CHANDRA PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an IPS Officer of Arunachal, Goa, Mizoram and Union Territories Cadre(earlier known as Union Territories Cadre). His year of allotment is 1971. In the year 1984, he was posted as the Deputy Commissioner of Police, South District, Delhi. As is well known, following the assassination of Prime Minister Smt.Indira Gandhi on 31/10/1984, wide-spread riots broke out in various parts of the country including Delhi. As a result of this pogrom targeting a particular community, large scale arsoning, looting and killing of innocent persons continued for some days. There were allegations to the effect that appropriate steps were not taken by the administration including the police administration for controlling the situation which led to complete break down of law and order. It resulted in various follow up actions. On 12/11/1984 Sh.S.Tandon, the then Commissioner of Police was transferred and in his place Sh.S.S.Jog was appointed.

(2.) By his order dated 25/11/1984 Sh.Jog appointed Mr.Ved Marwah, Additional Commissioner of Police, Delhi as One Man Commission to enquire into the alleged failure of Delhi Police and also to identify the causes as well as the officers/men behind the alleged failure of Delhi Police to maintain the law and order. The said Committee, however, could not function as a restraint order dated 25/11/1985 was passed by this court in Suit No.677/85 filed by the petitioner and Sh.Sewa Dass restraining the Committee from publishing the enquiry report and submitting the same to the Lt. Governor and the Union of India from taking action against the petitioners. However, on 12/04/1985 the Government of India issued a Notification under Section 3 of Commission of Enquiry Act, 1952 appointing Mr.Justice Rangnath Mishra(as he then was) as a Commission of Inquiry to enquire into the allegations in regard to the circumstances of organised violence which took place in Delhi following Smt.Gandhi's assassination. Mr.Justice Rangnath Mishra submitted his report which, inter alia, contained recommendation for setting up an inquiry Committee to make further detailed enquiry into the delinquencies and good conduct of police officers.

(3.) Acting on this report, the Delhi Administration issued an order appointing a Committee(consisting of Mr.Justice Dalip K.Kapur, retired Chief Justice of this court and Ms.Kusum Lata Mittal, retired IAS) to conduct inquiry with specific terms of reference. The two members submitted two separate reports to the Lt.Governor on 1/03/1990. whereas Mr.Justice Kapur declined to record any findings against any person unless and until an opportunity of hearing was given to the affected parties, Ms.Mittal submitted her report in writing indicting 72 police officers.