LAW

Patna High Court On Commission of Inquiry

Lal Krishna Advani (L.K. Advani) and others, Petitioners v. State of Bihar and others, Respondents

N. PANDEY AND RAVI NANDAN SAHAY, JJ.

Constitution of India, Articles 226, 227 - Powers of High Court - Commission of inquiry appointed under Commissions of Inquiries Act - Is only a fact-finding body - Report of Commission not binding on Government - Correctness or otherwise of such report is thus beyond scope of Articles 226, 227.

High Court can issue writ of mandamus forbearing Government from taking action against person concerned, on basis of findings in report - Expunction of irrelevant remarks from report of Tribunal or judgement of Court - Does not amount to alteration or amendment of report or judgement though it affects judgement or report to some extent - High Court, however, has to exercise such power of expunction for securing ends of justice.

Commissions of Inquiry Act (60 of 1952), Section 8-B - Conduct or reputation of person - Is part of fundamental right as guaranteed under Article 21 - Conduct sought to be enquired into or reputation likely to be prejudicially affected by report of Commission - Commission bound to give reasonable opportunity of hearing to such person and should also give option to produce evidence, cross-examine witnesses and furnish explanations in defence? Materials forming basis for opinion of Commission must also be furnished to him.

Recourse to procedure under Section 8-B has to be taken i.e. notice should be given to person prejudicially affected - Fact whether Government has or has not yet taken action on basis of finding - Immaterial.

Orissa High Court On Right to Health Care

Mahendra Pratap Singh, Petitioner v. State of Orissa and others, Respondents.

S. CHATTERJI, Actg. C.J. AND DIPAK MISRA, J.

Constitution of India, Article 226 – Primary Health Centre - Establishment of – Prescribed conditions - substantial compliance by Gram Panchayat - Reasons given by authorities for not starting Health Centre found to be not genuine or sanguine - High Court directed authorities to carry out details as to compliance with formalities with pragmatic objectivity and mutual cooperation.                                                                                   

 (Source: AIR 1997 Orissa 37)