KIRAN BEDI KIRAN BEDI JINDER SINGH JINDER SINGH Vs. COMMITTEE OF INQUIRY:COMMITTEE OF INQUIRY:COMMITTEE OF INQUIRY:COMMITTEE OF INQUIRY

JUDGEMENT

(1.) It is unfortunate that this case has arisen between lawyers and police who are both guardians of law and who constitute two important segments of society on whom the stability of the country depends. It is hoped that cordiality between the two sections will be restored soon.

(2.) In order to avoid any further delay in the proceedings before the Committee consisting of Goswamy and Wadhwa, JJ, constituted by Order dated 23rd February, 1988 to enquire into certain incidents which took place on the 15th January, 1988, 21st January, 1988 and 17th February, 1988, we pass the following order now but we shall give detailed reasons in support of this order in due course. The order is as under:

(3.) On behalf of both the petitioners it is submitted that they did not either wish to delay the proceedings or to show disrespect to the Committee but only wanted to protect their own interest by making the submission which they made before the Committee as per legal advice given to them. This is not a case where the circumstances in which the several incidents that had taken place were not known to anybody else. The affidavits and other material before the Committee show that there were a large number of persons who were eye-witnesses to the incidents and who could give evidence before the Committee. Taking into consideration all the aspects of the case we feel that the Committee should not have in the circumstances of the case directed the filing of a complaint against either of the petitioners for an offence punishable under section 178 I. P.C. In view of the foregoing we feel that the orders of the Committee directing the filing of the complaints and the criminal proceedings initiated against the petitioners before the Metropolitan Magistrate pursuant to the complaints filed on behalf of the Committee should be quashed and we accordingly quash the said orders of the Committee and also the criminal proceedings. A judgment containing the reasons for this order will follow.