- (1.) By this petition, following prayers have been made, which are quoted hereunder for ready reference: "(1) By issuing an appropriate writ, or order or direction, respondents may kindly be directed to allow petitioner to participate in the Assembly IV session for Budget 2015 by escorting him in custody for the purpose of participating in the proceedings in the Assembly. (2) The Hon'ble Court may kindly pass such other order or a direction, which it may deem just, proper and expedient in the facts and circumstances of the present case. Any other appropriate relief to which the appellant/petitioner is found entitle may also be granted."
(2.) Learned counsel submits that petitioner is an elected representative of Legislative Assembly. He is behind bars pending trial for the offence under Section 302 & 120B IPC. The petitioner has right to attend the Assembly and participate in the proceedings as per Article 194 of the Constitution of India. The petitioner has not been permitted to attend the Assembly proceedings. It can be allowed under custody. The prayer aforesaid was made by the petitioner but having not been accepted or exceeded to, present petition was filed.
(3.) Learned counsel for petitioner made a reference of judgment of the Hon'ble Apex Court in the case of Nalin Soren Vs. State of Jharkhan in Petition for Special Leave to Appeal (Crl) No.5859/2013, decided on 18.07.2013. Therein, permission to attend the assembly proceedings was granted. The petitioner is entitled to the similar relief. In absence of it, representation of the particular Constituency of the Assembly could not be made, moreso when it is a budget session. The grievance of the people needs to be brought before assembly, thus prayer is made to allow the petitioner to attend the proceedings.;