ORDER :

1. Mr. G. Ramaswamy, learned Additional Solicitor General, appearing for the State of Gujarat, states that the State Government will transfer the Superintendent of Police, Deputy Superintendent of Police and all other persons connected with the Police Station in which the incident took place to a place outside the Kheda District and they would also transfer the Police Inspector, Mr. Chauhan against whom certain strictures had been passed by the Chief Judicial Magistrate, Mr. N.L. Patel. These transfers will be given effect to from 5th October, 1989.

2. We appoint Mr. Justice Ram Manohar Sahai, the seniormost puisne Judge of the Allahabad High Court, as a Commissioner of this Court to hold an enquiry into this matter an to submit his Report to this Court within four weeks from today. All persons who are interested in filing any statement, may file their statement in writing before the Registrar of the High Court of Gujarat within one week from today.

3. The High Court of Gujarat shall make the services of Additional Registrar of the Gujarat High Court available to the Commissioner. The Commissioner is permitted to take his own Private Secretary from the High Court of Allahabad or any other officer of his choice as his Secretary to assist him in the course of his work.

4. If the Commissioner wants the assistance of any other staff, the learned Chief Justice of the High Court of Gujarat will make available necessary additional staff.

5. The Commissioner shall be provided adequate security preferably consisting of personnel drawn from the agency of C.R.P. Force.

6. The Commissioner is empowered to record evidence and summon any witnesses he thinks necessary and also to summon any documents he may consider necessary.

7. All the authorities of Gujarat Government shall extend their full cooperation to the Commissioner in discharge of his duties.

8. The State Government shall make available suitable residential accommodation, transport and office accommodation and other facilities to the Commissioner at Nadiad. The High Court of Gujarat shall ensure that all necessary arrangements are made for the functioning of the Commissioner well in time.

9. Any person against whom any allegation is made may be permitted to cross-examine witnesses who give evidence.

10. The Commissioner is permitted to evolve his own procedure to regulate the proceedings before him.

11. The State Government shall make available to the Commissioner a counsel of his choice to act as the counsel of the Commissioner.

12. The entire cost of the Commission shall be born by the Government of Gujarat. Initially, a sum of Rs. 20,000/- shall be kept at his disposal for contingency fund. Travelling allowance and D.A. of the Commissioner shall be made out of the contingency fund.

13. If the Commissioner wants any further direction with regard to any of the matters, he may seek directions through letters addressed to this Court.

14. This Order is passed subject to the Order of the President treating the period during which Mr. Justice Rain Manohar Sahai functions as 1 a Commissioner as period spent on duty.

15. We hope the Commissioner will start functioning from 16th October, 1989. All the persons who have filed their applications may appear before him on 16th October, 1989 at Nadiad.

16. A copy of this order shall be published in the local newspapers in Gujarat both in English and in Gujarati and in Hindi, if they are available, and all those who may be interested in the matter may file their statement within a week before the Registrar of the High Court of Gujarat and no further notice shall be given.

17. A copy of this order will be sent to the Ministry of Law Justice & Company Affairs forthwith, with a request that the consent of the President may be obtained within two or three days from today and communicated to Mr. Justice Ram Manohar Sahai and to this Court.

18. In writ Petition No. 518/89, we issue notice of contempt to the following persons :

1. Shri Dhagal

Superintendent