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Even if the Government on its own enquiry is satisfied that the complaint is untrue, it should not baulk an enquiry by the Court, when the complaint is brought by a citizen, by raising preliminary objections of hypertechnical or even frivolous nature. The Supreme Court would be failing discharge of its constitutional duty of enforcing a fundamental right if it refuses to intervene because the Petitioner belonging to the under privileged segment of society or a public spirited citizen espousing his cause is unable to produce the relevant material before the Court. Therefore, the Court has evolved the practice of appointing responsible persons as Commissioners for the purpose of gathering facts and data in regard to a complaint of breach of a fundamental right made on behalf of the weaker sections of the society. The report of the commissioner would furnish prima facie evidence of the facts and data gathered by the Commissioner. Once the report of the Commissioner is received, copies of it would be supplied to the parties so that either party, if it wants to dispute any of the facts or data stated in the report, may do so by filing an affidavit and the court then would consider the report of the Commissioner and the affidavits which may have been filed and proceed to adjudicate upon the issue arising in the Writ Peti tion. It would be entirely for the Court to consider what weight to attach to the facts and data stated in the report of the commissioner and to what extent to act upon such facts and data. But it would not be correct to say that the report of the Commissioner has no evidentiary value at all, since the Statements made in it are not tested by crossexamination. Order XLVI of the Supreme Court Rules, 1966 makes the provisions of Order XXVI of the Code of Civil Procedure, except Rules 13, 14, 19, 20, 21 and 22 applicable to the Supreme Court and lays down the procedure for an application for issue of a commission, but Order XXVI is not exhaustive. In view of Rule 6 of Order XLVII of the Supreme Court Rules, Order XLVI of the Rules cannot detract from the inherent power of the Supreme Court to appoint a commission, if the appointment of such commission is found necessary for the purpose of securing enforcement of a fundamental right in exercise of its constitutional jurisdiction under Article 32. The reports of the Commissioners are clearly documents having evidentiary value and they furnish prima facie evidence of the facts and data stated in those reports.