Sambhal Court Commission: On the second day of the survey of the Court Commissioner in Sambhal's Shahi Jama Masjid, there was a ruckus during the survey. Bricks and stones were thrown and firing also took place in which four people lost their lives. We will   explain to you in detail how the Court Commissioner's survey is conducted and what it is.

Allahabad High Court advocate and legal expert Vikalp Kumar Rai, while giving information in this case, says that the power to appoint a commission is given in Section 75 of the Civil Procedure Code, 1908 and its procedure is described in detail in Order 26. The power to issue a commission is discretionary of the court and can be exercised by the court to do complete justice between the parties. It can be exercised by the court either on the application of a party to the case or on its own initiative.

Why is it necessary to appoint a court commissioner?
Giving an example, he said that when the dispute between the parties is about the route and the plaintiff says that there is only one route for movement and that too has been blocked by the defendant, then in such a situation the court cannot reach any conclusion on the basis of evidence alone because such a physical situation cannot be presented before the court and neither can the court reach any conclusion by going to that particular physical situation. 

A commission is basically a directive or role given by the court to a person to act on behalf of the court and the idea behind it is to perform such tasks which help the court in delivering complete justice. Such a person conducting the commission is known as a "court commissioner". This court commissioner is in a way the eye of the court who goes on the spot and examines the claims of the case on the touchstone of law. 

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The relevance of appointment of court commissioner has also been explained by the courts in their various judgments.
The Andhra Pradesh High Court in the case of Jammi Venkata Krishna Rao and others v. Jammi Venkata Hanuma Ravindranath, [2015 (5) ALT 14], held that noting of the physical features of the property by the commissioner enables the court to take a fair decision regarding the identification of the property. Appointment of commissioner for this purpose is not meant to collect evidence. Particularly when the plaintiffs are pleading that the defendants are trying to erase the physical features, noted by the said commissioner, it enables the court to understand the physical identification. Any deletion on the date of suit and thereafter can easily be known by the court during the trial. 

For this, the court commissioner also does videography and photography. After this, whatever is seen and understood in the stipulated time, he prepares a report and submits it to the court. After this, the court decides the direction to take the case forward.

What is the role of police in this?
The work or role of police and administration in the court commission is only to complete the court commissioner proceedings without any hindrance. That is, overall the government has no role in the court commissioner survey. If any party accuses the government of harassing or being biased, then it is not proved right from the legal point of view because this is completely a court proceeding.