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C.B. (I) No. 226 Vol. V

COMMITTEE OF PRIVILEGES

(SIXTH 10K SABHA)

FIFTH REPORT

( Laid on the Table on 9th July, 1979 )

LOK SABH~)BECRETARIAT

July, 1979/Asadha. ~901 (Saka)

Price; Rs. 2.60 CONTENTS

PAGE

1. Personnel of tbe Committee of Privileges (iii)

2. Roport

3. Minutes of sittings of Committee 7

4. Minutes of cvidcnce

5. Appcudices 4S

(i) S/1 LSS/79-1 PERSONNEL OF THE COMMIITEE OF PRIVILEGES (1977-78)

·Professor Samar Guha-Clulirman

ME¥lIERS

2. Shri Halimuddio Ahmed 3. Shri O. V. Alagesan 4. Shri Hitendra Desai· 5. Shri Krishan Kant 6. Professor P. G. Mavalankar 7. Shri R. Mohanarangam 8. Dr. V. A. Seyid Muhammed "9. Shri Narsingh 10. Shri Nareodra P. Nathwani II. Shri Meetha Lal Patel 12. Shri B. Shankaranand ] 3. Shri Madhav Prasad Tripatbi 14. Shri Ravindra Varma IS ....

SIlCRETARIAT

Shri M. P. Gupta~enior Table Officer.

• Appointed Chairman with effect from 5-11-1977 ,Ie. Sbri It.S. Heide rcalpod from the Committee . •• Nominated with effect from 31-11-1977 . ••• Vacant on account of resignation of Shri Ram Jethmalani from membership 01 Committee with effect from 13-12-1978. (iii) FD"IH REPORT OF THE COMMITfEE OF PRIVILEGES (SIXTII )

I. IaarodIIct:hRa and Procedure

. J, the Chairman of the Committee of Privileges, having been autho- rised by the Committee to submit the Report on their behalf, present this their Fifth Report to the House on the question of privtlege raisedl by Shri Mani Ram Bagri, M.P., regarding alleged threat to murder Shri Raj Narain, M.P., contained in a letter received by the latter, and referrodA to the Committee by the Speaker on the 1st March. 1979.

2. The Committee held seven sittings. The relevant minutes of the~c sittings form part of the Report and are appeaded hereto.

3. At their first sitting held on the 20th March, 1979, the Committee decided io. the first instance to examine in person Sarvasbri Mani Ram Bagri and Raj Naraio, M.~. The Committee also decided that Sarvashri Mani Ram Bagri and Raj Narain. might also be asked to produce before the committee the original letter dated the 23rd February, 1979, stated to have been received by Shri Raj Narain, M.P., from one Shri Ajay Kumar Mittal, Meerut, on the basis of which Shri Bagri had raised the question of privilege in the House.

4. At their second sitting held on the 27th March, 1979, the Committee examined on oath Shri Raj Narain, M.P.

The Committee also decided to examine in person Shri Ajay Kumar Mittal, 97, Khandak, Meerut (V.P.). who was alleged to have written the impugned letter to Shri Raj Narain, M.P.

5. At their third sitting held on the 9th April, 1979, the Committee examined on oath Shri Mani Ram Bagri, M.P. and Shri Ajay Kumar Mittal of Meerut, the alleged author of the impugned letter to Shri Raj Namin, M.P.

At the direction of the Committee, Shri Ajay Kumar Mitta) submitted his specimen signatures and a specimen of his handwritiD~ in Hindi, before the Committee.

The Committee decided that the spedmen signatures and specimen handwritmg of Sbri Ajay Kumar Mittal might be got examined and com- pared by a handwriting expert, through the Ministry of Home Affairs, with

I l.S.Deb.,dt.I-3-1979.cc.215-16. I. Ibid. ..,.. those of the letter dated the 23rd February, 1979, alleged to have been written by him, to Shri Raj Narain, M.P., as weU as the lctter dated thc 4th March, 1979, addressed by him to the Speaker, Lok Sabha.

6. At their fourth sitting held Ol\ the 17th May, 197Q, the Committee persued the report of the handwriting expert furnished >by the Ministry of Home Affairs and decided that the handwriting expert be asked to appear before the Committee for oral examination in person on Friday, the 18th May, 1979, at 16.30 hours.

7. At their ifth sittit\g held aD the 18th May, 1979, the Committee examined on oath the Handwriting Expert, Shri S. L. Mukbi, Senior Scientific Officer (DocumenlS)-cum.-Assistant Olemical Examiner to the Govemment of .

8. At their sixth sitting held on the 30th May, 1971J, th~ ::ommittcc finalised their findings and recommendation on the matter.

9. At their seventh sitting held on the 31 st May. 1979, the Coinmittee adopted their draft Report.

D. Fads of thr Ca~

10. On the 28th February, 1979, 8hri Mani Ram. Bagri. M.P .• gave noti';c of a question of privilege under Rule 222 of the Rules of Procedure and Conduct of Businoss in Lot Sabha, stat,ing that Shri Raj NaraiB, another Member, had received a letter' containing a threat to murder b.im.

11. Shri Mani Ram Bawi sought to rai:iC' the matter in the House also on the 1st March, 1979.

The Speaker, thereupon, obscrved~ as follows :-

" .... Mr. Bagri brought to my notice a letter s:tid to have been wriuen by one Mr. Mittal to Mr. Raj Narain saying that, because he was catTying on a campaign against RSS. his mouth would be shut .... That is a very serious matter. l' have found a prima facie case, and I have referred the matter to the Privileges Committee ..•••••• "

3. See A,ppoodjx I (A photostat copy of the impullgeu lotter was submitted to the Speaker). 4 L.S. Dcb., dt. 1-3-1919, ce. 215-16. ~. Ibid. 3

12. The impugned let1er' (original in Hindi) read as follows :- "97, Khan~ Meerut (U.P.) 23-2-1979.

Dear Sir, A news item has appeared in yesterday's newspaper that you ar,' going to organise a new front to counter the Rashtriya Swayam Sewak. Sangh. Why are you so much after R.S.S. these days? Is it because you have been expelled from the Union Cabinet? P.:rhaps you may be under the impression that there was the R.S.S. hand behind your expulsion. However, the fact is that the continuance in the Union Cabinet of a Madan (Juggler) like you would only have brought discredit to the leader of the on the one hand and to the reputation of the country on the otber. Now I want to warn you through this letter that whatever propugaDda you might have done so far against the R.S.S. let it be there. But if you dare open your mouth against the R.S.S. from now onwards, your voice will be stopped for ever. I am not only an active worker of the R.s.S. but also an office bearer. Oue SaDsh is entirely a non-political organisation. It is purely a cultural and social organisation. We do not have even a remote connection with politics. Our Sar Sangb Chalak, Shri Deoras, had declared this on a number of occasions. There may be one more reason wby you bear a grudge against R.S.S.- that our Shri is going to replace the old man as Prime Minister. Then, a mean person like you will have' to be vanished from the holy soil of India. You are in league with . You have no integrity. You are a man without principles and morals. Unfortunately, you have won the election with the help of CIA by adopting dishonest means. You must thank your stars otherwise who woufd care for a worthless person like you. B~ the person whom you elevated as 'Ram' so that you could be his 'HanUlDall', bas disowned you. I doubt whether you are the son of ytiJtlt father or not. I bad come to Delhi. I went to your kothi, but unfortunately you we" not there. I was told tlIat you had gone to Shri 's kOlN. I did net baTe much time, otherwise, I could have settled the scores with you there and then. &f/- Ajay Kumar MinaI."

6 See Appendix I 13. Shri Ajay Kumar Mittal addressed a letter' dated the 4th March, 1979,· to the Speaker, in which he bad disowned the authorship of the im- puped Jetter, and stated as follows (ori&inal in Hindi) :- "4 M.arch. 1979 FI'OOl Ajay Kumar Mittal, 97, Khandak, Meervt (U.P.). To Shri K. S. Hegde, Speaker, Lok Sabha•. New Delhi Sir,

~ Mani Ram Bagri presented in Lok Sabha recently a JeUer contain- ing a threat against Shri Raj Narain, M.P., which was later referred to the> Privi.lqes Committee. A news in this regard was broadcast from A.I.R and published in the press.

I have come to know that the said letter was written in my name. 1 want to inform you that I have nothing to do with the letter and I did not write this letter. I feel that a person having enmity with me has played this mischief just to harass me. I hum1Sly submit that this matter may be looke.J into and the person found guilty be punished. I am always wittina to co- operate in any process of enquiry. .

With thanks. 'Yours, Sd/- (Ajay Kumar Mittan '

m. Fi.dings of the CoDUDittee 14. The Committee gave priority to this matter and considered it with great care as it related to an alleged threat to the life of a member of the Houst!. The Committee examined on oath Shri Raj Narain, MP and Shri Mani Ram Bagri, MP. The Committee also examined Shri Ajay Kumar Mittal, who is alleged to have written the impugned letter and Shri S. L. Mukhi, thl,} band-writing expert. When Shri Raj Narain, MP. appeared bef~ the ICommittee, he produced the impugned letter in original received by him. ~ Committee asked Shri Raj Narain. MP, to submit the original or photo- \ stat ~es of similar letters, stated to have been received by him rec::entJy, contairung threats to his life. He did not, however, produce any such Jette,. before the Committee.

7 ~r Appendix II. 5

Tbe Committee examined Sbri Ajay Kumar Mittal at considerable length and obtained his specimen signatures' and a specimen of his handwriting' i.l Hindi for being examined by the handwriting expert.

Aa desired by the Committee, the Chairman also addressed a letter" to the Speaker. Lok Sabha, requesting him to take up the matter with the Minis- ter of Home Affairs in order to provide for immediate suitable security arrangements for Shri Raj Narain, MP. A 1etter11 in this regard was accord- ingly addressed by the Speaker to the Minister of Home Affairs, who made the necessary security anangements12•

15. The Committee considered the written opinion13 of the handwriting ex· pert a copy of which was furnished by the Ministry of Home Affairs, on the question whether the handwriting and the signature of the impugned letter tallied with specimen handwriting and the specimen signatures of Shri Ajay Kumar Mittal. In the opinion of the handwriting expert, while the signature of Sbri Ajay Kumar Mittal on the cyclostyled letter dated the 4th March, 1979, addressed by him to the Speaker, Lok Sabha, tallied with his specimeo signatures, the handwriting and signature in the letter dated the 23rd Febru~ ary, 1979, alleged to have been. written by Shri Ajay Kumar Mittal tn Shri Raj Narain, MP, did not tally with his specimen handwriting and speCi- men signatures.

In this connection, Shri S. L. Mukhi, the handwriting expert, in his evidence, tonfirmed his written opinion and inter alia stated on oath ao; follows '- "After examining these dOCUDle'l1ts with the help of scientific aids, I have arrived at the foUowing conclusions. The first one iJ> that the handwriting evidence points to the writer of specimen writings marked S1 and S2 being the person responsible for writing the questioned writings marked Q' and Q' . . . . The second opinion I have given is that the questioned writings marked Q1 and QI could not be connected with thd specimen writings marked S1 and SI ...

8 Appendix-Ill. 9 Appendix-lV. 10 Appendix-V. 11 Appendix-VI. II Appcndix--VIJ. 13 Appendix--VIII. NOTE: The letter; SI S", QI, 0'. Q3, Q4 refer to the following documents ;-- SI: Sl'ccimen signatures of Shri Ajay Kumar MiuuJ SI: SJ)'"..cimen handwrit'ng of Shri Ajay Kumar MittaJ QIA: {ImpUgned letter dated 23-2-79 received "y Shri Raj Narain. Mr, containing Q2: threat to murder him. Ql Signature of Shri Ajay Kumar MittaJ on his cyc!ostyled Jetter dated 4-3-1979 addres!iCd to Sl'eaker. Lot Sabha. Q4 Addre<;s on t he envelop containing cyclnstyled letter dated 4-3-79 addressed to Speaker. Lok Sabha by Shri Ajay Kumar Millal. 6

I joined this laboratory as a Senior Scientific Officer (Documents) in 1972. Till today, I have examined more than 700 cases and have appeared before more than 300 courts as In expert. ...

I believe in most cases our opinions are being accepted 'be- cause, if there is something wrong and they pass a stricture again'!t us, that should be conveyed to us."

When asked to state whether he had received any such stricture so far, the witness replied in the negative.

The Mil'l1stry of Home Affairs have also informed l ' the Committee that "As for the investigations made with regard to the threatening letter alleged to have becn written by Shri Ajay Kumar Mittal to Shri Raj Narain, the in- quiries made in the matter did not confirm that Shri MittaJ had sent any such letter to Shri Raj Narain".

16. After careful consideration of all thc facts and circumstances, the Com- mittee have reached the conclusion that as the handwriting and signature in the lettcr dated the 23rd February, 1979, alleged to have bren written by Shri Ajay Kumar Mittal to Shri Raj Narain, MP, do not tally with his speci- men handwriting and specimen signatures, the impugned letter dated the 23rd February, 1979, addressed to Shri Raj Narain, MP, was not written by Shri Ajay Kumar Mittal, 96-Khandak, Meerut (U.P.).

17 .. In view of the above, the Committee arc of the opinion that the matter calls for no further action and so it may be dropped.

IV. Recommendation of the Cemmittee

18. The Committee recommend that no further action be taken by the House in the matter.

NEW DELHI; SAMAR GtJHA Chairman, T~ 31st May, 1979. Committee of Privil~es.

14 Su Appendix-IX. MJNUI'ES I First SittiDg

New Delhi, Tuesday, the 20th March, 1979

The Committee sat from 15.00 to 15.35 hours.

PRESENT Professor Samar Guha--Chairman

MEMBERS

2. Sbri Halimuddin Ahmed 3. Sbri Krishan Kant 4. Sbri Narel\dra P. Nathwani 5. Sbri Madl::av Prasad Tripatbi

SECRETARIAT Shri I. Pcrshad--Chief Legislative Committee Officer. Shri M. P. Gupta-Senior Legislative Concmitte.e O~r.

2. The Committee took up consideration of the question of privilege raised by Shri Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Narain, MP, contained in a letter received by the latter.

3. The Committee decided that, in the first instance, Sarvashri Mani Rial Baari ~ Raj Narain, MPs, might be requested to appear before the eo.- mittec for oral examinatioD. The Committee also dIrected that Shri Mani Ram Bagri and Sbri Raj Narain might also be asked to produce before the Committee the Original. letter dated the 23rd February, ] 979, stated to have been received by Sbri Raj Narain, MP, from Shri Ajay Kumar Mittal, Meerut, on the basis of whieh Shri Ba~i had raised the question of privilege in the House. •• •• •• •• The Committee then adjourned to meet tl/IOin on Tu!stlll'l. 1m 27th March, 1979 . •• Paras 4. 5 and 6 relate to other cases and have. accordingly. been omitted. 1 D Secoad SitdDg New Delhi, Tuesday, the 27th March, 1979 The Commitree sat from 15.00 to 16.45 hours.

PRESENT Professor Samar Guha--<:Iwirman

MEMBERS 2. Shri Halimuddin Ahmed 3. Shri Krishan Kant 4. Professor P. G. Mavalankar ';. Shri Narendra P. Nathwani 6. Shri Meetha Lal Patel

SECRETARIAT

Shri I. Pershad-Chiej Legislative Committee Officer. Sbri M. P. Gupta-Senior Legislative Committee Officl'r.

WITNESSES (i) ...... •• (ii) Shri Raj Narain. M.P. ... •• •• ...

5. The Committee then took up further consideration of the question of privilege raised by Shri Mam Ram Bagri, MP, reo alleged threat to inunier Sbri Raj Narain, MP, contained in a letter recdved by the latter.

6. Shri Raj Narain, M.P., was called in and examined on oath by the Committee.

7. Shri Raj Narain. M.P., handed over to the Committee thl: impugned original letter dated the 23rd February, 1979, stated to have been received by him from Shri Ajay Kumar Mittal, 97, Khandak, Meerut (U.P.).

The Committee asked Shri Raj Narain. M.P., to submit to the Com- mittee the original or photostat copies of similar letters containing alleged threats to his life received by him recently and also references to Lok Sahha

• Paras :!. ~ and 4 relate to an"thcr case and have. accordingly. been omitted. Debates which contained his statements or speeches against R.S.S. imme- diately preceding the letter from Shri Mittal to him. (Verbatim record of evidence was kept) (The witness then witMrew)

8. The Committee then deliberated on' the matter and decided to examine in J'eTSOn Shri Ajay Kumar Mittal, 97, Khandak, Meerut (V.P.) who is alleged to have written the impugned letter to Shri Raj Narain, M.P.

9. The Committee directed that the Ministry of Home Affairs might be asked to intimate whether any investigations had been started by them in the matter and, if so, the present stage thereof.

to. The Committee then adjourned to meet again OD Monday, the 9th April, 1979, at .15.00 hours. m 1bird Sittiq New Delhi, Monday, the 9th April, 1979 The Committee sat from 15.00 to 16.45 hours.

PRESENT Professor Samar Guha---

MEMBERS 2. Shri O. V. Alagesan 3. Shri Krishan Kant 4. Professor P. G. Mavalankar 5. Shri Narendra P. Nathwani

SECRETARIAT Shri I. Pershad-Chief Legislative Committee Officer. Shri M. P. Gupta~enior Legislative Commhtu Officer.

WITNESSES (1) Shri Mani Ram Bagri, M.P. (2) Shri Ajay Kumar Mittal, 97, Khandak, Meerut (U.P).

2. '!be Committee took up further consideration of the question of pri- vilege raised by Shri Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Harlin, MP. contained in a letter received by the latter. 1')

3. Sbri Mini Ram Bagri, MP, was called in and examined on oath by the Committee. (Vm'batim record of evidence was kept) (The witness then withdrew)

4. Shri Ajay KlUIUI[ Mittal of Meerut, the alleged author of tl1c impugned kttC( to Shri Raj Nania, MP, containing a tlPat to. murder the latter, was then called in and examined on oath by the Committee.

At the directiOll of the Committee, Sbti Ajay Kumar Mat,tal submitted W5 SpctIimen signatures and a specimen of his handwriting in HiAdi, before the Committee. (Verbatim record of evidence was kept) (The witness then withdrew)

5. The Committee then deliberated on the matter and felt that as the matter related to a threat to the life of a member of the House, the Speaker might be requested by the Chairman to consider the question of taking up the matter with the Minister of Home Affairs to provide for immediate suitable security anangemcnts for Shri Raj NaraiA, M'.P.

6. The Committee also decided that the specimen signatures and hant!- writing of Shri Ajay Kumar MittaI might be got examined and compared by a handwriting expert, through the Ministry of Home Affairs, witlt those of the letter dated the 23rd February, 1979, alleged to have been written by him to Shri Raj Narain, MP, as well as the letter dated the 4th March, 1979, addressed by him to the Speaker, Lok Sabha. •• •• ** ** The Committee then adjourned. IV Fom1h SItting New Delhi, Thursday, the 17th May, ] 979 The Committee set from 15.00 to 16.00 hours.

hZSENT Professor Samar Guha-Ch4irman

MEMBBRS 2. Shti Halimuddin Ahmed 3. Shri 0. V. Alagesan 4; Shri Hitendra Desai •• Para 7 relates to another oase aQd has, accordiQgly, been omitted. 5. Shri Krishan Kant 6. Professor P. G. Mava.1ankv 7. Shri Narendra P. Nathwani 8. Shri Meetha La! Patel 9. Sbri B. ShaukaruaQd. 10. Sbri Madbav Prasad Tripathi

SBORBTARIAT " Shri K. K. Saxe,.ar-Chief Examiner of Bil16 and Resolutimu. Shri M. P. Gupta-Senior Table OfJicer. 2. Tho Committee considerec;l. the qUestion of privUcge raLlied by Shrt Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Narait). MP, contained in a letter received by the latter. In this connection, the Com- mittee perused the report of the handwriting· expert furnished by the Ministry of Home Affairs on the Question whether the specimen signatures and handwriting of Shri Ajay Kumar Mittal tallied with those of the letter dated the 23rd February, 1979, alleged to have been written by Shri Ajay KlUDar Mittal to Shri Raj Narain, MP, as w.ell as the letter dated the 4th March, 1979~ addressed by him to the Speaker, Lok Sabha. The Committee decided that the report of the handwriting expert fumishcd by the Ministry of Home Affairs be circulated to the Members of the Committee and the concerned handwriting expert bo asked to appear before the Committee for oral examination on Friday, the 18th May, 1979, at 16.30 hours. •• •• •• •• The Committee then adiourned. v Fifth Sitting New Delhi, Friday, the 18th May, 1979 The Committee sat from. 16.30 to 17.25 hours.

PRESENT Professor Samar Guha--Chairman

MEMBI!U 2. Shri O. V. Alagesan 3. Professor P. G. Mavalanbr 4. Shri Narendra P. Natbwani 5. Shri B. Shankaranand 6. Shri Madhav Prasad Tripatbl •• Para 3 rdlatc9 to another CMC and ha.~. accordiftl/y, been omitted. 12

SECRETARIAT Shri M. P. Gupta-Senior Table Officer.

WITNESS Sbri S. L. Mukhi, Senior Scientific Officer (Document$)-cum- Asstt. CMmical EXIlminer to the Government of India.

2. The Committee took up further consideration of the qUestiOD of pri- vilege raised by Shri Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Narain, MP, contained in a letter received by the latter.

3. 'Shri S. L. Mukhi, Senior Scientific Officer (Documents)-cum-Asstt. Chemical Examiner to the Government of India, was called in and exami- ned OD oath by the Committee. (Verbatim record of evidence was kept) (The witness then withdrew)

4. 1'be Committee then deliberated on the matter and decided to CODSi- der tlleir draft Report on the matter at their next sitting. •• •• •• •• 6. The Committee decided to hold their next sittings on the 30th and 31st May, 1979. The Committee then adjourned.

VI SIxth Sittlog New Delhi, Wednesday, the 30th May, 1979 The Committee sat from 15.30 to 16.45 hours.

PRESENT Professor Samar Guha-Chairman

MEMBERS 2. Shri O. V. Alagesaa 3. Professor P. G. Mavalankar 4. Shri Narendra P. Nathwani 5. Shri Meetha La! Patel 6. Shri B. Shankaranand 7. Shri Madhav Prasad Tripatbl •• Para S, relates to another case and has, accordinaiY. been omitted. 13

SECRETARIAT Shri M. P. Gupta~Mi9' Table Ofjicer.

2. The Committee took up further consideration of' the question of privilege raised by Shri Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Narain, MP, contained in a letter received by the latter.

The Committee reached the conclusion that as the handwriting and signature in the letter dated the 23rd february, 1979, alleged to have been written by Shri Ajay Kumar Mittal to Shri Raj Narain. MP, did not tally with his specimen handwriting and specimen signatures,. the. impugned letter dated the 23rd February, 1979, addressed to Shri Raj Narain, MP, was not written by Shri Ajay Kumar Mittal. 97, Khandak, Meerut ((J.P.). The Committee were of the opinion that the matter called for no furllier action and it might be dropped. The Committee decided to recommend that no further action be taken by the H0US~ in the· m&tter J

3. The Committee finalised their findings and' recommendation on' the above matter and decided that the draft Report of the Committee based;on the findings and recommendation finalised by them, might be circulated to the members of the Committee: for consideration at their sitting to be held on the 31st May, 1979.

The Committee deQded that the entire evidence taken before the Committee and the relevant documents produced before the CdntrniCtee be appended to the Report of the Committee . •• •• •• •• S. Tbe Committee then adjourned to meet again on Thursday, the 3Ist May, ] 979, at 10.00 hours.

VII Seventh SIttIng ft New Delhi, Thursday, the 31st May, 1979 The Committee sat from 10.00 to 12.40 hours.

PRESENT Professor Samar Guha~hairnum

MEMBERS 2. Shri Halimuddin Ahmed 3. Shri O. V. Alagesan 4. Professor P. G. Mavalankar S. Shri R. MohanarangaDl •• Para 4 relates to another case and has, accordi",ly been omitted. 5/7 LSS/79-2. 14

6. Shri Narsingh 7. Shri Narendra P. Nathwani 8. Shri Meetha Lal Patel 9. Shri B. Shankaranand 10. Shri Madhav Prasad Tripathi 11. Shri Ravindra Varma

SECRETARIAT Shri M. P. Gupta-Senior Table Officer.

2.. The Committee considered their draft Fifth Report on the question of privilege raised by Shri Mani Ram Bagri, MP, reo alleged threat to murder Shri Raj Narain" MP, c~)Dtaincd in a letter received by the latter. In this connection, the Committee also considered a note by Shri Narsingh, a member of the Committee, containing sUfgestions for certain amendments in the draft Report of the Committee. . The Committee adopted the draft Report with certain modifications of a verbal and drafting nature.

3. The Committee decided that as the House was Dot in Session and tbe term of the present Committee would end on the 31st May, 1979. the Fifth Report of the Committee might be presented by the Chairman to the Speaker under the pro\jsions of Rule 280 of the Rules of Procedur:::. and Conduct of BUSiness in Lok Sabha read with Direction 71A of the Directions by the Speaker, and that thereafter the Re~ort be presented to the House during the next Session under the provisions of the above Rule 4nd Direction. 4. The Committee then, 'adjourned. MINUTES OF EVIDENCE '

LIST OF WITNESSES '

PAGES Tuesday, the 27th March, 1979 Shri Raj Narain, M.P. 16-24

Monday, the 9th A.pril, 1979 I

Shri Mani Ram Bagri, M.P. 25-28·

Shri Ajay Kumar Mittal, 97, Khandak., Meerut (U.P.) 29-42

Friday, the 18th May, 1979

Shri S. L. Mukhl, Senior Scientific Officer (Documents) 43-44 cum-Asstt. Chemical Examiner to the Government of India

15 MINUTES OF EVIDENCE TAKEN BEFORE THE COMMITTEE OF PRIVILEGES

Tuesday, the 27th March, 1979

PRESENT Professor Samar Ouba-CluJirn"m

MEMBERS

2. Shri Halimuddin Ahmed 3. Shri Krishan Kant 4. Professor P. G; Mavalankar 5. Shri Narendra P. Nathwani 6. Shri Meetha Lal Patel.

SECRETARIAT Shri I. Pershad-Chief Legis/alive Committee Office,. Shri M. P. Gupta~enior Legislalive Committee Offic~r.

WITNESS Shri Raj. Narrun, M.P. (T~ Committee met at 15.00 hours)

Evidence of Sbri Raj Nania, M.P.

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SHRI NARENDRA P. NATHWANI: You don't know that person. You had no contact. It was for the first time,

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MEMBERS 2. Shri O. V. Alagesan 3. Shri Krishan Kant 4. Professor P. G. Mavalankar 5. Shri Narcndra P. Nathwani

SECRETARIAT Shri I. Persbad-Chiel Legislative Committee Officer. Shri M. P. Gupta~enior Legislative Committee Officer.

WITNESSES (i) Shri Mani Ram Bagri, M.P. (ii) Shri Ajay Kumar Mittal, 97-Khandak, Meerut (U.P.). (The Committee met at 15.00 hours)

(i) Evidence of Shri Mani Ram Bagri, M.P. W~,r~ ~~U: ~~ If~ it ..tT ~ if1"mfVT ~ ait ~ Itfr ~~ ~f.\' it ~~ it ~ tm f~i'Ofa

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(ii) Evidence of Shri Ajay Kumar MittaI. 97, Khandak, Meerut.

MR. CHAIRMAN : Shri Ajay Kumar, Mittal, you have been asked to appear before this Committee to give evidence in connection with the ques- tion of privilege raised by Sbri Maw Ram Bagri, M.P. regarding the threat to murder Shri Raj Narain, M.P. contained in the letter addressed by you to h~. I hope you wi~ state the factual ~ition frankly and briefly to enable thiS COJIl1lllttee to amve at-a correct findmg.

I may infonn you 'that under Rule 275 of the Rules of procedure, the evidence that you may give before the Committee is to be treated by you as confidential till the Report of the Committee and its proceedings are present- ed to the Lot Sabba. Any premature disclosure of any publication of the proa:wJi9 of the Committee would constitute a breach of privilege and contempt of the Committee. The evidence which you give before the Committee may be reported to the House.

Now you may take the oath or affirmation as you like. (Oath was' taken).

MR. CHAIRMAN : When did you see this report about privilege regard- ing the letter written to Shri Raj Narain ?

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The witness Shri Ajay Kurntll' Mitlal was asked to write down a passa~e a{ dicttlled to him.

SHRI KRISHAN KANT : Mr. Nathwani, is it all right or do you want something more? SHRl NARENDRA P. NATIlWANI : One or two sentences more.

The witness was shown a letter bearing a signature purporting to be that 0/ Ajay KU1Mr Mittal.

Witness says that it is IIDt his signature. The witness was shown the entire letter of 23rd February, 1979. SHRI NARENDRA P. NATIlWANI : Is it in your handwrit.inJ? SHRI AJAY KUMAR MIITAL : It is not. SHRI NARENDRA P. NATHWANI : Give him a piece of paper and ask him to give his six signatures. SHRI NARENDRA P. NATHWANI : Mr. Ajay Kumar Mittal. please leave some space after your signaturc>-one after another.

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.. ft'Q' pm M,",: ~ ifT'( 8l ~ ~ "m ~" ft;AT t I MR. CHAIRMAN : I am asking you whether you have made any com- ment whatsoever about Shri Raj Narain. In the Nov Bharot Times, in the letters column, you write a letter in which you describe Shri Raj Narain as 'Ati Wadi', Extremist-'duragrahi'. - SHRI KRISHAN KANT : In which paper does this appear?

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SHRI KRlSHAN KANT : What business? SHRI AJAY KUMAR MITTAL : My father has got two sulphatation (khandsari) plants near Meerut. SHRI KRISHAN KANT : How many brothers and sisters are you 1 SHRI AJAY KUMAR MlTTAL : We are four brothers and two sisters. SHRI KRISHAN KANT: You have seen the handwriting. iDa you know anybody haVing this type of handwriting? SHRI AJAY KUMAR MITTAL: No. SURI KRISHAN KANT : Since when you are in RSS? SHRI AJAY KUMAR MITrAL: Since childhood. SHRI KRlSHAN KANT : Have you worked for Jan Sangh in the last elections 1 SHRI AJAY KUMAR MITTAL: No. But all my family members vote for Jan Sangh. SURI KRISHAN KANT : Did you offer Satyagrah during emergency? SHRI AJAY KUMAR MITTAL: No. SHRl KRlSHAN KANT : Your brothers are younger or elder to you. SHRI AJAY KUMAR MITTAL : One is elder to me and the other two are younger to me. 'I'hey are associated in business with my father. SHRI KRISHAN KANT: Have you a share in the business? SHRI AJAY KUMAR MITrAL: No. My wife has a share. SHRI KRISHAN KANT: Does Mr. Om Prakash meet you quite oftm when he comes there? SHR! AJAY KUMAR MITTAL: I am posted at Moradabad. Some- times when he comes I meet him, sometimes I do not. SHRI KRISHAN KANT : Do you go to Shakas ? SHRI AJAY KUMAR MITTAL : Not regular. Sometimes I go, sometimes I don!'t go. SHRI KRISHAN KANT : How many are held in Moradabad ? SHRI AJAY KUMAR MITTAL : 10 or 12. SHRI KRISHAN KANT : Do you know the locality'S name. SHRf AJAY KUMAR MITTAL : I don't know; I am new. SHRI KRI'SHAN KANT: How many go ? SHR! AJAY KUMAR MITTAL : Round about a dozen. ' SURI KRlSHAN KANT : Have you discussed Raj Narain's statement on RSS there? 34 SHRI AJAY KUMAR MITrAL: Sometimes we do; someUmes we dis- cuss. But the fact is that we did not consider it worth a discussion. SHRI KRISHAN KANT : You have, in your letters, mentioned this. You might have discussed with friends in Shakas .. SHRI AJAY KUMAR MITrAL: But this habit of writing is confined to myself only. I do not discuss the subjects I write with other persons. SHRI KRISHAN KANT.: What did you say about U.P.? SHRI AJAY KUMAR MiTrAL: I said U.P. was governed by a very incompetent man. SHRI KRISHAN KANT : Now or earlier? SHRI AJAY KUMAR MiTrAL: Earlier, in February when was the CM, there was an Editorial in Navbharat Times. My letter was in answer to that. I wrote that by his incompetence he has driven the State into some bad state of affairs. The CM imposed ban on Shakas in U.P. at the instance of Raj Na.tJlin, who is an extremist or atiwadi ... SHRI KRISHAN KANT : Have you written anything after the forma- tion of the new Government? SHRI AJAY KUMAR MITTAL : Yes. ' SHRI KRISHAN KANT : Have you mentioned about composition of the Cabinet? ' SHRI AJAY KUMAR MITrAL: I have written about the concept of party allegiance propounded by Mr. Banarsi Das. He says that the Jan Sangh has dual allflgiance. May I say this? They are very disciplined and they are actually the only lot which are disciplined in the country. SHRI KRISHAN KANT : What did you say about dual membership? SHRI AJAY KUMAR MiTTAL : Mr. Banarsi Das's concept is a strange concept. On the one side he has included Muslim MajIis in his government. On the other side he is saying such things about the RSS. As we all know, BJS has completely merged with Janata. SHRI KRISHAN KANT : Did you mention about Mr. Raj Narain in that? SHRI AJAY KUMAR MITTAL: No, Sir. SHRI KRISHNA KANT : Or about Mr. ? SHRI AJAY KUMAR MITTAL: About Mr. Charan Singh, I have never mentioned. ' SHRI KRISHAN KANT: In that letter you wrote that the Muslim Majlis and the J anata Party Members are having dual membership. That' means, it should be tolerated. ' 35

SHRI AJAY KUMAR. MITrAL: Yes, Sir. I

SHRI KRISHAN KANT : So, a person who is an RSS can be a lanata Party member and so also the Muslim Majlls man may be ... SHRI AJAY KUMAR MITrAL: No. Muslim Majlis has separate entity. Muslim MajIis is a political party, whereas RSS is a non-political party. SHRJ KRISHAN KANT : Do 'you know why Mr. Raj Narain was opposed to RSS? SHRJ AJAY KUMAR. MITTAL: As far as I can analyse. I think only after he was thrown out of the Central Cabinet at the instance of the Himachal Pradesh Chief Minister, he had started opposing RSS.

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SHRI AJAY KUMAR MITrAL: Hundred per ~ent sure. PROF. P. G. MAV ALANKAR : For how many years have. you been writing letters to various newspapen about current affairs ? SHRI AJAY KUMAR MiTrAL: Almost a decade. PROF. P. G. MAVALANKAR : Do you writr on an average one letter a week ? SHRI AJAY KUMAR MITrAL: During emergency, I did not write even a single letter, but before and after eme-rgcncy, I have been writing a letter say every fortnight. PROF. P. G. MAVALANKAR : Do your letters gel published in- variably? SHRI AJAY KUMAR MITrAL: Only 50% of them. PROF. P. G. MAVALANKAR : You and your family have been in RSS and you always voted for Jan ..langh. SHRI AJAY KUMAR MITrAL: Yes, Sir. PROF. P. G. MAVALANKAR : Would you be I.:orrect to say that RSS and Jan Sangh are inseparably connected with one another ? SHRI AJAY KUMAR MITTAL: They can be separated, but they have to be connected also because no other political party was ready tll welcome the RSS men in its fold; it was cnly BJS, which did it. PROF. P. G. MAVALANKAR : You joined RSS at the age of seven. Who took you there ? SHRI AJAY KUMAR MITTAL : Probably, it was my cousin. PROF. p, G. MAVALANKAR : What were you doing at that time?

SHRI AJAY KUMAR MITrAL: We used to pray and sing SOOgN. PROF. P. G. MAVALANKAR : At what age- did you start parti- cipating in 'Boudhik' 'I SHRI AJAY KUMAR MITrAL: When I was 12-13 years and studying in eighth or ninth class. PROF. p. G. MAVALANKAR : What exactly is the 'Boudhik' ? 37

SHRI MAY KUMAR. MITrAL: It is a kind of lccture by any- body. PROF. P. G. MAVALANKAR: What subjects do you discuss 1 SHRI AJAY KUMAR MITrAL: Anything pertaining to our country and its problems. I PROF. P. G. MAV ALANKAR : Is RSS ideology positive or negativc? SHRI AJAY KUMAR MITrAL: It is positive.

PROF. P. G. MAVALANKAR : 00 you stand for somethi~ ? SHRI AJAY KUMAR MITrAL: Yes, Sir. PROF. P. G. MAVALANKAR : What are those? SHRI AJAY KUMAR MITrAL: We stand for a great, powerful and strong nation. PROF. P. G. MAVALANKAR What are the points you are against? SHRI AJAY KUMAR MITrAL We are against traitors, treachery etc. PROF. P. G. MAVALANKAR: What methods do you adopt for getting rid of traitors ? SHRI' AJAY KUMAR MITTAL: We have got a method. We call it 'lok sampark'. We go to persons and talk to them personally; and we bring them to our programmes, to our 'shakaas' and try to change th~. PROF. P. G. MAVALANKAR : And if you cannot change them'r SHRI AJAY KUMAR MITrAL: So what 1 We try it on some other persons. PROF. P. G. MAV ALANKAR: If you cannot change a particular person, and if you think he is a traitor how do you change him ? SHRI AJAY KUMAR MIITAL: We think that everr. person is a potential RSS-person. If he does not understand today, he Will understand tomorrow. PROF. P. G. MAVALANKAR: Can a person like Mr. Raj Narain also be persuaded? AJAY KUMAR MITrAL: Yes, certainly. PROF, P. G. MAV ALANKAR: What is your argument? I would like to follow it. You are saying that you are against traitors. You also say that you will persuade them. SHRI AJAY KUMAR MITTAL: Only by persuasion can we try. What else can we do 1 It is for the Government to sec, if a person is harming the nation, that he is booked and punished. 38

PROF. P. G. MAVALANKAR: You said you have been writing letters; but you never wrote letters about Mr. Raj Narain as such, although you have mentioned his name in the letters. ' SHRl' AJAY KUMAR MITTAL: Yes. Probably in some letters, I had criticized Mr. Raj Narain. PROF P. G. MAVALANKAR: Forget the letters, and Mr. Raj Naraiu' as such as an individual. Suppose you find that some people in India are either not members of the RSS, 01 they do not go to the 'shakaas' or accept its ideology, what kind of attitude you will have towards them? SHRI AJAY KUMAR MIITAL: Institutionally, I do Dot like those persons, but I think they can be changed. ' PROF P. G. MAVALANKAR: It is right. What is your attitude? Do you tolerate them, or would you see that they are somehow dealt with? SHRI AJAY KUMAR MITTAL: We are actually tolerant. We will certainly welcome them. MR. CHAIRMAN: Suppose you see, according to your opinion, that a man is a traitor to the nation. Do you intend to go to the extent of exterminating him? SHRI AJAY KUMAR MITIAL: Never, Sir, I am a very feeble- hearted person. MR. CHAIRMAN: I am talking about the organization. If it finds a person to be a traitoI', would it go to the extent of eliminating him physically? SHR} AJAY KUMAR MJTT AL: It is not for me, or for tbe RSS to do any~hing. It is for the Government to see that the man is booked. SHRI' O. V. ALAGESAN : Since whicb year have you been a member of RSS? SHRI AJAY KUMAR MIITAL: It should be from the vear 1960. probably. I was then eight years old. SHRI O. V. ALAGESAN: What is your education? SHRI AJAY KUMAR MITTAL : I am an M.Sc. in Physics. SHRJ O. V. ALAGESAN: When was this RSS started? SHRI AJAY KUMAR MITTAL : ft was started in 1925. SHRI O. V. ALAGESAN: Our country became free in 1947. What was the part played by the RSS in the freedom movement of our country. SHRJ AJAY KUMAR MlTTAL: In the movement that we caU freedom movement, RSS as an organization as such did not participate. But. the fact is that RSS people, individually, went to jails. They did offer satyagraha. And even the RSS founder was jailed for some years. SHRI O. V. ALAGESAN : For what? 39

SHRI AJAY KUMAR MITrAL: In 1921 when he delivered a very seditious speech. In 1930, in Gandhian Movement, the RSS's founder went to jail with many of his colleagues. SHRf O. V. ALAGESAN: RSS as such did not take part in UJe freedom movement. SHRI AJAY KUMAR MIITAL: It is like an institution in whicll patriotism is inculcated in its members. MR. CHAIRMAN: It is essentially a cultural and social organIzation. SHRI AJAY KUMAR MITTAL: Yes. SHRl O. V. ALAGFSAN: RSS as such did not take part in the freedom movement. Am I right? SHRI AJAY KUMAR MITrAL: RSS concentrates itself upon its work in shakhaas where people arc inculcated patriotism and Icarn ta sacrifice for the nation. SHRI O. V. ALAGESAN : When our country was under foreign rule. was it not patriotism to see that foreign rule was removed from the IltOd 1: Was such a teaching part of the RSS programme? SHRI AJAY KUMAR MIITAL: Yes. SHRI O. V. ALAGESAN: But RSS itself did not take part m the freedom movement. SHRI AJAY KUMAR MITrAL: RSS aided the freedom movement. There was a great revolutionary from Maharashtra who was given shelter by one of our Sarsanghchalaks in Maharasbtra. Similarly, other revolutIOn- aries continued to find shelter with RSS people. SHRI KRISHAN KANT: Do you mean to say that they believed in non-violence and not even in Oandhian movement? SHRI AJAY KUMAR MITrAL: Even after founding RSS, it:;. founder remained the Secretary of the Madhya Bharat Congress Commiuee. SHRI O. V. ALAGESAN: How many people are connected with RSS who are actually associated with RSS 'l How many people would have gone to jail during the freedom movement?

S~RI AJAY KUMAR MITTAL: I do not have any figure. Probably many would have gone to jail. SHRJ KRISHAN KANT: The whole approach of the Congress in fighting the Britishers was questioned and it was said that Congress was the agent of the Britishers. SHRI AJAY KUMAR MITrAL: That way, we have criticised even the revolutionaries. MR. CHAIRMAN: We are not very much interested in your ideologi- cal objective. 40

One relevant point was asked whether RSS Was interested in vloler.t activities. SHRI AJAY KUMAR MITrAL: No, Sir; RSS is interested in con- :structive activities. SHRI O. V. ALAGESAN: Who assassinated Mahatma Gandhi '! SURI AJAY KUMAR MITIAL: Godse. SHRI O. V. ALAGESAN : Was he not connected with RSS? SHRJ AJAY KUMAR MITrAL: No; he was connected with Hindu Maha Sabha. SHRI KRlSHAN KANT : Was he ever connected with RSS ? SHRI AJAY KUMAR MlTTAL: Never. Mahatma Gandhi is a great man and he is mentioned in our prayers also. SHRJ O. V. ALAGESAN: Do you follow Mahatma Gandhi's teachings or you simply consider him as a great man? SHRI AJAY KUMAR MITrAL: I do like some of hi" economic ideas pertaining to decentralisation and all that. SHRI NARENDRA P. NATHWANI: Are you an active wor'ker of the RSS or an office bearer of the RSS ? SHRJ AJAY KUMAR MITrAL: I am at present not an office be'uer but before the Emeq~ency J was an office bearer in Meerut, Boudhik Pramukh in chat"ge of ideological education. SHRI NARENDRA P. NATIlWANI: Do you think that Raj Narain's presence in the Cabinet was a disgI'Ilce to the Cabinet? I am asking your views. SHRl' AJAY KUMAR MITTAL: Yes, I do think so. SHRJ NARENDRA P. NATHWANI : You also believed that as he was ,expelled, he was asked to resign from the Cabinet-you perhaps felt that Raj Narain had a grievance against the Jan Sangh and therefore he was ~arrying on a campaign against RSS. Is that yOUl'o view? SHRI AJAY KUMAR MITTAL': Yes. SHRJ NARENDRA P. NATHWANI: You are looking forward to Shri Atal Bihari Vajpayee becoming Prime Minister of India in due course of time? 1_ SHRI AJAY KUMAR MITIAL: Not now; but if he becomes, I will welcome it because he is a good man. SHRf NARENDRA P. NATHWANI: According to you he has a good chanee to become the Prime Minister of India? Nothing wrong in that. . SHRI AJAY KUMAR MITIAL: At present, thinking realistically, he hilS got no chance to become the Prime Minister. But in the future, it may come about. '·41

.. SHRI NARENDRA 'po NAlHWANl : Do you believe that Raj Narain is in league with Shrimati Indira Gandhi ? SHRI AJAY KUMAR MITIAL: I read the news that he had met Mr. . I am in two minds. SHRI NARBNDRA P. NATHWANI: Your condition of mind, you should know. I am asking a specific question: do you think that he is in league with Mrs. Indira Gandhi at present? SHRI AlAY KUMAR MIlTA!.: At. far as the opposition to the RSS: is concerned and campaign is concerned, he is in league with Mrs. Indira Gandhi. SHRI NARENDRA P. NA11fWANI : Do you think that Shri Raj Narain is a man without integrity ? SHRI AlAY KUMAR MI1TAL: About his integrity I cannot say. li you permit me to use a word ... Well, may be or may Dot be. About his integrity I cannot say anything. SHRI NARENDRA P. NATIIWANI: So, he is a man of integrity? SHRI AlAY KUMAR MITIAL: I cannot say either way. I am Dot in the know of such things. SHRI NARENDRA P. NATRW ANI: Is he a man of principles, if not a man of integrity ? SHRI AlAY KUMAR MITrAL: Certainly, he is not a man of principles. SHRI NARENDRA P. NATIlWANI: Do you think that he won his last election with the help of CIA ? SHRI AlAY KUMAR MIITAL : It is all bunkum. SHRI NARENDRA P. NATRWANI: Is it because of the help of CIA ? SHRl' AJAY KUMAR MIlTAI. : It was a Janata wave that took him to victory. SHRI NARENDRA P. NATIIWANI: Do you think that he was helped by the CIA ? SHRI AJAY KUMAR MITrAL: I do not think so. SHRI NARENDRA P. NATHWANI: Have you read this letter which purports to bear your signatures 7 SHRI AJ A Y KUMAR MTITAI. ': I saw it in the 'Sun' WeekJy which is from New Delhi. It published a photostat copy in March 10, issue. SHRI NARENDRA P. NATHWANI: So, you have seen it. SHRI AlAY KUMAR MtITAL: YeS, Sir. 42

SHRI NARENDRA P. NATIfWANI: Would it be correct to say that you share some of the views raised about Shri Raj Narain in that letter. " SHlU AJAY KUMAR MITTAL: Well. I do not remember the letter now. SHRI NARENDRA P. NATIfWANI: I' have asked you all the~c questions. These are the statements made therein about Shri Raj Narain, I was asking you those questions. SHRI AJAY KUMAR MITTAL: Yes, only some of these. SHRI NARENDRA P. NATIfWANI: Can you suggest why some one should have forged your signature? According to you, it is a forgery. You have not signtif it. Can you suggest why any person should forae your signature and send such a leiter? SHRI AJAY KUMAR MITTAL: There can be two motives behind this action- 1. The first is to cause me embarrassment. 2. The other one is to malign or give a bad name to the RSS. SHRI NARENDRA P. NATIfW ANI: Could you be a little frank? • Who tried to forge your signatures? Have you anythin& to suggest? Do you have doubt about any person? SHRf AJAY KUMAR MITTAL: I cannot say. (Witness then withdrew)

Friday, the 18th May, 1979

PRESENT Professor Samar Guha-Chai,man

MEMBERS 2. Slui O. V. Alagesan "3. Professor P. G. Mavalankar 4. Shri Narendra P. Nathwani 5. Shri B. Shankaranand 6. Shri Madhav Prasad Tripathi

SBCRETARIAT Shri M. P. Gupta-Senior Table Ofiar. WITNESS Shri S. L. Mukhi, Senior Scientific Officer (Documents)-Cum-Asstt. Chemical Exlnniner to the Government of India (The Committee met al 16.30 hourJ)

Evidence of Shri S. L. Mukhi

MR. CHAIRMAN: Mr. Mukhi, I welcome you to the Committee. The evidence that you will give before the Committee is to be treated as confidential till the Report of the Committee is submitted to the Hou!le. You may please take the oath now. (Shri Mukhi then took the oath)

MR. CHAIRMAN : Mr. Mukhi, you have seen the specimen writings ~igned by Shri Ajay Kumar Mittal and also the letter written in his name and containing a signature. Did you examine them ? SHRI S. L. MUKID : Yes. I have examined the documents submitted to our laboratory. There was one threatening letter as well as two other, one bearing the signature of Shri Ajay Kumar Miual on cyclostyled one, also bearing the writings and signature of Shri Ajay Kumar Mittal on an envelope, along with the specimen writinp of Shri Ajay Kumar Mittal. MR. CHAIRMAN : What is your finding'? SHRI S. L. MUKHI : After examining these documents with the help of scientific aids, I have an'ived at the following conclusions. The first one is that the handwriting evidence points to the writer of specimen writings marked SI and S2 being the person responsible for writing the que4tioned writings marked 03 and 04. That is, the two letters bear the signatures of Shri Ajay Kumar Mittal~e cyCiostyled letter as well as an envelope. The second opinion I have given is that the questioned writings marked Q 1 and 02 could not be connected with the specimen writings marked 81 and S2. SHRI NARENDRA P. NATHWANI: Please teU us about your ex- perience as a handwriting expert. SHRI S. L. MUKHI: 1 joined this Laboratory as a Senior Scientific Officer (Documents) in 1972. Till today, I have examined more than 700 cases and have appeared before more than 300 courts as an expert. SHRI NARENDRA P. NATIlWANr: In the 300 and odd courts before which you have appeared, in how many cases was your opinion accepted ? SHRI S. L. MUKHI: I am yet to know even about a single case because they are not passing the judgment to us. I believe in most cases our opinions are being accepted because, if there is something wrong and they pass a stricture against us, that should be conveyed to us. SHRI NARENDRA P. NATHWANI: So fat you hav~ .not received any stricture? SHRI S. L. MUKHI : So far I have not. SHRl NARENDRA P. NATHW ANI': Did you send us your opinion in wliting7 SHRI S. L. MUKHI : Yes, I have submitted my report. $HR.I NARENDRA P. NATHWANI: Your opinion, giving the grounds 7 SHR.I S. L. MUKHI : Yes, giving my grounds. PROF. P. O. MAVALANKAR: Please see the original and tell us whether that is the one you sent us and whether the signature therein is youtS .., MR. CHAIRMAN: It will be shown to you. PROF. P.O. MAVALANKAR: It will be shown to you: please go through it and please tell us whether that report and the signature are yours. SHRI S. L. MUK1fi: Whatsoever I have mentioned in the Report is correct. This is the copy of my report I had submitted. As regards my qualifications I may only mention that 1 am M.Sc. as well as It oo-author of a Paper which has been I'eCently published in a journal published from the Netherlands called 'International Forensic Science'. SHRI NARENDRA P. NATIIW ANI: Have you got a copy of the Article 7 SHRI S. L. MUKHI: Yes, I have got a copy of the same and the same I give to the Committee. MR. CHAIRMAN: Thank you very much. Now, you may withdraw. (At this stage the witness withdrew) APPBNDICBS

45 :an LSS/79-4 LIST OF APPENDICES

I. P!toto,tat oory of letter, dt. 23-2-1979 addressed to Shri Raj Narain, M.P.

II. P!totostat copy of letter, elated ~3-1979 addressed to the. Speaker, l..ok Sabha by Shri Nay Kumar Mlttal Ill. Ph:>tostat copy of the specimen silRatures ofShri Nay Kumar Mittal IV. Photostat copy of the specimen handwriting of Shrl Nay Kumar Mittal V. Copy of letter dt. 11-4-1979 from Prof. Samar Guha, Chairman, Commltteeo(Privileges to the Speaker, LokSabha VI. Copy of letter, dt. 17-4-1979 from the Speaker, Lok Sabha to the MinisterofHome Affairs, Government oUndia, New Deihl VII. Copy ofletter dt. 18-5-1979 from the Home Minister, Govt. of India to the Speaker, Lot Sabha VIII. Copy of written opinion of thc Handwrltin, Expert IX. Copy of the Ministry of Home Affairs O.M. dt. 16-5-1979

47 { See paras 10 and 12 or th Ph t - II Report' o Oltat -cop, r .ddrlls.lld to ~r~__ a!jt:llr,dt.2~.2.?9arain, M.P.

APPINDIX II (!!! para 13 of the Report) Photostat oopy- of letter, dated 4~3.1979 addressed to the Speaker, Lok Sabha by &fir1 Ajay Ku~ar Mittal. ~- - "~Q ~Tl' ~, • 97 ,8~, frl'~8\ro 90 8

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~~ ~'d1r( ~~ 3b1-u-- .. ~.~ ~ 3-htzr~~)n2 ,~ APPEN"JIX IV I (See para 14 of' the Reool't) Photos~t ... oop,. of the specimen ban~r1tlRC of' Sh.Aj.,. Kumar Mittal. _ APPENDIX V (S,. para 14 of the RepOrt) Copy of letter dt. 11-4-1979 from Prof. Samar Goba. ChaIrman, Committee of Privileaes to the Speaker. Lot Sabha. No. 18/2/CI/79 CONFIDENTIAL

Prof. Samar Gub&, CHAIRMAN 147. Parliament House. COMMITTEB OF PRIVILEGES NftI IHIhI II,,, Alrll, 1979

StllUllC1': Question of, rivUoae raised by Shri Mani Ram Halfl. M.P. rt: aIlepd threat to murder of Shri Raj Narain, M.P., contained in a It-tter receivtd by the latter. Dear Hon'ble Speaker, On tbe lst March. 1979, when Shri Mani Ram Baari, M.P.,lIOu,ht to raise the above que~tion of prlvlleae In the Houee tile mlltter was referred by you to the Committee of Privileacs. 2. The Committee of PrivllelCS at their sitting held on the 9th April 1979, whlle considerina this matter felt that as this matter related to a threat to the life of a member of the House, Shri Raj Narain 'you mi,at he requested to consider tile question of lakina up the matter with the Minister of Home Affairs to rrovlde for immediate suitable aecurlty arranaements for Sbrl ~ Naraln. M.P. Witbreprd.,

Y01ll'l .....,.. Set,- (Samar Guba)

Hon"ble Justice IC. S. Reade, Speaker, LokSabba Nlw Dm.m.

55 APPENDIX VI • (See para 14 of the Report)

Copy of letter, dt. 17-4-1979 from the Speaker, Lok Sabha to the Minister of Home Allain, Government of India, New Delhi. MOST IMMEDIATE CONFIDENTJAL

D.O.No.18/2/CI/79 17th April, 1979.

Dear Shri Patel.

On the 1st March, 1979. when Shri Mani Ram Bagri. M.P.• soughlto raise a question of privilege in the House regarding aUeged threat to murder Shri Raj Narain. M.P .• con- tained In a letter (Appendix) received by the latter, I referred the matter to the Comrr.ittec of Privileges. The 'Committee of Privileges at their sitting held on the 9th April, 1979, felt that as this matter related to a threat to the life of a member of the House (Shri Raj Narain), you might be requested to make suitable security arrangements for the member.

I would request you to kindly take necessary action in the matter and inform us.

Yours sincerely, ScI 1- (K. S. H~gde) Shfl H. M. Patel, Minister of Home Aft'alr~. Government of India. Nlw DlLHI·

56 APPENDIX vn (See para 14 of the Report)

Copy oflelter dt. 18-5-1979 from the Home Minister, Govt. of India tothe Speaker, Lok Sabha.

D.O.No.V1.23014/31/78-GPA m HOME. MJNISlER INDIA New DeIhI,110001 May 18, 1979.

Dear Shri Heade, Kindly -refer to your d.o.letter No.18/2/CI/79 dated the 17th April, 1979 rel8rdlnll alle,cd threatto murder Shri Raj Narain. M.P., contained in a letlClr receiVed byhlm and the fe"linll'l expreSSCId by the Committee of Privileges.

2. !iltri Raj Narain has been provided nClQeSsary protection by the Deihl PoUcc and the State ell) have also b=cn informed to make suitable unobtrusive arrat\lOfllOftti whenever he visits their areas. 3. Bllquiries into the authenticity of the wrilClr of the letlClr are In proaress. 4. It is proposed to review the security arraDIICMCnts from time to time.

Yours sincerely Sd/- (H. M. PalCln Shei K. S. Heade, Speaker, Lok Sabha, 20. Akbar Road, NEW DELHI.

57 APPENDIX V1II (S" para 15 of the Report)

Copy or written opinion of the Handwriting ExPert Report NO.CFSL-79/D-1576

Central Forensic Science Laboratory New Delhi-22 Dated: 15th May, 1979.

Report by : S.L. Mukbl. M.Sc. Senior Scleatlle OftIc:er (Documents)

Material submltt,d/or examination by Shri S.S. Auhlwalla Dir,clor(G), Governmmt 0/ India Ministry 0/ Home Ajfoirs, North Block New D,lhl vide his D.O. utter No. VI 23014/22/79-GPA.1ll d1J"d 4th May, 1979.

The documents orthis case have been carefully examined with scientific aids and the followin. opinions have been arrived at :-

ae.HI or Rumlaatloa. I. Handwriting ,vidence points to the writer oj'specimen writings marked SI and S2 being the person responsible/or writing the questioMd writings marked 123 and 124 due 10 the /ollowlng reasons. The questioned writinp arc written freely showing smooth line quality and natulal variations. Qualities of imitation are not present in them. The specimen writings 8re also written frooly showing smooth line quality and natural variations and are suitable for the purpose of comparison with the questioned writings.

Both the questioned and the specilDen wrilill~ lI~ee io &cneral characteristics such as movement, spacin., slant, alianmeot, relative size and proportion of letters etc. The skill and the line quality of the questioned writings is also found consistent with these qualities of the specimen writings.

Both the questioned and the specimen writings also agree in individual characteristics. Some of the points of similarity are described below :- (I) Manner of execution of the Hindi capital letter As with the nature orlts Start, formation of its body curve, formlltion of a loop at the finish of tbe body curve, its combination to the vertical staff as observed in tbe questioned writin.. is similarly observed in the specimen writings. (Ii) Manner of execution of Hindi letter Ja with the nature of loop formation at the start of the body, formation of its body as well as its relative ~ition as observed in the word Ala), in the questioned writings is Similarly obscl'ved in the same word in the specimen writings. (iii) Manner of execution of the Hindiletter Ya with the nature ofits start in continua- tion of the foot of the stalT of the prec:ccdin& letter Ja, formation of its peculiar body as well as its finish towards body, staff as well as finish to riabt as obeerved In the word Ala}, in Q3 is similarly observed in the same words in 51 and 52. The other variety of this letter with the nature of formation of Itl body, retrace In the upper of the vertical staff as observed in the word Alay and AdJlayaksh in Q4 is similarly observed in the word YaJ/in, Kendrlln 82 etc. 58 59

(Iv) Manner of elI:ecution of the Hindi letter Ko with the nature of formation of ita len hand body oval. retrace in the upper portion of the staff. formation of rlabt hand body in continuation of the foot of the staff as well as its connection to the matra II and finish as observed in tbe word Kllmar in the questioned writinp marked Q3 and Q4 is similarly observed in the same word in SI and 82. The other variety of this letter is also similarly observed in both questioned and the specimen writinp. (v) Manner of execution of Hindi letter Ma witb the nature of start. formation of a loop at tbcfbase of left band staff, formation of horizontal stroke, risht hand staff as observed in the questioned writings is similarly observed in the specimen writings.

(vi) Manner of execution of Hindi letter Ra with the nature of start in continuation of the foot of the vertical staff of tbe prooedin.letter, simplification of i ts body and finish as observed in the questioned writinp is similarly obeervcd In the specimen wrltinp. -

(vii) Similar manner of execution of tbe Hindi letter To with the nature of formation of its body in continuation of the staff.

(viii) Similar manner of execution of Hindi letters La, Sa, Da, Tha, &, Na, DIIQ etc. (ix) Manner of execution of the Hindi letter La with the nature of its start in conti- nuation of tbe horizontal swoke written over the Hindi letter Ta as observed in the word Mittal in Q3 is simi larly not observed In the specimen writinp. This variation is due to the degree of care given to the act of writing. (x) Similar habit of writing the Hindi matras a, e etc. (xi) Similar habit of writina the words Alay Kllmar Mittal.

Cumulative considerations of the aforCSllid points of similarity obaerved between the questioned and the specimen writing in general and individual characteristics, constitute the basis for my opiDion. • II. Thi' questio"ed writing., marked Qt and Q2 could "0' be connectni with tlw 6pecilfle" writings marked S I and S2 due to the followilll! rea80n3 :

The que.vtiomod writi"gs disagree wNh the specime" writings I" both general and Indll//d1lO1 characteristics. Some of the points of difference are described below : (i) Manner of execution of the Hindi letter Ka with the uature of formation of ita left hand side body oval and direction of fiDiah U oblerwd in the word Kill, Kuch. Kar, KaMI etc. in Ql, Ullkey, KJuuuIDk, Clltl/aJc etc. in Q2 II not similarly observed in the words KtzI, Kid, K6ndri Kft, Dhow etc. in 82.

(ii) Manner of executioD of the letter Ba with the uature of Its start,l~tion 01 body oval with respect of Its staft' as observed in the words Janah, Jabal! etc. in QI ; Bldkrvmilfi, Bil/ee. Badnami. etc. in Q.2 is not similarly obsened In the words Akhbaren. Janah, Badnami in 82' (iii) The movement of the left hand sido body curve of the letter Sa is also Dot similarly observed between them.

(iv) The formation of upward bending curve at the top of the letter Na observed in tbe Questioned writinp is Dot similarly observed in the specimen.1 writinp.

(v) The location of body curve with respect to the staff of the letter Ja is also not similarly obterved in the word JIUIab etc. between them. 60

(vi) Manner of execution of the letter Ho with the nature of ita start and formation of its body in two Of)erations as observed in the words Yahan. Mahan. Hani. Hath etc. in S2 is not similarly observed in the words Yohin. Hath. Hoti, Hamura etc"in Ql; Bihari, Hath, Hamare etc. in Q2 is also observed in the manner of eJlec;ution of the letters Ma, Go, lA, No, 8hu, Ba,Ka etc. between them. (vii) Difference is also observed in the habit of writing the words Akhbaron, Padha. Tha. Ek, Moreha, Nava. Rashtriya Swayam Sewok Sangh, Hath, Jonah, Dhaka,.. Rain, eslive, Nika/, Madari, Alantr; MandQl, Badnami eto;

(viii) Difference j5 also observed in the habit of writing the top horizontal bars and vowel signs in the signatures.

(ix) The questioned Hindi signature reading Alay Kl/mar Mittal appearing in Q2 'al!UJ disagTCIe with the specimen signatures appearing'in '81 'and S2 in detailed manner ofeltccutioD of strokes such as body curve formation Of the letter Aa, simplification of the body of the letter Ju .. movement of the body curve of the letter Ya.' upward bending curve formation in the middle horizontal stroke of 'the letter' Ma .. location of the body of the letter Tfl with respect to its staff; movement of the body oval of the letter La as well as start' of the letter La and formation ofitsbody.

Cumulative considerations of the aforesaid points of differences observed between the questioned and the specimen writings in general and individual characteristics, constitute ,he basisfoT my opinion. '

Sd/- (S. L. MUKHI) Senior Scientific Officer (Documents) Cum-Asstt. Chemical Examiner to the Governmellt of India. APPENDIX IX (See para t s of the Report)

Copy of the Ministry of Home Affairs O.M. dt. 16-5-1979. MOST IMMEDIATE , By Special , Messenser

No. VI.23014/22j79.GPA.m Government of India Ministry of Home Affairs NewDelhi-ll0001. the 16th May. 1979 OFFICE MEMORANDUM

SUB.!I!CT:-Question of privilege raised by Shri Mani Ram Bagri. MP. regarding alleged threat to murder Shri Raj Narain, MP. contained in a letter received by the latter.

The undcnigned is directed to refer to the Lok Sabha Secretariat O.M. No.18/2/Cl/79 dated 14th Mar.. 1979 on the subject mentioned above and to say that a copy of tbe report of the bandwrlting expert in respect of the following documents sent by the Lok Sabha Secretariat is sent herewitb:- (i) Letter dated 23-2-1979, purported to have been sent by Shri Aiay Kumar MittaJ, 97-Khandak, Meerut (U.P.) to Shri Raj Narain, MP. conbmng a threat to murder the latter; (Ii) Letter dated 4-3-1979. addressed by Shri Ajay Kumar Mittal. 97-Khandak, Meerut, to the Speaker, Lok Sabba; (iii) Specimen signatures of Sbri Nay Kumar Mittal. in Hindi; and (iv) Specimen of handwriting in Hindi of Shri Ajay Kumar Mittal.

2. The documents mentioned above are also returned herewith in original, as desired.

3. As for tbe investigations made with regard to the threatening letter alleaed to have been written by Shri Aiay Kumar Mittal to Shri Raj Narain, the inquiries made in the matter did not confirm that Shri Mittal had sent any such letter to Shri Raj NaraID.

Sd/- (S. S. AHULWAUA) Director T. No. 372418 The Lot Sabha Secretariat (Sbrl M.P. Gupta. Senior LosWatiw Committee Officer). Parliament HOUIC. Ncw DcIbJ-110001.

61 MGlPRRND-S/7 LSS/79-TSS 11--4-7-79-750 @ 1979 BY Lolt SABRA SBQsTAlUAT

, PUBLISHED UNDER RULE 382 OF mE RULIII OF PaocBDURE AND CONDUer Of BUSINESS IN LOK SABRA (FIFTH EDITION) AND PIUNTBD BY THE MANAOJiR, GoVERNMBNT OF INolA Puss, RING ROAJ>, NEW DBLHl-64