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1972 Supreme(Ori) 65

R.N.MISRA, K.B.PANDA
SUSHANTA KUMAR CHAND – Appellant
Versus
THE SPEAKER, ORISSA LEGISLATIVE ASSEMBLY – Respondent


Advocates Appeared:
C.V.MURTHY

R. N. MISRA, J.

( 1 ) THE 8 petitioners styling themselves as members of the Samajwadi Yubak sabha (Utkal) applied under Article 226 of the Constitution of India for a writ of habeas corpus when they were detained in custody in the Bhubaneswar sub-jail under a warrant issued by the Speaker of the Orissa Legislative Assembly.

( 2 ) THE Orissa Legislative Assembly was in session when the petitioners got into the legislative assembly hall and submitted to the Speaker and the members of the assembly a printed letter alleging several acts of misconduct, maladministration, corruption and high-handed acts of excesses through utilisation of police force for suppressing civil liberties. The petitioners shouted slogans and disturbed the proceedings. They were taken into custody and ultimately they were sentenced to 7 days' simple imprisonment. Under a warrant issued by the Speaker, they were lodged to custody with opposite party No. 2. The warrant was to the following effect: "whereas the Orissa Legislative Assembly has decided at its meeting held on the 8th October, 1969, that the follow-ing named persons be sentenced to simple imprisonment till the 15th October, 1969 for committing the o










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