D GURUSWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner is an advocate who appeared as a witness before the 2nd respondent Commission which is appointed under the Commissions of Inquiry Act, 1952 on 27-7-1999. On 23-7-1999 the workers attached to Manjolai Estate had staged a procession along with their leaders and when the procession reached the residence of the District Collector of Tirunelveli, some of the leaders of the procession wanted to meet the Collector. According to the petitioner, the police officials prevented them from meeting the Collector and encircled thousands of participants of the rally and forcefully drove them towards the bank of Thamirabarani river and because of the police excess some persons had been forced to flee away from that place and sustained injuries and some others who were driven to the river side drowned in the nearby Thamirabarani river. As there were lot of allegations regarding lapses on the part of police, a Commission was constituted and a retired Judge of the Supreme Court Mr. Justice Mohan was appointed as Commission under the Commissions of Inquiry Act, 1952.

(2.) The terms of reference are as follows:-(1) To inquire into the causes and circumstances that led to the use of force by the police on the processionists of Tirunelveli City on 23-7-1999;(2) To inquire whether the force used by the police on 23-7-1999 to disperse the processionists was warranted and whether there was any excess on the part of thepolice, and if so, to identify the erring police personnel and to indicate the action to be taken against them;(3) To inquire into the causes and circumstances leading to casualties in this incident on 23-7-1999 at Tirunelveli City and the same appears to have fixed the date of hearing on 20-9-1999 also at Tirunelveli, Section 36(1) of Human Rights Act.It was also specified that the Commission shall not inquire into any matter which is pending before a State Human Rights Commission or any other Commission duly constituted under any law for the time being in force.

(3.) Petitioner alleges that he was also a participant in the demonstration held on 23-7-1999 at Tirunelveli and he had witnessed the incident and he deposed all these facts before the Commission. According to the petitioner, several police officials and officers of the Government of Tamil Nadu were examined as witnesses before the Commission and that the petitioner filed an application seeking permission to cross-examine those witnesses. Petitioner alleges that under Section 8-C of the Commissions of Inquiry Act, 1952 petitioner has a right to cross-examine the witnesses examined before the Commission. It is argued by the petitioner who appeared in person that as the petitioner was examined as a witness, under Section 8-C of the Act he has a right to cross-examine the officials examined as witnesses before the Commission.