SC hearing on Karunanidhi arrest on July 9

By Our Legal Correspondent

NEW DELHI, JULY 2. The Supreme Court will hear after July 9 a writ petition challenging the arrest and detention of the former Tamil Nadu Chief Minister, Mr. M. Karunanidhi and the two Union Ministers, Mr. Murasoli Maran and Mr. T.R. Baalu (detenus), by the Tamil Nadu Government authorities concerned.

The petition from Mr. Bhim Singh, Chairman, State Legal Aid Committee (Jammu & Kashmir) also sought the Court's direction to the Tamil Nadu Government authorities to produce all records relating to the arrest and detention of the three detenus and also their release.

Tamil Nadu through its Chief Secretary, the Chief Minister, Ms. Jayalalithaa, the Tamil Nadu Director-General of Police and the Union of India, were cited as respondents in the petition.

When this petition was `mentioned' today before the vacation Bench of the Court by Mr. Bhim Singh (petitioner- advocate), the Bench observed the petition fell under the category of a `habeas corpus petition' and it required to be gone through thoroughly before being taken up for hearings.

Mr. Justice R.C. Lahoti and Mr. Justice S.N. Phukan were on the Bench.

The petitioner pleaded that it sought ``the enforcement of fundamental rights guaranteed to every citizen of the country, including'' the three detenus ``who have been illegally arrested and detained'' by the State of Tamil Nadu and the State DGP ``in a post midnight operation carried on June 29 at the behest of Ms. J. Jayalalithaa, as an act of vindictiveness with a purpose to humiliate Mr. M. Karunanidhi and his supporters, including the Government officials who were associated with Mr. M. Karunanidhi during his tenure''.

The petition urged that ``so far as the arrest of the three detenus are concerned, none of the aforesaid guidelines (laid down by the Apex Court in D.K. Basu's cases, 1997) have been followed by the respondents No.2, 3 and 4 (Tamil Nadu authorities concerned) and that, moreover, the arrest of these persons is in flagrant violation of the aforesaid guidelines given by the Apex Court''.

The petition argued that it raised the following important questions: a) ``Whether a Chief Minister by misusing her power and authority merely to settle her political revenge can be allowed to arrest Union Ministers, including the Prime Minister of India, and allow breakdown of the constitutional machinery?'' and b) ``Whether the political opponents can be allowed to be harassed, humiliated by power that is in flagrant violation of the procedure laid down in the Criminal Procedure Code and the law declared by the Apex Court and the constitutional mandate as envisaged in Articles 14, 19, 21 and 22 of the Constitution of India.''

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