SHYAMAL KUMAR SEN, C. J. ( 1 ) THIS is a public interest petition which relates to the incident which took place on 15/09/2000 when some lawyers went to the Court of District Magistrate, Etawah to request him not to dismiss the cases in default as the lawyers of the Etawah have passed resolution that they will not attend the Court by way of sympathy due to brutal killing of three lawyers of the same family practising in the District Court Etawah. The contention of the petitioners is that respondent No. 7, P. K. Pandey, Additional District Magistrate, Etawah came out from his chamber and used abusive language and threatened the lawyers to see them on the next day, i. e. 15/09/2000. On 15/09/2000 the lawyers were holding a peaceful meeting and when they came out from the meeting place i. e. civil Court compound, brick-bats were thrown over them by the employees of the Collectorate and some other persons and respondent No. 7 passed an order directing the police to take recourse to lathicharge. It is further contention of the counsel for the petitioners that hundred lawyers were seriously injured. On 16/09/2000, petitioner No. 2 Arvind Kumar Tiwari, Advocate and members of the petitioner No. 1 visited Etawah and saw the condition of the civil Court premises and talked to the office bearers of civil bar in general. ( 2 ) THIS writ petition, by way of public interest litigation, was moved on 20/09/2000 and was listed before this Bench on 21/09/2000. On that date the following order was passed :"list for orders on 25-9-2000 at the top of the list. The learned Advocate General shall appear on that day and inform the Court what instruction he has received from the Government regarding the matter in issue. " ( 3 ) ON 25/09/2000 pursuant to our directions the Advocate General appeared and submitted that with regard to the incident of murders of three advocates of the same family in Etawah, a decision has already been taken by the State Government to request the Central Government to have a C. B. I. enquiry, Sri Giridhar Nath, learned Advocate for the C. B. I. who was present in Court also submitted before us that he has received instruction on phone from the DIG, CBI, Lucknow that such a request has been sent by the State Government to the Central Government. It appears that a CBI enquiry and investigation in regard to the criminal case relating to murders of three advocates of the same family has been accepted by the State Government. Learned Advocate General has further submitted that the whole issue relating to police lathi charge on the advocates is the consequential effect arising out of the said murders and the demand of the advocates that the CBI enquiry with regard to the same also arises out of the same. However, it is further submitted by the learned Advocate General that on 13/09/2000, the District Magistrate and the Additional District Magistrate, Etawah were holding proceedings in judicial cases in their Courts when the lawyers tried to disrupt the proceedings but no untoward incident took place on that date. On the 15th instant, however, according to the Advocate General agitating advocates became violent and there was a direction by the Additional District Magistrate, Etawah, to take recourse of mild lathi charge. Subsequently, the peshkar of the Court of the Additional District Magistrate also lodged a first information report regarding the incident which took place on that date in the Court of the Additional District Magistrate and revenue office. With regard to the lathi charge by police on the 15th, it is alleged that some first information report was lodged by some of the victims who happened to be lawyers. Sri A. D. Giri has submitted that some first information report was not taken down with regard to the lathi charge. It is also submitted before us that another proceeding was initiated before the Special Judge, Dacoity Affected Area Act. Since, however, no document or record relating to the said proceedings could be produced on that day, we directed that the records of theproceedings before the Special Judge, Dacoity Affected Area Act, and the Chief Judicial Magistrate, if any pending, be produced before us. Pursuant to the said directions records have been produced before us today in sealed cover. We have perused the records and it appears to us that the police officials filed first information report against the lawyers whereas the lawyers lodged complaint with the Chief Judicial Magistrate. Pursuant to the said directions records have been produced before us today in sealed cover. We have perused the records and it appears to us that the police officials filed first information report against the lawyers whereas the lawyers lodged complaint with the Chief Judicial Magistrate. The Chief Judicial Magistrate in one of the complaints of the lawyers passed order directing the S. S. P. Etawah to investigate into the matter himself or any other gazetted police officer other than those who are accused and submit a report within 30 days. ( 4 ) IT is the admitted position that lathi charge has been resorted to by the police on the basis of the order passed by the Additional District Magistrate, Etawah. Learned Advocate General has also in his submission admitted the same and is very fair in his submission that he has no objection to independent enquiry into the matter. He however, further submits that it has to be ascertained by the Court if it has power to direct independent enquiry in the instant case. It appears to us that the matter is very serious and grave that about 100 lawyers have been injured and 39 of them have been medically examined. It has also been submitted that some of the lawyers have been seriously injured and one of them has lost his eyesight and has been sent to Delhi for necessary treatment. Four lawyers are still lying in the hospital for treatment. We express deep concern in the matter. It is very unfortunate that such incident has taken place. Be that as it may, it is on record that the complaint has been lodged with the Chief Judicial Magistrate by some of the lawyers who suffered injuries against the police officials such as, P. K. Pandey, Additional District Magistrate, V. K. Shekhar, Additional. Superintendent of Police, A. K. Misra, C. O. (City), Sant Kumar, SHO, P. S. Kotwali and Ravindra Singh, Inspector, P. S. Civil Lines, Etawah. The allegations are there against the police officials and the Chief Judicial Magistrate has directed the Senior Superintendent of Police to enquire into the matter. The concept of liberty and justice requires confidence on the authority who will carry inquiry and investigation in judicial proceedings. The fairness demands that the persons against whom allegations have been made should not be involved having determining factor in the proceedings. The concept of liberty and justice requires confidence on the authority who will carry inquiry and investigation in judicial proceedings. The fairness demands that the persons against whom allegations have been made should not be involved having determining factor in the proceedings. Be that as it may, we do not like to make any comment on the direction issued by the Chief Judicial Magistrate. In this public interest petition, the petitioners are concerned and they have expressed that proper justice shall be meted out if respondent No. 3 Director, Central Bureau of Investigation, New Delhi is entrusted to enquire into the matter. In support of his contention Mr. A. D. Giri, Senior Advocate for the petitioner has relied upon a judgment in the case of R. S. Sodhi, Advocate, Peoples Union for Civil Liberties v. State of U. P. 1994 Supp (1) SCC 143 : (1993 All LJ 1357 ). It appears in the said decision that the State Government appointed a one member commission headed by a sitting Judge of the Allahabad High Court to inquire into the matter as in the instant case. Three incidents took place in which as many as 10 lives were lost had admittedly taken place and it was felt that need for an independent investigation should not be disputed. Since local police was involved in the said encounters, a request was made that an independent agency might be asked to investigate into the matter in accordance with the Code of Criminal Procedure with a view to bringing the offenders, if any, to book. The Supreme Court, in paragraph 2 of the said judgment at page 144 of said report observed as follows :"we have examined the facts and circumstances leading to the filing of the petition and the events that have taken place after the show cause encounters. Whether the loss of lives was on account of a genuine or a fake encounter is a matter which has to be inquired into and investigated closely. We, however, refrain from making any observation in that behalf; we should, therefore, not be understood even remotely to be expressing any view thereon one way or the other. Whether the loss of lives was on account of a genuine or a fake encounter is a matter which has to be inquired into and investigated closely. We, however, refrain from making any observation in that behalf; we should, therefore, not be understood even remotely to be expressing any view thereon one way or the other. We have perused the events that have taken place since the incidents but we are refraining from entering upon the details thereof lest it may prejudice any party but we think that since the are directed against the local police personnel it would be deserable to entrust the investigation to an independent agency like the Control Bureau of Investigation so that all concerned including the relatives of the deceased may feel assured that an independent agency is looking into the matter and that would lend the final outcome of the investigation credibility. Howeverfaithfully the local police may carry out the investigation, the same will lack credibility since the allegations are against them. It is only with that in mind that we having thought it both advisable and desirable as well as in the interest of justice to entrust the investigation to the Central Bureau of Investigation forthwith and we do hope that it would complete the investigation at an early date so that those involved in the occurrences, one way or the other, may be brought to book. We direct accordingly. In so ordering we mean no reflection on the credibility of either the local police or the State Government but we have been guided by the larger requirements of justice. The writ petition and the review petition stand disposed of by this order. " ( 5 ) AS held by the Supreme Court in the said decision, however, faithfully the local police may carry out the investigation, the same will lack credibility since the allegations are against them. We are also of the view that even if police authorities may be entrusted to carry out the investigation the same may lack credibility since in this case number of complaints have been lodged against them before the Chief Judicial Magistrate. We are also of the view that even if police authorities may be entrusted to carry out the investigation the same may lack credibility since in this case number of complaints have been lodged against them before the Chief Judicial Magistrate. We have considered the matter carefully and we are of the view that the matter being serious in nature we should direct respondent No. 3, Director, Central Bureau of Investigation to hold the enquiry into the matter expeditiously preferably within a period of six months from the date of receipt of this judgment and submit his report to the Registrar General of this Court. It is, however, made clear that the Central Bureau of Investigation will proceed in accordance with law. We have made our observations only for the purpose of deciding the matter before us and the same shall not in any way be construed to have been made by us relating to the matter pending before the Courts in which the matters are pending as also in respect of the investigation relating to Central Bureau of Investigation. ( 6 ) THE matter shall appear in the last week of March 2001. The records produced from the Courts of Chief Judicial Magistrate and Special Judge, Dacoity Affected Area Act, Etawah should again be put in sealed covers and sent back to the said Courts. Ordered accordingly. .