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2002 DIGILAW 58 (JK)

Ch. Pyara Singh, MLA v. State Of J. &K.

2002-03-08

T.S.DOABIA

body2002
T.S. Doabia, Judge. The challenge in this petition is being made to the issuance of a Notification under Section 3 of the Jammu and Kashmir Commission of Inquiry Act, 1962. A further challenge is also being made to another Notification copy whereof is Annexure-C, whereby there is change in the Constitution of the Commission. As the issue invoved is purely legal, State counsel submits that it is not proposed to file any reply. This aspect of the matter has been noticed in the interim order passed by this court on 05.11.2001. This notification is being challenged inter alia on the ground that the State Government cannot appoint a Commission of Inquiry as the purpose of this Act is only to inquire into matters dealing with the misuse of power by a Minister or to go into an incidents dealing with the exercise of power which according to the petitioners is excessive by the police authorities or with other matters as indicated in paragraph 11(a) of the writ petition. It is submitted that the Commission of Inquiry should not have been appointed in this case as these are matters, which are and can be dealt with under the "Permanent Resident Certificate (Procedure) Act, 1963." It is stated that the purpose of the Commisssion is to achieve some political mileage. It is submitted that this power could not be exercised. 2. A perusal of the Notification issued by the State Government and the perusal of the statutory provision, i.e. the Jammu and Kashmir Commission of Inquiry Act, 1962 makes it apparent that the recommendations, which are to be made by the Commission are only recommendatory in nature. The issue to be considered by the Commission have been indicated therein; these are being reproduced below:- " (i) to inquire whether non-permane-nt residents have obtained permanent resident certificates in contravention of the Jammu and Kashmir Grant of Permanent Resident Certificates Procedure Act, 1963 ( Act No. XIII of 1963) and other laws pertaining to the subject and circumstances thereof; (ii) if so, to identify the officers/officials who have issued such certificates in violation of the law on the subject; and (iii) consequently, to suggest measures, for providing an effective check to prevent such violation of the provisions of the Jammu and Kashmir Grant of Permanent Resident Certificates Procedure Act, 1963." 3. I am of the opinion that the whole purpose of constitution of the Commission is to find out if there is violation of the provisions of Jammu and Kashmir Grant of Permanent Resident Certificates Procedure Act, 1963 and who is responsible for the same. Under the Act of 1963, a certificate can be cancelled, but the Commission is not only to examine such cases, but also to suggest ways and means and suggest measures for providing an effective check to prevent violation of the provisions of the Jammu and Kashmir Grant of Permanent Resident Certificates Procedure Act, 1963 in future. I am of the opinion that to the decision so be taken, no exception can be taken. This decision taken on the executive side is not open to judicial review. 4. This petition as such, is found without any merit and is dismissed alongwith connected C.M.P. No. 989 of 2001.