- (1.) HEARD Learned Counsel for petitioner in person and Sri B. B. Paul learned Counsel for respondents who had accepted notice on their behalf. He may file counter-affidavit with in one month.
(2.) SINCE the constitutional validity of the Ordinance issued by the President of India dated 18-1-99, by which free railway facilities have been provided to Ex-MPs, in question issue notice to the Attorney General of India. List the petition on 28-4-99 on which date the petition itself may be finally disposed of. By means of this petition the petitioner has challenged the constitu tional validity of the Ordinance of the President of India dated 18-1-99 providing for free railway facility to Ex- MPs. The petitioner, a former Air Force Officer had earlier filed Writ Petition No. 12586 of 1992 which had been allowed by this Court by the judgment dated 16-12-98, copy of which has been filed as Annexure 1 to the writ petition. In the aforesaid judgment this Court had held that grant of free railway facilities to former Members of Parliament was illegal and in violation of Article 14 of the Con stitution. The Court had further observed that in a poor country like ours, such pas ses cannot be given in this manner and former Members of Parliament are not a privileged class.
(3.) IT appears that subsequently the impugned ordinance was issued by the President of India. It appears that the aforesaid judg ment passed in Writ Petition No. 12586 of 1992 dated 16-12-98 was never challenged before the Supreme Court and hence it has become final. Therefore, the aforesaid judgment is binding on us, as it is a judg ment of a Division Bench.;