Indore (Madhya Pradesh): The Indore bench of Madhya Pradesh High Court has ordered the government to reply within four weeks as to why the report of the Jain Commission constituted to investigate the Mandsaur firing had not yet been tabled so far.
The order was passed on a PIL filed by former MLA Paras Saklecha who requested the court to order the government to present the Mandsaur firing report in the assembly.
Earlier on February 14, raising preliminary objection on this petition, the argument was presented by the government that the petition is not maintainable before the court. The main basis of the debate was that under section 3(4) of the Commission of Inquiry Act, the government cannot be ordered by the court to present the inquiry report before the assembly.
Petitioner argued that in case of violation of section 3(4) appropriate order can be given to the government to submit the inquiry report.
The court, considering the petition as maintainable, issued a notice to the government and ordered it to submit its reply to the petition within 4 weeks. Now the matter will be resolved based on merits and demerits.
The Jain Commission was formed under the chairmanship of Justice (retd) JK Jain. The commission had submitted its final report to the government on June 13, 2018. According to Section 3 of the Commission of Inquiry Act, 1952, it is the responsibility of the government to present the report of the commission of inquiry and the action taken according to the recommendation of the report in the assembly within 6 months. But to date neither any action has been taken by the government on the report nor the report has been presented in the Vidhan Sabha as per the Act.
The double bench of Justice Sushrut Arvind Dharmadhikari and Justice Prakash Chandra Gupta, while hearing the matter, issued a notice to the government and ordered it to submit its reply within four weeks. The petitioner was represented by Advocate Pratyush Mishra.
