Is your heart made of muscle or mud, judge asks police

By A. Subramani

CHENNAI, JULY 3. The prosecution, in the alleged `flyover scam' case in Tamil Nadu, received a severe beating today, when the Investigating Officer (I.O.) informed the Sessions Court here that none of the 14 accused received any pecuniary benefits. According to the Deputy Superintendent of Police, CB-CID, Mr. P. Padmanabhan, the advantage went only to the contractors who, however, are not named in the First Information Report (FIR).

(The statements of the I.O., along with those of the complainant, Mr. J. T. Acharyulu, were recorded in the court when the bail applications of two of the accused came up for disposal. The Principal Sessions Judge, Mr. S. Ashok Kumar, granted conditional bail to the traffic consultant, Mr. N. S. Srinivasan, and anticipatory bail to the former Chief Secretary, Mr. A. P. Muthusamy).

Conceding that the entire case rested on documentary evidence, the CB-CID official said no material object or document was seized from any of the suspects. Stopping short of saying that the arrests were not warranted, he said none of them, barring the eighth accused, Mr. Raja Shankar, was suspected to either abscond or flee from justice.

Before arresting the accused, which included the former Chief Minister, Mr. M. Karunanidhi, the CB-CID had obtained witness statement only from Mr. Acharyulu. Except for the FIR, the complainant's statement and some Corporation files, the agency had no other document prior to the arrests, he stated.

Admitting that he had not verified all relevant documents before effecting the arrests, Mr. Padmanabhan said his superiors were consulted and it was on their direction that the midnight arrests were made.

Recording his statements, the Principal Sessions Judge, Mr. S. Ashok Kumar, took serious exception to the selective violation of his remand order in Mr. Karunanidhi's case by the prosecution.

``Mr. Karunanidhi was made to wait before the Central Prison like a beggar. Everyone saw it. The whole world saw it on television,'' he observed.

Mr. Karunanidhi was taken neither to the Government Hospital, next to the prison, nor the Kilpauk Medical College Hospital which was en route to the prison. ``He is a 78-year-old man suffering from various health ailments. Is your heart made of muscle or mud? What was the pressure on you,'' he asked.

When Mr. Ashok Kumar wanted to know how a portion of his remand order, regarding medical examination of the former Chief Minister before being lodged in jail, was violated, the CB- CID official blamed the Deputy Commissioner of Police, Mr. Sarangan. He said Mr. Sarangan, who was put in-charge of ensuring medical examination of Mr. Karunanidhi, had apparently failed to do so.

Referring to the Chennai Mayor Mr. Stalin's remand order, where it was specifically mentioned that he be lodged in Chennai Central Prison, the judge asked why he was shifted to the Madurai jail instead. The I.O. said he had submitted the court order to the jail authorities. But, for reasons not known to him, they decided to move Mr. Stalin to Madurai.

He also rapped the CB-CID for delaying the dispatch of the FIR copy to the court. He pointed out that the exact time of the registration of the FIR had not been mentioned at all by officials. Yet again, the official conceded that it was a failure on his part.

Earlier, the judge summoned the Chennai Corporation Commissioner, Mr. Acharyulu, and recorded his statements. He was asked why the complaint was not sent to the DVAC but there was no reply. Mr. Acharyulu submitted that he had prepared the complaint along with some Corporation officials on June 28 and 29. A copy of the complaint was not sent to his superiors as he deemed it unnecessary, he said.

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