Failing to uncover Meghalaya's politician-criminal nexus that led to the infamous Shillong jailbreak, Justice S.P. Rajkhowa has blamed jail officials of conniving with undertrials.
"There was no cogent evidence to give a definite finding that there was a nexus between politicians and criminals leading to the jailbreak," the one-man probe committee report, tabled by Chief Minister Mukul Sangma in the assembly Wednesday, stated.
Seven people, including two undertrials, escaped from the Shillong jail May 31, 2009. Most of them were caught again while Fullmoon Dhar, the ringleader, was gunned down by police in the Jaintia Hills.
However, eyebrows have been raised at the 79-page report mentioning that an unnamed "Congress Lok Sabha candidate" was in touch with Dhar before he escaped from prison.
Two undertrials - Synsharlang Thongni and Khrawborlang Marbaniang - who appeared before the commission, however, did not mention the name of Vincent Pala, the Congress leader who contested and got elected from the Shillong parliamentary constituency.
"Dhar told him that the candidate used his manpower and force and that the candidate would help him if he won the election," the report cited Thongni as having told the commission.
Marbaniang also mentioned that Dhar "used to contact his girlfriend and one Congress candidate", the report said.
The Rajkhowa Commission report also gave a clean chit to former Congress district council member from Jaintia Hills, Thomas Nongtdu, stating that no cogent evidence against Nongtdu was brought on record by any witness before the Commission to show his involvement in criminal activities or that he was helping the undertrial prisoners (UTPs) to escape from the district jail.
"There is also no evidence that he was engaged in any money laundering with UTPs inside the jail so they could escape from prison by using money power," the report said.
Revealing "glaring slackness" on the part of jail officials which resulted in the jailbreak, Justice Rajkhowa suggested complete overhauling of jail staff.
"It is proved from the evidence brought on record that there was glaring slackness on the part of officials, including the superintendent of District Jail, Shillong. It surpasses our comprehension as to how arms from outside could reach the UTPs, not to speak of inflow of money," Rajkhowa said.
He said, "It was nothing but sheer negligence and connivance and collusion on the part of the jail officials. Otherwise, it would have been next to impossible for the UTPs, headed by Fullmoon Dhar, to escape."
Rajkhowa recommended the overhaul of the entire staff, including the director general of prisons, with strict instructions that the provisions of the jail manual were followed without any lapses, in letter and spirit.
The report absolved officials of any wrongdoing into Dhar's killing. The report said during cross-examination of Mukesh Singh, the then superintendent of police of Jaintia Hills, the police officer said he shot Dhar in self defence as the UTP was pointing a weapon at him despite being asked to surrender.
Rajkhowa said firing by the policeman at Dhar was justified because his own life was in imminent danger.
