SCI- T.T.Antony vs State Of Kerala & Ors - Courts civil or criminal are not bound by the report or findings of the Commission of Inquiry

Supreme Court of India T.T.Antony vs State Of Kerala & Ors on 12 July, 2001 Author: S S Quadri Bench: S.S.M.Quadri, S.N.Phukan CASE NO.: Appeal (crl.) 689 of 2001 Special Leave Petition (crl.) 1522 of 2000 PETITIONER: T.T.ANTONY Vs. RESPONDENT: STATE OF KERALA & ORS. DATE OF JUDGMENT: 12/07/2001 BENCH: S.S.M.Quadri, S.N.Phukan JUDGMENT: J U D G M E N T SYED SHAH MOHAMMED QUADRI, J.

Regarding point No.3, the principles as to the position of Commission of Inquiry appointed under the Commissions of Inquiry Act, the report and finding recorded by the Commission are too well- settled to admit of any elaborate discussion except to reiterate them here. As long back as in 1904, the Privy Council in Re: Maharaja Madhava Singh [31 Indian Appeals 239 (PC)] laid down, "....it is sufficient to say that the Commission in question was one appointed by the Viceroy himself for the information of his own mind, in order that he should not act in his political and sovereign character otherwise than in accordance with the dictates of justice and equity, and was not in any sense a Court.....". A Division Bench of the Nagpur High Court in M.V.Rajwade, I.A.S., District Magistrate vs. Dr.S.M.Hassan & Ors. [AIR 1954 Nagpur 71] following the said judgment of the Privy Council, held that the Commission was a fact finding body meant only to instruct the mind of the Government without producing any document of a judicial nature and that findings of the Commission of Inquiry were not definitive like a judgment. It was also pointed out that there was no accuser, no accused and no specific charges for trial; nor was the Government, under the law, required to pronounce, one way or the other, on the findings of the Commission. That judgment was approved by various judgments of this Court. In Shri Ram Krishna Dalmia vs. Shri Justice S.R.Tendolkar & Ors. [1959 SCR 279], a Constitution Bench of this Court while considering the constitutional validity of the Commissions of Inquiry Act, indicated that the Commission is merely to investigate, record its findings and make its recommendations which are not enforceable proprio vigore and that the inquiry or report cannot be looked upon as judicial inquiry in the sense of its being an exercise of judicial function properly so called. The recommendations of the Commission of Inquiry are of great importance to the Government in order to enable it to make up its mind as to what legislative or administrative measures should be adopted to eradicate the evil found or to implement the beneficial objects it has in view. It would be appropriate to notice the following observations of the Constitution Bench : "But seeing that the Commission of Inquiry has no judicial powers and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the Commission of Inquiry is, under section 6 of the Act, wholly inadmissible in evidence in any future proceedings, civil or criminal, there can be no point in the Commission of Inquiry making recommendations for taking any action "as and by way of securing redress or punishment" which, in agreement with the High Court, we think, refers, in the context, to wrongs already done or committed, for redress or punishment for such wrongs, if any, has to be imposed by a court of law T.T.Antony vs State Of Kerala & Ors on 12 July, 2001 Indian Kanoon - http://indiankanoon.org/doc/1974324/ 14 properly constituted exercising its own discretion on the `facts and circumstances of the case and without being in any way influenced by the view of any person or body, howsoever august or high powered it may be." In State of Karnataka vs. Union of India Anr. [1977 (4) SCC 608], the observations referred to above were approved by a seven- Judge Bench of this Court. In Sham Kant vs. State of Maharashtra [1992 Suppl.(2) SCC 521], it was held that the findings of the Inquiry Commission would not be binding on the Supreme Court. There, the question was whether an undertrial died due to injuries sustained by him in police custody. The report of the Commission of Inquiry mentioned that the injuries possibly might have been sustained by him even prior to his arrest. In the appeal arising out of conviction and sentence of the concerned police officer, this Court, on material before it, found that the victim died on account of ill treatment meted out by the police and held that the findings of the Commission would not bind this Court. It is thus seen that the report and findings of the Commission of Inquiry are meant for information of the Government. Acceptance of the report of the Commission by the Government would only suggest that being bound by the Rule of law and having duty to act fairly, it has endorsed to act upon it. The duty of the police - investigating agency of the State - is to act in accordance with the law of the land. This is best described by the learned law Lord - Lord Denning - in R. v. Metropolitan Police Commissioner [1968 (1) All E.L.R. 763 at p.769] observed as follows : "I hold it to be the duty of the Commissioner of Police, as it is of every chief constable, to enforce the law of the land. He must take steps so to post his men that crimes may be detected; and that honest citizens may go about their affairs in peace. He must decide whether or no suspected persons are to be prosecuted; and, if need be, bring the prosecution or see that it is brought; but in all these things he is not the servant of anyone, save of the law itself." Acting thus the investigating agency may with advantage make use of the report of the Commission in its onerous task of investigation bearing in mind that it does not preclude the investigating agency from forming a different opinion under Section 169/170 of Cr.P.C. if the evidence obtained by it supports such a conclusion. In our view, the Courts civil or criminal are not bound by the report or findings of the Commission of Inquiry as they have to arrive at their own decision on the evidence placed before them in accordance with law.