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According to the respondents, the Commission was to make enquiry and submit the enquiry report. It has not been given any jurisdiction to recommend the reinvestigation or further investigation and also to choose the agency to investigate or not to investigate. It is for the Government to decide about the same.

A Constitutional Bench of the Supreme Court in the case of "Dr. Subramanian Swamy Vs. Arun Shourie" 2014(12) SCC 344 has categorically held that the Commission constituted under the 1952 Act is a fact finding body to enable the appropriate Government to decide as to the 23 of 24 course of action to be followed and such Commission is not required to adjudicate upon the rights of the parties and has no adjudicatory functions. It has further held that the Government is not bound to accept its recommendations or act upon its findings.