Justice Dipankar Dutta directed that the commission could collect information during pendancy of the petition on the gruesome killings that took place in Burdwan town in March 1970, but could not summon or question any witness till it was disposed.
The writ petition was moved by Rajat Banerjee challenging the Mamata Banerjee government's decision to set up the Justice Arunava Basu Commission to inquire into the killings.
The petitioner claimed that former West Bengal Chief Minister S S Ray had in May 1971 constituted the Justice Tarapada Mukherjee Commission to probe the case and the state government could not order another judicial commission on the same incident.
A mob of alleged CPI(M) workers and supporters had attacked the Sain home in Burdwan town killing three members of the family in a barbarous manner.
The Left Front government had withdrawn the case after coming to power in 1977.
The petitioner submitted that instead of acting on the Mukherjee Commission report, the state was violating constitutional provisions by ordering another inquiry.