MUSTAQ AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Terms of Reference to Jain Commission : The Jain Comimission of faquiry was appointed by the Government of India on 23-8-1991 in connection with the assassination of Shri Rajiv Gandhi, former Prime Minister of India Justice J. S. Verma Commission submitted its Report-on 23-3-1992 while the Special Investigation Team (SIT) of the CBI submitted a charge sheet on 20-5-1992 before the Designated Court at Madras against 41 accused persons out of whom three were found absconding and twelve were dead. The case has starred before the Designated Court and the trial is on.

(2.) The reference to the Jain Commission ..concerned two issues (and the first issue consists of two parts). The inquiry is to be into :

(3.) In this C.M. we are first concerned with the .order of the Jain Commission dated 2-7-1993 (which contained the reasons for a brief order dated 1-6-1993). It was contended before the Commission by the then Attorney General that the Commission had no jurisdiction to conduct any inquiry into the areas covered by the. charge sheet submitted by the SIT before the Designated Court. The Government had confidence in the SIT and its investigation into cognizable offences was, under Chapter XII of the Code of Criminal Procedure, statutory. The submissions were reiterated by the counsel for the Central Government. The counsel for the State of Tamil Nadu contended that the Commission's jurisdiction was vide enough to cover the areas covered by the charge sheet of the SIT, but the Commission might refrain from going into those areas. The Commission held that it had jurisdiction to cover the entire area covered by the charge sheet but observed: