Brijesh Kumar, J. - (1.) In this appeal, preferred by the State of Bihar, ultimately the question which falls for consideration is the effect of noncompliance of all time tested and ancient principle of natural justice. One cannot be condemned unheard is one of the attributes of the principles of natural justice, which operates even in absence of a written provision under the law. Though in the case in hand there is such a provision which, according to the appellant, was not necessary to be complied with, but the High Court of Patna has held to the contrary. It relates to applicability of Section 8-B of the Commissions of Inquiry Act, 1952 (60 of 1952) (for short the Act).
(2.) In the year 1989 some communal riots took place in Bhagalpur District, State of Bihar, resulting in many deaths and left some others injured. Undoubtedly, it was a matter of concern and the State Government decided to constitute a Commission of Inquiry under Section 3 of the Act, which reads as under : "3. Appointment of Commission.- (1) The appropriate Government, may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by [each House of Parliament or, as the case may be, the Legislature of the State,] by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the Inquiry and perform the functions accordingly : ********** (2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman thereof. ********** (4) The appropriate Government shall cause to be laid before [each House of Parliament or, as the case may be, the Legislature of the State,] the Report if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government."
(3.) The terms of the Reference are as follows : "a) to enquiry into the facts and circumstances leading to communal disturbances in the district of Bhagalpur and adjacent areas on 24th October, 1989 and thereafter; b) to enquire into whether these disturbances were pre-planned and, if so, the elements responsible for the same; c) to enquire whether measures taken by the District Administration to prevent and deal with the said disturbances were timely and adequate, and to fix responsibility for lapses if any, in this regard with the said disturbances were timely and adequate, and to fix responsibilities for lapses if any, in this regard; d) to recommend measures for preventing recurrence of such disturbances; e) to consider such other matter relating to these communal disturbances and make such recommendations as the Commission may think it proper and necessary." ;