E.EDWIG Vs. TAMILNADU LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) The only question that arises for consideration in these writ petitions is whether a person, who was summoned to appear and show cause by the Privilege Committee constituted by the Tamil Nadu Legislative Assembly, is entitled to be represented along with an Advocate of his choice in the said proceedings? In the first writ petition (W.P. No. 8671 of 2012), the petitioner is an Advocate, who has chosen to challenge the proceedings issued by the Secretary of the Tamil Nadu Legislative Assembly, dated 28.01.2012. By the impugned proceedings, the petitioner's client Mr. Nakkheeran Gopal was informed that for the purpose of giving an explanation to the show cause notice issued by the Privilege Committee, the concerned person must himself give an explanation in writing and also appear before the Committee for giving statement. Therefore, on his behalf, no lawyer or any other person will be allowed to give explanation or argue his case as was decided by the Committee.

(2.) In the second writ petition (W.P. No. 8672 of 2012), the petitioner Nakkheeran Gopal, who is an Editor, Printer and Publisher of Nakkheeran magazine, which is a Tamil Bi-weekly, has chosen to challenge the same order and after setting aside the same, seeks for a direction to the respondents to permit the petitioner to appear and represent through or along with his counsels, as of right, in the proceedings.

(3.) When both writ petitions came up on 02.04.2012, notice was taken by the learned Advocate General assisted by Mr. Venkatesh, learned Government Pleader, who was directed to get instructions from the Secretary of the Tamil Nadu Legislative Assembly. Subsequently, a counter affidavit was filed by the second respondent, dated 03.04.2012. Since the first writ petition was filed by an Advocate claiming to challenge the proceedings, dated 28.01.2012, this court finding that such a right cannot accrue to an Advocate, wanted to know the views of his client Mr. Nakkheeran Gopal and also to know whether he had authorized the stand taken by the said Advocate. Mr. Nakkheeran Gopal, the petitioner in the second writ petition has filed a supporting affidavit, dated 03.04.2012 stating that he fully endorsed the stand taken by the Advocate. Since both writ petitions were interlinked, they were heard together.