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1994 Supreme(Mad) 737

SRINIVASAN, A.R.LAKSHMANAN, RAJU
Civil Liberties Council represented by its Convener R. R. Dalavai, Madras and others – Appellant
Versus
Government of Tamil Nadu represented by Commissioner and Secretary, Madras Legislative Assembly, Secretariat, Madras and others – Respondent


Advocates:
R. Vaigai, R.R. Dalavai, Petitioner. R. Krishnamoorthy, Advocate-General, assisted by R.Muthukumaraswami, Special Government Pleader, for Respondents.

Judgment :-

Srinivasan, J.

These writ petitions are filed as public interest litigations. The prayer in the first of the writ petitions is to declare that the resolution passed by the Madras Legislative Assembly on 4. 1987 is ultra vires of the Constitution, illegal and as such null and void. The prayer in the other two writ petitions is to declare that the order dated 23. 1987 of the Speaker of the Tamilnadu Legislative Assembly as communicated by letter dated 33. 1987 of the Com-missioner and Secretary to the Assembly to Mr.S.Balasubramanian, Editor, Ananda Vikatan is unconstitutional and consequently the resolution dated 4. 1987 of the Tamilnadu Legislative Assembly convicting and sentencing Mr.S.Balasubramanian as unconstitutional and void.

2. When the writ petitions were pending Mr.S.Balasubramanian himself had filed W.P.Nos.4202 and 4203 of 1987 challenging the validity of the resolution of the Assembly as well as the order of the Speaker and praying for compensation for the flagrant violation of his fundamental right in imposing rigorous imprisonment for three months on such terms as this Court may deem fit.

3. When the matters came before a single Judge of this Court, the





















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