GOKULANANDA ROY Vs. TARAPADA MUKHARJEE

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated June 22, 1970, by which the appellant's application for a Rule Nisi for appropriate Writs and orders against certain notifications, appointing a Commission of Inquiry to enquire into certain matters, was dismissed. Although no Rule was issued, notice was directed to be served on the second and third respondents, who appeared at the hearing of the application and contested the s;tme. The appellant claims to be a member of the Communist Party of India (Marxist) and as such contested a by-election from Raina, District Burdwan and was elected a Member of the Legislative Assembly in 1969.

(2.) On March 16, 1970, Shri Ajoy Kumar Mukherjee, who was the Chief Minister of the then United Front Ministry resigned. This resignation was followed by a Hartal, called by the appellant's party. The call for Hartal was opposed by a number of political parties who constituted the then United Front. This call for Hartal, and the opposition to the same, provoked a number of violent incidents at Burdwan near the house of some persons known as Sains. These incidents resulted in the death of three persons including two members of the Sain family. In consequence of the Violent incidents the Governor visited Burdwan on March 30, 1970.

(3.) The Governor's visit to Burdwan was followed by an order dated April 28, 1970, under Section 3 of the Commissions of Inquiry Act, 1952. By this order, the first respondent was directed to hold an inquiry in accordance with the terms and conditions of the order which ran as follows:--