LAWS(MPH)-2017-7-19

SMT HUZRA BI Vs. STATE OF MADHYA PRADESH

Decided On July 13, 2017
Smt Huzra Bi Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The petitioner, mother of Mohd Salik, killed in a police encounter on 31.10.2016, has filed the present writ petition to set aside the order dated 22.4.2017 passed by the Commissioner of Inquiry, Bhopal to direct Commission to supply all documents and also to permit the petitioner to cross-examine the witnesses and any other writ or direction as may be necessary.

(2.) The brief facts leading to the present petition are that by notification dated 7.11.2016, the State of Madhya Pradesh constituted a one man Inquiry Commission under the Commissions of Inquiry Act, 1952 (hereinafter referred to as "the Act" for short). The terms of reference of Inquiry Commissions (hereinafter referred to as "the Commission" for short) read as under:-

(3.) The background of the notification is that on the intervening night of 30th and 31st October, 2016 eight under trials absconded from jail and were later killed in an encounter on 31.10.2016 near village Manikhedi, Police Station: Gunga, District: Bhopal. The Commission was appointed to examine the circumstances and incidence under which eight under trial prisoners escaped from Central Jail and to find out the officers and employees responsible for such incidence.