AIADMK MP's petition referred to Bench

Chennai, Jun 19 (UNI) Madras High Court today referred to a Division Bench hearing of the petition filed by an AIADMK MP, seeking to quash the notice issued by Advocate General to initiate contempt proceedings, as the issues raised in the petition required Constitutional interpretation.

Justice V Dhanapalan referred the petition filed by AIADMK MP N Jyothi, seeking to overthrow the notice issued by Advocate General R Viduthalai to 12 AIADMK MPs on June six, 2007.

Originally, Advocate Ullasavelan presented a petition to Advocate General for his consent to initiate contempt proceedings against 12 AIADMK MPs, for allegedly casting aspersions on a particular judge in their representation dated May two, given to the Directorate of Vigilance and Anti-Corruption. Following this, Mr Viduthalai issued notices, returnable on June 20, to the 12 AIADMK MPs and challenging this the present petition was filed.

In his order, the judge said a careful consideration of the submissions made by both sides and the judgements furnished, the following points which requires constitutional interpretation arose for consideration. Firstly, Rights of MPs in respect of freedom of expression under Article 19 (1) (a) of the Constitution, secondly, Rights of MPs in respect of making report to an authority of the State in respect of a decision made by a judge of this court or subordinate courts and lastly the power of the Advocate General in issuing notice against the MPs calling for their appearance in contempt proceedings.

Court feels that it would be preferable if the matter was referred to Chief Justice for constituting a seperate Bench.

Considering the urgency of the matter, the Registry was directed to place the matter before the Chief Justice today itself, the judge added.

UNI