Sitting Judges of High Courts have decided not to accept Fact Finding Judicial Inquiries. If I remember last, such inquiry was headed by a Supreme Court Sitting Justice M. P. Thakkar in Indira Gandhi Murder case. The Goverment did not accept final report of Judicial Inquiry and there after Sitting Judges of Supreme Courts are restraining themselves from appointments from such Judicial commissions.
So now only retired judges are accepting such judicial inquires.
They have power to call assistance of state police officers or CBI officers.
In my view if Wife of Shri Narendra Kumar apply to Judicial Inquiry Judge to call for service of CBI officers under Sec. 5A (2) (b) of The Commission of Inquiry Act 1952 if the Judicial Inquiry is ordered.
Once Such Application is filed, the Judge may have to seek response of State Government and Central Government.
If Central Govt. Is willing to offer service of CBI, there is no reason why State can oppose.
