PUHUPRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners in this case seek a direction restraining Shri R. J. Bhave, one of the Judges of the Court, appointed as a Commission under section 3 of the Commissions of Inquiry Act, 1952 (hereinafter called the Act), for the purpose to be stated presently, for commencing the enquiry till the conclusion of criminal cases instituted against them in respect of offences under sections 148, 149, 120-B and 302,1. P. C. M. P. No. 156 of 1868 decided on 4-5-1968. J

(2.) IT appears from annexure-1 to the petition that for some time past feelings between the Hindus and Satnamis of villages Guruairdabri and Baiga- kapa were strained. On account of these feelings there was a clash between the two communities on 19th January 1968 at village Guruaindabri and on 20th January 1968 at the other village Baigakapa. IT is alleged that in these disturbances there was looting, arson and violence to several persons. After these incidents, a notification was issued by the Government under section 3 of the Act appointing Shri Bhave as a one-man Commission for the following purposes, namely,

(3.) IT is manifest from the terms of reference of the Commission that it is not going to hold a parallel enquiry into the matter which is sub judice in the criminal cases started against the petitioners. Under the terms of its appointment, the Commission has to enquire into the circumstances leading to the happenings of 19th and 20th January 1968 with special reference to the past history of the area and similar incidents within the last fifteen years. The enquiry by the Commission is thus not with regard to the actual happenings at the two villages on 19th and 20th January 1968. The Commission has not to ascertain the facts of the incidents of 19th and 20th January 1968. The enquiry is into the circumstances and conditions which prevailed in the two villages for some years and which led to the happenings of 19th and 20th January 1968. This is clear from the fact that the Commission has to enquire into the circumstances with special reference to the past history of the area and similar incidents within the last fifteen years. Such an enquiry can have no bearing whatsoever on any of the issues or questions that may arise for determination in the trial of the petitioners for offences under sections 148, 149, 120-B and 302, I. P. C.