UNION OF INDIA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The Union of India and three others have filed the present writ petition for quashing the order of the State Government dated 12-3-98 (Annexure-A/2) constituting a Commission of Inquiry u/S. 3 of the Commissions of Inquiry Act and also to quash the public notice dated 31-6-1998 (Annexure-A/3) issued by the Secretary, 'SANAMACHA INQUIRY COMMISSION' (Respondent No. 3). The petitioners have challenged the power of the State Government in constituting the said Commission of Inquiry under the Commissions of Inquiry Act, 1952 for the purpose of making inquiry to the alleged disappearance of one Shri Y. Sanamacha Singh of Thoubal District, Manipur in and around the midnight of 12-2-1998 from his house.

(2.) It is stated in the petition that 17 Raj Rifles have been deployed in the State of Manipur for counter insurgency operation. The area has been declared as disturbed area and Armed Forces (Special Powers) Act, 1958 has been made applicable in the State of Manipur by a notification dated 8-9-1980.On 13-2-98 in the midnight an Army column rushed to Angtha village on receiving an information that some underground (sic) are operating in the said area. The Army column proceeded to the house of one Y. Binakumar Singh and apprehended four persons. Due to the interference and attack by the women folk 'Meira Paibi' of Angtha village, two persons, namely Shri Y. Binakumar Singh and Y. Sanamacha Singh managed to escape and the remaining two persons who were detained by the Army were handed over to Yairipok Police Station on 13-2-98 along with a written report. The officer-in-charge, Yairipok P. S., on the basis of the said report, registered a case being FIR Case No. 15(2) 98 YPK P.S. u/S. 13 U.A. (P.) Act, and 25(I-B) Arms Act. In the said report the Army also requested the police to take appropriate action against the women folk of Angtha village.

(3.) The Government of Manipur by an order dated 12-3-1998 appointed a Commission of Inquiry, namely, 'SANAMACHA INQUIRY COMMISSION' under the Commissions of Enquiry Act for the purpose of inquiring into the aforesaid incident. The terms of reference of the Inquiry Commission are as follows :-'(a) the sequence of events leading to the disappearance of Shri Y. Sanamacha Singh;(b) to find out whether the Army picked up Shri Y. Sanamacha Singh around the midnight of February 12, 1998 from his house and if affirmative, to find out the whereabout of Shri Y. Sanamacha Singh since then;(c) to find out the persons who are responsible for the disappearance of Shri Y. Sanamacha Singh; and(d) to recommend the corrective remedies and measures needed to be taken to prevent recurrence to such incident in future.'In pursuance of the order of the Government dated 12-3-98, the respondent No. 3, Secretary, Sanamacha Inquiry Commission, issued a Public Notice on 31-3-98 inviting affidavits, information, written statement relating to the aforesaid incident. It is further stated that the Commission of Inquiry, according to the term of reference, will investigate into the action of the armed forces of the Union for an act performed by them during the course of performing their duties in aid of civil power. It is also stated that an inquiry by a Commission in pursuance of the aforesaid terms of reference will relate to Entries 2 and 2-A of List I of the Seven Schedule of the Constitution of India in respect of which the Central Government alone is the competent and appropriate authority to appoint the Commission of Inquiry. It is further stated that the State Govt.can appoint Commissions of Inquiry only in matters relatable to any of the Entries enumerated in Lists II and III of the Seventh Schedule of the Constitution. Public order has been included in Entry I of List II, but from that entry the use of armed forces of the Union in aid of civil power has been excluded from that entry. Therefore, Entry I of List II does not confer any power on the State Government to appoint a Commission of Inquiry to inquire into the powers and functions of the Armed Forces of the Union when they are operating in the State in aid of civil power. The subject-matter of the present inquiry, as per term of reference, falls under Entry 2 and 2-A of List I of the Seventh Schedule of the Constitution and the Central Government is the only appropriate authority to constitute a Commission of Inquiry and not the State Government. It is also stated in the petition that the present inquiry the action or conduct of the members of the 17 Raj Rifles operating in Manipur in aid of civil power will be investigated by the Commission of Inquiry which is not included in Entry I of List II and as such the matter falls within the ambit of Entry 2 and 2-A of List I of the Seven Schedule of the Constitution. It is further stated that two Habeas Corpus writ petitions are pending before the Hon'ble High Court and these two writ petitions are still pending and in view of the pendency of the two writ petitions, the State Govt. should not have constituted the Commission of Inquiry. Having felt aggrieved by the Constitution of Commission of Inquiry by the State Government, the Union of India and three others have filed the present writ petition.