UNION OF INDIA Vs. JAIPUR ENQUIRY COMMISSION

JUDGEMENT

(1.) IN the present writ petition, the learned counsel appearing on behalf of Union of INdia has raised 3 points, namely : - 1. that the Jaipur Enquiry Commission appointed under the Commissions of Enquiry Act, 1952 has no jurisdiction to issue notice to Union of INdia or any of its Officer; 2. that the documents which were submitted only for perusal and which should not have been taken on record, were in the nature of privileged documents and no order was passed with regard to the nature of documents on 31. 03. 1993 and, therefore, the present order dated 17. 9. 1993 is based on wrong facts; 3. that sufficient information has already been provided by the State Wing of the Police Department and before issuing any notice to the officers of INtelligence Bureau, permission of the Central Govt. was required under Section 5-A of the Commissions of Enquiry Act, 1952.

(2.) BRIEF facts of the case are that a Commission of Enquiry was appointed by the State Government to enquire into the totality of the circumstances leading to the law and order situation at Jaipur on and after 24. 10. 1990, and to make recommendations to the Government for avoiding the recurrence of such situation in future.

(3.) ACCORDING to the above definition, it is submitted that the power of the Commission is restricted only with regard to the authorities which are mentioned in the List II and List III of the Seventh Schedule to the Constitution and since the constitution of S. I. B. is in List-I, item No. 8 therefore, the Commission has no power to issue notice with regard to the object for which it is established, to any of the officers of Central Bureau of Investigation.