IN RE: MATTER OF GREAT PUBLIC IMPORTANCE TOUCHING UPON THE INDEPENDENCE OF JUDICIARY .VS. Vs. IN RE: MATTER OF GREAT PUBLIC IMPORTANCE TOUCHING UPON THE INDEPENDENCE OF JUDICIARY .VS.

JUDGEMENT

(1.) The enquiry report of Hon'ble Mr.Justice A.K.Patnaik, Retired Judge of this Court has been placed before us. On perusal of the report, we find that it is quite comprehensive which has dealt with the scope of the enquiry, the materials and the findings and the conclusions along with the list of annexures and articles.

(2.) We have to keep in mind that the remit of the Committee was not to enquire into the merits of the allegations made by the complainant against the then Chief Justice of India and this aspect has been noted in the report itself. The learned Judge has thus, recorded in the report that he has confined his examination to only one aspect i.e. the veracity of the version put forward by Mr. Utsav Singh Bains. The report has also taken note of the limited investigative powers and access to records which it had and based on those materials and evidence before him, it has been opined that it is not possible to find corroborative material qua the allegations of Mr. Utsav Singh Bains made in the affidavit. Simultaneously, the report also acknowledges that the existence of a conspiracy cannot be completely ruled out and this has been so opined as Justice A.K. Patnaik has not been able to obtain various records including electronic records of Whatsapp, Telegram etc.

(3.) We are also of the view that two years having passed and the possibility of recovery of electronic records at this distance of time is remote, especially since the scope of the enquiry and the power of the learned Judge is limited, no useful purpose will be served by continuing these proceedings.