Sources close to Justice Liberhan say that though Gupta’s assistance is crucial, the former is unwilling to let anyone influence his report. "The final document will have only the judge’s stamp on it," a source extremely close to the judge told Outlook. He says it is the duty of the commission’s counsel to assist while the report is being drafted. But if Gupta does indeed write a portion of the report, it is the judge’s discretion to "edit it".
The source also said that if Gupta is keen to dissociate himself from the commission’s work in its final stages, then the judge will have no choice but to go ahead. "Justice Liberhan is not likely to be cowed down by bullying or threats, and will thwart any attempt to hijack his report," he told Outlook.
Outlook has also come to know from reliable sources that the judge’s efforts to make peace with Gupta and persuade him to cooperate in writing the final report have so far yielded little. Resolution of differences between the two seems unlikely as both are unwilling to compromise on their fundamental positions. Justice Liberhan is reportedly of the view that L.K. Advani’s role in the demolition is "peripheral" while Gupta stands firm that the BJP leader’s responsibility must be examined in great detail.
Gupta was appointed as the commission’s counsel in 1999 by Justice Liberhan himself. In the last eight years, he has involved himself in the commission’s work to such an extent that it is now becoming difficult for the judge to proceed without his help. Putting together the commission’s final report is no easy task. It entails collation of evidence and testimonies collected over the last 15 years. For the judge, getting on in years, the physical effort involved is daunting.
While Justice Liberhan is most upset with his counsel, the judge is also conscious of the need to restore the commission’s credibility and to get Gupta on board once again. That explains his current overtures towards him, including calling on Gupta at his residence in Chandigarh after the Outlook story broke. "The judge is only human, but despite whatever has happened, he would like to get on with the task," the source close to him told Outlook.
Interestingly, Outlook did get a glimpse of the judge’s human side when we approached him for a reaction to Gupta’s outburst. While refusing to offer any direct comment, he did however ask this correspondent to abandon her story. He said if the media did not pursue it, the controversy would die a natural death. And he would consider that a favour...
