CIVIL LIBERTIES COUNCIL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions are filed as public interest litigations. The prayer in the first of the writ petitions is to declare that the resolution passed by the Madras Legislative Assembly on 4. 4. 1987 is ultra vires of the Constitution, illegal and as such null and void. The prayer in the other two writ petitions is to declare that the order dated 29. 3. 1987 of the speaker of the Tamilnadu Legislative Assembly as communicated by letter dated 31. 3. 1987 of the Com-missioner and Secretary to the Assembly to mr. S. Balasubramanian, Editor, Ananda Vikatan is unconstitutional and consequently the resolution dated 4. 4. 1987 of the Tamilnadu Legislative assembly convicting and sentencing Mr. S. Balasubramanian as unconstitutional and void.

(2.) WHEN the writ petitions were pending mr. S. Balasubramanian himself had filed W. P. Nos. 4202 and 4203 of 1987 challenging the validity of the resolution of the Assembly as well as the order of the Speaker and praying for compensation for the flagrant violation of his fundamental right in imposing rigorous imprisonment for three months on such terms as this Court may deem fit.

(3.) MOREOVER, in the present case he is now a free agent and he has himself approached the court with petitions for appropriate relief. In these circumstances, it is not possible for us to accept the contention of learned counsel for the petitioners that they have the locus standi to maintain the writ petitions and pray for the reliefs set out in the writ petitions.