K ANANDAN NAMBIAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by K. Anandan Nambiar a Member of the Madras Legislative Assembly. He was arrested on 4th May i949 and detained under the Maintenance of Public Order Act. He ha& since been continuously under detention. He has applied to us lor the issue of a writ by way of mandamus or other appropriate writ to declare and enforce his right to attend the present sittings of the Legislative Assembly now in progress either freely or with such restrictions as may be reasonably imposed. He also complains that his letters to the Legislature addressed to the Chairman of the Committee of Privileges have been withheld by the Superintendent, Central Jail and seeks a declaration of his right to communicate with the Legislature in his capacity as a member without let or hindrance from prison.

(2.) Petitioner was elected from the Railway Trade Union Labour Constituency at the general elections in 1946 on the Communist party ticket. He still retains his seat and received the usual summons sent to all members dated 6th August 1951 with a message from H. E. The Governor requiring his attendance on Monday the 20th of August 1951 on the occasion of his special address to both Houses.

(3.) Petitioner filed a Habeas Corpus petition, Criminal M.P. No. 1490 of 1949 under Section 561-A, Criminal P.C., to set him at liberty so as to enable him to attend the Legislative Assembly sittings. This was dismissed by Govinda Menon and Rajagopalan, JJ. He filed another Habeas Corpus petition Criminal M. P. No. 3022 of 1949 for his release inter alia, on the ground that he was, as a member of the Legislative Assembly, immune from arrest. That petition was dismissed by another Bench, Govinda Menon and Basheer Ahmed Sayeed, JJ. He now applies to us for a similar but slightly different relief invoking Article 226 of the Constitution contending that on the basis that his continued detention is lawful, he has a right to attend the sittings "of the Legislative Assembly even from prison under prison escort.