DISTRICT ADMN TURA Vs. COMMISSIONER OF INQUIRY

JUDGEMENT

(1.) THE Government of Meghalaya in exercise of the power conferred by Section 3 of the Commission of Inquiry Act 1952 (Act No. 60 of 1952) (herein after referred to as 'the Act'), upon forming an opinion about the necessity to appoint a Commission of inquiry for the purpose of making an inquiry into a definite matter of public importance, namely relating to the incident of police firing occurred on 30th September, 2005 at Tura in West Garo Hills District resulting in the death of four persons besides injury to a number of civilian and police personnel, vide notification dated 3rd January, 2006 appointed Justice D. N. Chowdhury, retired judge of Gauhati High Court to inquire into the said incident of police firing, as one man Commission, with the terms of reference contained therein. The said notification reads as follows :

(2.) THE Commission in exercise of the power conferred by Section 8 of the Act framed the regulation of procedure, namely "justice D. N. Chowdhury Commission of Inquiry/regulations of Procedure) Order 2006", (herein after referred to as the Regulations procedure to regulate the procedure to be adopted while making the inquiry pursuant to the said notification dated 3. 1. 2006 issued by the Government of Meghalaya. By order dated 25. 1. 2006 a direction was issued to issue notices as required under rule 5 (2) of the Commission of inquiry (Central Rules), 1972 (hereinafter referred to as the Rules) to every person, to furnish a statement to the Commission relating to the incident of police firing occurred on 30th September 2005 at Tura and also to issue a notification to be published in local dailies having wide circulation in the State of Meghalaya inviting all persons acquainted with the subject matter of the inquiry to furnish a statement to the Commission relating to such matter as notified in the notification. Accordingly such notices and notification were issued. Sri P. Sampat Kumar, Deputy Commissioner, West Garo Hills District, Tura, thereafter, on 25. 2. 2006 submitted the memorandum on affidavit on behalf of the district authorities of West Garo Hills District before the Commission relating to the incident of the police firing. By 25th of February, 2006 apart from the memorandum on affidavit filed on behalf of the district authorities, 20 other memorandums on affidavit were filed by other persons.

(3.) THE Commission in its proceeding dated 28. 2. 2006 finalised the regulation of procedure to be adopted by it and communicated to the parties. By the said order the district administration was directed to file examination-in-chief supported by affidavit by 7. 3. 2006, as per the regulation of procedure adopted by it and further observing that the cross examination of the witnesses of the administration shall continue on a day to day basis till 17. 3. 2006. By another order dated 28. 2. 2006 the Commission upon perusal of the statements submitted by the parties and keeping in mind the nature of allegations made in the statement of case as well as on examination of the materials on record made available to the commission including notification dated 3. 1. 2006, passed an order directing issuance of notice under Section 8b of the Act to four government officials namely (i) Smt. Lutherin R. Sangma, the then Deputy Commissioner, Tura (ii) Smt. S. N. Marak, ADM, West Garo Hills District, Tura (iii) Sri Raksin P. Marak, ADM, West Garo Hills District, Tura (writ petitioner in W. P. (c) No. 2715 of 2006) (iv) Sri D. P. Marak, Additional S. P. Tura affording reasonable opportunity to those persons of being heard in the inquiry and to produce evidence in their defence. Accordingly such notices under Section 8b of the Act were issued to those persons.