Ex-CM arrest: NHRC rejects T.N. plea

By J. Venkatesan

NEW DELHI, AUG. 23. The National Human Rights Commission today rejected the Tamil Nadu Government's objection that the NHRC could not proceed with the inquiry relating to the alleged human rights violations in the arrest of the former Chief Minister, Mr. M. Karunanidhi, and two Union Ministers, Mr. Murasoli Maran and Mr. T.R. Baalu.

The Commission, headed by Mr. Justice J. S. Verma, also turned down the plea of the State Government for deferring the proceedings for three to four months till the State inquiry commission submitted its report. The NHRC asked the parties to file their replies for going ahead with the inquiry.

On the contrary, the NHRC said it would be appropriate for the Justice Raman Commission of inquiry appointed by the State Government to defer its probe till the NHRC completed its proceedings.

The Commission agreed with the submissions advanced on behalf of Mr. Karunanidhi and the two Union Ministers that NHRC's jurisdiction was excluded only when the subject matter of the inquiry was pending before the Justice Raman commission before the NHRC took cognisance of the same.

In this case, the NHRC said it had ordered notice to the Tamil Nadu Government on July 2, whereas the State appointed an inquiry commission only on July 7. Hence, by no stretch of the imagination could it be construed that the matter pending before the State Commission had been taken cognisance of by the NHRC.

The Commission, which included Mr. Justice K. Ramaswamy, Mrs. Justice Sujata Manohar and Mr. Virendra Dayal, held that Section 36 (1) of the Protection of Human Rights Act could not be applied in this case.

There was no impediment to the inquiry by the NHRC into the matter, the order said adding ``the inquiry initiated by NHRC on July 2 shall continue''.

On a complaint from People's Watch-Tamil Nadu alleging human rights violations in the arrest of Mr. Karunanidhi and the two Union Ministers, the NHRC, observing that the allegations suggested violations of statutory requirements during the arrest, issued notice to the Tamil Nadu Chief Secretary.

In its reply, the Tamil Nadu Government maintained that at the time of the arrest, all legal formalities were followed and Mr. Karunanidhi was informed about the grounds and a written memo of arrest was issued to his wife, Ms. Rajathi Ammal, who, however, refused to acknowledge the same.

Also, there was no violation or contempt of the Supreme Court order in D.K. Basu's case.

The State Government also submitted that Mr. Maran and Mr. Baalu were arrested as they prevented police from discharging their lawful duties, abused them, and Mr. Maran even attempted to forcibly enter the car in which Mr. Karunanidhi was seated.

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