T. Vaiphei, J. - (1.) The petitioner (the State of Meghalaya) is aggrieved by the order dated 6.1.2011 passed by Justice Rajkhowa Commission of Inquiry deferring the examination of public witnesses in the midway and directing the examination of the witnesses of State police in the interregnum. The facts of the case material for the purpose of deciding the controversy are that the Govt of Meghalaya by the notification dated 20.8.2009 had appointed a Commission of Inquiry headed by Justice Rajkhowa under section 3 of the Commission of Inquiry Act, 1952 to inquire into the escape of 7 under-trial prisoners from Shillong District Jail on 31.5.2009 and other connected incidents: the first Chairman of the Commission of Inquiry had relinquished his office on 20.4.2010. By the time Justice Rajkhowa took over the Chairmanship of the Commission, apart from filing their respective statements of facts, both the parties had already filed the list of the documents being exhibited by them and also the list of witnesses to be examined by each of them. In fact, some of the witnesses had already been examined. So, by this time Justice Rajkhowa took over his assignment, 16 out of 19 witnesses of the respondent No.2 have already been examined, cross examined and discharged. Three of the public witnesses, namely, (1) Shri Kulbir Kishan, DG, Prison, (2) Shri Wanshailang Jana, Shillong District Jail and (3) Shri Khrawboklang Mawnai, Shillong District Jail are yet to be examined. In the meantime, the respondent No.2 filed an interlocutory application for directing Aircel, Airtel, BSNL, Reliance and Vodafone to submit IMEFs and SIM Nos and call details as given in the said application. Yet another application was filed by the respondent No.2 for production of the file relating to the transfer orders of Shri Anil Pradhan, DGP and Shri Kulbir Kishan, DG, Prisons and for exhumation of the dead body of the deceased under-trial prisoner, namely Fullmoon Dhar. On 6.1.2010, another application was again filed by the respondent No.2 for directing the police to produce (a) the seized SIM cards and call details of the seized, SIM cards, (b) the clothes of the deceased, (c) produce the bullets and FSL reports of the bullets extracted from the deceased Fullmoon Dhar, (d) the original arms and ammunitions register and issue reminders to Reliance, BSNL, MTNL, Aircel and Vodafone Companies to immediately send the call details along with subscribers' names, etc. Those prayers were allowed by the Commission by issuing appropriate directions. While allowing those prayers, the Commission made the following observations: "The progress of this Commission has been bogged down because of necessity of passing so many interlocutory orders. It has consumed much time and the end of the Commission is far from our sight. So I suggested to both sides that it would be better if we stop examining more witnesses on the part of the petitioner for sometime and to take up examination of the witnesses for the respondent (Govt). Smti Agnes Kharshling has submitted that she has no objection if such direction is made to the respondent. However, the learned counsel for the respondent has expressed his reservation. Anyway, I hold the view that in order to fully utilise the Commission's time it would be just and proper to take up examination of witnesses of the respondent as such examination will not in anyway, in my opinion, prejudice the respondent. Accordingly, on the next date the Commission will undertake the process of examining the witnesses of the respondent."
(2.) Though a number of contentions has been raised by Mr. H.S. Thangkhiew, the learned senior counsel for the petitioner in die course of hearing, it is not necessary to deal with those contentions as both the counsel and the respondent No.2 have no objection to the disposal of the writ petition at this stage in accordance with the suggestions made by this Court, It may be noticed from the observations of the Commission that it has become helpless and has been unable to conclude the inquiry as it was required to pass numerous interlocutory orders. It is also seen that the non-production by the police of the following materials, namely, the seized SIM cards and call details in respect of the seized SIM cards, the clothes of the deceased Fullmoon Dhar, the bullets and FSL report of the bullets extracted from the deceased (L) Fullmoon Dhar during the first post-mortem and the second post-mortem examinations and the original arms and ammunitions registers, which are admittedly in their possession, is, and should be, a cause of concern for the Commission and is perhaps instrumental in delaying the smooth and speedy conclusion of the inquiry. That apart, there is also a delay in submission by the Deputy Commission, Jowai of the post-mortem report and the DVD in respect of the entire proceedings of the post-mortem examination of the deceased Fullmoon Dhar before the Commission. Apparently, frustrated by the non-production of those documents/materials, which are considered by the respondent No.2 to be necessary for examination of their witnesses (public witnesses), the Commission decided to postpone further examination of the public witnesses for the time being and require the petitioner to examine their witnesses in the interregnum. Recourse to this procedure was adopted by the Commission to fully utilise its time. Be that as it may, as already indicated, I do not propose to decide the controversy raised by the rival parties in view of the concession given by them and the ends of justice will be met if the following directions are issued: (a) The petitioner-Meghalaya Police shall produce before the Commission (respondent 1). (i) the seized SIM Cards and the call details of the seized SIM cards, (ii) the clothes of the deceased Fullmoon Dhar, (iii) the bullets and FSL report of the bullets extracted from the deceased Fullmoon Dhar during the first post-mortem and Second post-mortem examinations and (iv) the original arms and ammunitions register within ten days of the receipt of this order; (b) The Deputy Commissioner, Jaintia Hills District, Jowai shall submit the post-mortem examination report of the deceased Fullmoon Dhar together with the video recording of die post-mortem examination before the Commission within ten days of the receipt of this order; (c) The Secretary of the Commission shall procure the call details along with subscribers' names and identity of the numbers in terms of the order of the Commission dated 14.11.2009 from Reliance, BSNL, MTNL, Aircel and Vodafone companies within ten days by employing all the means and powers available to him; (d) After procuring those materials/documents, the Commission shall complete examination of the public witnesses without further delay; (e) Till then, the Commission shall defer examination of the witnesses of the petitioner; (f) The aforesaid directions shall not be construed as curtailing the powers of the Commission to regulate its own procedure for examination of witnesses or for examination of additional witnesses if the facts and circumstances of the case so warrant.
(3.) The writ petition is accordingly disposed of with the aforesaid directions but by directing the parties to bear their respective costs. Before parting, I cannot but express my anguish over tire manner in which the proceedings of the Commission has been stalled from time to time, for which the petitioner cannot entirely escape the blame. More than two years have passed since the initial constitution of the Commission, yet the end of the inquiry is not yet in sight as proceedings of the Commission are progressing at a snail's pace. Let an impression be not created in the minds of the public that the petitioner is not really interested in speedy conclusion of the inquiry. Similarly, the respondent No.2 should refrain from filing interlocutory application one after another. Both the parties must co-operate with the Commission for enabling it to find out the truth about the escape of the under-trial prisoners including the death of the late Fullmoon Dhar without further delay.;