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TMI Blog1968 (5) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... against them in respect of offences under Sections 148, 149, 120-B and 302, I.P. C. It appears from annexure-1 to the petition that for some time past feelings between the Hindus and Satnamis of villages Guruaindabri and Baigakapa were strained. On account of these feelings there was a clash between the two communities on 19th January 1968 at village Guruaindabri and on 20th January 1968 at the other village Baigakapa. It is alleged that in these disturbances there was looting, arson and violence to several persons. After these incidents, a notification was issued by the Government under Section 3 of the Act appointing Shri Bhave as a one-man Commission for the following purposes, namely, (i) to enquire into and report on the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... create public opinion against them, influence the witnesses who may give evidence at the trial, and they may also be compelled to make statements before the Commission which may be used against them in the criminal cases. It is for these reasons that the Petitioners pray that the Commission be restrained from commencing the enquiry. In our judgment, the apprehension felt by the Petitioners is unfounded and based on a total misconception of the purpose and scope of the enquiry entrusted to the Commission. Section 3 of the Act empowers the appropriate Government in certain eventualities to appoint a Commission of Inquiry for the purpose of making an enquiry into any definite matter of public importance. As to what is a "definite matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act appointing the Commission of Inquiry, that the "definite matter of public importance" for which the enquiry has been set up is not the conduct or activity or acts of omission or commission of any individual in the course of the happenings at the two villages on 19th and 20th January 1968; but it is the unsocial conduct of the villagers of the two villages and the strained relations between different sections of the villagers resulting in the unfortunate events of the 19th and 20 January 1968. It is this matter which the Government regarded as of public importance urgently requiring a sifting enquiry by a Commission of Inquiry. It is manifest from the terms of reference of the Commission that it is not going to hold a paral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trict officials discharged their duties properly and effectively in the incidents of 19th and 20th January 1968 and to suggest remedial measures. It cannot even be suggested that these are matters which are sub judice in the criminal trial. It is thus obvious that the evidence which the Commission may record and the findings it may give has no bearing on or any relation to the actual events that took place on 19th and 20th January 1968. The fear of the Petitioners that the commencement of the enquiry and the recording of evidence by the Commission will prejudice their trial is, therefore, baseless. The contention that the statements made by persons before the Commission may be used against the Petitioners in the criminal trial is altogethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution witnesses before the Commission can be used by the defense for the purpose mentioned in Section 145 of the Evidence Act, 1872. The learned single Judge took the view that such a use of the statements for the purposes of Section 145, Evidence Act does not constitute use of the statements against the person making the statement. With all due deference to the learned single Judge, we do not find ourselves in agreement with this view especially in view of the observations of the Supreme Court in Ram Krishna Dalmia's case (supra) that statements under Section 6 of the Act are wholly inadmissible in evidence in any future proceeding, civil or criminal. It is not necessary for the Petitioners to participate in the inquiry held by the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person to be tried. There is no 'lis'. As Lord Shawross has said in the case of the analogous Tribunal in England, "the procedure of the Tribunal is inquisitional rather than accusatorial" [see: Cases and Materials on Administrative Law in India (Vol. 1) published by the Indian Law Institute, New, Delhi]. The Commission has been appointed to find the facts relating to the matters it has to enquire into. In ascertaining those facts, and having ascertained them in making a report on the basis of those facts, the Commission is no doubt obliged to proceed judicially and not arbitrarily and to bring to bear judicial mind, that is, a mind to determine what is fair and just in accordance with law in respect of the matters under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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