In Re: Mohunt Dev Das

This application arises out of an enquiry pending before the Magistrate of Mozufferpur under the provisions of sec. 14 of Act XXI of 1879. We are asked on various grounds to which it is unnecessary to refer more particularly either to transfer the inquiry from the Magistrate of Mozufferpur to some other Magistrate, and, if necessary, to request the Governor-General in Council to appoint another Magistrate for that purpose, or to direct the Magistrate of Mozufferpur to reopen the inquiry and to conduct it in accordance with law; and to obviate further difficulty we are also asked to declare by what procedure the Magistrate should be guided in the further conduct of the inquiry.

As to the first of these prayers we think that we have no power to order the transfer of the inquiry, if for no other reason, because the competency of a Magistrate to hold an inquiry under the section depends on the authorization of the Executive Government nor are we aware of any provision of the law which would empower us to request the Government to appoint another Magistrate so as to enable us to transfer the inquiry to that Magistrate if appointed. With regard to the alternative prayer of the petition we do not think that we possess any power to control or interfere in the conduct of an inquiry held under sec. 14 of the Act. We accordingly refuse the application.