P V JAGANNATH RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THESE appeals were heard on April 15 and April 16, 1968 and at the close of the hearing we ordered that the appeals should be dismissed with costs and indicated that our reasons would be pronounced later. Accordingly our present judgment gives our reasons for the order which has already been passed.

(3.) SUB-s. (1) of s. 3 of the Commissions of Inquiry Act, 1952 (No. LX of 1952), hereinafter referred to as the 'Ace, provides as follows : `3. Appointment of Commission--(1) the appropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by the House of the People or, as the case may be, the Legislative Assembly of the State, by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly Section 4 vests in the Commission the powers of a civil court while trying a suit under the Code of Civil Procedure and reads as follows : `4. Powers of Commission.-The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908). in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed.` Section 5 empowers the appropriate government, by a notification in the Official Gazette, to confer on the Commission additional powers as provided 'in all or any of the sub-ss. (2), (3), (4) and (5) of that section. Section 6 states : `6. Statements made by persons to the Commission.--No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement : Provided that the statement(a) is made in reply to a question which he is required by the Commission to answer, or (b) is relevant to the subject matter of the inquiry.` By s. 8 the Commission is empowered to regulate its own procedure including the time and place of its sittings and may act notwithstanding the temporary absence of any member or the existence of any vacancy among its members.