- (1.) Writ Petition (C) No. 92 of 1996 and part of the prayer in Writ Petition (C) No. 91 concern the legality of the decision of the Government of Maharashtra in winding up the Srikrishna Commission,
(2.) The direction sought for is to the State government of Maharashtra to reconstitute the Commission and to complete the inquiry from the stage at which it was wound up and also for the preservation of the material evidence and the record placed before the Srikrishna Commission. In view of the undisputed position that the High court of Bombay was already seized of the matter, it would be appropriate that the High court would deal with the matter according to law. Under those circumstances, it would not be desirable for this court to entertain the writ petitions under Article 32 in that behalf.
(3.) Yet another part of the relief sought for in Writ Petition No. 91 of 1996 is for directions to the various governments for payment of compensation to the unspecified number of victims of the aftermath of the Ayodhya incident who had suffered injuries or death in some cases. The number has been mentioned in the writ petition. It is also sought to rely upon paper reports on the basis of which the petitioner has arrived at the number and the White Paper statement said to have been made by the government of India in which promise to issue direction to the State governments for payment of compensation to the victims was made and their alleged dereliction of duty said to have been faulted by the State government. No foundation is laid in the pleadings nor any finding in support thereof by any commission identifying the victims and the tortuous vicarious liability of the State. nor even evidence placed on record in that behalf. Paper reports are opinions of the author which is not evidence. In the nature of things, unless there is acceptable evidence placed before the court, it would be difficult for g this court to cause investigation done in the case. Under these circumstances, we are constrained to decline exercise of the power under Article 32 of the Constitution.;