Section 4 in The Jammu And Kashmir Commission Of Inquiry Act, 1962
4. Powers of Commission
(1)The Commission shall have the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, Svt. 1977, in respect of the following matters, namely:-(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of any document;(c)receiving evidence on affidavits;(d)requisitioning any public record or copy thereof from any Court or Office;(e)issuing commission for the examination of witnesses or documents;(f)any other matter which may be prescribed.Explanation.—For the purpose of enforcing the attendance of any person, the local limits of the jurisdiction of the Commission shall be throughout the State.(2)For the removal of doubts, it is hereby declared that notwithstanding any Judgment, Order or direction of any Court, Tribunal or Commission to the contrary, nothing in this Act, shall empower or be deemed ever to have empowered the Commission to-(a)compel or permit any person to give evidence derived from unpublished official records relating to any affairs of the State, except with the permission of the officer at the Head of the Department;(b)compel any public officer to disclose any information or communication made to him in official confidence, if he considers that the public interests are likely to suffer by the disclosure; and(c)compel or permit the discovery and production of any document relating to the affairs of the State or any communication written in official confidence, if the officer at the Head of the Department concerned considers that public interests are likely to suffer by such discovery, production or disclosure of the document.
