Southern States - Tamil Nadu   

Police given time to file counter to Karunanidhi plea

By K.T. Sangameswaran

CHENNAI DEC. 30. A city court today granted time till January 28 for the city police to file its counter to a petition by the Dravida Munnetra Kazhagam (DMK) president, M. Karunanidhi, seeking to dispense with his personal appearance at hearings in the case registered against him under the Tamil Nadu Essential Services Maintenance Act (TESMA).

The Chief Metropolitan Magistrate (CMM) has also ordered notice to the DMK leader on a petition filed by the police seeking to transfer the case from the court of the Additional Chief Metropolitan Magistrate to a spacious court on the ground floor.

The police filed the charge sheet against Mr. Karunanidhi for an offence under section 5 of the TESMA for allegedly instigating State government employees to strike work in July.

In his petition filed in the Additional CMM court, under Section 205 Cr.P.C, Mr. Karunanidhi submitted that during the stir, several false cases were registered against not only government servants but also political party leaders with a view to harassing them. One such case was registered against him. Mr. Karunanidhi submitted that in view of his advanced age, he was not in a position to move about freely and particularly to climb stairs. No question of his identification needed to be established before the court. He undertook to appear as and when directed. His counsel would appear on his behalf on all adjournment dates, Mr. Karunanidhi said. The Additional CMM ordered notice to the prosecution to file its counter.

The case came up for hearing today in the court of the II Metropolitan Magistrate, Rajasekhar, in the absence of the Additional CMM, D. Arulraj. As the prosecution sought more time to file the counter, the court granted the request.

In its application before the CMM, the police had submitted that the day Mr. Karunanidhi came to the Additional CMM court, Egmore, located on the first floor, to receive a copy of the charge sheet, the court could not accommodate a huge crowd. Hence the case could be transferred to a spacious court located on the ground floor.

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