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Showing contexts for: L.K..ADVANI in Smt Huzra Bi vs The Judicial Commission Of Inquiry ... on 13 July, 2017Matching Fragments
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Advani's case (supra), the adverse comments were recorded against Shri L. K. Advani without giving any opportunity of hearing and when the terms of inquiry referred to the Commissions of Inquiry was to enquire into the facts and circumstances leading to communal disturbances in the District of Bhagalpur and adjacent areas on 24.10.1989 and to enquire into whether these disturbances were pre-planned and, if so, the elements responsible for the same. In terms of the said reference certain remarks were recorded by the two members of the Commission which were expunged by the Division Bench of Patna High Court in the case of Lal Krishna Advani (L. K. Advani) and others Vs. State of Bihar and others reported as AIR 1997 Patna 15. The said order was affirmed in a judgment in L. K. Advani's case (supra) referred to above.
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Hon'ble Judge as one man Commission finding that the procedure has not been followed by the Commission properly.
10. Learned Advocate General has also pointed out that the expression used to Section 8B (b) of the Act is that if the Commission is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give that person a reasonable opportunity of being heard in the inquiry. That provision of Section 8B (b) are not applicable to the petitioners as the petitioners are not the persons whose reputation is likely to be affected by the inquiry, as the conduct of the family members is not being examined by the Commission. In fact, the Commission is not even examining the reputation of the deceased under trials but the conduct of escaping from Central Jail. It is reputation of the police and jail officials which is under cloud and not that of the deceased under-trials, which is apparent from the terms of reference. The judgments in the cases of L.K. Advani's case (supra) and Sanjay Gupta's case (supra) pertain to the reputation or conduct of the persons being examined by the Commission of Inquiry.