- (1.) We made an order on 7th March, 1984 directing the Superintendent of Police, Raipur to personally file an affidavit dealing with the averments made in the two paragraphs set out in our order and also to inform the Court t hat if what is stated in these paragraphs is true, what steps the Superintendent of Police is taking to bring the guilty to book and also to state in the affidavit as to what steps he has already taken in that behalf. We also directed the Superintendent of Police to immediately provide adequate protection to the workers who are members of Krishak Mazdoor Sangh as also to the Kamiyas on whose behalf they have brought the present writ petition. We also directed the District Magistrate, Raipur to personally investigate into the conduct of Mr. Rawat, Sub-Divisional Magistrate, Maha Samundar and file an affidavit stating what steps he has taken to prevent recurrence of such incidents. We are informed by Mr. Bana, learned counsel appearing on behalf of the State of M.P. that necessary steps have been taken and affidavits to that effect are being filed shortly before the next hearing of the writ petition. We would direct that the affidavits shall be filed on or before 8.4.1984 so that the petitioner may have sufficient time to file an affidavit in rejoinder, if necessary. .. :
(2.) We also by our order dated 7.3.1984 directed Sri Navin Chandra of National Labour Institute who was one of the Commissioners who made the earlier report, to immediately visit the village Pendraven and after holding such inquiry as he considers appropriate, submit a report to this Court in regard to the correctness or otherwise of the 2 incidents set out in the two paragraphs re-produced in our order dated 7.3.1984. We also directed the National Labour Institute to extend all facilities to Mr. Navin Chandra to carry out this inquiry and submit a report to this Court within 3 weeks from the date of that order. It seems that a certified copy of this order was served on 3 Shri H. Pais, Dean of the National Labour Institute on 12.3.1984. Sri Navin Chandra was also served with a copy of this order and in compliance with the directions given by this Court in the order, he decided to proceed to Raipur immediately and purchased an Air ticket for 5.50 P.M. flight on 12.3.1984. But he had to cancel his 3 ticket under last minute oral instructions from Sri H. Pais, Dean of the National Labour Institute. The petitioner has filed an application before the court setting out what, according to him, happened just as Sri Navin Chandra was about to leave the office in the evening to proceed to take the flight on 12.3.1984. It is stated in this application 4( and we are setting out here verbatim what is stated in the application since we want an explanation from Sri H. Pais, Dean of the National Labour Institute in regard to these allegations : "But just as the Commissioner was about to leave the office that evening to proceed to Raipur the said Dean who was also under 41 the order bound to make all arrangements for Mr. Navin Chandra forbade him from going saying : "You write to the Supreme Court that you are not going." "We are not obliged to follow the orders : "What can the the Supreme Court do ? "If you want go to Supreme Court, I can get a job for you there. "Mr. Navin Chandra tried his best to pursuade the Dean that we are bound to obey the order of the Supreme Court and we are obliged morally to do so to which the Dean retorted : "Forget about the morals." If these statements attributed to Sri H. Pais as set out in the application are true, they constitute the grossest defiance of the order of the Supreme Court by Shri H. Pais, Dean of the National Labour Institute and it would deserve the strongest condemnation and severest punishment. But it would not be right for us to make any observation at the present moment without an inquiry or investigation whether these statements were made by Shri H. Pais or not. We should first like to know from Shri H. Pais what he has to say in regard to these allegations. We would therefore direct, Shri H. Pais to file an affidavit in this Court on or before 8th April, 1984 offering his version in regard to these allegations. We would also direct Sri Navin Chandra to file an affidavit setting out what, according to him, actually happened. We hope and trust that both these officers will be bold and courageous enough to tell the truth. Copies of this order shall be sent immediately to Sri H. Pais, Dean of the National Labour Institute, New Delhi as also to Sri Navin Chandra.
(3.) Shri H. Pais has addressed a letter to the Registrar (Judicial) Supreme Court of India, New Delhi, on 21st March, 1984 requesting the Court to spare it and its faculty from investigating into the alleged excesses committed by the magistracy and police of the State of Madhya Pradesh. We do not appreciate the reason why the National Labour Institute, which should be as much concerned as any other institution or department of the Government in identification, release and rehabilitation of bounded labourers, should feel shy of investigating into an incident which is alleged to have arisen on account of an attempt to identify and release bonded labourers. But since Sri H. Pais has expressed a desire that the National Labour Institute should not be involved in such an investigation, we would, in deference to the desire expressed by him, relieve the National Labour Institute and Sri Navin Chandra from the obligation to carry out the direction given in our order dated 7th March 1984 and vacate that part of the order which directed Shri Navin Chandra to go and investigation into the incidents set out in that order. Since an inquiry or investigation has to be made by an independent agency, we would direct that, instead of Sri Navin Chandra Sri Ghanshyam Pardesi, No. 13, Hanuman Road, New Delhi, a legal correspondent, will immediately proceed to Pendravan Village of Raipur District and after holding such inquiry as he consider proper, submit a report to this Court in regard to the correctness or otherwise of the incident & set out in our order dated 7th March, 1984. The rest of the order dated 7th March, 1984 will stand including that part of the order which provides that the cost of such an inquiry or investigation shall be met by the State of M.P. and it shall deposit a sum of Rs. 5000/- in this Court. We are glad to note that the State of M.P. has already 5 deposited this amount in court.;