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1996 Supreme(Pat) 328

N.PANDEY, R.N.SAHAY
Lal Krishna Advani (L. K. Advani) – Appellant
Versus
State Of Bihar – Respondent


Judgment

N.PANDEY, J.

1. This is petition under Articles 226 and 227 of the Constitution of India to invoke the writ jurisdiction of this Court for quashing some of portions of the report of the two Members of the Bhagalpur Riot Inquiry Commission, which reflect stigma and are prejudicial to the conduct and reputation of petitioner No. 1 as also to restrain respondents 1 and 2 from taking any action on the basis of offending portions of the report or any insinuation therein.

2. In order to appreciate respective submissions made by learned counsel for the parties, it would be useful to give, in brief, the circumstances, leading to appointment of the Commission and also to quote the terms of reference : In the year 1989, due to certain communal clashes and riots, several persons of both the communities lost their lives and property. Therefore, the State Government having regard to enormity of the communal disturbances and magnitude of the riots, decided to constitute a Commission of Inquiry under the Commissions of Inquiry Act, 1952 (hereinafter referred to as the Act) to enquire into the cause for communal disturbances and to fix responsibility against the persons who are found respo





































































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