NARKALI SONI Vs. MOHD. RAFFI

JUDGEMENT

(1.) An unfortunate incident of attack and assault on some brahmacharis and brahmacharinis belonging to the Ananda Marg resulted in the death of 17 persons and injuries to few others on April 30, 1982 in the vicinity of Bullygunge Railway Station, Bijan Setu and Bondel Road Gate in south Calcutta. The aforesaid incident was considered by the Government of the time to be a definite matter of public importance, consequently leading to the formation of an opinion in favour of appointing a Commission of Inquiry for making an inquiry. In exercise of power conferred by section 3 of the Commissions of Inquiry Act, 1952 (hereafter the Act), the Governor was pleased to appoint a Commission of Inquiry consisting of Shri Justice Samarendra Chandra Deb, Judge of the Calcutta High Court [hereafter referred to as the (Justice Deb) Commission] by a notification published in the Calcutta Gazette dated May 12, 1982. The terms of reference of the (Justice Deb) Commission were :

(2.) It appears from the materials on record that the time for submission of the final report by the (Justice Deb) Commission was initially extended till January 12, 1982, thereafter till June 13, 1983, thereafter till September 13, 1983 and then again till October 31, 1983. There is, however, no material to suggest that the period was extended further with effect from November 1, 1983 by the Governor. On the contrary, a letter dated November 1, 1983 of the Secretary to the (Justice Deb) Commission dated November 1, 1983 addressed to the Secretary to the Government of West Bengal reveals that the (Justice Deb) Commission ceased to exist with effect from November 1, 1983, although certain residual works remained which need to be completed before winding up its office. Another letter dated November 2, 1983, written by the Secretary to the (Justice Deb) Commission reveals a request made to an agency which had supplied furniture to the (Justice Deb) Commission for office use to take back the same by November 9, 1983 positively.

(3.) Whether or not any final report was submitted by the (Justice Deb) Commission is not known, as it appears on further perusal of the materials on record.