I. Manilal
Singh Alias M. Manihar Singh Vs. Union
of India [1993] INSC 145 (23 March 1993)
Venkatachalliah,
M.N.(Cj) 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:
HEAD NOTE:
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
The
contempt proceedings are dropped.
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