LAWS(SC)-2020-11-56

ARNAB RANJAN GOSWAMI Vs. MAHARASHTRA STATE LEGISLATIVE ASSEMBLY

Decided On November 06, 2020
Arnab Ranjan Goswami Appellant
V/S
Maharashtra State Legislative Assembly Respondents

JUDGEMENT

(1.) At the hearing of this case today, Mr. Harish Salve, learned Senior Counsel appearing for the petitioner invited our attention to a letter No.14223/M.V.S./D-10 dtd. 13/10/2020 sent by the Office of the Respondent No.2 viz., the Secretary, Maharashtra Legislative Assembly Secretariat to the Writ Petitioner.

(2.) Though the said letter has been sent from the Office of the Secretary, Maharashtra Vidhan Sabha Sachivalaya, who is the respondent no.2 herein, it has been signed by Mr. Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya. He has stated in the letter as follows :

(3.) The above statements made by Mr. Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, are unprecedented and tend to interfere in the course of administration of justice. The intention of the author of the said letter viz., Mr. Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, seems to be to intimidate the petitioner because the petitioner approached this Court and to threaten him with a penalty for seeking legal remedy. The office of the respondent no.2 would have been well advised to understand that the right to approach this Court under Article 32 of the Constitution of India is itself a fundamental right.