Dr. Baliram Waman Hiray vs Justice B. Lentin And Others on 12 September, 1988
The judgment in the case of M. K Rajwade (supra) was referred to with
approval by this Court in Dr. Baliram Waman Hiray v. Justice B. Lentin and
others, [1988] 4 SCC 419. The question in that case was whether the
Commission of Inquiry constituted under Section 3(1) of the Commissions of
Inquiry Act, 1952 was a court for the purpose of Section 195 (l)(b)
Criminal Procedure Code, 1973, It was contended before the Court that sub-
Section (4) of Section 5 of the Commission of Inquiry Act created a legal
fiction by which the Commission of Inquiry was deemed to be a Civil Court
for all purposes. It was held that the words "for all purposes" are not
there in the first part of sub-section (4) and the Court cannot, in the
guise of interpreting the provision, supply any casus omissus. The Court
went on to say that the purpose of creating the fiction was reflected in
the second part of sub-clause 4, viz., for the purpose of proceedings under
Section 482 of the Old Code and Section 346 of the new Code of Criminal
Procedure.