MANABENDRA SARKAR Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution is directed against the notification dated 20th January, 1973, whereby the Government of Assam has appointed a Commission of Inquiry consisting of Shri Justice M. C. Pathak, Judge of the Gauhati High Court, to inquire into and report by 31st May, 1973 on certain incidents at Kharupetia in Mangaldoi subdivision and at Hojai in Nowgong district.

(2.) THE petitioner is the Secretary of the Hojai Citizens' Association, which is an unregistered association, and claims to be interested in the inquiry which has been ordered under the aforesaid notification. The petitioner has entered appearance before the Commission and filed a verified memorandum on behalf of the association. The memorandum is annexed as Annexure 'B' to the petition. The State Government as well as other parties also filed memoranda before the Commission, which has already framed certain issues and fixed 14th, 15th and 16th May, 1973 for evidence by the State. The petitioner obtained a Rule Nisi on 10th May, 1973 and the Commission was prohibited from proceeding with the work entrusted to it under the impugned notification, pending hearing of the Rule.

(3.) MR . Dutta, the learned counsel for the petitioner, made the following submissions: