Huzra Bee Vs. The State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 9060 of 2017, Judgment Date: Jul 13, 2017

Law laid down -

In view of the Constitutional Bench judgment in the case of Shri Ram Krishna Dalmia Vs. Shri Justice S. R. Tendolkar and others (AIR 1958 SC 538), seven Judge Bench decision in State of Karnataka Vs. Union of India (AIR 1978 SC 68) and law laid down in Kehar Singh and Anr. Vs. State of Delhi Admn. (AIR 1988 SC 1883), function of the Commission appointed under the Commissions of Inquiry Act, 1952 is merely to investigate and record its findings/recommendations for information to the Government. It has no power to enforce them. Such inquiry or report cannot be looked upon as a judicial inquiry and Courts are not bound by such report as they have to arrive at their own decision on basis of evidence on record.

Right of reputation is an “individual fundamental right” enshrined under Article 21 of the Constitution and does not survive to the legal representatives. On basis of maxim 'actio personalis moritur cum persona’ and in terms of Clause 8B(b) of the Act of 1952 cause of action for defamation or right of cross examination for harm caused to reputation, even if the findings of the Commission touches the reputation of deceased under trials, is conferred only to those persons whose reputation is likely to be affected and not to the family members –Reliance is placed upon various decisions and recent Supreme Court judgment in Subramanian Swamy Vs. Union of India and others reported as (2016) 7 SCC 221.

Huzra Bee Vs. The State of Madhya Pradesh and others