RAJ KAMAL JOHRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It appears from the records that the West Bengal Pradesh Youth Congress gave a call of "Mahakaran Abhijan" on 21st July, 1993. At the time of the said "Mahakaran Abhijan", thirteen (13) persons were killed by police firing and several others were injured. The State Government appointed a Commission of Inquiry consisting of the Hon'ble Justice Sushanta Chatterjee (Retd.) to inquire into the aforesaid incident of police firing and the disturbances that followed the police firing. The appointment of the aforesaid Commission was notified by the State Government in The Kolkata Gazette dated 4th November, 2011. The terms of reference of the said Commission were also specifically mentioned in the aforesaid notification published in The Kolkata Gazette dated 4th November, 2011.

(2.) The Commission by a notice dated 10th October, 2012 called upon Mr. Nawal Kishore Singh, the appellant in A.S.T. No. 97 of 2014 to file either a written submission or deposition on affidavit as to the role played by the said appellant on 21st July, 1993, as the Deputy Commissioner of Police (South Division) on duty and also to place on record the relevant deposition made by the said appellant before the executive enquiry. The said appellant was also called upon by the Commission to appear and depose before the said Commission on November 20, 2012. The said notice was issued by the Commission under Section 4 read with Section 8B of The Commissions of Inquiry Act, 1952.

(3.) Challenging the aforesaid notice dated 10th October, 2012, the appellant Nawal Kishore Singh filed a writ petition being W.P. No. 24558 (W) of 2012 which was disposed of by the judgment and order dated 21st November, 2012 passed by a learned Judge of this court. A similar notice was also issued by the Commission on 27th February, 2013 to Sri Raj Kamal Johri, the appellant in A.S.T. No. 96 of 2014 under Section 4 read with Section 8B of The Commissions of Inquiry Act, 1952. Sri Johri challenged the aforesaid notice by filing a writ petition being W.P. No. 8928 (W) of 2013 which was disposed of by a learned Judge of this Court on 25th March, 2013. The Commission also issued a similar type of notice on 2nd January, 2013 to Sri Dinesh Chandra Vajpai, the appellant in A.S.T. No. 98 of 2014.