In a common order on two petitions, Justice K Chandru directed the committee to permit Gopal to be represented by a lawyer of his choice in the proceedings pending before the committee.
Gopal in his petition, challenged the order and sought a direction to Tamil Nadu Legislative Assembly Secretariat to permit him to appear and represent through or along with his counsels, as of right, in the proceedings.
Advocate E Edwig in his petition also challenged the January 28, 2012 proceedings of the Legislative Assembly Secretary, asking his client to appear before the Privileges Committee to give a statement in writing for giving an explanation to the show cause notice issued by the Committee.
After hearing petitioners and respondents, Justice Chandru referred to Legislative Assembly Rules and said there was no rule preventing the Committee from permitting the affected person to have assistance of an advocate in the proceedings to be conducted by them.
Citing many Supreme Court judgements, he said the stand of the Privileges Committee, as notified by the respondents, "cannot be said to be legally valid.
"It is suffice that the proceedings may culminate in the deprivation of liberty of a citizen and the petitioner's apprehension that he will be unable to deal with the situation on his own and requires the assistance of an advocate. Hence the Committee cannot deny assistance of the counsel."
