S. K. Sunther v. Hon'ble Speaker, T. N. Legislative Assembly
1992-05-08
K.RAMASWAMY, N.M.KASLIWAL
body1992
DigiLaw.ai
ORDER : After hearing learned Attorney General as well as other learned counsel we are of the view that the resolution passed by the Tamil Nadu Legislative Assembly dated 4.5.92 and the ruling given by the Speaker that: "This House, therefore, resolves that the Secretary, Assembly, who implements the orders of the House need not receive the notice from the Supreme Court and appear before it on 5.5.92. Likewise, the House also resolves that in respect or all the privilege cases concerning this House which are before the Supreme Court neither any member of this House nor the Assembly Secretary nor other officers of this Secretariat need take cognizance of any notice, summons or other orders or other directions." This has given rise to larger issues of great importance which need to be decided by this Court. We, therefore, issue notice to the respondents. In the mean-time we direct that the operation of the order of the Speaker Tamil Nadu Legislative Assembly dated 20.4.92 shall remain stayed and the execution of the warrant of arrest issued against the petitioner Shri S.K. Sunther shall ramain suspended until further orders. The State of Tamil Nadu and all its Officers shall comply the direction given above. The respondents are given liberty to file Counter, if any, within four weeks of the service of the notice and the petitioners may file rejoinder within four weeks thereafter. Notice may also be issued to the Union of India through Cabinet Secretary. Dasti service is allowed in addition to usual mode of service. 2. List the matter for final disposal on 11.8.92 before the same Bench. 3. Order be communicated telegraphically at the cost of the petitioners.