ORDER

Heard Dr. Subramanian Swamy, in person.

By this writ petition, preferred under Article 32 of the Constitution of India, the petitioner has prayed for declaring Sections 499 and 500 of the Indian Penal Code (IPC) and Section 199(2) of the Code of Criminal Procedure (CrPC) as unconstitutional.

It is submitted by Dr. Swamy that on two earlier occasions this Court regard being had to the circumstances, had kept the issue open. He has drawn our attention to the decision in R. Rajagopal alias R.R. Gopal and Another vs. State of T.N. and Others (1994) 6 SCC 632. In paragraph 28 of the said decision, it has been observed as follows:

“28. In all this discussion, we may clarify, we have not gone into the impact of Article 19(1)(a) read with clause (2) thereof on Sections 499 and 500 of the Indian Penal Code. That may have to await a proper case.”

Dr. Swamy has also drawn our attention to the decision in N. Ravi and Others vs. Union of India and Others (2007) 15 SCC 631, wherein it has been observed as follows:

“Strictly speaking on withdrawal of the complaints, the prayer about the validity of Section 499 has also become academic, but having regard to the importance of the question, we are o