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Monday, July 02, 2001

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President's rule if T.N. does not abide by directives: Advani

By Kesava Menon

ISTANBUL, JULY 1. The resort to Article 355 of the Constitution is unavoidable for the Central Government as it tries to handle the fallout of the developments in Tamil Nadu, the Union Home Minister Mr. L. K. Advani, said here today.

He also strongly hinted that the Centre would not hesitate to impose President's rule if the Tamil Nadu Government did not abide by the directives that the Centre had the right and duty to issue under Article 355. (Article 355 empowers the Centre to protect States against external aggression and internal disturbance).

Speaking to TheHindu Mr. Advani, who concludes his official visit to Turkey today, said the developments in Chennai were akin to those of the imposition of Emergency in 1975.

``It is disturbing that in June 2001 we are seeing June 1975 repeat itself in Tamil Nadu. The two principal characteristics of June 1975 were the assault on the media and assault on dissent and opposition. What has happened in Chennai day before yesterday is worrisome because both these tendencies which are hallmarks of any authoritarian regime have manifested themselves flagrantly.

``Therefore what has happened is not just a case of wrongful confinement or mala fide prosecution of a leader.

``It is on the one hand, an attack on democracy and on the other a defiance of the Central Government by a State Government in as much as two Union Ministers have been arrested without rhyme or reason.

``The Cabinet at the moment is considering the matter. I am sure it would take all these aspects of the situation into consideration.'' Mr. Advani said.

`Violation of Constitution'

Mr. Advani was asked whether there was not an obvious implication to his statement. As per his statement, he saw the Tamil Nadu developments not just as a breakdown of the constitutional machinery but as a violation of the Constitution itself.

In reply Mr. Advani said that for this reason the Union Cabinet would have no option but to resort to Article 355 and issue certain directives to the State Government.

A directive for the immediate release of Mr. Murasoli Maran and Mr. Baalu could be part of the Centre's package of instructions, Mr. Advani hinted.

Mr. Advani pointed out that the Central would be constitutionally justified in imposing President's rule if the Tamil Nadu Government did not abide by the directives issued under Article 355. The indications are that the Minister would not hesitate to recommend the imposition of President's rule if it is necessary but wants available constitutional procedures to be exhausted first.

Contradicting the Chennai police version, Union Home Minister officials are understood to have reported that Mr. Maran, instead of resisting arrest, had been pleading with the policemen before he was taken into custody.

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