BIJAY KUMAR SHARMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) CONSIDERING alarming increase of cases where the police personnel and learned members of the Bar make accusations against each other, this Court on several occasions has tried to find a way out. The primary consideration in such cases was that such disputes do not bring any glory to either the police personnel or the learned members of the Bar. In OJC No. 7702 of 1997 disposed of on 15.7.1997 also this question was considered. The case at hand has direct link to the said case. Certain observations made while disposing of the aforesaid case need to be quoted.

(2.) IT is to be noted that earlier in OJC Nos. 4448 and 9367 of 1 -996, similar problems were dealt with. A Committee was constituted to deal with the matter. A Commission was set up by the State Government to enquire into the matter under the Commissions of Inquiry Act, 1952 (in short, the 'Act'). The Commission inter alia was required to give findings on the following aspects, as evident from notification (SR.944/ 96) dated 13.12.1996 of the Home (Special Section) Department.

(3.) IN view of the order dated 24.9.1995 passed earlier on OJC No. 9367 of 1996, the Commission appointed pursuant to the notification of the Home (Special Section) Department was directed not to function. The Committee constituted pursuant to the direction given in that case was directed to look into the dispute involved in OJC No. 7702 of 1997. It appears that the Committee considered grievances of the parties and by order dated 5.1.1998 disposed of the matter. It suggested that all the cases filed by the learned members of the Bar and the police personnel are to be closed. Accordingly the D.I.G. of Police, Khurda wrote a letter to the learned Advocate General giving details of cases which were to be closed. Records reveal that all the police cases were closed. But contrary to the directions given by the Committee, the complaint cases filed by the learned members of the Bar continued. It has been highlighted by the petitioner that the purpose for which the Committee was constituted to bring about fellow -feeling and amity amongst the police personnel and the learned members of the Bar would be frustrated, and continuance of the complaint cases would be a step in the negative direction.