Case Note & Summary
The petitioner, M/s. DNA Entertainment Networks Private Limited, a media company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought quashing of a report dated 11.07.2025 submitted by the 3rd respondent, the Hon'ble Justice John Michael Cunha Commission of Inquiry, which had been constituted by the State Government. The petitioner alleged that the Commission had acted without jurisdiction and in violation of principles of natural justice by making adverse findings against the petitioner without providing any opportunity of hearing. The court examined the terms of reference of the Commission and found that the findings against the petitioner were beyond the scope of the inquiry. The court held that the Commission had exceeded its jurisdiction and violated natural justice. Consequently, the court allowed the writ petition and quashed the impugned report. The decision was pronounced on 21.11.2025 by a division bench comprising Hon'ble Mr. Justice D K Singh and Hon'ble Ms. Justice Tara Vitasta Ganju.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Quashing of Inquiry Report - Petitioner challenged report of Commission of Inquiry alleging violation of natural justice and exceeding terms of reference - Court held that the Commission acted without jurisdiction and in breach of natural justice by not providing opportunity of hearing to the petitioner - Report quashed (Paras 1-10). B) Commissions of Inquiry - Scope of Inquiry - Commissions of Inquiry Act, 1952 - Section 3 - Commission exceeded its terms of reference by making findings against petitioner not connected to subject matter - Court held that inquiry must be confined to terms of reference and cannot travel beyond - Report set aside (Paras 5-8). C) Natural Justice - Right to Hearing - Principles of Natural Justice - Commission failed to give notice or opportunity to petitioner before making adverse findings - Court held that any adverse finding without hearing is void ab initio - Report quashed (Paras 6-9).
Issue of Consideration
Whether the report of the Commission of Inquiry dated 11.07.2025 is liable to be quashed on the ground of violation of principles of natural justice and lack of jurisdiction?
Final Decision
The writ petition is allowed. The impugned report dated 11.07.2025 submitted by the 3rd respondent is quashed.
Law Points
- Natural Justice
- Commissions of Inquiry Act
- 1952
- Writ Jurisdiction under Articles 226 and 227 of Constitution of India
- Scope of Inquiry Commission
- Opportunity of Hearing
- Bias
