SATWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Main Challenge in this writ petition is to the decision of the Central Government in not laying before the House of the People the reports submitted by Mr. Justice M. P. Thakkar, who had been appointed as a Commission under Section 6 of the Commission of Inquiry Act, 1952 to inquire into certain definite matters of public importance.

(2.) On 31st October, 1984 Smt. Indira Gandhi was assassinated at her residence 1, Safdarjang Road-1, Akbar Road, New Delhi. The petitioner, who was a constable in the Police and was thereon duty on that day was one of the accused in the First Information Report which was initially recorded under Section 307 Indian Penal Code and later on changed to Section 302, 307. 120-B and

(3.) Before the petitioner was tried for the aforesaid offence the Central Government vide Notification dated 20th November, 1984 appointed a Commission of Inquiry (hereinafter referred to as "the Commission") in exercise of its powers conferred by Section 3 of the Commission of inquiry Act, 1952. The said Commission was to be presided over by Mr. Justice M. P.Thakkar, a sitting Judge of the Supreme Court of India. The Commission was required to inquire into the following matter :-