V DAKSHINAMOORTHY Vs. COMMISSION OF INQUIRY

JUDGEMENT

(1.) To enquire into certain alleged incidents that took place at Tiruparankundram police station (in Madurai) on 24-2-1979, the Government of Tamil Nadu issued a Notification in G. 0. Ms. No. 695 Public (Law and Order-A) dated 9-4-1979, in exercise of the powers conferred by sub-section (1) of Sec, 3 of the Commissions of Inquiry Act 1952, appointing Thiru Justice C. J. R. Paul as the Commission of Inquiry. The terms of the reference as set out in clause 2 of the abovesaid Government Notification, are as follows (i)To inquire into and report on the incidents that took place at Tiruparankundram police station on 24-2-1979 relating to the alleged assault on Thiru Ayyadurai, Advocate by Thiru K Rajagopal, Deputy Inspector of Police, Tiruparankundram police station and the counter allegation of assult on Thiru K. Rajagopal by Thiru V. Ayyadurat (ii) To find out whether there has been any misconduct or excess on the part of the police personnel including the Deputy Inspector of Police, Thiru K. Rajagopal and whether there has been any misconduct. on the part of the advocate Thiru V. Ayyadural Pursuant to the above Government Notification, the Commission of Inquiry commenced its work after publishing due notice of its inquiry.

(2.) Before the Conunimion of Inquiry, one Thiru Dakshinamurthy, an advocate practising at Thanjavur who is the petitioner in both these writ petitions, filed an affidavit contending, inter alla, that the inquiry, in so far as the reference relates to the alleged misconduct of Thiru V. Ayyadurai, Advocate,. has to be dropped for the reason that Thiru K. Rajagopal, Deputy Inspector of Police, has already sent a complaint to the Bar Council of Tamil Nadu an the alleged misconduct of Thiru K. Ayyadurai that Thiru K. Rajagopal has thus submitted himself to the jurisdiction of the Bar Council of Tamil Nadu, that the matter is under consideration of the Bar Council of Tamil Nadu and that the Commission of Inquiry, constituted under the Commissions of Inquiry Act, 1952, has no jurisdiction to hold an enquiry on the alleged misconduct of Thiru V. Ayyadurai. Advocate.

(3.) The Commission of Inquiry considered this point as a preliminary objection, and by its order dated 31-5-1979, has overruled the objection and ruled that the Commission is under a statutory duty to conduct the enquiry as ordered in the notification issued by the Government.