(1.) THE petitioner, an advocate, has approached this Court with the prayer that the Order, dated August 24, 2002 by which the 2nd respondent was appointed to enquire into the boat accident at Kumarakom be quashed. A few facts as relevant for the decision of this case may be briefly noticed.
(2.) ON July 27, 2002, a boat accident had occurred. A number of precious human lives were lost. Various kinds of allegations were made. It was inter alia alleged that the personnel posted at the site were not careful. The boat was not being properly maintained. The legal heirs of the deceased were entitled to compensation. Taking into consideration the people's demand the Government had decided to order a judicial inquiry. It had, thus, issued the impugned order to appoint the second respondent as a Commission of inquiry into the matter. Specific terms of reference was also notified vide notification, dated August 29, 2002. A copy is at Ext. P3.
(3.) LEARNED Counsel for the parties have been heard. On behalf of the petitioner, Mr. Vellayani Sundararaju has contended that the impugned notification violates Art. 220 of the Constitution. It is contrary to the judicial opinion expressed by the second respondent. The appointment of the commission shall serve no public interest. The opinion is not binding. Thus, the impugned notification should be quashed.