P. SUDHIRKUMAR M/S. ANANTH GAS SUPPLIERS AND OTHERS Vs. THE SPEAKER, A.P. LEGISLATIVE ASSEMBLY HYDERABAD AND OTHER

JUDGEMENT

(1.) We have heard Dr. Chitale and the learned Attorney General.

(2.) This is an application for contempt for the violation of the order of this Court. In this matter, a special leave petition from the order of the High Court of Andhra Pradesh was moved in this Court and came before a Bench of two learned Judges on 21st April, 1989. The said Judges referred the matter to the Constitution Bench. The Constitution Bench on 25th April, 1989 passed an order in the petition before this Court. In the petition, the constitutionality and the validity of the resolution of the Andhra Pradesh State Assembly dated 29th March, 1989 were challenged. It was alleged that the fundamental rights of the persons named therein have been violated by making an order of detention without giving any opportunity of hearing or showing cause to the said persons. There was, it was alleged, denial of the right to be heard and deprivation of the liberty of those persons by a procedure which was neither just, fair or reasonable. In the order passed by the Assembly, breach of Art. 21 of the Constitution was alleged. Facts were there in the application, which were considered by this Court carefully, and it was found that a prima facie case for investigation of the violation of Art. 21 of the Constitution was made out. The order complained of was an order of detention for 30 days and seizure of the vehicles, which were in the compound of the Assembly. In that light, it became necessary to examine whether in the action of the Legislative Assembly there was any violation of any fundamental rights of the said persons. We, therefore, issued notices on the petition for leave to appeal against the decision of the High Court which had dismissed the application under Art. 226 of the Constitution in this matter. After hearing the parties and after referring to the decision of this Court in Special Reference No. 1 of 1964, 1965 (1) SCR 413 we had passed the following order :

(3.) By the aforesaid order quoted hereinbefore we had directed "that detenus mentioned therein should be released forthwith and their period of imprisonment will remain suspended until further orders." This was an interim order passed by this Court pending the consideration of the matter. We wanted to have the assistance of all concerned including the Speaker and the Secretary of the Hopse and to give opportunity to the necessary parties. We also requested the Advocate-General of the State as well as the Attorney General for India to assist this Court in this matter. Our attention has now been drawn to the warrant of commitment issued by the Speaker dated 15.9.1989. The Warrant inter-alia, recites as follows '