9 / 494
8
Lawlor
,
we applied a higher level of probability “when dealing with more
serious” allegations.
(iv) Compliance with the 2013 Amendments to the Commissions of Enquiry Act
Adverse Comments
1.17.
The
Commissions of Enquiry Act, 1873
, was amended in 2013.
Inter alia, the amendments now make it mandatory that, before making an
adverse finding against a person identifiable in a report, a Commission must give
the person a written notice containing a copy of the proposed adverse comment
and seek the person’s written response within 14 days after the notice is
received – section 7A of
The Commissions of Enquiry (Amendment) Act,
2013
. We have complied with the statutory imperatives in respect of
18 persons who testified. We were unable to locate one person for service. One
other person did not respond. We have included in Appendices specially marked
“
AC1 - AC14
”, the full responses of those persons against whom we have
maintained adverse comments and/or findings. Within the text of the Report, we
summarize the responses of these persons and make such comments and/or
findings thereon as we consider appropriate.
The Guiding Principles
1.18.
The work of the Commission was guided by five basic principles
infra
.
(i)
The search for truth
. Almost as a mantra, all Counsel frequently
referred to the Chairman’s opening remarks that the Enquiry should
search for the truth. Establishing the facts with a high degree of
confidence, separating fact from fiction and myth from reality was
but a first step. Finding the truth also requires explaining how
various sets of events came about and why. For the families of
civilians and members of the security forces who lost their lives, the