Chief Minister Naveen Patnaik has left everybody surprised after announcing his decision to set up a judicial commission to probe into the multi-crore chit fund scams.
He also decided to request the Odisha High Court to spare the services of a sitting judge for undertaking the inquiry. While the opposition parties, including the Congress and the BJP say it is not possible in view of the Supreme Court’s order in regard to engagement of any sitting judge in any inquiry commission, the ruling BJD leaders view otherwise.
The Supreme Court in a previous order made it clear that the sitting judges could not be spared as cases were piling up the High Courts. And that was the reason as to why the State Government had earlier change a sitting HC judge who initially probed into the police firing incident at Kalinga Nagar.
Thereafter, all the Commissions of Inquiry were being headed by retired judges. However, several legal experts opine that the apex court has not put any ban on appointment of sitting judges as inquiry commissions. The Supreme Court allows appointment of judges under extraordinary situations, they said.
Interestingly, the terms of reference of the commission for probing chit fund scams also include the assignment of looking into the role of any politicians helping the tainted companies’ activities.