R. THAMARAIKANI O.S. MANIAN Vs. THE STATE OF TAMILNADU REP. BY THE CHIEF SECRETARY TO THE GOVT FORT ST. GEORGE CHENNAI-9,

JUDGEMENT

(1.) MR . O.S. Manian, a Member of Rajya Sabha and Member of A.I.A.D.M.K. party and who claims to be the friend of Thiru R. Thamaraikkani, a sitting Member of the Tamil Nadu Legislative Assembly, has moved both the Habeas Corpus Petitions.

(2.) IN HCP. No. 416 of 1999 the said Petitioner had prayed for the issue of a writ of habeas corpus calling for the records connected with the proceedings of the second Respondent, the Speaker of the Tamil Nadu Legislative Assembly, by which the detenu R. Thamaraikkani was arrested and confined to Central Prison, Chennai as revealed by the arrest warrant and committal to prison, quash the proceedings and set the said detenu R. Thamaraikkani at liberty.

(3.) BEFORE setting out the factual matrix leading to the institution of the two Habeas Corpus Petition, it would be proper to extract the very proceedings which are impugned in these two Habeas Corpus Petitions. In HCP. No. 416 of 1999 a warrant of arrest and warrant of commitment, so referred to specifically are the impugned proceedings or the impugned action which are being challenged and they read thus: Impugned document No. 1