Calcutta HC: Chief Justice to decide if sitting Judge will head Chorebagan stampede inquiry

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Published 30 October 2026

Case: Will a sitting Judge head the Chorebagan stampede inquiry?
Court: Calcutta High Court
Statutes: Commissions of Inquiry Act
Source: SCC Times

Bottom Line Up Front (BLUF)

The Calcutta High Court stated that the Chief Justice will decide if a sitting Judge will head the Chorebagan stampede inquiry. If no sitting Judge is available, the State must constitute a Commission headed by a retired Calcutta High Court Judge, in accordance with the Commissions of Inquiry Act.

Ratio Decidendi · Legal Principle Established

The State's power to constitute a Commission of Inquiry for a public matter is subject to the availability of a sitting High Court Judge, with the Chief Justice's decision being determinative. If a sitting Judge is unavailable, a retired High Court Judge may head the Commission.

Practice & Procedural Impact for Advocates

Advocates should note that the Chief Justice's discretion is key in appointing a sitting judge to a Commission of Inquiry. Litigants should be aware that the State has a fallback option of appointing a retired judge if a sitting judge is not made available.

Key Legal Takeaways

1The Chief Justice of the Calcutta High Court has the discretion to make a sitting Judge available for a Commission of Inquiry.
2If a sitting Judge is not made available, the State must appoint a retired Calcutta High Court Judge to head the Commission.
3The constitution of such a Commission must comply with the Commissions of Inquiry Act.

The Legal Issue The Calcutta High Court addressed the question of who would head the inquiry into the Chorebagan stampede. Specifically, the court considered whether a sitting Judge of the High Court would be made available for this purpose, or if an alternative arrangement would be necessary.

Court's Reasoning The Calcutta High Court noted that the decision regarding the availability of a sitting Judge to head the Chorebagan stampede inquiry rests with the Chief Justice. The Court further clarified that in the event a sitting Judge is not made available, the State is obligated to constitute a Commission. This Commission would be headed by a retired Judge of the Calcutta High Court, in strict accordance with the provisions of the Commissions of Inquiry Act.

What Follows The Chief Justice of the Calcutta High Court will now decide whether a sitting Judge will be made available to head the Chorebagan stampede inquiry. If the Chief Justice determines that a sitting Judge cannot be made available, the State government must proceed to constitute a Commission of Inquiry, ensuring it is led by a retired Judge of the Calcutta High Court and adheres to the requirements of the Commissions of Inquiry Act.