- (1.) In spite of our earlier order in the Contempt Proceeding directing Dr. H. Borobabu Singh to appear in person today, he is not present. His counsel Mr. Bhattacharya has filed an affidavit inter alia stating that Dr. Singh is immune from such directions in view of his constitutional position as a Speaker. He was permitted to elaborate his submission and advance arguments in support thereof. He has not been able to advance any substantial argument in this behalf. We have considered the matter in depth and are of the view that there is no justification whatsoever for this plea. This is a case in which Dr. Singhs function is not as a Speaker in the House. The facts of the case which are on record in this matter clearly show that Dr. Singh was acting as Authority under the Tenth Schedule to the Constitution and in that capacity certain orders were passed which gave rise to the present contempt petition. In a petition filed by the Petitioner Manilal Singh, directions issued by this Court relating to his service conditions which have, according to the allegations, not been respected by Dr. Singh. In this context and background, we do not have any doubt that the capacity in which Dr. Singh was functioning was not that of the Speaker of the House, but as administrative head of the Secretariat of the Legislature in relation to the rights of one of the employees. Accordingly, we hold that there is no merit at all in the plea raised regarding the jurisdiction of this Court and the objection is, therefore, rejected.
(2.) We asked Mr. G. Ramaswamy, learned Attorney General to examine the matter and indicate his opinion as to the enforceability of the directions of this Court requiring the personal appearance of Dr. H. Borobabu Singh in Court. On earlier occasion also, learned Attorney General had indicated that this Court would have been justified in taking a far stricter view of the conduct of Dr. Singh and it is an appropriate case where it is not only within the power of this Court, but also its bounden duly to take such steps which will reassure the people of their faith in, and respect for the Institution, now that it is obvious that the indulgence granted so far to Dr. H. Borobabu Singh has been misplaced. Mr. Altaf Ahmed, learned Additional Solicitor General appearing for the Union of India fully supports the opinion and submission of learned Attorney General JJ.
(3.) Mr. Kapil Sibbal who represents the Chief Secretary of Manipur also expressed this opinion on these lines.;