JAN SANGHARSH MANCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) J. The issues raised in these Special Civil Applications are the same. So, we consider it advantageous to dispose of them by a common judgment.

(2.) The Special Civil Application No. 6079 of 1997 has been filed by a voluntary organisation stated to be devoted for protection of civil rights of citizens. The Special Civil Application No. 6270 of 1997 is at the instance of an office-bearer of a political party, namely, Communist Party of India. In these petitions the main prayer is to direct the Government to extend the tenure of the Inquiry Commission which was appointed as per Notification dated 21-12-1992.

(3.) The short facts necessary for understanding the controversy involved in these petitions are as follows : The Government of Gujarat appointed a Commission under the Commissions of Inquiry Act, 1952 (hereinafter referred to as "the Act") by Notification dated 21-12-1992 to inquire into the facts and circumstances and causes of the violent incidents and communal riots that took place during 6th to 9th December 1992 following the demolition of Babri Masjid. While the Commission was on the verge of completing its final report the Government refused to grant further extension from 1-7-1997. By Notification dated 2-9-1997 issued under Sec. 7(1) of the Act the Commission was notified to have ceased to exist with effect from 30- 6-1997. This action of the Government in issuing the Notification under Sec. 7 of the Act is under challenge.