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2012 DIGILAW 552 (GAU)

Steering Committee against Murder of Democracy (SCAMOD) v. Justice Rajkhowa Commission of Inquiry

2012-05-04

INDIRA SHAH

body2012
JUDGMENT Indira Shah, J. 1. I have heard petitioner in-person and also heard Mr. KTS Tulsi, learned Advocate appearing on behalf of the respondents. This writ petition under Article 226 of the Constitution of India has been filed against the order dated 27.09.2011 passed by the Commission of Inquiry rejecting the prayer of the petitioner for calling the FSL reports on the pellets retrieved during the 2nd Post Mortem and calling the witnesses for further evidence. 2. The facts of the case leading to appointment of the Commission are that - on 31-05-2009, 7(seven) under trial prisoners escaped from Shillong District Jail and in order to apprehend them, there was an encounter leading to death of Full moon Dhar. The Government of Meghalaya appointed a Commission of Inquiry to determine the events and circumstances leading to the escape of seven under trial prisoners and also to determine the circumstances and events leading to the death of Full moon Dhar and other connected incidents. The Commission of Inquiry was supposed to complete the inquiry & submit its report within 6(six) months from the date of notification. The first Chairman of the Commission of Inquiry relinquished his office on 20.04.2010. Then Hon'ble Justice S.P. Rakkhowa (Retd.) Judge of the Gauhati High Court was appointed to complete the inquiry. Some witnesses were examined and the date was fixed for written argument. Respondent No.1, then approached this Court and vide order dated 25th January, 2011 passed in WP (C) No. 14 (SH) of 2011, this Court directed the respondent No.2 (Meghalaya Police) to produce before the Commission the seized Sim Card, the clothes of the deceased Full moon Dhar and also directed the Deputy Commissioner, Jowai to produce the Video recording of the Post Mortem Examination before the Commission within 10 days of receipt of the said order. But the same direction has not been complied with. On 27.09.2011, a petition, on behalf of the petitioner was moved to call S.I R.A Sang ma, the FSL examiner and the doctor, who conducted 2nd Post Mortem examination as Commission witness, which was rejected on the ground that the time for submission of the final report is running out and that without examination of those witnesses, a balance report may be prepared. 3. 3. As regards the direction of this Court regarding production of clothes of the deceased, it appears that the clothes were already buried with the corpse as informed by the family members of the deceased. As per prayer of the petitioner, 5(five) witnesses were already summoned as Court witnesses. The Commission is empowered as per Regulations of Procedure to call upon any person or to refuse to call upon any person for oral examination or cross-examination. 4. This Court vide order dated 25th February, 2011 in connection with WP(C) 14 [SH] 2001, directed the Meghalaya Police inter alia, to produce before the Commission the FSL report of the bullets extracted from the deceased Full moon Dhar during the first post mortem and second post mortem examination but as alleged the FSL report of the pellets extracted during the second Post Mortem was not produced. Therefore, the Meghalaya Police ought to have complied with the order of this Court. 5. The Commission on receipt of FSL report may consider whether it is essential to call the FSL examiner and the doctor who conducted the second Post Mortem and whether the examination of S.I. R.A. Sang ma, who held first inquest of the body of the deceased is essential for just decision of the case. The petitioner is directed to refrain from filing one after another causing delay in submission of the report. In the above view of the matter, this writ petition is accordingly disposed of. There shall be no order as to cost.