Point of law: Merely because the petition was maintainable and required lengthy hearing would not automatically invite an interim order. Passing of an interim order and that too in case of such a sensitive nature at the fag end of the term of the Commission, would not be in the public interest.

JUDGMENT :

VIKRAM NATH, J.

1. The incident which took place in Shrey Hospital on the fateful morning of 6th of August 2020, was one which shook our conscience. The fire which took place in the COVID hospital almost instantaneously killing those in the Intensive Care Unit of the hospital and injuring many more, requires serious investigation. It was in order to ascertain the truth behind such incident that the Commission of Inquiry was appointed by the State Government under the Commission of Inquiry Act, 1952. When an incident, as shocking as this takes place, it is in the interest of the public at large, that the truth is ascertained as early as possible. Timely ascertainment of the truth is a part of the process of delivery of justice and is an important component for granting closure to the family members of the victims. Any delay in this regard and prolonging the entire process would only exacerbate their suffering, all the more when the Supreme Court is regularly monitoring the inquiry as also the role of the State Government in Suo Motu Writ Petition (Civil) No.07 of 2020.

2. The importance of truth for imparting justice cannot be undermined, for it is the truth alone, which forms the bedrock or the foundation of justice. However, equally important is the path to seeking the truth and as the guardians of justice, it is our solemn duty to ensure that this path is unhindered. It is also our responsibility to safeguard this path and those tread upon it.

3. The Indian ethos accords the highest importance to truth and this is reflected from our National Emblem which is inscribed with the phrase “Satyamev Jayate”. These words echo the sentiments of our society and form the very foundation of our way of life. In order to ensure that truth triumphs, it is the Judiciary that needs to play an active role, protecting those who seek the truth and ensuring that the truth seeking path is well lit and those who seek the truth can bravely push forward without any force to pulling them back. That truth is the soul of justice and is the only guiding star in the entire judicial process, is a fact ingrained in our souls.

4. It is by now well settled that a Commission of Inquiry under the Commission of Inquiry Act, 1952 is a fact finding body appointed to ascertain the truth in a definite matter of public importance and it is this body that treads upon the path seeking the truth. Any attempt to impede its path or to place obstacles before it, must be repelled, for without truth there can be no justice. As the Guardians and the priests of this Temple of Justice, we must do our best to remove such obstacles and ward off any attempt to stall the truth seeking process.

5. This intracourt appeal under Clause 15 of the Letters Patent has been preferred by the State of Gujarat assailing the correctness of the order dated 19th March 2021 passed by the learned Single Judge in Special Civil Application No.4827 of 2021 whereby the learned Single Judge after recording reasons issued notice returnable on 5th April 2021 and in the meantime granted ad interim relief in terms of paragraph 6(C) of the petition whereby prayer had been made to restrain the respondent No.2 i.e. the Hon’ble Justice D.A. Mehta Inquiry Commission (in short referred to as “Justice Mehta Commission”) from pronouncing its report pending admission and/or final disposal of the petition.

6. An unfortunate incident of fire occurred at Shrey Hospital, Navrangpura, Ahmedabad on 6th August 2020 in which 8 Covid patients succumbed to burn injuries and several others were injured.

7. The State Government, exercising its powers under Section 3 of The Commissions of Inquiry Act, 1952 (hereinafter referred to as “the 1952 Act”) appointed a One Man Commission of Inquiry consisting of Hon’ble Justice K.A.Puj, Former Judge of the High Court of Gujarat vide notification dated 11th August 2020 to inquire