- (1.) We have heard Dr. Chitale and the learned Attorney General.
(2.) This is an application for contempt for the violation of the order of this Court. In this matter, a special leave petition from the order of the High Court of Andhra Pradesh was moved in this Court and came before a Bench of two learned Judges on 21st April, 1989. The said Judges referred the matter to the Constitution Bench. The Constitution Bench on 25th April, 1989 passed an order in the petition before this Court. In the petition, the constitutionality and the validity of the resolution of the Andhra Pradesh State Assembly dated 29th March, 1989 were challenged. It was alleged that the fundamental rights of the persons named therein have been violated by making an order of detention without giving any opportunity of hearing or showing cause to the said persons. There was, it was alleged, denial of the right to be heard and deprivation of the liberty of those persons by a procedure which was neither just, fair or reasonable. In the order passed by the Assembly, breach of Art. 21 of the Constitution was alleged. Facts were there in the application, which were considered by this Court carefully, and it was found that a prima facie case for investigation of the violation of Article 21 of the Constitution was made out. The order complained of was an order of detention for 30 days and seizure of the vehicles, which were in the compound of the Assembly. In that light, it became necessary to examine whether in the action of the Legislative Assembly there was any violation of any fundamental rights of the said persons. We, therefore, issued notices on the petition for leave to appeal against the decision of the High Court which had dismissed the application under Article 226 of the Constitution in this matter. After hearing the parties and after referring to the decision of this Court in Special Reference No. 1 of 1964, 1965 (1) SCR 413 we had passed the following order : "Issue notice returnable on 18.7.1989 to the Secretary, A.P., Legislative Assembly, Hyderabad. the Superintendent of Jail, Musheerabad, District Jail, Secunderabad, Shri K.V. Narayana Rao. Government Chief whip in the Andhra Pradesh Legislative Assembly, Hyderabad and also to the Attorney General of India and the Advocate General of the State of Andhra Pradesh. In view of the observations made by this Court in Special Reference 1 of 1964, 1965 (1) SCR 413 at page 496, we also issued notice to Speaker of the Legislative Assembly Hyderabad which may be served through the Secretary. In view of the fact that the matter has been referred to a Constitution Bench by virtue of order dated 21st April, 1989 as the question involved is the interpretation of Article 194 (3) of the Constitution of India and in view of the principle laid down by this Court in Special Reference I of 1964 (supra at 498), we direct that the detenus mentioned at page 51 and 52 of the Paper Book at Annexure I be released forthwith and their period of imprisonment will remain suspended until further order. This order is subject to further orders of this Court and in case the Special Leave Petition is dismissed, the persons so released shall be liable to be sent back to prison to serve out the remaining sentence.
(3.) By the aforesaid order quoted hereinbefore we had directed "that detenus mentioned therein should be released forthwith and their period of imprisonment will remain suspended until further orders." This was an interim order passed by this Court pending the consideration of the matter. We wanted to have the assistance of all concerned including the Speaker and the Secretary of the Hopse and to give opportunity to the necessary parties. We also requested the Advocate-General of the State as well as the Attorney General for India to assist this Court in this matter. Our attention has now been drawn to the warrant of commitment issued by the Speaker dated 15.9.1989. The Warrant inter-alia, recites as follows ' "AND Whereas the Supreme Court ordered for the release of the 32 prisoners on 25th April, 1989 on a Special Leave Petition filed before the said Court. And whereas it is expedient to provide for certain immunities and exemptions to render it possible for per sons in possession of black money to invest the same in the said Bonds ;" Whereas the said Detenus have undergone only 29 days of imprisonment before they were released as per the decision of the Supreme Court. Whereas it is decided now to imprison them for the remaining period of one day. Therefore, LG. Narayan Rao, Speaker, Andhra Pradesh Legislative Assembly by this warrant of commitment direct the Commissioner of Police, Hyderabad city to take the above named persons into custody and lodge them in the Central Jail, Musheerabad, Hyderabad to undergo imprisonment for one day." Pursuant to this warrant of arrest we are informed 15 persons have been arrested and taken into custody. But the warrant is pending against others, and they have not been arrested, Dr. Chitale appearing for the petitioners states that the following persons against whom warrants have been issued have not yet been arrested : 1. Sri Shabbir (5) 2. Sri Anthony Dass (6) 3. Sri Saleem (9) 4. Sri Ayub Khan (11) 5. Sri A. Ravi Babu (12) 6. Sri B. Suresh Kumar (18) 7. Sri Wascem Khan (22) 8. Sri Asif Hussain (23) 9. Sri G. Ravi (24) 10. Sri K.V. Rama Rao (25) 11. Sri M. Arvindu (26) 12. Sri G. Vijay (27) 12. Sri G. Vijay (27) 13. Sri J. Sundaram (28) 14. Sri Mohammad Hazmat (29) 15. Sri Manikya Rao (30) 16. Sri Namala Anjaiah (31) 17. Sri Shaik Afsar (32);