MEHROTRA C. J.: -: By these two petitions giving rise to Civil Rules Nos. 8/64 and 11/64 the notices issued to the petitioners by the Committee of Privileges, Assam Legislative Assembly, Shilloug and, the proceedings pending before the said Committee are sought to be quashed. The petitioner Shri L. N. Phukan in Civil Rule No. 6 is the Chief Editor of the Assam Tribune, a daily newspaper issued from Gauhati and the petitioners in Civil Rule No. 11 are Shri Salish Chandra Kakoti. Editor, The Assam Tribune, Gauhati, Shri Kunjalal Thapa, Printer and Publisher, The Assam Tribune, Gauhati and Shri Naresh Rajkhowa, Special Representative, The Assam Tribune, Shillong. In both these petitions Shri Mohendra Mohan Choudhury, Speaker, Assam Legislative Assembly has been impleaded as opposite party No. 1 and Shri D. Hazarika, Deputy Speaker, Assam Legislative Assembly and Chairman, Com­mittee of Privileges of the Legislative Assembly, Assam as opposite party No. 2. Opposite parties Nos. 3 to 6 are the other members of the Committee of Privileges, Assam Legislative Assembly and opposite party No. 7 is the Secretary of the Assam Legislative Assembly.

(2) In April 1962 the Government of Assam ap­pointed a Commission of Inquiry under S. 3 of the Commission of Enquiry Act, 1952 (Act LX of 1952) consisting of Shri Ram Labhaya, Retired Judge of the Assam High Court for the purpose of making an enquiry«iuto a definite matter of public importance as per Notification No. SOB. 197/82/1. Sometime in the month of September. 1962 the Commission after inquiry submitted its report to the Government of Assam. In the issue of the Assam Tribune dated the 5th August 1983 a news item was published regarding the findings of the Commission under the caption 'Agricultural Pipe Scandal'. This news item was based on a news from the special representative of the Assam Tribune at Shillong. In the same issue a summary of the Commission's report was published. The petitioners in both these petitions received a notice dated the 17th October 1963 from the Secretary of the Assam Legislative Assembly asking them to show cause on or before the 23rd November 1983 as to why appropriate action should not be recom­mended to the House for breach of privilege of the Assam Legislative Assembly arising out of publica­tion of the said news item in the issue of the 5th August 1963. This notice was issued by the Privileges Committee of the Assembly. The petitioner in civil rule No. 6/64 applied for time to the Secretary of the Assembly and six weeks time was granted to him from the 2lst November 1963. He applied for further time for three weeks on the 9th January 1984. Before any reply was received, on the 17th January 1984 the petition was moved by him in this Court and the proceedings before the Committee of Privileges were stayed. The other petition was moved thereafter on the 30th January 1984.

(3) Two separate complaints were made, to the Secretary by Shri Dulal Chandra Barua and Shri larapada Bhattacharjee, members of the Assembly regarding these publications. The matter was discuss­ed before the Legislative Assembly of Assam and was referred to the Privileges Committee of the House by the Deputy Speaker on the 22nd August 1961. The two grounds on which the notice was issued by the Privileges Committee are-(1) that the publication of the report before it was discussed by the House con­stituted a breach of the privileges of the House and (2) that the publication in the paper scandalised the Speaker and thus the dignity of the House was lowered.

(4) Though Mr. Goswami for the petitioners has covered a large ground in his argument, the main points urged by him are two fold. Firstly he has con­tended that as the Ram Labhaya Commission was appointed under the Commission of Enquiry Act, the report of the Commission cannot be treated to be a part of the proceedings of the House or the document of the House and thus the publication of the report or the comment on the report, on the face of

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