V. A. Thirunavukkarasu v. State Government of Tamilnadu, rep. by the Chief Secretary, Chennai
2013-07-17
C.T.SELVAM, V.DHANAPALAN
body2013
DigiLaw.ai
Judgment :- V. Dhanapalan, J. 1. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal. 2. Heard Mr.Adv.R.Krishnamurthy, learned counsel for the petitioner and Mr.I.S.Inbadurai, learned Special Government Pleader appearing for respondents 1 to 6, 8 and 9. 3. The petitioner who is an Advocate, has filed this Public Interest Litigation (for short, 'PIL') for issuance of a Writ of Mandamus to direct the first respondent to conduct a judicial probe by appointing a senior sitting Honourable Judge of this Court into the alleged death of Dalit youth E.Elavarasan, victim of inter-caste marriage, aged about 20 years, who was found dead nearby Railway track at Dharmapuri on 4.7.2013 afternoon, in order to unearth the real truth and maintain law and order and harmony in the State, pending on the file of the seventh respondent and also on the basis of the newspaper reports published in "The Hindu" and "Deccan Chronicle", dated 5.7.2013. 4. Learned counsel for the petitioner strenuously contended that as a person interested in public activities and considering larger public interest of the State and also to maintain law and order, peace and harmony among all the caste citizens, the petitioner has come up with this PIL without any motive and only to inform the Court about the importance of an independent judicial probe by appointing a sitting Judge of this Court. 5. Learned Special Government Pleader appearing for respondents 1 to 6, 8 and 9, while taking notice, produced a copy of the Government Order in G.O.Ms.No.670, Public (Law and Order-F) Department, dated 8.7.2013 and submitted that the Government, in exercise of the powers conferred by Section 3(1) of the Commissions of Inquiry Act, 1952 (Central Act LX of 1952), has taken a decision to appoint a Commission of Inquiry consisting of a single member, namely Honourable Mr.Justice S.R.Singharavelu, retired Judge of this Court to inquire into the facts and circumstances leading to the death of Thiru.E.Illavarasan, son of P.Elango of Natham Colony, Dharmapuri District, with the following term of reference: "To inquire into the cause of death and circumstances that led to the death of Thiru.E.Illavarasan, son of P.Elango, aged about 20 years of Natham Colony, Dharmapuri who was found dead on 4.7.2013 on the Railway track behind the Government Arts College, Dharmapuri (Adhiyamankottai Police Station limits, Dharmapuri District). 6.
6. In this regard, it is worthwhile to notice the relevant provisions of the Commissions of Inquiry Act, 1952, which read as follows: "Section 3: Appointment of Commission:-(1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by each House of Parliament or, as the case may be, the Legislature of the State, by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly: Provided that where any such Commission has been appointed to inquire into any matter-- (a) by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same matter for so long as the Commission appointed by the Central Government is functioning; (b) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States. (2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman thereof. (3) The appropriate Government may, at any stage of an inquiry by the Commission, fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member). (4) The appropriate Government shall cause to be laid before each House of Parliament or, as the case may be, the Legislature of the State, the report, if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government." 7.
It is seen that the State Government has exercised its powers under the provision of law above re-produced and appointed a Commission of Inquiry headed by Hon'ble Mr.Justice S.R.Singharavelu, retired Judge of this Court, to inquire into the facts and circumstances leading to the death of Thiru.E.Illavarasan, son of P.Elango, Natham Colony, Dharmapuri District. 8. With regard to the report and findings of a Commission of Inquiry, it is relevant to notice a decision of the Apex Court, reported in 2001 (6) SCC 181 (T.T.Antony Vs. State of Kerala), wherein, the Supreme Court held as follows: "33. It is thus seen that the report and findings of the Commission of Inquiry are meant for information of the Government. Acceptance of the report of the Commission by the Government would only suggest that being bound by the rule of law and having duty to act fairly, it has endorsed to act upon it. ...." 34. Acting thus the investigating agency may with advantage make use of the report of the Commission in its onerous task of investigation bearing in mind that it does not preclude the investigating agency from forming a different opinion under Sections 169/170 Cr.P.C. if the evidence obtained by it supports such a conclusion. In our view, the courts, civil or criminal, are not bound by the report or findings of the Commission of Inquiry as they have to arrive at their own decision on the evidence placed before them in accordance with law." 9. In the light of the above stated position, as the grievance of the petitioner has already been looked into by the State Government by appointing Honourable Mr.Justice S.R.Singharavelu, retired Judge of this Court to head the Commission of Inquiry into the alleged death of the Dalit youth Thiru.E.Illavaran, son of P.Elango, aged about 20 years of Natham Colony, Dharmapuri District, while recording the same, this Writ Petition stands disposed of. No costs.