As the second round of hearings of the judicial commission investigating caste violence at Bhima Koregaon began on Monday, Prakash Ambedkar, leader of the Bharip Bahujan Mahasangh, noted a possible conflict of interest of one of two members of the commission.

Sumit Mullick, who is currently the Chief Information Commissioner of Maharashtra, retired as chief secretary of the state in April and is a member of the judicial commission headed by retired Justice JN Patel. Mullick was therefore in a key administrative post at the time of the violence on January 1 and after.

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Ambedkar said that he had been avoiding appearing before the commission because it was a sensitive subject, but that the commission would have to examine the “failure of the chief secretary” in preventing the violence.

Mullick said in response that he was open to being examined.

The judicial commission was notified by the Maharashtra government in February to examine the events leading up to the violence at Bhima Koregaon near Pune, the violence itself and to recommend how to avoid this in coming years.

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Every New Year’s Day, lakhs of Dalits gather at Bhima Koregaon to commemorate the 1818 victory of a ragtag group of lower-caste Mahar soldiers in the British Army over the vastly superior forces of the Brahmin Peshwa-led Maratha Empire. The Peshwas were noted for policies that discriminated against Dalits. This year, on the 200th anniversary of the battle, the event was marred by caste clashes.

Commission’s mandate

The judicial commission, which issued a call for affidavits until July, received more than 490 statements, including 110 from the Pune police and evidence from a delegation led by Ambedkar himself. The commission has selected to hear statements from more than 30 private witnesses across Mumbai and Pune, after which government witnesses will be examined. Hearings began in Mumbai on September 5.

Ambedkar asked that private witnesses not be cross examined about details of which they were not aware, if there was nothing incriminating in their affidavits, as the mandate of the commission was to investigate the failure of the government machinery. He also asked that the examination of government witnesses be brought forward in the timeline of examination.

Ambedkar added in a statement outside the hearing, “It is up to [Mullick] to decide whether he can be examined while sitting on the panel.” He said that he would likely file an application to call Mullick as a witness next week, when the commission begins hearings in Pune.