Honble SINGH, J. — These two connected writ petitions are directed against the common order dated 28.10.1993 passed by the Kumher Inquiry Commission, Jodhpur (Camp-Bharatpur), directing the petitioners to produce:—

(1) the case diaries of case Nos. 220, 222, 223, 226, 227, 228, 229 and 230 of 1992 of the Police Station-Kumher;

(2) Rojnamchas containing wireless messages sent by and received at the Police Station Kumher on 1.6.92 & 2.6.92;

(3) the report of the Intelligence Branch, Joint report of the Collector and Superintendent of Police, Bharatpur, and inspection thereof may be allowed to the parties;

(4) the report of the Additional Superintendent of Police C.I.D. (Spl. Branch), Bharatpur Zone, containing some material which shall not be in the public interest to be disclosed and this part may not, therefore, be revealed to the parties;

(5) The C.I.D. was also directed to produce the case-diaries Nos. 210, 218 and 219 of 1992;

(6) the inspection was to be carried out by the parties in the presence of the Secretary or the Dy. Secretary of the Commission. The parties shall not be entitled to copies of any of these documents, certified or uncertified, except the First Information Reports.

(2). Some incident took place at Kumher between the 1st June and 7th June of 1992 in which about 17 persons lost their lives and a large number of persons were seriously injured. Damages were also caused to the personal properties. Sixteen criminal cases were registered in respect of these incidents under the various provisions of the Indian Penal Code and Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was a sort of caste war between Jats and Jatavs who are the members of the Scheduled Castes.

(3). Since the case was of a sensitive nature and the incident disturbed the law and order situation, the Rajasthan Government, vide notification No.32 (2) Grah 9/92, dated 7.06.1992, appointed a Commission under the Commissions of Inquiry Act, 1952 (in short, the Act). The Commission in pursuance of Rule 2 of the Rajasthan State Commissions of Inquiry (Procedure) Rules, 1969 (in short, the Rules) issued a notification on 20.08.1992 inviting all the persons acquainted with the subject matter of the inquiry to make a statement of facts.

(4). In response to the notification, four sets of the statements have been filed :— (i) by the State Government ; (ii) by Zila Nyay Sangharsh Samiti; (iii) by Society for Depressed people for Social Justice, and ; (iv) by Bhartiya Janta Yuva Morcha, Bharatpur. Some individual Jatavs also filed affidavits, but did not file any statement of case.

(5). 12.03.1993 was the date fixed for evidence of the witnesses to be examined by the State Government. On that date, an application was filed on behalf of Zila Nyay Sangharsh Samiti, Bharatpur, praying for summoning:—

(1). The F.I.Rs., of cases Nos. 210, 219, 229 and 230 of 1992 registered at Police Station Kumher;

(2) Case diaries of the aforesaid F.I.Rs.

(3) Daily diary registers (Rojnamchas) of Police Station Kumher from 1.06.1992 to 7.06.1992 with special reference to the entries concerning the registration and investigation of all the F.I.Rs. as also the arrival and departure of the Police Officers in connection with the investigation and law & order situation;

(4) Various wireless messages sent and received regarding the above incidents from Kumher to Bharatpur, Jaipur etc. and vice versa;

(5) Various reports prepared by (i) Crime Branch (CID), Jaipur, and (ii) Special Branch (CID), Jaipur, on the basis of visits of their officials and informations collected by them;

(6) Various reports submitted by the District Intelligence Bureau, Bharatpur;

(7) Various reports submitted by the Intelligence Bureau (Ministry of Home Affairs) regarding the incidents;

(8) Various reports and findings of the C.B.I, relating to the incidents;

(9) Various reports of Zone Office Bharatpur (Special Branch) submitted to the Police Headquarters (Special Branch);

(10) Various reports prep

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