B.C.Mttra, J. - (1.) This appeal is directed against a judgment and order dated June 22, 1970, by which the appellant's application for a Rule Nisi for appropriate Writs and orders against certain notifications, appointing a Commission of Inquiry to enquire into certain matters, was dismissed. Although no Rule was issued, notice was directed to be served on the second and third respondents, who appeared at the hearing of the application and contested the s;tme. The appellant claims to be a member of the Communist Party of India (Marxist) and as such contested a by-election from Raina, District Burdwan and was elected a Member of the Legislative Assembly in 1969.
(2.) On March 16, 1970, Shri Ajoy Kumar Mukherjee, who was the Chief Minister of the then United Front Ministry resigned. This resignation was followed by a Hartal, called by the appellant's party. The call for Hartal was opposed by a number of political parties who constituted the then United Front. This call for Hartal, and the opposition to the same, provoked a number of violent incidents at Burdwan near the house of some persons known as Sains. These incidents resulted in the death of three persons including two members of the Sain family. In consequence of the Violent incidents the Governor visited Burdwan on March 30, 1970.
(3.) The Governor's visit to Burdwan was followed by an order dated April 28, 1970, under Section 3 of the Commissions of Inquiry Act, 1952. By this order, the first respondent was directed to hold an inquiry in accordance with the terms and conditions of the order which ran as follows:-- "Whereas the Governor is of opinion that it is necessary that an enquiry should be made into the following definite matter of public importance, namely, the disturbances which occurred in and around the house of the Sains at Burdwan, on the 17th March 1970 resulting in the death of three persons and injury to several others, and destruction of property; and whereas no Commission of Enquiry has been appointed by the Central Government to enquire into the aforesaid matter; now, therefore, in exercise of the power conferred by Section 3 of the Commissions of Enquiry Act, 1952 (Act 60 of 1952), the Governor is pleased hereby to appoint a Commission of Enquiry consisting of Shri Tarapada Mukhujee, retired Judge of the Calcutta High Court, to enquire into the aforesaid matter with reference to the following points, namely:-- (1) What were the causes which led to the incident at Burdwan on the 17th March, 1970 resulting in the death of three persons and injury to several others; (2) were the police and other local officials negligent in the discharge of their duty to prevent the occurrence and to protect the lives, person and property of the persons killed and injured; (3) if the answer to the question No. 2 is in the affirmative, what were the causes of this negligence and dereliction of duty; (4) any other matter relevant to or incidental to the above question which the Commission may deem fit and proper to investigate; and to submit to the State Government a report embodying its findings, and its recommendations thereon within three months from the date of publications of this notification in the Calcutta Gazette. The Commission of Inquiry, from time to time may appoint one or more assessors to assist and advice it on any matter connected with the aforesaid enquiry.";