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8.2. Mr.P.T.Perumal, learned counsel appearing for the petitioner has also invited my attention to the challenge before the Apex court in Writ Petition (C) No. 80 of 1998, as to the validity of the guideline issued by the Election Commission of India on 20.1.1998 to the Press Council that, no newspaper shall publish exit-poll surveys, however genuine they may be, till the last of the polls is over, on the ground that the media could not be restrained in the absence of any specific law in the context of basic right of 'free speech and expression' and also in the context of practical inability to enforce any restraint in respect of foreign electronic and print media, etc. Mr.P.T.Perumal submits that even though the Election Commission initially attempted to justify the said guideline of "exit-poll survey ban" on publication has the force of law under Article 324 of the Constitution of India and the Election Commission itself could take suitable action against those who breach the said guideline, the same were outside the purview of the Court to consider in view of wide powers of the Election Commission under Article 324 of the Constitution of India, to conduct free and fair election, the Election Commission, realising that they have no authority, under the existing law, to impose such a guideline except to appeal to the Parliament to have a free and frank debate on the subject and to arrive act an appropriate decision, withdrew the said exit-poll survey ban guideline and consequently, the Apex court, by an order dated 14.9.1999, disposed of the said Writ Petition (C) No. 80 of 1998, challenging the exit-poll survey ban on publication cases, recording the decision of the Election Commission to recall the said guidelines.

8.3. Strongly relying on the "exit-poll survey ban case', Mr.P.T.Perumal, learned counsel for the petitioner, contends that in the absence of any specific law, no norms or guidelines could be suggested by the Commission of Inquiry, infringing the freedom of speech and expression and of press, conferred under Article 19(1)(a) of the Constitution of India, and that even if such norms or guidelines were enacted as a law by the Parliament, even then, such law would be violative of the basic right of free speech and expression and of press.