- (1.) These two connected writ petitions are directed against the common order dated 28-10-1993 passed by the Kumher Inquiry Commission, Jodhpur (Camp-Bharatpur), directing the petitioners to produce :- (1) the case diaries of case Nos. 220, 222, 223, 226, 227, 228, 229 and 230 of 1992 of the Police Station, Kumher; (2) Rojnamchas containing wireless messages sent by and received at the Police Station, Kumher on 1-6-1992 and 2-6-1992; (3) the report of the Intelligence Branch, Joint report of the Collector and Superintendent of Police, Bharatpur, and inspection thereof may be allowed to the parties; (4) the report of the Additional Superintendent of Police C.I.D. (Spl. Branch), Bharatpur Zone, con taining some material which shall not be in the public interest to be disclosed and this part may not, therefore, be revealed to the parties; (5) the C.I.D. was also directed to produce the case-diaries Nos. 210, 218 and 219 of 1992; (6) the inspection was to be carried out by the parties in the presence of the Secretary or the Dy. Secretary of the Commission. The parties shall not be entitled to copies of any of these documents, certified or uncertified, except the First Information Reports.
(2.) Some incident took place at Kumher between the 1st June and 7th June of 1992 in which about 17 persons lost their lives and a large number of persons were seriously injured. Damages were also caused to the personal properties. Sixteen criminal cases were registered in respect of these incidents under the various provisions of the Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was a sort of caste war between Jats and Jatavs who are the members of the Scheduled Castes.
(3.) Since the case was of a sensitive nature and the incident disturbed the law and order situation, the Rajasthan Government, vide notification No. 32(2) Grah-9/92, dated 7/06/1992, appointed a Commission under the Commissions of Inquiry Act, 1952 (in short, 'the Act'). The Commission in pursuance of Rule 2 of the Rajasthan State Commis sions of Inquiry (Procedure) Rules, 1969 (in short, 'the Rules') issued a notification on 20/08/1992 inviting all the persons acquainted with the subject- matter of the inquiry to make a statement of facts.;