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1982 Supreme(AP) 299

Andhra Pradesh High Court
Judges : CHENNAKESAVA REDDY, P.KODANDA RAMAYYA
Md.Ibrahim Khan - Appellant
Versus
Susheel Kumar - Respondent
W. P. No 4667/82
Decided On : 08-27-82
Advocates Appeared :
.

Headnote:COMMISSIONS OF ENQUIRY AC, 1952, Secs 8-B and 8-C and Rules 4 and 5 of the Commissions of Inquiry (Procedure) Rules, 1960 and Rules 5, 6 and 7 of the A, P Commissions of Inquiry Rules Present against who an enquiry is initiated in not entitled to cross- examine the witness who have given affidavits before the Commission Denial of such cross-examination does not amount to violation of principles of natural justice

       HELD: In an inquiry before the Commission, there is a neither a dispute nor a decision which prejudicially affects any right There is an investigation and a mere report of the facts ascertained There is no decision Therefore use of the accolade judicial or quasi- judicial to inquiries before a commission of Inquiry appointed under the Commissions of Inquiry Act is inappropriate The Commission Is not an adjudicating body, but an assisting body that assesses the facts and assists the Government in the arrival of an appropriate decision

       The provisions of Sec 8 (C) of the Act do not confer the right to summon parties who have given evidence on affidavit for cross-examination The general right to cross-examine a witness will secure only when the evidence is record vica vice

       The procedure to be followed by the Commission has been laid down In Sections 8 (B) and 8 (C) of the Act The basic Rules of natural justice have been incorporated in Sections 8 (B) and 8 (C) of the Act and the Commission is invested with the power to regulate 115 own Procedure subject to the provisions of the Act and the rules made there, under

       W P Dismissed

CHENNAKESAV REDDY, J.

( 1 ) MOHAMMAD Ibrahim Khan, now know to the public as the King of Land Grabbers is the petitioner in this writ petition. He disclosed to be public disturbing facts. He involved in the alleged acts of land grabbing some senior civilians and veteran political grandsires provoking a probe by a high power commission. He now seeks to invoke the extraordinary jurisdiction of this Court under Art. 226 of the Constitution to interdict the proceeding of the commission of Inquiry, Land Grabbing, by the issue of writ mainly on the ground that the procedure followed by the commission is contrary to the provisions of the commissions of Inquiry Act, 1952 and the Rules made thereunder.

( 2 ) BY G. O. Ms. No. 146, General Administration (General-B) Department, dated 17/03/1982 the Government of Andhra pradesh appointed a commission of Inquiry under the commissions of Inquiry Act, 1952 (central Act 60 of 1952) consisting of a single member viz. , sri susheel Kumar, I. A. S. commissioner of sugar and Ex-officio secretary to Government industries and commerce department to enquire into the allegations of land grabbing by Mohd. Ibrahim Khan, the petitioner. The commission was requested to complete its enquiry and submit its report on or before 17/05/1982. Subsequently, by G. O. Ms. No. 208. General Administration (General-B) department dated 13/04/1982, an amendment to the Notification issued under G. O. Ms. No. 146 was issued. By the said amendment, the terms of reference were modified and they read as follows:-"2. The terms of reference of th commission shall be as follows:- (1) to probe and inquire into such of the cases pertaining to complaints and allegations of and grabbing of Government lands, local authorities land and also of certain private owners lands by sri Mohd. Ibrahim Khan son of sri Mahaboob Khan of Hyderabad city and his associates, either directly or by formation of bogus co-operative Housing societies registered in the Hyderabad (urban) and Ranga reddy districts or otherwise which are submitted to or filed in the office of the commission by the Director general of police, Andhra pradesh or by the commissioner of police, Hyderabad city or by the district collectors of Hyderabad (urban) and Ranga Reddy Districts or by the state crime branch C. I. D. more particularly into those cases that are described in the Annexure appended hereto. (2) to inquire into other complaints and allegations related thereto or connected therewith". By G. O. Ms. No. 271 dated 17/05/1982 the time limit for the submission of the report was also extended till 15/07/1982.

( 3 ) THE commission issued notices on 26-5-1982 under Rule 4 (1) (a) of the Andhra Pradesh commissions of Inquiry rules, 1968 (hereinafter referred ot as the rules) to the petitioner and several others to furingh statements in duplicate accompanied by affidavits and documents relating to the matters mentioned in the notice. Simultaneously with the issue of the aforesaid notice, a general notification in all important local dailies was got published as required by Rule 4 (1) (b0 of the Rules. In response to the above notices, several persons filed statements supported by affidavits and documents indicting the petitioner. But the petitioner raised several objections to the notice contending that the notice was ultra virus the provisions of Article 20 (3) of the Constitution, and further that land grabbing by a particular individual was not a matter of public importance for the appointment of any commission to recall its notice. On a consideration of the objections raised by the petitioner the commission by its order dated 23/06/1982 rejected the contentions of the petitioner. The commission to inspect such documents as were produced before the commission. After a careful scrutiny of the several affidavits and documents received by the commission in response to the notices under Rule 4 (1) (b) of the rules the commission felt that the allegations contained in and the
































































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