T FENN WALTER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE State of Orissa has filed this I.A. for modification of the Order dated 27/11/2006. By the said order, this Court had directed that in no case a sitting Judge of any High Court shall continue as a Commission. It was however made clear that the order shall not operate in cases where the inquiry is at the fag end, i.e. only where the report is to be submitted. In support of the application, learned counsel for the State submitted that a sitting Judge was appointed at the request of the State Government considering the "serious problem" highlighted in the letter of the Chief Minister addressed to the Chief Justice of the High Court. Though initially Chief Justice of the High Court had not acceded to the request of the State Government to appoint a sitting Judge as a Commission, purportedly considering the "seriousness of the problem" he suggested name of a sitting Judge to act as a Commission. It was, however, stated that the Commission shall hold sittings and enquiries only on Saturdays and Sundays and other High Court's holidays without interference with the normal work of the High Court. Accordingly, Justice A. S. Naidu was appointed as the Commission. It was submitted that the Commission was expected to throw light on various aspects which would help the State Government to address to the larger issues on industrialization, displacement and rights of citizens, in particular tribals.

(2.) MR . Gopal Subramanium, learned A.S.G submitted that the State Government's application is clearly not acceptable, it is thoroughly misconceived. This Court in its order dated 27/11/2006 clearly indicated as to why sitting Judges should not act as Commission.

(3.) FROM a reading of the letters of the Chief Minister and the Chief Justice it no where appears that either the State Government or the Chief Justice considered the matter to be of "paramount national interest" to warrant appointment of a sitting Judge of a High Court as Commission. All that has been stated by the Chief Minister and the Chief Justice is about the "seriousness of the problem".