KIRAN BEDI & ORS. versus COMMITIEE OF INQUIRY & ANR.

KIRAN BEDI & ORS. versus COMMITIEE OF INQUIRY & ANR.

The Committee's order directing the petitioners to be cross-examined at the beginning of the inquiry was discriminatory, as similarly placed persons under Section 8B were to be examined at the end. The Committee erred in not treating the petitioners under Section 8B and in filing criminal complaints against them under Section 178 IPC; such orders and proceedings are to be quashed.

Parties
Petitioner: Kiran Bedi; Respondent: Committee of Inquiry
Jurisdiction
India
Judgment Date
18 August 1988
Procedural Posture
Writ Petition / Special Leave Petition (original / Civil Appellate Jurisdiction) / Order With Detailed Reasons to Follow
Outcome
Orders and criminal proceedings against petitioners quashed.
Legal Topics
Commissions of Inquiry, Right of Cross Examination, Discrimination, Quashing of Criminal Proceedings
Administrative Law Criminal Law Constitutional Law Commissions of Inquiry Right of Cross Examination Discrimination Quashing of Criminal Proceedings

Case Brief

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Parties

Kiran Bedi

Petitioner

Committee of Inquiry

Respondent

Procedural Posture

Writ Petition / Special Leave Petition (original / Civil Appellate Jurisdiction) / Order With Detailed Reasons to Follow

Legal Issues

  1. 1 Whether the Committee of Inquiry acted discriminatorily by directing some similarly placed persons to be cross-examined at the beginning and others at the end of the inquiry.
  2. 2 Whether persons coming under Section 8B of the Commissions of Inquiry Act, 1952 have to be examined at the end of the inquiry and can only be cross-examined after main examination.
  3. 3 Whether filing of criminal complaints under Section 178 IPC against the petitioners was proper.

Ratio Decidendi

The Committee's order directing the petitioners to be cross-examined at the beginning of the inquiry was discriminatory, as similarly placed persons under Section 8B were to be examined at the end. The Committee erred in not treating the petitioners under Section 8B and in filing criminal complaints against them under Section 178 IPC; such orders and proceedings are to be quashed.

Court Disposition

Orders and criminal proceedings against petitioners quashed.

Orders

  • Orders of Committee directing filing of complaints and criminal proceedings against petitioners are quashed.
  • Judgment containing reasons will follow.