( 1 ) THIS appeal is directed against the order dated 7-3-2006 of the learned single Judge directing the Railway Administration and all others not to give any further publicity to the report of the High Level Committee headed by Mr. Justice U. C. Banerjee and not to implement and not to take any further action on the basis of the said report meaning thereby the learned single Judge has directed that the said report shall not be further acted upon and relied upon in any manner whatsoever by anybody including the respondents. The learned single Judge has also fixed the final hearing of the petition in the week commencing from 3-4-2006. We heard the learned Counsel at length. With their consent, the appeal was taken up for final disposal and is accordingly being disposed of by this judgment.

( 2 ) ON 27-2-2002, an unfortunate incident took place when 58 passengers lost their lives on account of the fire caused in the S-6 coach of Sabarmati express near the Godhra Railway Station and more than 40 passengers sustained injuries. Criminal complaints came to be filed being C. R. Nos. 9 and 10 of 2002 at Godhra Railway Police Station on 27-2-2002 itself, for the offences punishable under Secs. 302, 307, 147, 148, 149, 436, 153a read with Sec. 120b of the Indian Penal Code and Secs. 141, 150 and 153 of the Indian Railways act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of the charge-sheets, the case is transferred to the Special Court under P. O. T. A. where the trial for the aforesaid criminal offences is still pending.

( 3 ) APPOINTMENT of Commission of Inquiry :[1] On 28-2-2002 i. e. on the very next day after the incident, the Chief minister of the State of Gujarat made a statement on the floor of the Legislative assembly that a Commission of Inquiry under Sec. 3 of the Commission of inquiry Act, 1952 (hereinafter referred to as "the C. O. I. Act") will be appointed to inquire into the aforesaid incident. By notification dated 6-3-2002, the government of Gujarat appointed one-man Commission of Inquiry under the said Act consisting of Mr. Justice K. G. Shah, a retired Judge of this Court. Subsequently, by notification dated 21-5-2002, the Commission was reconstituted and the terms of reference were also expanded :- (i) Mr. Justice G. T. Nanavati, a retired Judge of the Hon ble Supreme court was appointed as the Chairman and Mr. Justice K. G. Shah was appointed as a Member. (ii) The Commission was required to inquire into and report on the incident of setting on fire some coaches of Sabarmati Express train near Godhra railway Station on 27-2-2002 and subsequent incidents of violence in the State of Gujarat in the aftermath, and adequacy of administrative measures taken to prevent and deal with the disturbances in Godhra and subsequent disturbances in the State. [2] The terms of reference of the reconstituted Commission (hereinafter referred to as "the Commission" or "justice Nanavati Commission") were amended on 20-7-2004 also. The terms as amended till 20-7-2004 were as under : (1) To inquire into - (a) the facts, circumstances and the course of events of the incidents that led to setting on fire some coaches of the Sabarmati Express train on 27-2-2002 near Godhra Railway Station. (b) the facts, circumstances and course of events of the subsequent incidents of violence in the State in the aftermath of the Godhra incident; and (c) the adequacy of administrative measures taken to prevent and deal with the disturbances in Godhra and subsequent disturbances in the state; (d) Role and conduct of the then Chief Minister and/or any other minister (s) in his Council of Ministers, Police Officers, other individuals and organization in both the events referred to in clause (a) and (b); (e) Role and conduct of the then Chief Minister and/or any other minister (s) in his Council of Ministers, Police Officers. (i) In dealing with any political or non-political organiz