Take independent decision on Sawant Commission report, HC tells Govt

Aurangabad, Maharashtra, Apr 4 (UNI) The Aurangabad division bench of the Bombay High Court today told the State Government that its decision on the Justice Sawant Commission report should not be under the influence of a task force or the Sukhthankar Committee.

While admitting a public interest litigation, filed by a social activist Kerba Gadhve, the bench, comprising justices N V Dabholkar and M G Gaikwad, in its interim order observed that if Government desired to take any decision on the Justice Sawant Commission report, the decision should not be influenced by the subsequent Commission and task force recommendations.

However, the court allowed the Government to avail counselling from legal luminaries including the chairman and members of the commitee appointed by it as per general resolution dated January 31, 2006.

The petitioner had challenged the notification and a GR issued by the State Government dated April 25, 2005 and January 31, 2006 respectively and prayed for quashing and setting aside the same.

The petitioner also told the court that the Government has submited the Sawant Commission report before the House without the action taken report.

As per provisions of Act and more particularly as per section 3 sub clause 4 of the inquiry act, it was binding on the Government to submit the report of the commission along with the ATR, the petitioner has said.

The State Government had set up the one-man Justice P B Sawant Commission on September 1, 2003 after anti-corruption crusader Anna Hazare launched an indefinite fast, seeking a probe into the affairs of three Maharashtra ministers. The Commission submitted its report to the Government on February 23, 2005.

The State Government, later, appointed a task force to seek its views and advice on the Sawant Comission report. The task force was constituted on September 22, 2005 and, later, a committee was appointed on January 31, 2006 under the chairmanship of Mr Ravi Kadam.

UNI MPJ MAZ PA PC2229