FAZALUR REHMAN Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1999-9-167
SUPREME COURT OF INDIA
Decided on September 16,1999

FAZALUR REHMAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Our order dated 14th October, 1998 shall be treated as a part of this order.
(2.) Mr. N. Ravi Shankar, Secretary, Home Department, Government of Uttar Pradesh has filed an affidavit dated 8th of December, 1998 in this Court on 11th of December, 1998. Along with the affidavit, he has also filed summary of the Justice C. D. Parekh Commission Report. From the affidavit of Mr. Ravi Shankar it transpires that the Parekh Commission Report, which was submitted as early as in 1988, relating to the riots which took place in Meerut in September, 1982 was considered by State Cabinet and the following decisions were taken by it. i) Report of the Commission be tabled on the floor of the House in accordance with the provisions of Section 3 (4) of the Commissions of Inquiry Act, 1952. ii) Report relating to the incident of 20-9-1982 was received by the State Government in November, 1988. Since then up till now no former Government considered it proper to take any decision. The Commission did not find any particular person responsible and in spite of expressing the opinion that the Local Administration did not apply proper discretion to control the riots on several places it did not recommend to punish any particular official. In order to maintain the religious and political harmony established by the present Government in Meerut City and also to avert any flare-up in any particular class of community and action on the report of the Commission has not been found expedient in public interest. iii) The Report of the Commission is disapproved and it be consigned to records."
(3.) It appears that the State Cabinet with a view to 'maintain religious and political harmony in Meerut City and to avert any flare-up in any particular class or community' has decided not to take any further action on the basis of the Parekh Commission Report, which itself did not identify any particular person as responsible for the riots nor fixed responsibility for dereliction of duty on any official. State Government having considered the report and taken a decision, this writ petition does not require any further consideration and we direct that it be consigned to records.;


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