SARDAR MALKEET SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) It is noticed, more often than not, that human mind tries to hide or subvert the truth or to cover it up, as and when it suits him or may serve his purpose best. It has never been easy to find out the correct and true facts but the task is becoming more and more difficult with growing social complexities.

(2.) Various ways and means have been explored and deployed for the purposes of finding out the true facts, at different levels for different purposes. The commissions of Enquiry Act, 1952 is one of such legislations through which the effort is made to find out the true facts. But this Act and appointment of a Commission under it, does not ensure that the machinery is necessarily set in motion to achieve its object. There may still be many unforeseen hurdles which often come in the way retarding the progress of the enquiry. The present one is one of such cases where the Commission was appointed, though on 1-8-1991 but, it could hardly function that instant proceedings were initiated challenging the appointment of Mr. Justice K.P. Singh as Commission of Enquiry, besides a few orders passed by the Commission about place of its sitting and the sequence in which the evidence was to be led i.e. on the question as to who should lead the evidence first.

(3.) We have expressed the above feeling, which is certainly not accusatory in nature, but in anguish. Ten human lives have been lost. Human lives are precious. The Government considering it a matter of public importance appointed commission of Enquiry to find out the real facts. It would have been ideal if the Commission had got the fullest co-operation to act fast to achieve its object to find out the true facts, so that the Government could get the benefit of the report of the Commission and if necessary to initiate proper action against the erring parties. If such matters are allowed to get stale, the purpose of setting up Commissions of Enquiry is mutilated to a great extent.