Holding

The Committee’s order to compel the petitioners to appear for cross‑examination at the inception of the inquiry and to file complaints under Section 178 IPC was illegal, as the petitioners were persons covered by Section 8‑B and were entitled to be examined at the end of the inquiry, making the Committee’s actions discriminatory and violative of Articles 14 and 21.

Summary

The Supreme Court examined a petition by Kiran Bedi and Jinder Singh challenging orders of a Committee of Inquiry that compelled them to appear for cross‑examination at the outset of the inquiry and led to complaints against them under Section 178 of the IPC. The Committee had treated them differently from three other police officers who were to be examined at the end of the inquiry under Section 8‑B of the Commissions of Inquiry Act, 1952. The Court held that the petitioners fell within the ambit of Section 8‑B because the Committee’s interim report expressly declared that their conduct would be examined, and therefore they were entitled to the procedural safeguards of that provision, including being examined at the end of the inquiry. Compelling them to take oath and cross‑examine at the beginning was discriminatory and violated Articles 14 and 21 of the Constitution. Consequently, the Court quashed the Committee’s orders directing the filing of complaints and the ensuing criminal proceedings, and set aside the magistrate’s summons.

Issues considered

Whether the procedure adopted by the Committee regarding the sequence of witness examination was legal.
Whether the petitioners fell within the category of persons covered by Section 8‑B of the Commissions of Inquiry Act and were entitled to the same treatment as others notified under that section.
Whether the Committee was justified in calling the petitioners to the witness box for cross‑examination at the initial stage of the inquiry.
Whether the Committee’s orders directing prosecution of the petitioners under Section 178 IPC were legal.
Whether an appeal against the filing of the complaint is maintainable as an administrative matter.
Whether a challenge to the filing of the complaint is futile because the magistrate’s summons were not contested.
Whether the Supreme Court could interfere at this stage under Articles 32 and 136 of the Constitution.

Legislation cited

Code of Criminal Procedure, 1973s. 346, s. 5(4)
Commissions of Inquiry Act, 1952s. 4, s. 8-B, s. 8-C
Commissions of Inquiry (Central) Rules, 1972s. Rule 5(5)(a)
Indian Penal Code, 1860s. 178, s. 179

Subjects

Commissions of Inquiry ActSection 8‑BSection 8‑Cwitness examinationdiscriminationfundamental rightsArticles 14 and 21Section 178 IPCprocedural fairnesscross‑examinationstatutory protectionmagistrate proceedings

Judgment

A KIRAN BEDI & ORS.
v.
COMMITTEE OF INQUIRY & ANR.

JANUARY 4, 1989

B [E.S. VENKATARAMIAH, M.M. DUTT AND N.D. OJHA, JJ.]
r-
Commissions of Inquiry Act, 1952/Commissions of Inquiry
(Central) Rules, 1972: Sections 4 and 8-B/Rule 5(5)(a)-Commission
of Inquiry-Examination of witnesses-Sequence of-Issuance of
formal notice under s. 8-B-When arises-Holding persons not entitled ~ I
C to be covered bys. 8-B, and compelling them to enter witness box at the
inception while directing similarly placed persons to whom notice issued
to be examined at the end-Whether justified-Whether discrimi-
natory-Persons whose conduct being inquired into called upon for
being cross-examined at the inception of the inquiry while persons
similarly placed directed to be enquired at the end-Refuse to bind
D themselves by oath and affirmation believing to be covered bys. 8-B-
Whether can avoid consequences-Refusal-When justified.

Indian Penal Code, 1860: Section 178---Commission of lnquiry-
Directing filing of complaint for prosecution for failure to enter witness
box~Whether complaint liable to be quashed for infringement of -·cl
E fundamental right.

Constitution of India, 1950: Articles 14, 21, 32, 136 & 142-
Commission of Inquiry-Holding persons not covered by s. 8-B of
Commissions of Inquiry Act, 1952 and compelling them to enter witness
box, while directing issue of notice to similarly placed persons- 1c
F Whether discriminatory-On refusal-Directing filing of complaints \
under s. 178 I PC-Whether infringement of fundamental rights-Writ
Petition/Special Leave Petition filed challenging order for filing
complaints-Summons by Magistrate not challenged-Maintainability
of-Interference by Supreme Court-Whether called for.

G A Committee consisting of two Judges of the High Court was
constituted hy Delhi Administration to enquire into certain incidents in
January 1988, involving the lawyers and the police sequel to an alleged -~
incident of a lawyer, being apprehended hy the students of a College,
and handed over to the police on the accusation of committing an off-
ence within the campns of the said College and his subsequently being
H brought in handcuffs by the police for production before a Magistrate,

20
,•.'

KIRAN BED! v. COMMITIEE OF INQUIRY 21

who ultimately discharged him with direction to the Commissioner of A
Police to take action against the guilty police officials.

In its interim report, the Committee observed that it had to
examine the conduct of various police officers, and, in particular,
among others, the petitioners and recommended the transfer of the
B
~··., petitioners from t"eir posts.

In pursu& 1ce of a notice issued by the Committee under Rule
5(2)(a) of the Rules, statements of cases on behalf of the Higb Court Bar
Association and the Commissioner of Police together with the support·
ing affidavits were tiled before the Committee. The Police were
required to be ready for examination froin May 16, 1988 onwards but
the counter affidavit and the list of witnesses had not been tiled till 17th
c
., -+·· May, 1988, on which date the Commissioner of Police submitted two
applications praying for postponement of hearing and for calling upon
the Bar Association to start their evidence first and to call upon the
Commissioner of Police to adduce the evidence thereafter. Rejecting
these applications, the Committee passed an order saying that since the D
Police had failed to file their counter affidavit or list of witnesses, the
petitioners should be present in Court on May 19, 1988 for cross.
examination.

011 the· petitioners' refusing to enter the witness-box for taking

-
oath for cross-examination, the Committee decided to file complaints E
against the petitioners for an offence under s. 178 of the Indian Penal
Code and in pursuance of which complaints were tiled against the
petitioners in the Chief Metropolitan Magistrate's Court under sub-s.
(4) of s. 5 of the Commissions of Enquiry Act, 1952 read withs. 346 of
the Code of Criminal Procedure, 1973.

The petitioners challenged these orders in this Court by way of
writ petitions and Special Leave Petitions. This Court passed an order
on June 2, 1988 directing the Committee to reconsider the whole ques-
tion relating to the order in which the witnesses had to be examined in
the case.
G
In pursuance of the aforesaid order, the Committee passed an
order on 29th June, 1988 holding that the concept of burden of proof
was not quite relevant In the proceedings before a Commission, under
the Act, which had been given free hand to lay down its ow11 procedure
subject, of course, to the provisions of the Act and the rules made
thereunder and that it would be difficult for the committee to lay down I-I
22 SUPREME COURT REPORTS [1989) 1 S.C.R.

the manner in which the witnesses were to be examined, foregoing its
A
right to examine any witness at any stage, if his statement appeared to
be relevant, that merely because there were allegations against a
particular person he would not be said to be covered under s. 8-B,
which required a positive order from the Committee, and that when the
Committee mentioned that it was to examine the conduct of various
B Police Officers and others, it did not have in view s. 8-B of the Act. The
Committee specifically held that the three other persons to whom
notices had been issued under s. 8-B would he examined at the end of
the inquiry.

On August 18, 1988 this Court quashed the orders of the Commit-
tee directing the tiling of the complaints and the criminal proceedings
C against the petitioners before the Metropolitan Magistrate and held (a)
that the Delhi Administration had to examine first all its witnesses as
required by Rule S(S)(a) of the Rules framed under tbe Act; even those
witnesses who may have tiled affidavits already may first be examined-
in-chief before they were cross-examined, since it was stated that when
D the affidavits were tiled the deponents did not know what the other
parties who had also tiled affidavits had stated in their affidavits; the
question whether a party had the right of cross-examination or not shall
be decided by the Committee in accordance with s. 8-C of the Act; the
direction to the Delhi Administration to examine its witnesses first did
not apply to those witnesses who fell under s. 8-B of the Act, who had to

-
E be examined at the end of the inquiry, as opined by the Committee
itself; (b) that the petitioners were persons, who fell under s. 8-B of the
Act and had to be dealt with accordingly, and (c) that if the three
persons to whom notices under s. 8-B had been issued were to be
examined, even according to the Committee, at the end of the inquiry
there was no justifiable reason to deny the same treatment to the
F petitioners who were in the same position as those three persons; the
\,
action of the Committee in asking them to be corss-examined at the
beginning of the inquiry was, therefore, discriminatory; mere non~issue
of notices to them under s. 8-B ought not to make any difference if they
otherwise satisfied. the conditions mentioned In s. 8-B; the issue of such
a notice was not contemplated under s. 8-B of the Act; it was enough if
G at any stage the Commission considered it necessary to inquire into the
conduct of any person and such person would thereafter be governed by
s. 8-B of the Act. Reasons for this order were to be given later.

Giving reasons for the above order the Court,

H HELD: I. Recourse to procedure under s. 8-B of the Commis-
KIRAN BED! v. COMMITTEE OF INQUIRY 23
-~
.
' sions of Enquiry Act, 1972 is not confined to any particular stage and if
A
not earlier, at any rate, as soon as the Committee made the unequivocal
declaration of its intention, in its interim report to examine the conduct
of the two petitioners it should have issued notice under s. 8-B to the two
petitioners, if it was of the view, for which view there is no justification,
that issue of a formal notice under s. 8-B was the sine-qua-non for
---· \ attracting that Section. At all events, the Committee could not deny the
petitioners the statutory protection of s. 8-B by merely refraining from
B

issuing a formal notice even thou~h on its own declared intention, the
section was clearly attracted. [42C-E]
~-~
State of Jammu and Kashmir v. Bakshi Chu/am Mohammad,
[1966] Suppl. S.C.R. page 401 and State of Karnataka v. Union of India
& Another, [1978] 2 S.C.R. page I, relied on.
c
-f--
2.1 The use of the word 'or' between clauses (a) and (b) ors. 8-B or
the Act makes it clear that s. 8-B would be attracted if requirement of
either clause (a) or clause (b) is fulfilled. Clause (a) of s. 8-B applies
when the conduct of any person is to be enquired into whereas clause (b) D
applies to a case where reputation or a person is likely to be prejudi-
cially affected. [42B]
,J~
2.2 The fact that no formal notice had been issued under s. 8-B
would constitute no justification for not treating a person to be covered

- by that section if otherwise the ingredients of the said section were made
out. Having once stated in its interim report in unequivocal terms, that
the conduct of these two petitioners among others was to be examined,
E

-
it was not open to the Committee to still take the stand thats. 8-B was
not attracted in so far as they were concerned. [42B-C]

2.3 Keeping in view the nature of the allegations made in the F
. statements of case and the supporting affidavits filed on behalf of the
various Bar Associations including the Delhi High Court Bar Associa-
tion, requirement of even clause (b) of s. 8-B was fulfilled inasmuch as if
those allegations were proved they were likely to prejudicially affect the
reputation of the two petitioners. In view of the specific term of refer-
,___ ence which contemplated taking of "stringent action" against all those G
,,
,_~

-r.:~.:.;__
responsible, even the career of the petitioners as police officers was
likely to be affected in case an adverse finding was recorded against
them and the principle that the report of a Commission of Enquiry has
no force proprio vigore does not, on a pragmatic approach to the conse-
quences, seem t~ constitute sufficient safeguard so far as the petitioners
are concerned. [43C-E] H
,.

24 SUPREME COURT REPORTS [1989] 1 S.C.R.

The reason for the importance attached with regard to the matter
A
of safeguarding the reputation of a person being prejudicially affected
iu cl. (b) ofs. 8-B oftlte Act is not far to seek. [43E-F]

Blackstone's Commentary of the laws of England Vol-I, IVth
Edition, Corpus Juris Secundum Vol. 77 at page 268 and D.F. Marion
B v. Davis, SS America! Law Reports page 171 referred to.

3.1 Section 8-B inter alia contemplates an opportunity being
given to the person governed by the said section to produce evidence
in his defence whereas s: 8-C inter alia gives him the right to cross-
examine the witnesses who depose against him. [4SD]
c Not only that calling upon a person governed by s. 8-B to produce
evidence in his defence at the very inception of the inquiry is a contra-
diction in terms inasmuch as in this situation such a person would really
be required to disprove statements prejudicial to him of such witnesses
who are yet to be examined, it would also reduce the right of cross-
D examination by such person to a mere formality for the obvious reason
that by the time the witnesses who are to be cross-examined are pro-
duced, the defence of such person which would normally constitute the
basis for the line and object of cross-examination would already be
known to such witnesses and they are likely to refashion their state-
ments accordingly. [4SE-F]
E
3 .2 Perhaps in a case where there is no other witness to give
information about the alleged incident about which the inquiry is being
held and the only person or persons who could give such information is
or are the person or persons who are likely to be adversely affected by
the inquiry, it may be necessary to depart from the above view as a
-
F matter of necessity. But this is not one such case. There are admittedly
any number of other persons who can give evidence about what hap-
pened on the relevant dates. [4SG I

Since the two petitioners clearly fell within the category of persons
contemplated by s. 8-B of the Act and were consequently entitled to the
G same treatment as has been accorded by the Committee to the persons
to whom notice has been issued by it under the said section, the Com-
mittee was not justified in calling upon the two petitioners to stand in
the witness box for cross-examination at the very initial stage of the
enquiry. [54B-DJ

H 3.3 The apprehension that in case a person governed by s. 8-B
KIRAN BED! v. COMMITIEE OF INQUIRY 25

was to be examined at the end and at that stage such person even at the
A
risk of not producing his defence, f~r some reason, chooses not to
appear as a witness, the Committee would be deprived of knowing the
facts in the knowledge of such person and such a course would obviously
hamper the enquiry is more imaginary than real inasmuch as the power
of the Commission to call upon any person to appear as a witness under
s. 4 of the Act, which in terms is very wide and is not circumscribed by B
fetters of stage, would be available to the Commission and it would he
entitled to call such person as a witness even at that stage. [46A-C]

4.1 In view of the provisions contained in ss. 4 to 6 of the Act, and
the rules framed thereunder a person could not, on the belief that he
was covered by s. 8-B, avoid the consequence of ss. 178 and 179, by
claiming absolute immunity from binding himself by an oath or affir-
c
-~.
mation for answering questions put to them. [51H; 52A[
' Mc Grain v. Daugherty, 71 L.ed. 580; Uphaus v. Wyman, 3 L.ed.
2d 1090; Sinclair. v. United States, 73 L.ed. 692; Kastigar v. United
States, 32 L. Ed. 2d 212 and Brown v. Wa/ker40 L.ed. 819, referred to. D

However, a valid justification put forth by the witness was suffi-
cient ground to make him immune from prosecution. [52F]

Watkins v. United States, I L.ed. 2d 1273; F/axerv. United States,
3 L.ed. 2d 183 and Murphy v. Waterfront Commission of New York, 12 E
L.ed. 2d 678 referred to.

In the instant case, the petitioners are not asserting thai they
could not be required at all to appear as a witness before the Committee
and make statement on oath. It was submitted on their behalf that they
did not either wish to delay the proceedings or to show disrespect to the F
Committee, but only wanted to protect their own interest by making the
submission which they made before the Committee, as per legal advice
given to them, namely that they being covered bys. 8-B of the Act their
defence would be put to serious jeopardy and will be prejudicially af-
fected if they were required to appear in the witness box for cross-
examination at the very inception of the inquiry even.before statements G
of witnesses proving the accusations against the petitioners had been
~-· recorded which they were entitled to defend. [528-E]

4.2 On the view of the Committee that persons covered by 8-B
were to be examined at the end of the enquiry, the fact that an affidavit
of the petitioner was on record could hardly justify the petitioner being H
26 SUPREME COURT REPORTS [1989) 1 S.C.R.

A called upon to enter the wit~s box at the very inception. [SSC)

Smt. Indira Gandhi and another v. Mr. J.C. Shah Commision of
Inquiry, ILR 1980(1) Delhi SS2 referred to.

4.3 Had the Committee not been labouring under the misappre-
B hension that the petitioners were not covered by s. 8-B, because no
notices under that section had been issued to them, notwithstanding the
fact that their conduct was to be examined on its own declared, inten-
tion, it would obviously not have required the petitioners to take oath
for being cross-examined at the stage at which it did so. The subsequent I

orders of the Committee directing complaints to be tiled against the f--''
C petitioners for an offence punishable under s. 178 IPC and the act of
filing such complaints were the consequences of the said misappre-
hension. [SSF-G]

Since the petitioners were covered by s. 8-B, the action of the
Committee in compelling the petitioners to enter. the witness box for
D being cross-examined, when even according to it persons similarly
situated were to do so at the end of the inquiry, was in itself discrimi-
natory. There was, therefore, valid justification for the refusal by the
petitioners to take oath for cross-examination at the stage when they
were required to do so. [SSH; S6A-B)

E Therefore, the Committee should not have, in the instant case,
directed the filing of a complaint against either of the petitioners for an
offence punishable under s. 178 IPC. [S6C) 1

S. Since the action of the Committee in holding that the peti-
tioners were not covered by s. 8-B of the Act and compelling them to \-
F enter the witness box on the dates in question was discriminatory and -
the orders directing complaint being filed against the petitioners were
illegal, it is a case involving infringement of Articles 14 and 21 of the
Constitution. In such a situation, the power of this Court to pass an
appropriate order in exercise of its jurisdiction under Articles 32 and
142 of the Constitution cannot be seriously doubted, particularly having
G regard to the special facts and circumstances of this case. IS6D-EI

The orders directing filing of complaints being invalid, the conse-
quential complaints and the proceedings thereon including the orders of
+
the Magistrate issuing summons cannot survive. [S6E-FI

H 6. If the petitioners are compelled to face prosecution. in spite of
KIRAN BED! v. COMMIITEE OF. INQUIRY IOJHA, J.] 27

the finding that the orders directing complaint to be filed against them
A
were illegal, it would cause prejudice to them. Therefore, this Court
can interfere in the matter. [56G I

7. Apart from the directions contained in this Court's order
dated 18th August, 1988, it is not expedient to lay down any particular
rigid procedure to be followed by the Committee with regard to sequ- B
ence in which witnesses were to be examined by it. [41G-H/

ORIGINAL JURISDICTION: Writ Petition (Civil) No. 626 of
1988 etc. etc. ·

(Under Article 32 of the Constitution of India)
c
G. Ramaswamy, Additional Solicitor General, S. Murlidharan,
A.D .N. Rao, A. Sobba Rao and Krishnan Kumar for the Petitioners.

Kuldip Singh, Additional Solicitor General, K.K. Venugopal,
Kapil Sibbal, Lal Chand, C.S. Vaidyanathan, H.S. Phoolka, N.S. Das, D
Rajiv Khosla, P. Tripathi, Kailash Vasdev, Miss A. Subhashini.
Harish Salve and Ravinder Sethi, for the Respondents.

,..\- The Judgment of the Court was delivered by

OJHA, J. In the writ petition and the special leave petitions filed E
by Smt. Kiran Bedi, the orders dated 17th, 20th and 23rd May 1988
passed by the Committee of Inquiry consisting of Mr. Justice N.N.
Goswami and Mr. Justice D.P. Wadhwa of the High Court of Delhi
(hereinafter referred to as the Committee) are sought to be quashed
whereas in the writ petition and the S.L.P. filed by Jinder Singh, the
order dated 26th May, 1988 passed by the said Committee is sought to F
be quashed.

In order to appreciate the respective submissions made by
learned counsel for the parties, it would be useful to give in brief the
circumstances leading to the appointment of the Committee and also
to quote the terms of reference. What ultimately assumed the shape of G
confrontation between lawyers and police sparked off from an alleged
unfortunate incident on 15th January, 1988 of a lawyer being appre-
hended by the students of St. Stephens College, University of Delhi
and being handed over to the police on the accusation of committing
an offence within the campus of the said College. According to the

I
statement of case filed before the Committee on behalf of the Delhi H
28 SUPREME COURT REPORTS [1989) 1 S.C.R.

High Court Bar Association, the said lawyer was brought by the police
A
in handcuffs for production before a Metropolitan Magistrate on 16th
January, 1988. The lawyers present protested against the handcuffing
but their protest was ignored by the police officials. The Metropolitan
Magistrate ultimately discharged the lawyer on the same date and also
directed the Commissioner of Police to take action against the guilty
B police officials. In support of their demand for action against the police
officials, the lawyers went on strike from 18th January 1988. In the
said statement of case it was further stated that on 20th January, 1988,
Smt. Kiran Bedi, Deputy Commissioner of Police, North District,
Delhi, made a statement in a Press conference justifying the action of
police and criticising the order of the Magistrate in discharging a +-·
c "thief" and that in order to express their deep concern and anguish a
group of lawyers went to meet Smt. Bedi on 21st January, 1988 in her
office which at that time was situated in the Tis Hazari Court Complex
itself. Smt. Bedi, however, refused to come out and meet the lawyers
whereupon they preferred to wait upon her till such time as she agreed
to meet them. They assert that while they had waited for 15-20 minutes
D the police took recourse to lathi charge on the lawyers at the orders of
Smt. Bedi. In the said statement of case it has further been asserted
that while the indefinite strike and the agitation of the lawyers
demanding a judicial inquiry into the incident of lathi charge and sus-
pension of Smt. Kiran Bedi was continuing, a mob which eventually
swelled to about 3000 persons came to Tis Hazari Court Complex on
E 17th February 1988 raising slogans in support of Smt. Bedi and against
the striking lawyers. The mob used brickbats and stones causing injury
to some lawyers and damage to property. According to them this mob
attack was engineered by Smt. Kiran Bedi. A statement of case was
also filed byVed Prakash Marwah, the then Commissioner of Police,
attaching thereto affidavits of 25 police officers including an affidavit
F of Smt. Kiran Bedi. There is a denial on their part of the assertions and
insinuations made against them by the Delhi Bar Association referred
to above. With regard to the incident on 21st January 1988 the case of
Smt. Kiran Bedi as is apparent from her affidavit filed along with the
aforesaid statement of case is that she along with some other officers
reached her Tis Hazari Office at about 11.15 A.M. and while a meet-
G ing was in progress in connection with the arragements for the
Republic Day some time around 12.00 noon, slogans were heard
"being raised outside by an apparently large crowd approaching in our
direction. Before we realised what was happening. all of sudden a
group of lawyers stormed into my office pushing aside the female
'constable on duty at my door. They rushed towards me making violent
H gestures and uttering obsceneties at me. They made physical gesture
KIRAN BEDI v. COMMITfEE OF INQUIRY IOJHA, !.) 29
-4 and threats to the effect ....... The Police Officers who were sitting
A
around my table jumped to their feet. They held back one of hysterical
persons who had actually advanced in my direction and formed a ring
around the lawyers and managed to move them out of my office while
bolting me inside along with my female constable and a female visitor
who had come to see me for her own work". We have thought it
-~ proper not to quote the actual words of threat stated in the said B
affidavit. According to Smt. Kiran Bedi the situation thereafter out-
side her office was handled by the other officers present while she
remained inside the office.
~_\
' We are not concerned with the correctness or otherise of either
of the two versions stated above and as already pointed out we have
referred to them only to indicate the background in which the Commit- c
--....... ~
tee was constituted. Having referred in brief to the circumstances
·:
which led to the appointment of the Committee we now quote the
order of reference:

"F.No. 10/9/88-NP-II D
DELHI ADMINISTRATION: DELHI
(HOME POLICE-II DELHI)
,.l- Dated the
23rd Feb. 1988.

. ORDER

Whereas the Administrator of the Union Territory of
E

Delhi is of the opinion that a judicial inquiry is necessary
j into matters of public importance mentioned below; Now
therefore, the Administrator is pleased to constitute a F
Committee, in consultation with the Chief Justice of Delhi
High Court consisting of Mr. Justice N .N. Goswami and
Mr. Justice D.P. Wadhwa Hon'ble Judges of the I:Iigh
Court to inquire into and record their findings on the
following:
G
_.\.-. (i) The incident of the 15th January, 1988 in St. Stephen's
' College, University of Delhi regarding apprehension
of a lawyer by the police.

(ii) The incident and reported lathi-change on the 21st
January, 1988 outside the office of the DCP/North, H
Delhi.
30 SUPREME COURT REPORTS [1989] 1 S.C.R.

(iii) Circumstances leading to presence of a mob in Tis
A
Hazari premises on 17th February, 1988 and the re-
sultant violence.

(iv) Any other incidental development connected with the
above.
B
The Committee is requested to ascertain the facts leading
to the aforesaid incidents with a view to identifying those
responsible for the incidents so that stringent action could
be taken against all those responsible.

The Committee may, if it deems appropriate, submit
c an interim report within seven days of its first sitting sug-
gesting action if any, against police officials or any other
involved persons pending submission of the final report
within a period of 3 months."

D Subsequently in pursuance of a direction issued by this Court the
aforesaid notification was modifi~d by the Administrator vide Notifi-
cation dated 15th March, 1988 by directing that the provisions of Sec-
tions 4, 5, 5-A, 6, 8, 8-A, 8-B, 8-C, 9, 10 and 10-A of the Commissions
of Inquiry Act, 1952 and the rules made under Section 12 thereof shall
apply to the said Committee.
E
The Committee submitted an interim report on 9th April, 1988
and during the course of proceeding& before it thereafter passed the
aforesaid orders which are the subject matter of these writ petitions
and special leave petitions.

F After having heard learned counsel for the parties at length we
passed an order on 18th August, 1988 which we consider it appropriate
to reproduce here with a view to avoiding the repetition of the reasons
already given therein in support of the said order:

"It is unfortunate that this case has arisen between lawyers and
G police who are both guardians of law and who constitute two
important segments of society on whom the stability of the
country depends. It is hoped that cordiality between the two
sections will be restored soon.

In order to avoid any further delay in the proceedings be-
H fore the Committee consisting of Goswamy and Wadhwa, JJ,
' KIRAN BEDJ v. COMMITIEE OF INQUIRY IOJHA, J.} 31
-1~.
constituted by Order dated 23rd February, 1988 to enquire into
A
certain incidents which took place on the 15th January, 1988.
21st January, 1988 and 17th February, 1988, we pass the follow-
ing order now but we shall give detailed reasons in support of this
order in due course:
--"\ The order is as under: B

1. This order is passed on the basis of the material available on
\ record, the various steps already taken before the Committee
~ and other peculiar features to the case.

2. The Delhi Administration has to examine first all its witnesses
. ..,...._ as required by Rule 5(5)(a) of the Commissions of Inquiry
c
I
(Central) Rules, '1972 (hereinafter referred to as the Rules)
framed under the Commissions of Inquiry Act, 1952 (herein-
after referred to as the Act). Even those witnesses who may
have filed affidavits already may first be examined-in-chief
before they are cross-examined, since it is stated that when D
the affidavits were filed the deponents did not know what the
other parties who have also filed affidavits had stated in their
_,L affidavits. The question whether a party has the right of cross-
examination or not shall be decided by the Committee in
accordance with Section 8-C of the Act. In the facts and
circumstances of the case to which reference will be made E
"If hereafter this direction issued to the Delhi Administration to
examine its witnesses first as provided by rule 5(5)(a) of the
'• Rules referred to above does not apply to those witnesses
j falling under section 8-B of the Act, who have to be examined
at the end of th~ inquiry as opined by the Committee itself.
' F
3. We have gone through the several affidavits and other mate-
rial placed before the Committee and also the Interim Report
dated April 9, 1988 passed by the Committee. In para 13 of
the Interim Report the Committee has observed thus:

· During the course of the inquiry, we have to examine the G
conduct of various police officers and others and particularly, as the
record shows, of the DCP (North), Addl.. DCP (North), SHO, PS
Samepur (Badli) and SI Incharge Police Post, Tis Hazari and SI.
Samepur (Badli).

In para 14 of the Interim Report it is observed. H
32 SUPREME COURT REPORTS 11989] 1 S.C.R. ,
A Lawyers have seriously urged that this Committee should send a
report recommending suspension of the DCP (North) Ms Kiran Bedi.

Ultimately the Committee recommended the transfer of the
petitioners in these cases, namely, Ms Kiran Bedi, DCP (North) and
B Jinder Singh SI, Incharge Police Post, Tis Hazari. 'j....

Section 8-B of the Act reads:

"8-B. If, at any stage of the inquiry, the. Commission,

(a) considers it necessary to inquire into the conduct of any
c person; or

(b) is of opinion that the reputation of any person is likely
to be prejudicially affected by the inquiry,

the Commission shall give to that person a reasonable
D
opportunity of being heard in the inquiry and to produce
evidence in his defence:

Provided that nothing in this section shall apply -i...
where the credit of a witness is being impeached."
E
In its Interim Report the Committee has unequivocally observed
that it had to examine the conduct of various police officers, and in ,.._
particular among others Ms Kiran Bedi, DCP (North) and Jinder (
Singh, SI, Incharge Police Post, Tis Hazari.

F Having given our anxious consideration to all the aspects of the
\-_
case we hold that the petitioners Ms Kiran Bedi and Jinder Singh are
persons who fall under Section 8-B of the Act arid have to be dealt with
accordingly.

4. According to the Committee's own opinion formed in the
G light of the facts and circumstances of the case, all these persons to
whom notices under Section 8-B of the Act are issued have to be
examined at the end of the inquiry. This is obvious from the order of
the Committee passed on June 29, 1988 after it was asked by this Court
by its order dated June 2, 1988 to reconsider the whole question relat-
ing to the order in which the witnesses had to be examined in the case.
p In its order dated June 29, 1988 the Committee has observed thus:
KIRAN BED! v. COMMITTEE OF INQUIRY IOJHA, J.J 33
---f.
"Without going into the controversy if Rule 5(5) is an inde- A
pendent rule or is governed by Sections 8-B and 8-C of the
Act, we would direct that in the circumstances of the case
three persons namely, the Additional Commissioner of
Police (Special Branch), DCP (Traffic) and Mr. Gopal Das
Kalra, SI to whom notices under Section 8-B of the Act
--'\ have been issued be examined at the end of the inquiry." B

If three persons referred to above to whom notices under Section
8-B have been issued are to be examined even according to the Com-
~-1 mittee at the end of the inquiry there is no justifiable reason to deny
the same treatment to the petitioners Ms Kiran Bedi and Jinder Singh
who are in the same position as those three persons. The action of the
Committee in asking them to be cross-examined at the beginning of
c
~
I the inquiry appears to us to be discriminatory. Mere non-issue of
notices to them under Section 8-B ought not to make any difference if
they otherwise satisfy the conditions mentioned in Section 8-B. The
issue of such a notice is not contemplated under Sedion 8-B of the
Act. It is enough if at any stage the Commission considers it necessary D
to inquire into the conduct of any person. Such person would there-
after be governed by Section 8-B of the Act. The Committee should
have considered whether the petitioners were entitled to be treated as
'
_,>,-
persons governed by Section 8-B of the Act before asking them to get
into the witness box for being cross-examined. If the Committee had

.. found. that the petitioners were covered under Section 8-B, then
perhaps they would not have been asked to get into the witness box for
being cross-examined till the erid of the inquiry. The Committee would
have then asked them to give evidence along with others who were
E

sirriilarly placed at the end of the inquiry.
~}
On behalf of both the petitioners it is submitted that they.did not F
either wish to delay the proceedings or to show disrespect to the Corr,-
mittee but only wanted to protect their own interest by making the
submission which they made before the Committee as per legal advice
given to them.

-This is not a case where the circumstances in which the several G
~- incidents that had taken place were not known to anybody else. The
affidavits and other material before the Committee show that there
were a large number of persons who were eye-witnesses to the inci-
dents and who could give evidence before the Committee.

Taking into consideration all the aspects of the case we feel that H
34 SUPREME COURT REPORTS [1989] 1 S.C.R.

the Committee should not have in the circumstances of the case
A
directed the filing of a complaint against either of the petitioners for an
offence punishable under Section 178 IPC.

In view of the foregoing we feel that the orders of the Committee
directing the filing of the complaints and the criminal proceedings
B initiated against the petitioners before the Metropolitan Magistrate
pursuant to the complaints filed on behalf of the Committee should be
quashed and we accordingly quash the said orders of the Committee
and also the criminal proceedings.

A judgment containing the reasons for this order will follow.
+-'
" ,)om

c Before concluding t!iis order we record the statement made by
Shri Kuldip Singh, learned Additional Solicitor General appearing for
the Delhi Administration that the Delhi Administration and its police
officers will fully cooperate with the Committee so that the Committee
may complete its work as early as possible. We also record the state-
D ment made by Shri G. Ramaswamy, learned Additional Solicitor
General that he and his clients, the petitioners in this case hold the
Committee in great respect and that they never intended to show any
kind of discourtesy to the Committee. He also expresses apology for
using one or two strong words against the Committee in the course of
the arguments in this Court.
E
We now proceed to give our detailed reasons in support of the
aforesaid order:

We find it necessary to refer to some of the regulations framed
by the Committee to regulate its procedure. We also find it necessary
F to indicate the nature of the orders which have been challenged in
these writ petitions and special leave petitions. It also seems appro-
priate at this very place to refer to the order of this Court passed in
these proceedings on 2nd June 1988 and the order of the Committee
passed on 29th June, 1988 in pursuance of the order of this Court .dated
2nd June 1988. As is apparent from a copy of the regulations filed in:these
G proceedings, the Committee framed "Regulations of procedure under
Section 8 of the Commissions of Enquiry Act, 1952 to be followed by
the Committee of Inquiry". Regulations 8, 11, 14, 18, and 21 which in
our opinion appear to be relevant for purposes of these cases are
reproduced as hereunder:

H "8. To avoid its proceedings being unduly prolonged and
KIRAN BED! v. COMMITTEE OF INQUIRY !OJHA, J.I 35

protracted, the Committee may divide and group together A
the various persons; Associations and departments before
it in such manner as it thinks just and proper for the
purposes of producing oral evidence, cross-examination of
witnesses examined "before it, and for. addressing argu·
ments.
I3.
Provided, however, any person ·who is likely to be
prejudicially affected as provided 'in Sec. 8-B of the Act
s!>all be entitled to appear personally or through an
~
. I authorised agent, and to produce evidence in his or her
defence. •

11. The witness whose evidence is recorded by the Com·
c
mittee orally on oath will be allowed to be cross-examined
by the concerned parties in accordance with the provisions
.of the Act.

14. The affidavit or statement of case filed by any depo· D
nent can be treated as his examination-in-chief.

18. Technical rules of the Evidence Act, as stlch, shall not
govern the recording and admissibility ·of'eviderice before
the Committee. However, the principles ofhatural justice
and fair play shall be followed. · E

21. The Committee reserves the right to alter, modify,
delete or add to any of these regulations of procedure at
any time during the inquiry, as and when it considers
necessary."
F
In pursuance of a notice issued by the Committee under Rule
5(2)(a) of the Rules, statements of case inter alia on behalf of Delhi
High Court Bar Association and the Commissioner of Police which
were accompanied by affidavits in support of the facts set out in the
respective statements of case were filed before the Committee. On 8th
April, 1988, the parties and their counsel stated that they would need G
two weeks' time to file counter affidavit and list of witnesses to be
examined by theni. The time prayed for was granted. The proceedings
on that date were adjourned to 22nd April, 1988. On that date an
application was made on behalf of the Commissioner of Police and
other police officers for extension of time to file counter affidavit
which was extended till 13th May, 1988. The following order, how- H
36 SUPREME COURT REPORTS [1989) 1 S.C.R. _,...
ever, was simultaneously passed on that date. "Mr. Vi jay Shankar Das
A
has been told to keep his witnesses ready for being examined from 16th
May, 1988. The Committee proposes to hold the sitting from day-to-
day w.e.f. 16th May, 1988. For further proceedings and recording of
evidence to come up on 16th May, 1988." Here it may be pointed out
that Mr. Vi jay Shankar Das was the counsel appearing for the Delhi
'f..
B Police and the effect of the order aforesaid was that the Delhi Police
was required to keep its witnesses ready for being examined from 16th
May, 1988. On 16th May time till 5.00 P.M. to all concerned to file
their counter affidavits along with the list of witnesses was granted and .J.-,~
further proceedings were adjourned for the next day. On 17th May,
'
1988, two applications were made on behalf of the Commissioner of
Police; one for postponement of hearing and the other for calling upon
c the Bar Association to start their evidence and to call upon the Com- ..,..
missioner of Police to adduce his evidence thereafter. The counter
affidavit and the list of witnesses on behalf of the Commissioner of
Police had not been filed even till 17th May, 1988. The Committee
dismissed both the applications referred to above and passed an order
D saying that since the Comissioner of Police has failed to file the
counter affidavit or the list of witnesses, Mr. Jinder Singh, S.I., and
Mrs. Kiran Bedi, the then D.C.P. (North) be present in Court on
19.5.88 at 10.30 A.M. for being cross-examined. On 19th May, 1988, -l__
counsel for Delhi Police was directed to produce Mr. Jinder Singh,
S .I., in the witness box for being cross-examined. On being informed
E by counsel for Delhi Police that Mr. Jinder Singh was not available,
bailable warrant was ordered by the Committee to be issued for pro- ,..
duction of Mr. Jinder Singh at 10.30 A.M. on 23rd May, 1988. There-
after Smt. Kiran Bedi who was present in Court was directed to come
in the witness box for cross-examination. The relevant portion of the
order passed thereafter on 19th May, 1988 reads as hereunder: ~
F
"Mrs. Bedi has been asked to take oath, but she has
refused to do so. At this stage, we called upon Mr. G.
Ramaswamy, Counsel appearing for Delhi Police as also
Mr. Vijay Shanker Dass, Counsel appearing for Mrs. Kiran
Bedi to justify the action of the witness in not taking the
G oath. We call upon the counsel to address because accord-
ing to us prima facie offence is made out under Section 178
I.P.C.

Mr. Ramaswamy relies on the judgment of this Court
in Smt. Indira Gandhi and Anr. v. Mr. J.C. Shah, Commis-
H sion of Inquiry, ILR 1980(1) Delhi 5522. We have been
KIRAN BED! v. COMMITIEE OF INQUIRY [OJHA, J.[ 37

taken through certain passages of judgment and we find A
that the facts of case are entirely different inasmuch as no
affidavit had been filed by Smt. Indira Gandhi in that case
and she had been summoned merely under Section 8-B of
the Commission of Enquiry Act.
B
In the present case, an affidavit of Mrs. Kiran Bedi is
on record. She had to be given further opportunity to make
any further statement and her affidavit already filed has to
be justified by cross-examination.

Let notice issue to Mrs. Kiran Bedi to show cause
why she should not be prosecuted under section 1781.P.C. c
Since she is present, she is accepting this notice. The notice
is returnable for tomorrow, the 20th May, 1988. Ordinarily
directions have to be issued to her to be present in court,
but Mr. Shankar Dass undertakes that she will be present
in Court tomorrow and as such no further directions are D
necessary.''

On 20th May, 1988 as the order sheet of that date indicates
counter affidavit along with list of witnesses was filed on behalf of the
Commissioner of Police and both were taken on record. With regard
to the notice issued to Smt. Kiran Bedi on 19th May, 1988, the follow- E
ing order was passed:

"By our order dated 19.5.88, we had issued a notice to
Mrs. Bedi to show cause as to why she should not be pro-
secuted under Section 178 of the 1.P.C. for refusing to take
oath in the witness box. Notice was made returnable for F
today.

Mr. Shankar Dass who appears for Mrs. Kiran Bedi
has refused to show any cause on the ground that notice
was too short.
G
We have heard the arguments of Mr. K.K. Venu-
gopal on behalf of the Bar Association.

For orders to come up on 23rd May, 1988. Mrs. Kiran
Bedi who is present today is directed to be present in the
Court on 23.5.88 at 10.30 A.M." H
38 SUPREME COURT REPORTS [1989] 1 S.C.R.

On 23rd May, 1988, the Committee held that refusal of Smt.
A
Kiran Bedi in not testifying on oath before the Committee was wholly
unjustified and proceeded to file a complaint for an offence under
section 178 of the Indian Penal Code. As regards Mr. Jinder Singh, it
seems that he could not be required to appear in the witness box on
23rd, 24th or 25th May, 1988. On 26th May, 1988 the following order
B was passed: "-·
,

"Mr. Jinder Singh was directed to come into the witness
box. When asked by us to bind himself on oath or affirma-
tion to state the truth, the witness refused to do so. Earlier
we had authorised the court master to administer him the
oath. But, as we have already said, the witness refused to
c take the oath. The witness states that he is willing to make ~·
a statement without oath and would be prepared to answer
all the questions in cross-examination. When asked if he is
aware of the fact that his action in not taking the oath is
punishable under Section 178 of the Indian Penal Code, he
D says he has nothing further to state. On consideration the
Committee is of the opinion that since this witness has
already filed an affidavit which is a statement on oath, it is
not possible to record any further statement or cross-
examine without oath. Mr. Jinder Singh, however, states
that he is not prepared to take the oath because he is in the
E nature of an accused and he cannot be asked to start the
evidence and would be prepared to come in the witness box
after the evidence of other party is recorded.
I
Mr. Jinder Singh at present S.I. at Police Post, Rail-
way Station, Subzi Mandi, Delhi, who was S.I. in charge ~'
F Tis Hazari Courts, Delhi during January and February,
1988, was summoned as a witness and was asked to step
into the witness box. His statement was to be recorded on
oath for the purpose of cross-examination. He, however,
refused to bind himself by an oath or affirmation to state
the truth when required so to bind himself by the Commit-
G tee. The Committee considers that Mr. Jinder Singh who
was at the relevant time S.I. in charge at Tis Hazari Courts,
Delhi, where the incidents took place is a very material
witness and his case is identical to the case of Ms. Kiran
Bedi. For the reasons recorded in our order dated 23rd
May, 1988 regarding Ms. Kiran Bedi, we proceed to file a
H complaint for an offence under section 178 of the Indian
Penal Code.''
KIRAN BED! v. COMMITIEE OF INQUIRY IOJHA, J.) 39

In pursuance of the orders dated 23rd May and 26th May, 1988
A
complaints were filed by the Committee in the Court of the Chief
Metropolitan Magistrate, Delhi, for an offence under section 178 of
the Indian Penal Code and as is apparent from a copy of one of the
complaints produced before us these complaints have been filed under
sub-section 4 of sectiqp 5 of the Commissi.ons of Inquiry Act, 1952 read
with section 346 of the Code of Criminal Procedure, 1973. As already B
indicated, it is the aforesaid orders dated 17th, 20th, 23rd and 26th
May, 1988 which have been challenged in these writ petitions and
special leave petitions. These writ petitions and special leave petitions
first came up for consideration before K.N. S.ingh, J. who was func-
tioning as the Vacation Judge. After hearing the parties he passed an
order on 2nd June, 1988. Tlie relevant portion of the order which was C
passed by this Court on 2nd June, 1988 in these proceedings, reads as
hereunder:

"Learned counsel for the parties agree that the respondent
Committee should be directed to re-examine the order and
sequence in wh.ich parties witnesses as well as the witnesses D
summoned by the Committee should be examined with
reference to the incidents mentioned in the Notification
dated 23rd February, 1988. The Committee is accordingly
directed to consider afresh the order in which the parties
witnesses as well as witnesses summoned by the Committee
on its own are to be examined with reference to the E
incidents mentioned in the Notification appointing the
Committee after hearing counsel for the parties. The Com-
mittee is further directed to consider the question as to the
stage when main witnesses on behalf of the respective
parties should be examined. The Committee will pass a
reasoned order after hearing the parties. Parties agree that F
these questions should be considered by the Committee on
20th June, 1988 or any subsequent date subject to its
convenience."

In pursuance of the aforesaid order, the Committee after hearing
learned counsel for the parties passed an order on 29th June, 1988. It G
inter alia took the view that the concept of burden of proof did not
appear to oe quite relevant in the proceedings before a Commission
under the Act which had been given free hand to lay down its own
procedure subject, of course, to the provisions of the Act and the rules
made thereunder. lt also held that it would be difficult for the com-
mittee to lay down the manner in which the witnesses are to be H
40 SUPREME COURT REPORTS [1989] 1 S.C.R.

examined foregoing its right to examine any witness at any stage if his
A statement appeared to be relevant.

One of the submissions made by learned counsel for the Com-
missioner of Police was that since serious accusations have been made
by the lawyers again! Smt. Kiran Bedi and the police with regard to the
B incidents dated 21st January and. 17th February, 1988, the lawyers
should be first called upon to lead evidence to substantiate their allega-
tions and the police personnel may be required to lead evidence only in
rebuttal. This submission, however, did not find favour with the Com-
mittee. It took the view that the whole stress of learned counsel
seemed to be on burden of proof and was based on certain misconcep-
C lions. Likewise, the argument that Smt. Kiran Bedi and Jinder Singh
also fell within the purview of Section 8-B of the Act did not find
favour with the Committee. In this connection, it was pointed out that
except for the three officers namely, the Addi. Commissioner of Police
(Special Branch), New Delhi, D.C.P. (Traffic) and Mr. Gopal Das
Kalra, S.I., Police Station, Samepur (Badli),.to no other officer notice
D under section 8-B of the Act had been issued and that merely because
there were allegations against a particular person he could not be said
to be covered under Section 8-B which required a positive order from
the Committee. It was also pointed out that a person has to be put on
guard by the Committee if it considers it necessary to inquire into his
conduct or the Committee is of the opinion that the reputation of that
E person is likely to be prejudicially affected by the inquiry. When its
attention was invited to the interim report where the Committee had
mentioned that conduct of various police officers particularly of the
D.C.P. (North), Addi. D.C.P. (North) S.H.O., P.S. Samepur (Badli)
and S.l. Incharge Police Post, Tis Hazari and S.I., Samaypur (Badli),
was to be examined and it was submitted that consequently they were
F covered under section 8-B, the Committee took the view that the
submission was misplaced inasmuch as when the Committee men-
tioned that it was to examine the conduct of various police officers and
others, it did not have in view section 8-B of the Act. According to the
Committee the plea that Section 8-B was attracted appeared to be an
afterthought.
G
With regard to the three persons mentioned above to whom
notices under section 8-B of the Act had been issued, the Committee
specifically held that those persons would be examined at the end of
the inquiry. The Committee emphasised on the circumstance that in
the inquiry before it there was no "Lis" as is commonly understood
H while trying a criminal or civil case and that principle of burden of
proof had no relevance.
K!RAN BED! v. COMMITTEE OF INQUIRY [OJHA, J.] 41
\
(, 1 These cases were then posted before this Bench for hearing. On
A
the respective submissions made by learned counsel for the parties, the
J following points, in our opinion, arise for consideration:

(i) whether the procedure adopted by the Committee with
regard to the sequence in which witnesses were to be
examined was legal? B

(ii) Whether Smt. Kiran Bedi and Jinder Singh, the two
petitioners, fell within the category of persons contemp-
lated. by Section 8-B of the Act and were consequently
entitled to the same treatment as was accorded by the Com-
mittee to the persons to whom notice had been issued by it c
under the said Section?

(iii) whether the Committee was justified in calling upon the
two petitioners to stand in the witness box for cross-
examination almost at the very initial stage of the inquiry?
D
(iv) whether the orders of the Committee directing prosecution
of the two petitioners under Section 178 IPC are legal?

(v) whether an appeal is maintainable against filing of comp-
laint, the same being an administrative Act?
E
(vi) whether a challenge to the filing of the complaint is
infructuous inasmuch as the order issuing summons to the
petitioners passed by the Magistrate upon the complaints
filed against them had not been challenged?

(vii) whether it is a fit case for interference by this Court at this F
stage with the filing of complaint, it being open to the
petitioners to prove themselves to be innocent before the
magistrate?

With regard to point No. (i), we are of the opinion that apart
from the directions contained in paragraph 4 of our order dated 18th G
August, 1988 regarding the stage at which persons falling under
Section SB of the Act were to be examined and also what has been
observed in paragraph 2 of the said order, we do not find it expedient
to lay down any particular rigid procedure to be followed by the Com,
mittee with regard to sequence in which witnesses were to be examined
~~ H
42 SUPREME COURT REPORTS [19S9) 1 S.C.R.

A Consequently, we find it unnecessary to consider in any further
detail, the submissions made by counsel for the parties on this point.
In so far as point No. (ii) is concerned, it would be ~een that the use of
the word 'or' between clauses (a) and (bJ of Section SB of the Act
makes it clear that Section SB would be attracted if requirement of
either clause (a) or clause (b) is fulfilled. Clause (a) of Section SB
B applies when the conduct of any person is to be enquired into whereas
Clause (b) applies to a case where reputation of a person is likely to be
prejudicially affected. As .egards the enquiry about the conduct of
Smt. Kiran Bedi and Jinder Singh, even the Committee in its interim
report specifically stated that the conduct of these two petitioners
among others was to be examined. Having once so stated in unequi-
vocal terms, it was not open to the Committee to still take the stand
c that Section SB was not attracted in so far as they were concerned.
Recourse to procedure under Section S-B is not confined to any
particular stage and if not earlier, at any rate, as soon as the Commit-
tee made the aforesaid unequivocal declaration of its intention in its
interim report, it should have issued notice under section S-B to the
D two petitioners, if it was of the view as it seems to be, for which view
there is apparently no justification, that issue of a formal notice under
section 8-B was the sine-qua-non for attracting that Section. At all
events, the Committee could not deny the petitioners the statutory
protection of Section 8-B by merely refraining from issuing a formal
notice even though on its own declared intention the section was
E clearly attracted.

In State of Jammu and Kashmir v. Bakshi Ghulam Mohammad,
[ 1966] Suppl. S.C.R. page 401, while dealing with Section 10 of the \_
Jammu and Kashmir Commission of Enquiry Act, 1962, which seems J,
to be an amalgam of Section 8-B and 8-C of the Commissions of
F Enquiry Act, 1952 and repelling the argument that section 10 applied
only when the conduct of a person came to be enquired into inciden-
tally and not when the Commission had been set up to enquire directly
into the conduct of a person, it was held:

"If a Commission is set up to inquire directly into the con-
G duct of a person, the Commission must find it necessary to
inquire into that conduct and such a person would, there-
fore, be one covered by s. 10. It would be strange indeed if
the Act provided for rights of a person whose conduct inci-
dentally came to be enquired into but did not do so in the
case of persons whose conduct has directly to be inquired
H into under the order setting up the Commission. It would
KIRAN BED! v. COMMITIEE OF INQUIRY (OJHA, J.) 43

be equally strange if the Act contemplated the conduct of a
A
person being inquired into incidentally and not directly.
What can be done indirectly should obviously have been
considered capable of being done directly."

In State of Karnataka v. Union of India & Another, [1978], 2
S.C.R., page 1, with reference to Section 8-B of the Act, it was held at B
page 108 of the report that it was undeniable that the person whose
conduct was being enquired into was exposed to the fierce light of
publicity.

Keeping in view the nature of the allegations·made in the state-
ments of case and the supporting affidavits filed on behalf of the vari-
ous Bar Associations including the Delhi High Court Bar Association C
requirement of even Clause (b) of Section 8-B was filfilledinasmuch as
·if those allegations were proved they were likely to prejudicially affect
the reputation of the two petitioners. Indeed, in view of the term of
reference which contemplated taking of "stringent action" against
all those responsible, even the career of the JJetitioners. as D
Police officers was likely to be affected in case an adverse finding was
recorded against them. In view of the aforesaid specific term of refer-
ence, the principle that the report of a Commission of Enquiry has no
force proprio vigore does not on a pragmatic approach to the consequ-
ences seem to constitute sufficient safeguard so far as the petitioners
are concerned. E

The reason for the importance attached with regard to the matter
of safeguarding the reputation of a person being prejudicially affected
in Clause (b) of Section 8-B of the Act is not far to seek.

The following words of caution uttered by the Lord to Arjun in F
Bhagwad Gita with regard to dishonour or loss of reputation may
usefully be quoted:

"Akirtinchapi Bhutani Kathaishyanti te-a-vyayam,
Sambhavitasya Chakirtir maranadatirichyate." (2.34) (Men
will recount thy perpetual dishonour, and to one highly G
esteemed, dishonour exceedeth death.)

In Blackstone's commentary of the laws of England, Vol-I, IVth.
Edition, it has been stated at page 101 that the right of personal secu-
rity consists in a person's legal and uninterrupted enjoyment of his life,
his limbs, his body, his health and his reputation. H_
44 SUPREME COURT REPORTS [1989] 1 S.C.R.
.. ~
A In Corpus Juris Secundum, Vol. 77 at page 268 is to be found the
statement of law in the following terms:

"It is stated in the definition Person, 70 C.J .S. p. 688 note
66 that legally the term "person" includes not only the
physical body and members, but also every bodily sense
B and personal attribute, among which is the reputation a
man has acquired. Blackstone in his Commentaries clas-
sifies and distinguishes those rights which are annexed to
the person, jura personarum, and acquired rights in exter-
nal objects, jura rerum; and in the former he includes
personal security, which consists in a person's legal and
uninterrupted enjoyment.of his life, his limbs, his body, his
c health, and his reputation. And he makes the correspond-
ing classification of remedies. The idea expressed is that a
inan's reputation is a part of himself, as his body and limbs
are, and reputation is a sort of right to enjoy the goods
opinion of others, and it is capable of growth and real
D existence, as an arm or leg. Reputation is, therefore, a
personal right, and the right to reputation is put among
those absolute personal rights equal in dignity and import-
ance to security from violence. According to Chancellor
Kent, "as a part of the rights of personal security, the pre-
servation of every person's good name from the vile arts of
E detraction is justly included. The laws of the ancients, no
less than those of modem nations, made private reputation
one of the objects of their protection. ,

The right to the enjoyment of a good reputation is a
valuable privilege, of ancient origin, and necessary to
F human society, as stated in Libel and Slander S. 4, and this
right is within the constitutional guaranty of personal sec-
urity as stated in Constitutional La S. 205, and a person
may not be deprived of this right through falsehood and
violence without liability for the injury as stated in Libel
and Slander S. 4.
G
Detraction from a man's reputation is an injury to his
personality, and thus an in jury to reputation is a personal
+·
injury, that is, an injury to an absolute personal right."

In D.F. Marion v. Davis, 55 American Law Reports, page 171, it
H was held:
KIRAN BED! v. COMMITIEE OF INQUIRY IOJHA, J.] 45

"The right to the enjoyment of a private reputation,
A
unassailed by malicious slander is of ancient origin, and is
necessary to human society. A good reputation is an ele-
ment of personal security, and is protected by the Constitu-
tion equally with the right to the enjoyment of life, liberty,
and property."
B
In v:ew of the foregoing discussion and the reasons already
stated in our order dated 18th August 1988, we are of the view that the
two petitioners namely, Smt. Kiran Bedi and Jinder Singh clearly fell
within the category of persons contemplated by section 8-B of the Act
and were consequently entitled to the same treatment as has been
accorded by the Committee to the persons to whom notice has been C
issued by it under the said section. As a consequence, we are further of
the opinion that our answer to point No. (iii) has to be that the Com-
mittee was not justified in calling upon the two petitioners to stand in
the witness box for cross-examination at the very initial stage of the
enquiry. In this connection, it has to be borne in mind that Section 8-B
inter alia contemplates an opportunity being given to the person gover- D
ned by the said section to produce evidence in his defence whereas
Section 8-C inter alia gives him the right to cross-examine the witnesses
who depose against him. Not only that calling upon a person governed
by Section 8-B to produce evidence in his defence at the very inception
of the inquiry is a contradiction in terms inasmuch as in this situation
such a person would really be required to disprove statements prejudi- E
cial to him of such witnesses who are yet to be examined, it would also
reduce the right of cross-examination by such person to a mere forma-

'
lity for the obvious reason that by the time the witnesses who are to be
cross-examined are produced, the defence of such person which would
~ normally constitute the basis for the line and object of cross-
eirnmination would already be known to such witnesses and they are F
likely to refashion their statements accordingly.

Perhaps in a case where there is no other witness to give informa-
tion about the alleged incident about which the inquiry is being held
and the only person or persons who would give such information is or
are the person or persons who are likely to be adversely affected by the G
inquiry, it may be necessary to depart from the above view as a matter
of necessity. Bu.I this is not one such case. There are admittedly any
number of other persons who can give evidence about what happened
on the relevant dates.

Learned counsel for the various Bar Associations who shall H
46 SUPREME COURT REPORTS 11989] 1 S.C.R.

A hereinafter be referred to as learned counsel for the respondent expre-
ssed an apprehension that in case a person governed by Section 8-B
was to be examined at the end and at that stage such person even at the
risk of not producing his defence, for some reason, chooses not to
appear as a witness, the Committee would be deprived of knowing the
facts in the knowledge of such person and such a course would obvi-
B ously hamper the enquiry. To us this apprehension seems to be more
imaginary than real inasmuch as the power of the Commission to call
upon any person to appear as a witness under Section 4 of the Act
which in terms is very wide and is not circumscribed by fetters of stage,
will be available to the Commission and the Commission would be
entitled to call such person as a witness even at that stage.
c Before parting with these points we may point out that learned
counsel for the respondent cited several authorities in support of the
principle that the report of a Commission of Inquiry which was only a
fact finding body did not have force proprio vigore and was only re-
commendatory in nature. Since the principle is well-settled we have
D not considered it necessary to deal with those authorities. Likewise
some cases were cited with regard to claim of privilege by a witness.
Since the petitioners are not claiming any privilege but are only claim-
ing to be treated in a reasonable way as persons governed by Section
8-B of the Act and to be meted out the same treatment which has been
given to persons falling in that category, those cases also are not neces-
E sary to be dealt with.

Now we come to the fourth point namely whether the orders of
the Committee directing prosecution of the petitioners under Section
178 l.P.C are legal. In order to appreciate the respective submissions
of the learned counsel for the parties on this point it will be useful to
F reproduce here Sections 178 and 1791.P.C They read:

"178. Refusing oath or affirmation when duly required by
public servant to make it.-Whoever refuses to bind him-
self by an oath or affirmation to state the truth, when
required so to bind himself by a public servant legally com-
G petent to require that he shall so bind himself, shall be
punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one
thousand rupees, or with both.

179. Refusing to answer public servant authorised to
H question. Whoever, being legally bound to state the truth
KIRAN BED! v. COMMITIEE OF INQUIRY IOJHA, J.} 47

on any subject to any public servant, refuses to answer any
A
question demanded of him touching that subject by such
public servant in the exercise of the legal powers of such
public servant, shall be pusnished with simple imprison-
ment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with·
both." 8

The Committee had in the instant case directed a complaint to be
filed against each of the petitioners for an offence punishable under
Section 1781.P.C. and subsequently filed complaints accordingly. The
charge against the petitioners, therefore, was of refusal to bind
themselves by an oath or affirmation to state the truth on being called C
upon to do so. Section 1791.P .C. in the context becomes relevant in so
far as it deals with the consequences of refusal by the person con-
cerned to answer questions demanded of him touching that subject
with regard to which such person had bound himself to state the truth
under Section 178. The context in which the two petitioners were
required to bind themselves by an oath or affirmation to state the truth D
was to face cross-examination. The petitioners were obviously placed
on the horns of a dilemma. If they refused to bind themselves by an
oath or affirmation to state the truth they became liable to be
punished with simple imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with
both. If on the other hand they had to bound themselves and thereat- E
ter refused to answer any question as contemplated by Section 179
they would have again become vulnerable to identical punishment.

The problem in the aforesaid background presents two proposi-
tions: ( 1) whether on the belief that they were persons covered by
Section 8-B of the Act the petitioners could avoid the consequences of F
Sections 178 and 179 l.P.C by claiming absolute immunity from bind-
ing themselves by an oath or affirmation for ·answering questions put
to them and (2) whether they could avoid those consequences if they
had valid justification for refusing to take oath or affirmation without
claiming an absolute immunity from binding themselves by an oath or
affirmalion. The answer to the first proposition, in our opinion, has to G
be in the negative whereas of the second in the affirmative. Our
reasons for this conclusion are these:

In McGrain v. Daugherty, 71 L.ed. 580 one of the questions
which arose for consideration was whether the Senate-or the House
of Representatives, both being on the same plane in this regard- has H
48 SUPREME COURT REPORTS [1989] 1 S.C.R.

power, through its own process, to compel a private individual to
A
appear before it or one of its committees and give testimony needed to
enable it efficiently to exercise a legislative function belonging to it
under the Constitution. It was held that the power of inquiry--:--with
process to enforce it-is an essential and appropriate auxiliary to the
legislative function and that the provisions in this behalf are not of
B doubtful meaning, but "are intended to be effectively exercised, and
therefore to carry with them such auxiliary powers as are necessary
and appropriate to that end. While the power to exact information in
aid of the legislative function was not involved in those cases, the rule
of interpretation applied there is applicable here. A legislative body
cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect or
c change; and where the legislative body does not itself possess the
requisite information-which not infrequently is true-recourse must
be had to others who do possess it. Experience has taught that mere
requests for such information often are unavailing, and also that infor-
mation which is volunteered is not always accurate or complete; so
D some means of compulsion are essential to obtain what is needed. All
this was true before and when the Constitution was framed and
adopted, In that period the power of inquiry-with eQforcing
process-was regarded and employed as a necessary and appropriate
attribute of the power to legislate-indeed, was treated as inhering in
it. Thus there is ample warrant for thinking, as we do, that the con-
E stitutional provisions which commit the legislative function to the two
houses are intended to include this attribute to the end that the func-
tion may be effectively exercised."

On these findings, with regard to refusal by the witness to appear
and testify before the Committee and being attached as a.consequence
F thereof, it was held:

"We conclude that the investigation was ordered for a
legitimate object; that the witness wrongfully refused to
appear and testify before the Committee and was lawfully
11ttached; that the Senate is entitled to have him give
G testimony pertinent to the inquiry, either at its bar or
before the committee; and that the district court erred in
discharging him from custody under the attachment."

In Uphaus v. Wyman (3 L.ed 2d 1090) a witness at an investiga-
tion by the Attorney General of the State of New Hampshire. con-
H ducted pursuant to a resolution of the State legislature authorizing the
KIRAN BED! v. COMM!TfEE OF INQUIRY [OJHA, J.] 49

../ - Attorney General to determine whether there were subversives within
A
the state, refused to obey a subpoena calling for the production of a list
of persons who were guests at a camp operated within New Hampshire
by a voluntary corporation of which the witness was executive
director. On petition of the Attorney General, the Merrimack Country
Court called the witness before it and the witness again refused to
~ produce the information, asserting, first, that, by the Smith Act B
(18 USC s. 2385), Congress had so completely occupied the field of
subversive activities that the states were without power to investigate
in that area, and, second, that the due process clause precluded en-
~ forcement of the subpoena. The court rejected the witness' argument.
and, upon his continued refusal to produce the list, adjudged him in
contempt and committed him to jail until he should comply. The
. Supreme Court of New Hampshire affirmed, and even after remand by
c
1- the United States Supreme Court it reaffirmed its former decision. On
appeal, while affirming the decision of the Supreme Court of New
Hampshire the United States Supreme Court held that since the
Attorney General sought to learn if subversive persons were in the
State because of the legislative determination that such persons, D
statutorily defined with a vfow toward the Communist Party, posed a
serious threat to the security of the State, the investigation was under-
..L.. taken in the interest of self-preservation and this governmental in-
terest outweighed individual rights in an associational privacy which,
however, real in other circumstances were here tenuous at best. It was
further held that "the governmental interest in self-preservation is E
' -''·
sufficiently compelling to subordinate the interest in associational pri-

I vacy of persons who, at least to the extent of the guest registration
statute, made public at thv inception the association they now wish to
-,·J_ keep private. In the light of such a record we conclude that the State's
_ }. interest has not been "pressed, in this instance, to a point where it has
come into fatal collision with the overriding" constitutionally protec- F
ted rights of appellant and those he may represent."

In Sinclair v. United States, (73 L.ed. 692 it was held:

"Neither Senate Joint Resolutation 54 nor the action taken
under it operated to divest the Senate or the committee of G
power further to investigate the actual administration of
the land laws. It may be conceded that Congress is without
authority to compel disclosures for the purpose of aiding
the prosecution of pending suits; but the authority of that
body, directly or through its committees, to require perti-
nent disclosures in aid of its own constitutional power, is H
50 SUPREME COURT REPORTS [1989] 1 S.C.R.

not abridged because the information sought to be elicited
A may also be of use in such suits."

In Kastigar v. United States, (32 L Ed 2d 212) the United States
District Court for. the Central District of California· ordered the
petitioners to appear before a grand jury and to answer its questions
B under a grant of immunity. The immunity was based upon a provision
of the Organized Crime Control Act of 1970 stating that neither the
compelled testimony nor any information directly or indirectly derived
from such testimony could be used against the witness. Notwithstand-
ing the grant of immunity, the petitioners refused to answer the grand
jury's questions and were found in contempt. The United States Court
of Appeals for the Ninth Circuit affirmed (440 F2d 954), rejecting the
c petitioners' contention that it violated their constitutional privilege
against self-incrimination to compel them to testify without granting
them transactional immunity from prosecution for any offence to
which the compelled testimony might relate.

D On certiorari, the United States Supreme Court affirmed. It held
that the power of government to compel persons to testify in court or
before grand juries and other governmental agencies was firmly
established but was not absolute, being subject to a number of exemp-
tions, the most important of which was the Fifth Amendment privilege
against self-incrimination. With reference to Federal Statute (18 USCS
E s. 6002) it was held:

"That a federal statute permitting the government to '
compel a witness to give testimony, but granting the
witness immunity from the use in any criminal ·case of the ~-
compelled testimony or any evidence derived therefrom,
F does not violate the Fifth Amendment privilege against
self-incrimination."

In Brown v. Walker, (40 L.ed. 819) the question involved was
with regard to an alleged incompatibility between that clause of the
5th Amendment to the Constitution, which declares that no person
G "shall be compelled in any criminal case to be a witness against him-
self" and the act of Congress of February 11, 1983 (27 Stat. at L. 443), ·+
which enacts that" no person shall be excused from attending and
testifying or from producing books, papers, tariffs, contracts, agree-
ments and documents before the Interstate Commerce Commission,
or in obedience to the subpoena of the Commission, ...... on the
H ground or for the reason that the testimony or evidence, documentary
KIRAN BED! v. COMMITTEE OF· INQUIRY [OJHA, J.[ 51

or otherwise, required of him, may tend to criminate him or subject
A
him to a penalty or forfeiture. But no person shall be prosecuted or
subjected to any penalty or forfeiture for or on account of any transac- •
tio!,l, matter, or thing concerning which he may testify, or produce
evidence, documentary or otherwise, before said Commission, or in
obedience to its subpoena, or either of them, or in any such case or
_j proceeding." It was held: B
'
"It is entirely true that the statute does not purport, nor is
it possible for any statute, to shield the witness from the
personal disgrace or opprobrium attaching to the exposure
of his crime; but, as we have already observed, the
authorities are numerous and very nearly uniform to the
effect that, if the proposed testimony is material to the
c
issue on trial, the fact that the testimony may tend to
degrade the witness in public estimation does not exempt
him from the duty of disclosure. A person who commits a
criminal act is found to contemplate the consequences of
exposure to his good name and reputation, and ought not D
to call upon the courts to protect that which he has himself
esteemed to be of such little value. The safety and welfare
of an entire community should not be put into the scale
+. '
against the reputation of a self-confessed criminal, who
ought not, either in justice or in good morals, to refuse to

-
disclose that which may be of great public utility, in order E
that his neighbors may think well of him. The design of the
constitutional privilege is not to aid the witness in vindicat-
ing his character, but to protect him against being compel-
led to furnish evidence to convict him of a criminal charge.
If he secure legal immunity from prosecution, the possible
, impairment of his good name is a penalty which it is reason- F
able he should be compelled to pay for the common good.
If it be once conceded that-the fact that his testimony may
tend to bring the witness into disrepute, though not to
incriminate him, does not entitle him to the privilege of
silence, it necessarily follows that if it also tends to incri-
minate, but at the sarrie time operates as a pardon for the G
offence, the fact that the disgrace remains no more entitles
him to immunity in this case than in the other."

It is in this view of the matter and in view of the provisions
contained in Sections 4 to 6 of the Act and the rules framed thereunder
that we are of the opinion that the petitioners on the belief that they H
52 SUPREME COURT REPORTS 11989) 1 S.C.R.

were persons covered by Section SB could not avoid the consequences
A
of Sections 17S and 179 by claiming absolute immunity from binding
themselves by an oath or affirmation for answering questions put to
them.

Indeed in the instant case the petitioners are not asserting that
B they could not be required at all to appear as a witness before the
Committee and make statement on oath. As is apparent from our
order dated 18th August, 19SS on behalf of both the petitioners it was
submitted that they did not either wish to delay the proceedings or to
show disrespect to the Committee but only wanted to protect their own
interest by making the submission which they made before the Com-
mittee as per legal advice given to them. According to learned counsel
c for the petitioners the legal advice given to the petitioners was that
since they were persons covered by Section SB of the Act they were
entitled to produce evidence in defence and could as such be called
upon to enter the witness box at the end of the inquiry and could not
be required to enter the witness box for cross-examination almost as
D the first two witnesses before the Committee. According to him the
stand taken by the petitioners was that they being covered by Section
SB of the Act their defence would be put to serious jeopardy and will
be prejudicially affected if they were required to appear in the witness
box for cross-examination at the very inception of the inquiry even
before statements of witnesses proving the accusations against the
E petitioners had been recorded which they were entitled to defend.
That this was really the case of the petitioners will be apparent from
our discussion a little later. In this background we pass on to the
second proposition referred to above namely whether the petitioners
could avoid the consequences contemplated by Sections 178 and 179
I. P. C by putting forth valid justification for refusing to bind
-
F themselves by oath or affirmation even without claiming an absolute
immunity from binding themselves by an oath or affirmation.

In Watkins v. United States, 1 L.ed. 2d 1273 a union officer,
appearing as a witness before a subcommittee of the House Committee
on Un-American Activities, refused to answer questions as to past
G Communist Party membership of certain persons, objecting to the
questions on the ground of lack of pertinency to the subject under
inquiry by the subcommittee. In a prosecution in the United States
+
District Court for the District of Columbia, he was convicted of violat-
ing the statute providing for criminal punishment of witnesses before
congressional committees who refuse to answer any question pertinent
H to the question under inquiry, and the conviction·was affirmed by the
KIRAN BED! v. COMMffTEE Of INQUIRY [OJHA, J.[ 53

United States Court of Appeals for tile pistrict of Columbia Circuit.
A
On certiorari, the United States Supreme Court reversed the convic-
tion. Warren, Chief Justice, speaking for the five lllembers of the
Court, ruled that to support a_ conviction under a statute a congres-
sional investigating committee must, upon objection of a witness on
!lie grounds of perti11ency, s\ate fpr the record the supject under
inqniry !!l tl!!!t time ;im! the m1mner in whi~lt th<; prppcmn<!ecl ques- B
tions ~re pertinent \lwreto. Consequently refusal to answer a question
on the grot1nd that it was not pertinent, was found to be a valid
justification.

In Flaxer v. United S(ates, 3 L.eg. 4d 183 relyi!1g 011 tlte decision
ill Watkins (Supra) that th<; courrn must accord to the cjefe!ldants every
right which is guarnnteed to <Jef1rn\!ants in all other crimi!lal cases it
c
was held that one of these guara11tees is proof beyon<j a rnasonable
doubt that tile refusal of the witne,ss was deliberate a11d intelltional.
Tl!is qe9ision is. therefore. an aut!wri\y for the proposition tltat if the
rnf\lsal of the witness was not de!ibrn1te <1nd intentiC>nal P\ll was for
a valid cause such refusal could n()t be made tlte basis fC>r pr{)see\lting D
t\le witness.

111 Mwpfiy v._ Wqterfron_t Comm/$si9n of New Ywk. ii Le9. ~d
67& m1twi\hstanc:jing the 'grant of imm\1!1ity umler the laws Qf New
Je,rsey ancl New York, petitioners, as wit11esses before the Waterfront
f'ominission of New York Harbor, refused to answer questions on the E
ground that the answers might tencl to incriminate them under fe<jeral
law, to wlJi~h the grant qf immunity did not purport to extend,
fetitioners were \hern\lPPll held i11 civil an<! criminal contempt of
e!1Urt, Tlie New Jers,ey S\ll'fe!lle Co1!fl affirmecj \lte civi! con\emp\
ill!.lgmc;o11\s, hok!ing tli'lt a st'lte may rnnstit11tionally compel a witness
io gjve testimony which wight !Je µ~ecj in 'l federnl Prosec~tion against F
him_, On certiorari, the Unitecj Sta\es Sl!preme Cpur\ v3cat~d \lie· jµdg-
ment of contempt and re111and~cj the caµse to the N~w Jl'rsey Supr~me
<;ourt. It was held:

'',., We hold the constitutional rule to .be tl!at a state
witness may 110! be compl'lled tp give testimony which may G
b~ incriminating 1111\lw federal law un!~ss the cqmpelled
\estimo!ly ancj it& fruits ~l\nllot be l)sed in any ma_nner by
f~deral qffieil!ls in rn11nl'!'lio11 with a 9rimip;i! pros~~µtim1
~~~imt him- We eo!lcl11\le, !11()fe<!Ver. t!J!!t in Qr\IH IQ
implem~nt \tiis 9011s\itl!tiQ!ll\l r11!e ;im! l\"9'mrn<!c!~t~ tile
intl'rests of the Sta\<; an<l Fedl'rn! QQVe!11!!1~!1l§ ill I-!
54 SUPREME COURT REPORTS I1989] I S.C.R.

investigating and prosecuting crime, the Federal Govern- ,,.\,-
A ment must be prohibited from making any such use of com-
pelled testimony and its fruits. This exclusionary rule,
while permitting the States to secure information necessary
for effective law enforcement, leaves the witness and the
Federal Government in substantially the same position as if
B the witness had claimed his privilege in the absence of a
state grant of immunity. It follows that petitioners here '!--
may now be compelled to answer the questions propounded
to them. At the time they refused to answer, however,
petitioners had a reasonable fear, based on this Court's
decision in Feldman v. United States, supra, that the federal
µ
authorities might use the answers against them in connec-
c tion with a federal prosecution. We have now overruled
Feldman and held that the Federal Government may make ·- j...·
no such use of the answers. Fairness dictates that peti-
tioners should now be afforded an opportunity, in light of
this development, to answer the questions. Accordingly,
D the judgment of the New Jersey courts ordering petitioners
to answer the questions may remain undisturbed. But the
judgment of contempt is vacated and the cause remanded
to the New Jersey Supreme Court for proceedings not
inconsistent with this opinion." _...\..

E Jn this case also it is, therefore, clear that a valid justification put
forth by the witness was considered to constitute sufficient ground to
make him immune from prosecution. •
We have already pointed out in our order dated 18th August,
1988 that if the Committee had found that the petitioners were covered
F by Section 8B of the Act it would most probably itself not have
required them to get into the witness box for being cross-examined till
<

x
the end of the inquiry. We have reached this conclusion from the
circumstances that it is the Committee's own view as expressed in its
order dated 29th June, 1988 that persons covered by Section 8B have
to be examined at the end of the inquiry. That the case of the peti-
G tioners in not taking oath for being cross-examined at the very initial
stage was based on Section 8B seems to be apparent. The plea taken in
the application made on beahlf of the Commissioner of Police on 17th i-
May, 1988 for first calling upon the Bar Association to start their
evidence and to call upon the Commissioner of Police to adduce his
evidence thereafter was the first indication in this behalf. This plea
H was, at all events, relevant qua those police officers whose conduct was
KIRAN BED! v. COMMITfEE OF INQUIRY [OJHA, J.J 55

~k to be examined. Secondly, when on 19th May, 19SS the learned A
counsel for Smt. Kiran Bedi was required to justify her stand of not
taking oath, Section SB was specifically pleaded and reliance was
placed on the decision in the case of Smt. Indira Gandhi and another v.
Mr. J. C. Shah Commission of Inquiry, ILR 19SO 1 Delhi 552 as is
borne out by the order of the Committee of that date. The justification
----'< so pleaded was repelled by the Committee on two grounds, namely B
that Smt. Indira Gandhi in that inquiry had not filed any affidavit and
that she had been summoned under Section SB. On the view of the
Committee expressed in its order dated 29th June, 19SS, which will, in
~ the absence of any material to the contrary, be deemed to be its view
' even on 19th May, 19SS, that persons covered by Section SB were to
be examined at the end of the inquiry, the fact that an affidavit of Smt. C
Kiran Bedi was on record could hardly justify her being called upon to
·t-- enter the witness box at the very inception. As regards the second
ground we have already held that the fact that no formal notice had
been issued under Section SB would constitute no justification for not
treating a person to be covered by that section, if otherwise the ingre-
dients of the said section were made out: D

As regards Jinder Singh the order of the Committee dated 26th
May, 19SS quoted earlier indicates that Jinder Singh had clearly stated
+--.that he is not prepared to take the oath because he is in the nature of
an accused and he cannot be asked to start the evidence and would be

-
prepared to come in the witness box after the evidence of other party is E
recorded: Jinder Singh did not state that he was an accused before
the Committee. In saying that he was "in the nature of" an accused be
obviously meant that since his conduct was to be examined as contem-
__j' plated by Section SB he was entitled to appear as a witness in his
·· fl defence after the witnesses on behalf of the Bar Association which was
accusing him had been examined. Had the Committee not been F
labouring under the misapprehension that the petitioners were not
covered by Section SB, because no notices under that section had been
issued to them, notwithstanding the fact that their conduct was to be
examined on its own declared intention, it would obviously not have
required the petitioners to take oath for being cross-examined at the
stage at which it did so. The subsequent orders of the Committee G
~ . directing complaints to be filed against the petitioners for an offence
punishable under Section 17S 1.P.C. and the act of filing such comp-
laints apparently were the consequences of the aforesaid misapprehen-
sion. We have already held that the petitioners were covered by Sec-
tion SB of the Act. The action of the Committee in compelling the
petitioners to enter the witness box on the dates in question for being H
56 SUPREME COURT REPORTS [1989) 1 S.C.R.

cross-examined, when even according to it as is apparent from its
J,:.
A
order dated 29th June, 1988, persons similarly situated were to do so at
the end of the inquiry, was in itself discriminatory. There was, there-
fore, valid justification for the refusal by the petitioners to take oath
for cross-examination at the stage when they were required to do so.
The Committee could have on its own reconsidered the question
B whether the prosecutions should be pressed further when the case was ~
referred back to it by the learned Vacation Judge of this Court by his
order dated 2nd)une, 1988. For these reasons and the reasons already
given in our order dated 18th August, 1988 we are of the opinion that
the Committee should not have in the instant case directed the filing of
a complaint against either of the petitioners for an offence punishable
under Section 178 I.P.C. We decide point (iv) accordingly.
c
+
As regards points (v), (vi) and (vii) suffice it to point out that the
petitioners have apart from filing special leave petitions also filed writ
petitions challenging the very same orders and since we have held that
the action of the Committee in holding that the petitioners were not
D covered by Section 88 of the Act and compelling them to enter the
witness box on the dates in question was discriminatory and the orders
directing complaint being filed against the petitioners were illegal, it is
apparently a case involving infringement of Articles 14 and 21 of the
Constitution. In such a situation the power of this Court to pass an A
appropriate order in exercise of its jurisdiction under Articles 32 and
E 142 of the Constitution cannot be seriously doubted particularly
having regard to the special facts and circumstances of this case. On
the orders directing filing of complaints being held to be invalid the
consequential complaints and the proceedings thereon including the
orders of the Magistrate issuing summons cannot survive and it is in "l-
this view of the matter that by our order dated 18th August, 1988 we !\
-
F have quashed them. As regards the submission that it was not a fit case
for interference either under Article 32 or Article 136 of the Constitu-
tion inasmuch as it was still open to the petitioners to prove their
innocence before the Magistrate, suffice it to say that in the instant
case if the petitioners are compelled to face prosecution in spite of the
finding that the orders directing complaint to be filed against them
(i were illegal it would obviously cause prejudice to them. Points (v), (vi)
l}nd (vii) are decided accordingly. +
These, apart from those stated in our order dated 18th August,
1988 are our reasons for the said order.

H N.P.V.