GANGADHAR LAXMAN REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith. Mr. C. J. Sawant, Advocate General for respondent No. 1 and Mr. Rana for respondent No. 2 waive service. By consent, petition taken on board and called out for hearing. Heard Counsel. On January 25, 1993 Government of Maharashtra exercised powers conferred by section 3 and section 5 of the Commissions of Inquiry Act, 1952 and appointed Commission of Inquiry of Mr. Justice B. N. Srikrishna, a sitting Judge of this Court to inquire into and make report on-

(2.) JUSTICE Srikrishna Commission commenced work in July 1993 and affidavits were called from the public. The Commission recorded statements of about 400 witnesses and statements of Police Officers posted at the Police Stations within whose jurisdiction the riot had taken place. During the hearing before the Commission some Parties claimed that the Commission should also investigate the circumstances and the events which, led to Bomb Blasts which rocked the Metropolis on March 12, 1993. The Commission naturally did not permit the parties to go into that aspect in absence of specific terms of reference.

(3.) THE election to the State Legislative Assembly was held in March, 1995 and the Congress Government which was in Office lost the power and the Government was formed by Bharatiya Janata Party and Shiv Sena combine. On May 24, 1994, the Government in exercise of powers conferred by sections 3 and 5 of the Commissions of Inquiry Act, 1952 amended terms of reference and added more terms which reads as under :