Thread by @barandbench

#SupremeCourt to hear case related to the inquiry commission panel that investigated the #DishaEncounter case. Justice Sirpurkar Commission's inquiry report on alleged encounter of the rape and murder accused will come up for hearing today

CJI: Yes report is submitted

Adv: ML Sharma is appearing

Counsel: on my letter petition the proceedings have begun. I was heard by the commission. Please allow my intervention #dishaencounter

Sr Adv Shyam Divan: please keep the report confidential

CJI: There is nothing confidential. Someone has been found guity and now state has to look into this HC has to take it and try the accused for the crime

Divan: please keep the report re-sealed

CJI: It is a public enquiry what is confidential is this? If you want I will read it out. We cannot monitor this case on daily basis. Question is what is the further course of action. let the matter proceed before HC and let copies be given to the parties.

Divan: it can go before trial court. We dont want the trial to be influenced in any way. one word here or there will have great ramifications.

CJI: when SC appoints a committee and a report comes on whoever's favour. what is the course open to the court?

Divan: but sealed cover has been followed

CJI: Let the HC conclude hearing. You will be heard as well.

CJI: What is the point of enquiring if the report is not given

Divan: it has happened earlier, Justice AK Patnaik had in a case worked on a report and submitted in sealed cover.

CJI: once report is there it HAS TO BE DISCLOSED. How will the verdict be dependable?

Divan: if it is unsealed it will have impact on administration of justice.

Justice Kohli: why should this court not put in public domain?

CJI: If its a situation of such grave situation like larger ramification for country then we will see. this is an encounter case

CJI: There is no question of our further examining of this. Let the report be transmitted to HC, The report will be given to both the sides. Then HC will look into it.

Divan: You have touched on the issue of national ramifications to make such report pic, the report can be re sealed before the HC. Or just take it up after vacations and then decide if it can be sealed or not

Adv Vrinda Grover: Even the report in Manipur killings under AFSPA was released to the public.

CJI: Ultimately some end has to be there. If you Mr Divan want adjournment then it is a different thing. Take 10 minutes consult your client and come back

Matter resumes

Adv GS Mani: Here milords

SC: Do not be so anxious. You just file several writ petitions just for the sake of publicity. Sorry to say

Mani: i am not even speaking

Sr Adv Divan yet to come

Grover: the commission hearings were all public and depositions were also taken in public. commission is only appointed when there is a chronic situation and lawlessness by police

Divan: there is suggestion that it can be taken after vacation or dont release it

SC: No the case will be sent to HC, The report by the Secretariat of the commission will send the report of the copies to parties. #dishaencounter

Grover: Please allow soft copies to be given instead of volumes

SC: okay we will do that.

SC: We direct commission to furnish soft copies of report to both sides and Parties are at liberty to make submissions. HC to take a call after considering submissions. All records sent to HC. #Dishaencounter