Research › Browse › Judgment

Supreme Court of India · body

1989 DIGILAW 283 (SC)

P. Sudhirkumar v. Speaker, A. P. Legislative Assembly, Hyderabad

1989-04-25

A.M.AHMADI, K.N.SAIKIA, K.N.SINGH, S.RANGANATHAN, SABYASACHI MUKHARJI

body1989
ORDER : 1. Issue notice returnable on 18.7.1989 to the Secretary, A.P. Legislative Assembly, Hyderabad, the Superintendent of Jail, Musheerabad District Jail, Secunderabad, Shri K.V. Narayana Rao, Government Chief Whip in the Andhra Pradesh Legislative Assembly, Hyderabad and also to the Attorney General of India and the Advocate General of the State of Andhra Pradesh. In view of the observations made by this Court in Special Reference I of 1964, 1965 (1) S.C.R. 413 at page 466, we also issue notice to Speaker of the Legislative Assembly Hyderabad which may be served through the Secretary. 2. In view of the fact that the matter has been referred to a Constitution Bench by virtue of order dated 21st April, 1989 as the question involved is the interpretation of Article 194 (3) of the Constitution of India and in view of the principle laid down by this Court in Special Reference I of 1964 (supra at 498), we direct that the detenus mentioned at Page 51 & 52 of the Paper Book at Annexure I be released forthwith and their period of imprisonment will remain suspended until further order. This order is subject to further orders of this Court and in case the Special Leave Petition is dismissed, the persons so released shall be liable to be sent back to prison to serve out the remaining sentence.