1. The only question that arises for consideration in these writ petitions is whether a person, who was summoned to appear and show cause by the Privilege Committee constituted by the Tamil Nadu Legislative Assembly, is entitled to be represented along with an Advocate of his choice in the said proceedings?

2. In the first writ petition (W.P.No.8671 of 2012), the petitioner is an Advocate, who has chosen to challenge the proceedings issued by the Secretary of the Tamil Nadu Legislative Assembly, dated 28.01.2012. By the impugned proceedings, the petitioner's client Mr. Nakkheeran Gopal was informed that for the purpose of giving an explanation to the show cause notice issued by the Privilege Committee, the concerned person must himself give an explanation in writing and also appear before the Committee for giving statement. Therefore, on his behalf, no lawyer or any other person will be allowed to give explanation or argue his case as was decided by the Committee.

3. In the second writ petition (W.P.No.8672 of 2012), the petitioner Nakkheeran Gopal, who is an Editor, Printer and Publisher of Nakkheeran magazine, which is a Tamil Biweekly, has chosen to challenge the same order and after setting aside the same, seeks for a direction to the respondents to permit the petitioner to appear and represent through or along with his counsels, as of right, in the proceedings.

4. When both writ petitions came up on 02.04.2012, notice was taken by the learned Advocate General assisted by Mr. Venkatesh, learned Government Pleader, who was directed to get instructions from the Secretary of the Tamil Nadu Legislative Assembly. Subsequently, a counter affidavit was filed by the second respondent, dated 03.04.2012. Since the first writ petition was filed by an Advocate claiming to challenge the proceedings, dated 28.01.2012, this court finding that such a right cannot accrue to an Advocate, wanted to know the views of his client Mr. Nakkheeran Gopal and also to know whether he had authorized the stand taken by the said Advocate. Mr. Nakkheeran Gopal, the petitioner in the second writ petition has filed a supporting affidavit, dated 03.04.2012 stating that he fully endorsed the stand taken by the Advocate. Since both writ petitions were interlinked, they were heard together.

5. Heard the arguments of Mr. Rubert J. Barnabas for Mr. V. Velmurugan, learned counsel for the petitioner in W.P.No.8671 of 2012, Mr. P.T. Perumal, learned counsel for the petitioner in W.P.No.8672 of 2012 and Mr. S. Gurukrishna Kumar, learned Additional Advocate General-IV assisted by Mr. S.Venkatesh, learned Government Pleader for respondents.

6. It is seen from the records that Nakkheeran magazine vide its issue dated 07.01.2012 had published a news item in the name of one Kamaraj, who is the Joint Editor of Nakkheeran magazine, making certain statements attributed to the present Chief Minister of Tamil Nadu. It is found that a member of the Legislative Assembly sent a letter to the Hon'ble Speaker of Tamil Nadu Legislative Assembly on 17.01.2012 stating that the publication of the said news will infringe the privileges of the House. Therefore, he wanted an action to be initiated against the person concerned. It is pursuant to the same, the matter was taken up by the Hon'ble Speaker of the House stating that there is prima facie case of infringement of the privilege of the member of the House. Therefore, in terms of Rule 226 of the Tamil Nadu Legislative Assembly Rules, the matter was referred to an enquiry by the Privilege Committee.

7. The Privilege Committee constituted by the House in its meeting held on 20.01.2012 took up the matter for enquiry and decided to call for an explanation from the news magazine. Accordingly, a notice was given to the Editor and Printer Mr. Nakkheeran Gopal (petitioner in W.P.No.8672 of 2012) and to the Joint Editor Mr. Kamaraj, vide notice dated 20.01.2012. It was stated that they should give a written explanation on or before 27.01