Telangana HC | In absence of concrete evidence and facts, is appointment of Judicial Commission justified by HC? Court discusses

Telangana High Court: A Division Bench of Raghvendra Singh Chauhan, CJ and B. Vijaysen Reddy, J., while addressing the Public Interest Litigation filed on the basis of a news report observed in regard to “Judicial Commission” that,

“In absence of any concrete evidence and facts, appointing Judicial Commission would be a futile exercise”

The present Public interest Litigation was filed based on a news item published in “The Hindu” newspaper on 10-05-2020 entitled “Police, not Judges, award punishment”.

Baglekar Akash Kumar wrote a letter to the Chief Justice in view of the incident reported in the above-stated news item. In the said news item 5 accused persons were alleged to have committed the offence under Section 319 of Penal Code, 1860.

The said accused persons were allegedly made to move barricades under the scorching summer sun by the police.

The above-stated act amounts to the torture inflicted by the police and hence necessary action was sought by the petitioner against the police personnel.

Further, the petitioner’s counsel submitted that since the identity of the accused persons was changed by the reporter of “The Hindu”, it remains unknown. Hence, to enquire into the veracity of news, a Judicial Commission should be appointed.

Petitioner’s counsel also relied on a Supreme Court’s decision in Sheela barse v. State of Maharashtra, (1983) 2 SCC 96.

Decision

Since the reporter himself is not in a position to reveal the identity of the accused persons, it is very difficult to find out the actual identity of the alleged accused persons, who ere allegedly forced to move barricades in hot summer days.

To appoint Judicial Commission would be a futile exercise in absence of concrete evidence and facts

Court in regard to Judicial Commission stated that,

Judicial Commission cannot be asked to go on a wild goose chase. The appointment of the Judicial Commission is a serious step. It cannot be taken lightly.

In the present matter, all the witnesses have clearly stated that they had helped the police voluntarily which gives the Court no reason to disbelieve their statements.

In view of the above circumstances, the bench is not inclined to appoint a Judicial Commission to examine the alleged incident.

In view of the above writ petition was disposed of. [Baglekar Akash Kumar v. State of Telangana, 2020 SCC OnLine TS 1005, decided on 04-09-2020]

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