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1984 Supreme(SC) 36

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN, RANGANATH MISRA
State Of Gujarat: Bechar Bhai Jadavji – Appellant
Versus
Consumer And Education Research Centre: State Of Gujarat – Respondent


Advocates:
A.M.SANGHVI, B.P.TUNNA, L.M.SINGHVI, MANJU SHARMA, P.C.KAPUR, P.C.KAUSHAL, P.G.GOKHALE, P.H.Parekh, S.B.Vakil, S.K.DHOLAKIA, V.M.TARKUNDE, VASUDHA INDURKAR, Y.S.Chitale

JUDGMENT

FAZAL ALI. J. :— This appeal by special leave is directed against a judgment of the Gujarat High Court quashing the notification dated 17-3-1981 issued by the Government of Gujarat by which an inquiry instituted by the Government was discontinued under S. 7 (1) (a) of the Commissions of Inquiry Act. 1952 (hereinafter referred to as the Act) which had earlier been set up by the Government under the notification dated 10-9-1979.

2. We have heard counsel for the parties at length and have also gone through the judgment of the High Court. Dr. Singhvi. appearing for the appellant as also Dr. Chitale for the members of the public submitted that the action of the Government in discontinuing the inquiry was fully justified and the High Court had no reason to interfere with the same. Mr. Tarkunde. however, controverted the argument of the appellant on the around that the order discontinuing the inquiry was tainted with malice. In our opinion the point involved in the appeal is a very short one and does not merit any detailed discussion of the facts of the case.

3. As stated above. the Government of Gujarat constituted an inquiry in 1979 commonly known as "Machu Dam II Inquiry" and ap






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