Southern States - Tamil Nadu

Swamy questions citizenship of Dinakaran

By A. Subramani

CHENNAI JUNE 6. The Madras High Court today admitted a petition filed by the Janata Party president, Subramanian Swamy, questioning the citizenship status of the AIADMK MP, T.T.V. Dinakaran, and also seeking to quash his election from the Periyakulam constituency.

The First Bench, comprising the Chief Justice B. Subhashan Reddy and Justice D. Murugesan, ordered notices to the Centre.

The Senior Central Government Standing Counsel, Madangopal Rao, took notice, returnable in four weeks, for the Secretary-General of Lok Sabha.

According to Dr. Swamy, Mr. Dinakaran, `on his own admission before the Enforcement Directorate in November 1995 and January 1996', said he was the permanent resident of Singapore.

He acquired the status by depositing $ 1.5 millions as required under the `Deposit Scheme for Permanent Residence' in Singapore.

By withholding the self-acknowledged allegiance to a foreign country and furnishing a false declaration regarding his residential status while filing his nomination, Mr. Dinakaran had `committed a fraud' and `introduced impurity' into the electoral process, Dr. Swamy argued.

``Being a permanent resident of Singapore by his own admission, he was not ordinarily residing in Mylapore constituency, and as such the registration of his name as a voter in the constituency is illegal, void and a fraud on the electoral process'', he contended.

When the Bench told Dr. Swamy that a dismissed election petition filed against Mr. Dinakaran also dealt with the same question, he pointed out that details pertaining to residential status/citizenship could not be included in an election petition.

However, the Bench turned down Dr. Swamy's plea for an interim order restraining Mr. Dinakaran from participating in the proceedings of the Lok Sabha pending disposal of the writ petition.

Fiat on police association

Meanwhile, the Bench directed the Government to consider and dispose of the applications seeking approval for forming constables and subordinate police officers' associations in the State within a month.

Disposing of three other petitions, including that of Dr. Swamy, the Bench said, ``the Government is obliged to consider and dispose of the representations (to form police associations), but did not do so, so far.

The essential ingredient for judicial adjudication is cause of action, which arises only when the order is passed and if that order is adverse to the petitioners.

``Since such a stage did not arise as yet, it is only appropriate to issue a direction to the court to consider and dispose of the applications (to form police associations) filed by the petitioners...having regard to the fact that similarly situated associations have been accorded approval and also with reference to the Fundamental Right to form associations guaranteed under Article 19(1)(c) of the Constitution''.

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