BRAHMA NAND GUPTA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) In this petition under Article 226 of theConstitution the petitioner is seeking an appropriate Writ forquashing the Notification No. F. 1/PS/HS/ 87-1227-1244 to 1433dated 2/02/1987 by virtue of which the Lt. Governor,Delhi, appointed Mr. Justice M. L. Jain (retd.) (RespondentNo. 4) and Mr. A. K. Baneqee (Respondent No. 5) as a Committee, inter alia, to monitor the investigation of criminal casesrelating to criminal offences which had been committed duringthe riots which had' taken place after 31/10/1984.

(2.) Briefly stated, the facts are that Smt. Indira Gandhi wasassassinated' on the morning of 31/10/1984 at her residence at New Delhi. The news of her death was released inthe evening and it is alleged by the petitioner that, in consequence of the assassination, riots took place in Delhi between 31/10/1984 and 3/11/1984. During the saidriots there was loss to life and property.

(3.) In an effort to bring to an end the disturbances in Punjab, and for the sake of solution in Punjab on 24/07/1985an accord' was signed between the Prime Minister of India and"late Shri Harcharan Singh Longowal. This accord was precededby several meetings between the leaders and in pursuance tothe negotiations the Central Government on 26/04/1985appointed an one man Commission of Mr. Justice RanganathMisra of the Supreme Court under Section 3 of the Commissionsof Inquiry Act The terms of reference of the Commission wereas follows:-