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2020 (8) TMI 883 - SC - Indian LawsSeeking for issue of Writ of Mandamus - initiation of action with regard to the destruction of residential building and other properties of Accused-Vikas Dubey and to safeguard the life of the Accused - conflict of interest - HELD THAT:- The entire basis for making the allegations as contained in the miscellaneous petition is an Article relied on by the Petitioner said to have been published in the newspaper. There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper. In our view this Court will have to be very circumspect while accepting such contentions based only on certain newspaper reports. This Court in a series of decisions has repeatedly held that the newspaper item without any further proof is of no evidentiary value. The said principle laid down has thereafter been taken note in several public interest litigations to reject the allegations contained in the petition supported by newspaper report. In the case on hand, the Petitioner is a lawyer by profession who practices in Mumbai and has come up by way of Public Interest Litigation. Therefore, the allegations of bias made by him against the members of the Commission merely on the basis of newspaper reports and nothing more, are liable to be rejected outright. The Petitioner herein is an advocate who practices law in Mumbai, Maharashtra and is in no way connected to the incident in question which took place in U.P. However, the petition filed by him in public interest was accepted and the Commission of Inquiry consisting of persons who had held high position has been constituted. The enquiry held would be in public domain and the Petitioner has already been granted the liberty of participating therein. The report of the enquiry is ordered to be filed in the petitions which were filed before this Court. Therefore, there would be sufficient safeguard to the manner in which the inquiry would be held - the Petitioner has been raising unnecessary apprehensions and repeated applications are being filed which in fact is hampering the process of inquiry. The instant petition/application is without any merit and the same is accordingly dismissed.
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