Sarkar, C. J. - (1.) This is an appeal by the State of Jammu and Kashmir, G. M. Sadiq, Chief Minister of that State and D. P. Dhar, its Home Minister. The appeal is contested by respondent No. 1, Bakshi Ghulam Mohammad. The other respondent N. Rajagopala Ayyangar, a retired Judge of this Court, has not appeared in this Court or in the Court below. These are the parties to the proceedings before us.
(2.) After the accession of the State of Jammu and Kashmir to India in 1947, a responsible Government was set up there under the Prime Ministership of Sheik Mohammad Abdulla. Bakshi Ghulam Mohammad was the Deputy Prime Minister in that Government and G. M Sadiq was also in the Cabinet. In 1953, Sheik Mohammad Abdullah was dismissed from office and a new Government was formed with Bakshi Ghulam Mohammad as the Prime Minister and G. M. Sadiq and D. P. Dhar were included in the Cabinet. On January 26. 1957, a new Constitution was framed for Jammu and Kashmir. In the first elections held under the Constitution, a party called the National Conference got the majority of votes. Bakshi Ghulam Mohammad and Sadiq were members of this party. A Ministry was then formed with Bakshi Ghulam Mohammad as the Prime Minister. It appears that G. M. Sadiq left the party sometime after 1957 and rejoined it along with D. P. Dhar in December 1960 and they were taken into the Cabinet. The next General Elections were held in 1962. Again, the National Conference Party came into power. In the Government that was formed, Bakshi Ghulam Mohammad became the Prime Minister and G. M. Sadiq and D. P. Dhar were taken in the Ministry. In September 1963, Bakshi Ghulam Mohammad resigned from the Ministry under what is called the Kamraj Plan and Shamsuddin became the Prime Minister in his place. It will be noticed that Bakshi Ghulam Mohammad was the Deputy Prime Minister of the State from 1947 to 1953 and its Prime Minister from 1953 to 1963. So he held these offices, one after the other for a total period of about sixteen years.
(3.) In February 1964, Shamsuddin left office and a new Government was formed with G. M. Sadiq as the Prime Minister. It is said that shortly thereafter, political rivalry between him and Bakshi Ghulam Mohammad started. In August 1964, a notice was issued fixing a session of the Legislature of the State in the following September. According to Bakshi Ghulam Mohammad thereafter, some of the legislators wanted to brink in vote of no-confidence against G. M. Sadiq's Ministry and by September 21, 1964 the no-confidence motion had obtained the support of the majority of members of the Assembly. On September 22, 1964, at 5 o'clock in the morning, Bakshi Ghulam Mohammad and some of his supporters were arrested under the Defence of India Rules. At 8.30 a.m. on the same day, the notice of the motion of no-confidence with the signatures of some members was handed over to the Secretary of the Legislative Assembly. G. M. Sadiq challenges the genuineness of the signatures on the notice of the motion and also denies that it had the support of a majority of the Assembly. At 9 a.m. the Legislative Assembly which was to meet on that day, was prorogued by the Speaker under the directions of the Sadar-i-Riyasat the constitutional head of the State. Sometime in November 1964, a petition for a writ of habeas corpus for the release of Bakshi Ghulam Mohammad was presented to the High Court of Jammu and Kashmir. On December 15, 1964, before the petition could be heard and decided, Bakshi Ghulam Mohammad was released from arrest by the State Government. On January 30, 1965, a Notification was issued by the State Government appointing a Commission of Inquiry constituted by N. Rajagopala Ayyangar to enquire into (1) the nature and extent of the assets and pecuniary resources of Bakshi Ghulam Mohammad and the members of his family and other relatives mentioned in the first Schedule to the Order, in October 1947 and in October 1963, and (ii) whether during this period, Bakshi Ghulam Mohammad and the others mentioned in the Schedule had obtained any assets and pecuniary resources or advantages by Bakshi Ghulam Mohammad abusing the official positions held by him or by the aforesaid people set out in the first Schedule by exploiting that position with his knowledge, consent and connivance. The Notification provided that in making the inquiry under head (ii) the Commission would examine only the allegations set out in the second Schedule to it. It is this notification that has given rise to the present proceedings.;