NETAI CHANDRA KOLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application a question of some importance has been raised viz., the authority and the power of the State Government to appoint a commission of enquiry under the Commission of Enquiry Act, 1952.

(2.) At the International Cricket Conference held in London on or about July 14, 1966, it was decided that three cricket Test matches would be played in India between India and West Indies. Of these three matches, one was scheduled to be played in Calcutta between December 31, 1966 and January 5, 1967. The venue of the match at Calcutta was fixed at Eden Gardens and the Test cricket match commenced there on December 31, 1966. Before the game could commence on January 1, 1967, there was serious disturbance at Eden Gardens including lathi charge and use of tear gas against a Sec. of the visitors who were inside the ground, beating of Policemen and Home Guards by visitors. In consequence of the disturbances the match was abandoned on that day but was resumed after a couple of days and thereafter duly played.

(3.) By a notification issued by the State of West Bengal (Respondent No. 1) and published in the Calcutta Gazette on January 5, 1967, a commission -of enquiry was set up under the Commissions of Enquiry Act, 1952 (hereinafter referred to as the Act). Mr. Kamalesh Chandra Sen, a retired Judge of this Court was the sole member of this Commission. The Commission is to enquire into the disturbances which broke out at Eden Gardens on January 1, 1967, being the second day of the Test match, with particular reference to: