HANSARIA,C. J.

( 1 ) THE mighty says to the meek that you cannot command me to act; I shall act if I like, I shall not act if I choose not to act. The meek says that I possess the strength of law to give you the command; the law, which is no respecter of person and which does not allow anybody to rise so high as to be above it. This could be the scenario if what has been submitted by Shri Patnaik, learned Counsel appearing for the State, were to be accepted by us fully.

( 2 ) IN the background of the present case, the point involved may be pithily put, on our going whole hog with Shri Patnaik, as to whether the Presiding Officer of a small munsifi in a small hamlet of Orissa (say, Nowrangpur in the district of Koraput) can call upon the all powerful Prime Minister of India to appoint a Commission of Inquiry, as visualised by Section 3 of the Commissions of inquiry Act, 1952 (for short, "the Act") (hereinafter referred to as the "judicial inquiry"), if the small Munsiff be of the view that any matter relating to Union affair is of such public importance as to warrant the same.

( 3 ) WE have opened the judgement with the aforesaid prefatory remarks as the State prays for recalling