IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12478 of 2007(I)
1. G.RAMAN NAIR, FORMER PRESIDENT,
... Petitioner
Vs
1. THE HIGH POWER COMMISSION APPOINTED BY
... Respondent
2. STATE OF KERALA REPRESENTED BY
3. THE DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/05/2007
O R D E R
H.L.DATTU, C.J. & K.T. SANKARAN, J.
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W.P.(C).NO. 12478 OF 2007
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Dated this the 24th day of May, 2007
JUDGMENT
H.L.DATTU, C.J.
The reliefs sought for in this Writ Petition are:
i) To declare that the first respondent commission
has no powers to exercise any of the powers of a
constitutional court particularly under Article
226 of the Constitution of India and its actions
in constituting a team of police officers to
conduct investigations, enquiries etc. are totally
void, unconstitutional and made in violation of
the provisions of the Code of Criminal Procedure.
ii) To call for the records leading upto Ext.P3
and quash the same by the issuance of a Writ of
Certiorari or any other appropriate writ, order or
direction.
2. At the time of entertaining this Writ
Petition, this Court had directed the learned
Government Advocate to seek necessary instructions from
the respondents.
3. The matter is posted again today for
admission.
W.P.(C)NO.12478 OF 2007
:: 2 ::
4. Learned Government Advocate on instructions
would submit that pursuant to the notice issued
(Ext.P3), the petitioner had appeared before the
respondents and his statement is recorded.
5. In view of this development, in our opinion,
for the present we need have to consider the first
relief of the petitioner.
Accordingly, we dispose of this Writ Petition.
Liberty is reserved to the petitioner to approach this
Court, if need arise in future. All the contentions of
both the parties are left open. Ordered accordingly.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
ahz/
