MANJIT SINGH SETHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition first came up for hearing for admission on 17th July 2006 when we suggested the learned counsel appearing on behalf of the petitioner to approach the Hon'ble Speaker and seek review of the order of punishment to a limited extent and the matter was adjourned for today.

(2.) When the case was called out today, Mr. Mahesh Jethmalani, learned counsel appearing for the petitioner submitted that as per our earlier desire, he approached the Hon'ble Speaker and apprised him of the contents of the petition on which the Hon'ble Speaker offered no comments. The matter was accordingly taken up today.

(3.) This is a petition for issuance of a writ of habeas corpus since the petitioner is in dentenion suffering punishment imposed on him by the Mahararashtra Legislature. Two important questions arise for adjudication in this petition. One whether a second petition for habeas corpus is tenable in law and two, whether the punishment of imprisonment imposed by the Maharashtra Legislature for breach of his privilege can exceed the period of session in which it is imposed. Looking to the gravity of the question involved and the necessity to make proper adjudication of the issues involved, we are of the opinion that a letter of request be sent to the Hon'ble Speaker of the Maharashtra Legislature apprising him of the petition which would accompany the letter of request and a copy of this order. The Hon'ble Speaker be requested to inform this court his views on the legal position on the aspect through accredited agent or authorized agent or representative as the Hon'ble Speaker may desire. Since the petitioner is in custody today, the question of petition being rendered infructuous by the subsequent events, cannot rise. Hence Rule. List this matter for final hearing on 25th July, 2006.