HC judge raps Tamil Nadu Govt.

By A. Subramani

CHENNAI, JULY 4. It was the Madras High Court Judge, Mr. Justice Narayana Kurup's turn today to slam the Jayalalithaa Government for taking ``major policy decisions which smack of political vendetta by ordering arrest and detention of her political rivals and bureaucrats''.

The caustic observations came when a Division Bench comprising Mr. Justice Kurup and Mr. Justice A. Ramamurthy was hearing a habeas corpus petition of a DMK advocate, Mr. Kanagaraj. The petitioner had said he was denied an audience with the former Chief Minister, Mr. M. Karunanidhi, by Chennai Central prison authorities on the pretext that there was a law and order problem.

Maintaining that Ms. Jayalalithaa's Government was on a sticky wicket with her appointment itself being a matter pending adjudication before the Supreme Court, Mr. Justice Kurup asked, ``is it not proper and prudent to keep tempers under cool?''.

``It would be better if the powers-that-be realised that they were given the mandate only to look after the welfare of the people and not to take revenge on political adversaries. In a democracy, there is no place for political vendetta'', he added. However, the Advocate-General, Mr. N.R. Chandran, explained that Ms. Jayalalithaa had been elected by her party legislators and also invited by the Governor to form Government. He pointed out that the High Court had dismissed three petitions challenging her appointment as Chief Minister, and there was no stay in operation. In these circumstances there was nothing wrong in the Government taking certain executive decisions, he explained.

The Counsel for Jayalalithaa in various cases, Mr. N. Jothi, also intervened to say that she was a fullfledged Chief Minister with no legal fetters on her to discharge her duties.

`Embarrassment to Govt.'

Earlier in the day, the Principal Sessions Judge, Mr. S. Ashok Kumar, hearing the bail application of an accused in the `flyover scam case', said if the merits of the case were analysed ``it will be an embarrassment to the Government and bring more things to light''.

The Judge also told the State Public Prosecutor, Mr. Gomathinayagam, who had been specially roped in for the case, that being in-charge of the prosecution in the State, he should act without any fear and offer proper advice to the Government.

``No guidelines of the Supreme Court have been followed at the time of arrests. There were commissions and omissions in the filing of the First Information Report also'', he observed. The apex court has stipulated that prior to the arrest of well-known personalities a proper preliminary probe should be conducted, he added.

Moreover, the Investigating Officer had admitted on Tuesday in the same court that none of the accused got any pecuniary advantage from the mini-flyover project, he added.

Mr. Ashok Kumar said that the former Chief Secretary, Mr. K.A. Nambiar, had undergone surgery only recently and could not stand or sit for even a short duration. ``His condition is pathetic'', he observed.

Refusing to heed the PP's request to post the hearing on the bail plea for Friday, the Judge posted it for 12.30 p.m. tomorrow (Thursday) saying that more bail applications in connection with the case were coming up for hearing on that day.

The petitioner, Mr. R.S. Sridhar, was the Taxation Committee Chairman in the Corporation, besides being the Traffic Improvement Committee member.

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