JUDGMENT : In spite of our earlier order in the Contempt Proceeding directing Dr. H. Borobabu Singh to appear in person today, he is not present. His counsel Mr. Bhattacharya has filed an affidavit inter alia stating that Dr. Singh is immune from such directions in view of his constitutional position as a Speaker. He was permitted to elaborate his submission and advance arguments in support thereof. He has not been able to advance any substantial argument in this behalf. We have considered the matter in depth and are of the view that there is no justification whatsoever for this plea. This is a case in which Dr. Singhs function is not as a Speaker in the House. The facts of the case which are on record in this matter clearly show that Dr. Singh was acting as Authority under the Tenth Schedule to the Constitution and in that capacity certain orders were passed which gave rise to the present contempt petition. In a petition filed by the Petitioner Manilal Singh, directions issued by this Court relating to his service conditions which have, according to the allegations, not been respected by Dr. Singh. In this context and background, we do not have any doubt that the capacity in which Dr. Singh was functioning was not that of the Speaker of the House, but as administrative head of the Secretariat of the Legislature in relation to the rights of one of the employees. Accordingly, we hold that there is no merit at all in the plea raised regarding the jurisdiction of this Court and the objection is, therefore, rejected. 2. We asked Mr. G. Ramaswamy, learned Attorney General to examine the matter and indicate his opinion as to the enforceability of the directions of this Court requiring the personal appearance of Dr. H. Borobabu Singh in Court. On earlier occasion also, learned Attorney General had indicated that this Court would have been justified in taking a far stricter view of the conduct of Dr. Singh and it is an appropriate case where it is not only within the power of this Court, but also its bounden duly to take such steps which will reassure the people of their faith in, and respect for the Institution, now that it is obvious that the indulgence granted so far to Dr. H. Borobabu Singh has been misplaced. Mr. H. Borobabu Singh has been misplaced. Mr. Altaf Ahmed, learned Additional Solicitor General appearing for the Union of India fully supports the opinion and submission of learned Attorney General JJ. 3. Mr. Kapil Sibbal who represents the Chief Secretary of Manipur also expressed this opinion on these lines. 4. The learned Attorney General, however, suggested that the orders which this Court may pass about the desired steps in the matter may be deferred by a few hours to enable him to also consult the concerned authorities in the matter, in view of the affidavit of Manilal Singh filed today stating that Dr. H. Borobabu Singh is proceeding abroad for taking part in the Commonwealth Parliamentary Association Conference scheduled to be held from 6th to 15th October. 1992, and that he should be stopped from going abroad as he has not complied with the orders of this Court. We adjourned the further hearing to 3.30 p.m. to facilitate the learned Attorney General to take instructions. When we re-assembled, the learned Attorney General 4S stated that he has been informed that Dr. H. Borobabu Singh has been included in the Parliamentary delegation and has been assigned certain duties to be performed by him in the Conference. Learned Attorney General, therefore, suggested that Dr. Singh may give an undertaking that he would appear in person in this case before this Court on a later date and on such undertaking being given, he may be allowed to leave the country to participate in the Conference. Learned Attorney General also suggested that in any event since the Conference will conclude on the 15th October, 1992, the next date in this case may be fixed soon thereafter. He clarified his position that he does not have any doubt whatsoever that this Court is fully empowered to pass appropriate orders in this regard whereby Dr. H. Borobabu Singhs foreign trip shall stand cancelled and he will not be permitted to leave the country so that he may be available in the country to appear before this Court, whenever the next date is fixed which could be even during the period of his proposed absence. When Mr. Bhattacharya was asked about the stand of Dr. H. Borobabu Singh in this matter, he stated that he would need time to take instructions from Dr. H. Borobabu Singh. Dr. H. Borobabu Singh is admittedly in Delhi today. When Mr. Bhattacharya was asked about the stand of Dr. H. Borobabu Singh in this matter, he stated that he would need time to take instructions from Dr. H. Borobabu Singh. Dr. H. Borobabu Singh is admittedly in Delhi today. We acceded to the prayer and allowed him time to do so indicating that we would re-assemble later today. Accordingly we have again reassembled and the case has been heard further. 5. Mr. Bhattacharya states that he has not been able to contact Dr. H. Borobabu Singh personally and in his absence, he can only give an assurance that Dr. H. Borobabu Singh has always been willing to obey all the orders of this Court and he has not violated any of them. About the undertaking by Dr. H. Borobabu Singh that he would appear in person in this Court, Mr. Bhattacharya stated that he would make his best efforts in this direction, but he cannot given such an undertaking on behalf of Dr. H. Borobabu Singh whom he has not been able to contact personally. He has, however, made a prayer for adjournment of this case, till after a week of the conclusion of the Conference. 6. We have considered the matter and we accept as correct the views expressed by the learned Attorney General, by Mr. Altaf Ahmed, learned Additional Solicitor General and by Mr. Kapil Sibbal that the non-avoidable steps ought to be taken by this Court to reaffirm the faith of the people in the rule of law. However, we have also taken note of the fact that Dr. H. Borobabu Singh has been included in the Parliamentary delegation which is going to represent this country in an International Conference and that he has been assigned certain duties to perform therein. We, therefore, are taking a lenient view in the matter and not restraining Dr. H. Borobabu Singh from undertaking the proposed foreign trip for this purpose. This, we do entirely for the reason that he is going to attend the Conference as a member of the delegation. We, however, are of the opinion that Union of India should take such necessary measures, if required in advance, so as to ensure the personal presence of Dr. H. Borobabu Singh in Court for the next date which we are fixing as 20th of October, 1992. This will give Dr. We, however, are of the opinion that Union of India should take such necessary measures, if required in advance, so as to ensure the personal presence of Dr. H. Borobabu Singh in Court for the next date which we are fixing as 20th of October, 1992. This will give Dr. H. Borobabu Singh sufficient time after the conclusion of the Conference to return to this country and be present in Court on 20th October, 1992. 7. Mr. G. Ramaswamy, learned Attorney General while expressing his agreement with the present order indicated that he personally is not in a position to say today as to what should be the machinery to ensure the personal presence of Dr. H. Borobabu Singh. We, therefore, indicated to him that it will be the duty of the Union of India to take into account all the circumstances of the case and to lake the necessary steps in advance for this purpose. We also add that Dr. H. Borobabu Singh must give a statement in writing to the Home Secretary, Union of India about his intention in this behalf with a copy thereof to the learned Attorney General. On the basis of that statement in writing, it will be possible for the concerned Authorities to take the necessary decision in advance to ensure compliance of this Courts order. This statement in writing must be given latest by 30th of September, 1992, that is, before Dr. H. Borobabu Singh leaves the country on his proposed foreign trip. If Dr. H. Borobabu Singh does not send such a letter indicating that he would be present in Court on the 20th of October, 1992 with a copy to the learned Attorney General, the concerned Authorities may presume that he does not intend to obey the directions issued earlier and repeated today so that they may take the necessary steps in advance. 8. Ordered accordingly. List on 20.10.1992 at 10.30 a.m. Note: Let a copy of this order be handed over to all the learned counsel appearing in the case and the petitioner who appears in person.