have undertaken an inquisitorial proceeding.