JAGMOHAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Writ Petition (C) No. 5817 of 2004 and Writ petition (C) No. 6187 of 2004 being relatable to the same issue are proposed to be disposed of by this common Judgment and order,

(2.) Writ Petition (C) No. 5817 of 2004 has been filed by Col. Jagmohan Singh, Commandant of 17th Assam Rifles challenging the competence of the State of Manipur to appoint a Commission of Inquiry by the Notification No. 8/l(l)/2004/H(Pt-2) dt. 12th July, 2004 with prayer for other consequential reliefs. Writ Petition (C) No. 6187 of 2004 has been filed by JC-172262F No Digambar Dutta of 17th Battalion Assam Monorama Devi, Bamonkampu By 17th Assam Rifles and three others also challenging the aforesaid notification.

(3.) In Writ Petition (C) No. 5817 of 2004, an order was passed on 19.8.2004 observing that it would be open for the Commission to examine the petitioners on commission in camera. In Writ Petition (C) No. 6187 of 2004, while issuing Rule by the order dated 28.8.2004, a learned Single Judge of this Court provided that the Commission may proceed with the enquiry, but shall not publish the report or any other material without prior leave of the Court and the findings of the Commission shall be subject to final decision in this writ petition.