Indian Kanoon - Search engine for Indian Law

After Writ Petition No. 122 of 1958 had thus ended, the petitioner again moved this Court under Art. 32 of the Constitution. That case was registered as Writ Petition No. 106 of 1959. On January 5, 1959, the petitioner received a notice that the case of breach of privilege against him would be considered by the Committee of Privileges of the Assembly on February 3, 1959. That hearing was postponed from date to date, until in August, 1959, the petitioner filed his petition under Art. 32 of the Constitution. He contended in that petition that, as a citizen of India, the petitioner had the fundamental right under Art. 19(1)(a) of the Constitution to freedom of speech and expression which included the freedom of publication and circulation and that the Legislature of the State of Bihar could not claim any privilege contrary to the right thus claimed. In effect, it was contended that the privilege conferred on the Legislature of a State by Art. 194(3) of the Constitution was subject to the fundamental right of a citizen contained in Art. 19(1)(a). It was also contended that the first respondent, the Chief Minister of Bihar, who, it was alleged, had control over the majority of the members of the Bihar Legislative Assembly and of the Committee of Privi- leges, was proceeding mala fide in getting the proceedings instituted against the petitioner for alleged breach of the privilege of the House. Though not in terms, but in effect, the points raised in this petition were a reiteration of those already determined by this Court in its judgment aforesaid of December 12, 1958. The prayer made in the petition was that the proceedings of the Committee of Privileges at its meeting held on August 10, 1958, might be quashed and the respondents restrained by a writ in the nature of a writ of prohibition from proceeding against the petitioner in respect of publication aforesaid of the proceedings of the Bihar Legislative Assembly of May 30, 1957. After the petitioner had made his writ application to this Court as aforesaid, the Bihar Legislative Assembly reconstituted the Committee of Privileges of the Assembly, and on that very date a member of the Legislative Assembly sought to move a motion in that Assembly for revival and re- reference of the matter of the alleged breach of privilege by the petitioner. Some members of the Bihar Legislative Assembly objected to the motion being moved and the Speaker of the Assembly deferred giving his ruling on that objection. At the instance of some of the members of the Assembly, the Speaker of the Assembly referred two questions to the Advocate General of Bihar for his opinion on the floor of the House on October 20, 1959, namely, (1) whether it was open to the Assembly to debate on an issue which might be sub judice in view of the writ petition aforesaid filed by the petitioner in the Supreme Court under Art. 32; and (2) whether the matter which was dead by reason of prorogation of the House several times could be, legally revived and restored. On October 20, 1959, the Advocate General of Bihar attended the House and gave his opinion, which it is not relevant to' state here. The Writ Petition, 106 of 1959, was heard in part and allowed to be withdrawn, as indicated above, on November 12, 1959.