The government is obligated to implement the recommendations of a Commission once accepted, and must provide timely compensation and legal aid to victims.

JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. The city of Mumbai had a torrid time from 6th December 1992 till 12th March 1993. Mumbai witnessed perhaps the worst mob frenzy, violence, communal tension and riots from 6th December 1992 to 10th December 1992 and from 6th January 1993 to 20th January 1993. There were many incidents of arson and violence resulting in a large-scale loss of lives and damage to properties. The Police resorted to firing at many places. Ultimately, Army was called to aid the civil administration. Thereafter, the situation was gradually brought under control. When the citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts in various parts of the city on 12th March 1993. In December 1992 and January 1993, there were about 900 deaths, 168 persons were reported missing and about 2036 persons suffered injuries. As a result of the serial bomb blasts of 12th March 1993, there were 257 deaths and 1400 people were injured.

2. The Government of Maharashtra by a notification dated 25th January 1993 constituted a Commission under the Commissions of Inquiry Act, 1952 (for short, ‘the 1952 Act’) headed by Hon’ble Shri Justice B.N. Srikrishna, the then sitting Judge of the High Court of Judicature at Bombay, who subsequently retired as a Judge of this Court. The Terms of Reference of the Commission were as under:

“(i) The circumstances, events and immediate causes of the incidents which occurred in the Bombay Police Commissionerate area in December 1992 on or after the 6th December 1992 and, again in January 1993, on or after the 6th January 1993;

(ii) Whether any individual or group of individuals or any other organizations, were responsible for such events and circumstances;

(iii) The adequacy or otherwise of the precautionary and preventive measures, taken by the Police preceding the aforesaid incidents;

(iv) Whether the steps taken by the Police in controlling the riots were adequate and proper and whether the Police firing resulting in deaths was justified or not; and

(v) The measures, long and short term, which are required to be taken by the administration to avoid recurrence of such incidents, to secure communal harmony and also to suggest improvements in law and order machinery.”

3. Subsequently, the Terms of Reference of the Commission were expanded by the State Government and the following additional terms were incorporated:

“(vi) The circumstances and the immediate cause of the incidents commonly known as the serial bomb-blasts of the 12th March 1993, which occurred in the Bombay Police Commissionerate area;

(vii) Whether the incidents referred to in term (i), have any common link with the incidents referred to in term (vi) above; and

(viii) Whether the incidents referred to in term (i) and in term (vi) were part of a common design.”

By a notification dated 23rd January 1996, the State Government disbanded the Commission on a very strange ground that there was an inordinate delay on the part of the Commission in submitting its report. As noted in the report of the Commission, the then Hon’ble Prime Minister requested the Chief Minister of Maharashtra to revive the Commission and that is how it was revived by the notification dated 28th May 1996. The Commission submitted its report on 16th February 1998 which consisted of two volumes. Volume-I contained the conclusions and recommendations of the Commission. Volume II contained a summary of the evidence recorded and analysis of the evidence.

4. The present petition invokes the jurisdiction of this Court under Article 32 of the Constitution of India. There are five substantive prayers made in the petition, which read thus:

“i. Declare that an enquiry conducted under the Commission of Enquiry Act, 1952, would tantamount to an Inquiry within the meaning of Article 311 [2] of the Constitution of India;

ii. Declare that a public serva