DR. SUBRANANIAN SWAMY AND V.S. CHANDRALEKHA Vs. THE STATE OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, MADRAS-9,

JUDGEMENT

(1.) AGGRIEVED by the summon of the Sub Divisional Magistrate (Executive Sub Collector), Tindivanam dated 9.11.1994, asking the petitioners to appear in person or by duly authorised agent before the Sub Collector, Tindivanam at 10.00 a.m. on 21.11.1994 in connection with the enquiry ordered under P.S.O. 144 (3) regarding the opening of fire in the air on 14.6.1993 at Tindivanam, the petitioners have filed the above writ petitions.

(2.) ON 15.12.1994, this Court ordered notice of motion to the respondents. Pursuant to the said notice, both the writ petitions are posted for orders.

(3.) ACCORDING to the petitioner in W.P.No,20686 of 1994, he was a member of Parliament for four terms and was the Minister of Commerce, Law and Justice in the Central Cabinet. He is a recognised international scholar of Economics and also taught for a number of years in Harward University, U.S.A. At the time of filing the writ petition, the petitioner was the Chairman Commission on Labour Standards and International Trade, Government of India, in the rank of Union Cabinet Minister. He further stated that he had set up a Committee called "Tamilaga Nallatchi Iyakkam" with the aim of bringing good Government in the State of Tamil Nadu. Having come to know about the active participation of the Chief Minister of Tamil Nadu in Trade and business particularly a partnership Firm by name " Jaya Publications", he presented a petition to the Governor of Tamil Nadu stating that the Chief Minister had incurred disqualification under Article 19(l)(a) of the Constitution of India. It is further stated that enraged by the act of bringing to the notice of the public about the misdeeds and mal -administration of the Chief Minister of Tamil Nadu, he was subjected to stone throwing wherever he went in Tamil Nadu and was humiliated even when he went to attend the Courts, by the goondas. Therefore, he was given Central Police Protection whenever he toured Tamil Nadu.