Amiya Kumar Mookerji, J. - (1.) This Rule is directed against Order No. 6 dated 21st of April, 1978 passed by Sri J. Sarma Sarkar, a member of a Commission of Inquiry constituted under Section 3 of the Commissions of Inquiry Act, 1952.
(2.) The petitioner Nos. 1 and 2 are the Director and the Deputy Director of Cholera Research Centre which is one of the Centres under the Indian Council of Medical Research, New Delhi. The third petitioner is the Director General of the said Council and the fourth petitioner is the Health Secretary to the Government of India, Ministry of Health and Ex-Officio Vice-President of the Council- The Government of West Bengal issued a notification dated 12th of August, 1977, appointing a Commission of Inquiry, consisting of Sri J. Sarma Sarkar, a retired Judge of the Calcutta High Court. The relevant provisions of the said notification are set out hereinbelow:- "Whereas there is a widespread demand from different sections of public for an inquiry into allegations of persistent misuse of authority to power during the period from the 20th March, 1970 to the 31st May 1975 whereby the citizens in this State were deprived of their democratic rights ; And whereas the Governor is of opinion that it is necessary to appoint a Commission of Inquiry for the purpose of making inquiry into definite matters of public importance, that is, matters relating to such persistent misuse of authority of power during the period from the 20th March 1970 to the 31st May, 1975 as hereinafter specified : And whereas no Commission of Inquiry has been appointed by the Central Government to inquire into the said matters ; Now, therefore, in exercise of the power conferred by Section 3 of the Commissions of Inquiry Act, 1952 (60 of 1952) the Governor is pleased hereby to appoint a Commission of Inquiry consisting of Shri J. Sarma Sarkar retired Judge of Calcutta High Court.
(3.) The terms of reference of the Commission of Inquiry shall be as follows:- (a) to inquire and to find out (i) what, if any misuse of power by public servants took place during the aforesaid period whereby the democratic rights of the citizens including liberty of person, freedom of speech and expression, the right to assemble peacefully, to form associations or Unions were curbed or nullified ; (ii) to what, if any such curb of democratic rights of citizens took place with the encouragement of or was aided or abetted by any person or persons having official authority or by any other institution or organisations, (iii) for what purposes and in whose interest and under whose directions of any such curb of democratic rights of citizens took place ; (b) to consider such other matters which in the opinion of the Commission of Inquiry have any relevance to the aforesaid allegations, and (c) to suggest steps and measures so that violation of such democratic rights cannot recur in future.;