Judgment

SEN, J. :- This appeal by special leave directed against the judgment and order of a Division Bench of the Bombay High Court dated August 11, 1987 raises a question of far-reaching importance. The question is whether a Commission of Inquiry constituted under S. 3 of the Commissions of Inquiry Act, 1952 (hereinafter referred to as the Act) is a "Court" for purposes of S. 195(1)(b) of the Code of Criminal Procedure, 1973.

2. We had the benefit of hearing Dr. Y. S. Chitale, learned counsel appearing on behalf of the appellant Dr. Baliram Waman Hiray, who at one time was the Health Minister of Maharashtra and Shri A. S. Bobde, learned counsel appearing on behalf of the State Government, as-to the purport and effect of the inclusive clause of sub-s. (3) of S. 195 of the Code which provides that in cl. (b) of subs. (1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

3. In Lalji Haridas v. State of Maharashtra, (1964) 6 SCR 700, a Constitution Bench of this Court by a majority of 3 : 2 held that the proceedings before