Full Judgment Text
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PETITIONER:
I. MANILAL SINGH ALIAS M.MANIHAR SINGH
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT23/03/1993
BENCH:
VENKATACHALLIAH, M.N.(CJ)
BENCH:
VENKATACHALLIAH, M.N.(CJ)
YOGESHWAR DAYAL (J)
VERMA, JAGDISH SARAN (J)
REDDY, K. JAYACHANDRA (J)
AGRAWAL, S.C. (J)
CITATION:
1994 SCC Supl. (1) 728 1993 SCALE (2)456
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1.We have heard Shri K.K. Venugopal, learned senior
counsel, for Dr H. Borobabu Singh, in support of the two
applications that have been made. In view of the peremptory
terms of the earlier order dated February 5, 1993 requiring
the Union Government to secure the presence of Dr Singh in
Court today, we should not have permitted any interception
of those steps. However, on the impassioned plea of Shri
K.K. Venugopal, who sought an audience on these two
applications, we have heard him at length. We have
considered his submissions. Having regard to the qualified
stand made manifest in the applications and affidavit, we do
not think that we should interrupt the course of the
execution of the earlier order. This we say with due
respect to the high office, Dr Borobabu Singh otherwise
holds as a Speaker of the Assembly. But, as has been made
clear in the earlier orders, it is not in Dr Singh’s
capacity as Speaker of the House as such that Dr Singh is
being proceeded against, but in a different capacity. It is
unfortunate that Dr Singh has, by his own persistent stand
of defiance of the jurisdiction and authority of this Court,
brought this situation. This is, indeed, regrettable.
2.But this Court must maintain its dignity and authority.
It is in this spirit that we direct the execution of the
earlier order dated February 5, 1993 and the production of
Dr Singh before this Court.
3.Now that Dr Borobabu Singh has, in his affidavit
stated, that if we refuse his prayer for exemption, he is
willing to appear before us, we appreciate the stand of Dr
Singh and expect him to, be present in Court at 2.00 p.m.
4. Call at 2.00 p.m.
Court Masters
ORDER AT 2 P.m. ON MARCH 23, 1993
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The contempt proceedings are dropped.
Court Masters
730
731