The Hindu : Centre denies T.N. charge on Maran, Baalu

Online edition of India's National Newspaper
Wednesday, Nov 20, 2002

Southern States

Southern States - Tamil Nadu

Centre denies T.N. charge on Maran, Baalu

By A. Subramani

CHENNAI NOV. 19. The Centre has told the Madras High Court that the Tamil Nadu Government's stance that it was pressurised by the Centre to drop cases against the Union Ministers, Murasoli Maran and T.R. Baalu, was ``far-fetched and preposterous''.

(The State Government, which instituted criminal cases against the two Ministers in the wake of the former Chief Minister, M. Karunanidhi's arrest on June 30, 2001, dropped the proceedings later. When the withdrawal of criminal cases was questioned in court by one Radha Rajan, the State claimed that it was virtually forced to do so by the Centre, which ``threatened'' to impose President's rule in Tamil Nadu).

Noting that it was not open to the State to arrest two Central Ministers ``on flimsy and trumped up charges'', thereby bringing about a confrontation, the counter-affidavit and a reply to the Tamil Nadu's counter-affidavit said, "the theory now sought to be built up by the State Government, spelling out the reasons for such withdrawal, can be nothing but an after-thought to continue to harass Mr. Maran and Mr. Baalu. It ill-becomes a State to conjure up things to show that some sort of a pressure was brought about by the Centre to have the cases withdrawn''.

It was not for the Centre to say anything about how the State should have conducted itself in the matter of withdrawal of the case or dropping of action against the Union Ministers, the reply said.

"The sum and substance of the advisory issued by the Government of India was that Tamil Nadu Government must follow Constitutional provision, particularly Article 19, and the pronouncements of the Supreme Court in the matter of effective arrests. Nothing more can be read into the said advisories''.

It said that at no point of time had the Centre, directly or indirectly or orally or in writing, asked the Tamil Nadu Government to withdraw cases against Mr. Maran and Mr. Baalu.

To say that the State had no option but to drop the cases was nothing but ``setting up a deliberate alibi for a voluntary act of withdrawal by the State Government, and trying to revive the cases against the Union Ministers''.

Questioning the very locus standi of the petitioner, the counter-affidavit said there was evidence available to show that the petitioner acted as a proxy and the writ petition had been filed for publicity purposes. According to the counter, the Tamil Nadu Government directed its police to move the court for the Union Ministers' release and the subsequent dropping of cases against them.

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