Permission to cross-examine witnesses can be given only to person whose reputation is likely to be prejudicially affected by enquiry.

K.G. BALAKRISHNAN, C.J.

Petitioner is an advocate who appeared as a witness before the 2nd respondent Commission which is appointed under the Commissions of Inquiry Act, 1952

2. The terms of reference are as follows:-

(1) To inquire into the causes and circumstances that led to the use of force by the police on the processionists of Tirunelveli City on 23-7-1999;

(2) To inquire whether the force used by the police on 23-7-1999 to disperse the processionists was warranted and whether there was any excess on the part of the police, and if so, to identify the erring police personnel and to indicate the action to be taken against them;

(3) To inquire into the causes and circumstances leading to casualties in this incident on 23-7-1999 at Tirunelveli City and the same appears to have fixed the date of hearing on 20-9-1999 also at Tirunelveli, Section 36(1) of Human Rights Act.

It was also specified that the Commission shall not inquire into any matter which is pending before a State Human Rights Commission or any other Commission duly constituted under any law for the time being in force.

3. Petitioner alleges that he was also a participant in the demonstration held on 23-7-1999 at Tirunelveli and he had witnessed the incident and he deposed all these facts before the Commission. According to the petitioner, several police officials and officers of the Government of Tamil Nadu were examined as witnesses before the Commission and that the petitioner filed an application seeking permission to cross-examine those witnesses. Petitioner alleges that under Section 8-C of the Commissions of Inquiry Act, 1952 petitioner has a right to cross-examine the witnesses examined before the Commission. It is argued by the petitioner who appeared in person that as the petitioner was examined as a witness, under Section 8-C of the Act he has a right to cross-examine the officials examined as witnesses before the Commission.

4. Section 8-C of the said Act reads as follows :-

8-C. Right of cross-examination and representation by legal practitioner :-

The appropriate Government, every person referred to in Section 8-B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission-

(a) may cross-examine a witness other than a witness produced by it or him;

(b) may address the Commission; and

(c) may be represented before the Commission by a legal practitioner or, with the permission of the Commission, by any other person.

5. From the above provisions it is clear that the Commission can permit any person to cross-examine the witnesses referred to under Section 8-B or any other person whose evidence is recorded by the Commission.

6. Under Section 8-B it is stated that any stage of the inquiry, the Commission if it considers necessary to inquire into the conduct of any person or is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence.

7. A reading of Section 8-B and 8-C would show that the Commission can permit any person to cross-examine the witnesses, if the reputation of such person is likely to be prejudicially affected by the inquiry. Ofcourse Section 8-C provides that the Commission can also permit any other witnesses to cross-examine. But such permission can normally be given to only such person whose reputation is likely to be prejudicially affected by the inquiry.

8. Petitioner has no case that his reputation is likely to be prejudicially affected by the findings if any to be rendered by the Commission. Under the terms of reference made in the Government Order, the Commission is inquiring into the question whether there was any cause and circumstance that led to the use of force by the police on the processionists of Tirunelveli city on 23-7-1999 and whether the force used by the police on 23-7-1999 to disperse the processionists w