Southern States - Tamil Nadu   

AIADMK legal adviser defends anti-usury ordinance

With reference to the news item ``Anti-usury ordinance `hasty, lacks clarity", the legal adviser of the AIADMK, N. Jothi, writes:

"After going through the article, I am at a loss to understand what you intend to convey to the public. It does not cover the salient features of the ordinance, either clause by clause, or even some of the important clauses, which are mainly relief-oriented. Section 2 of the ordinance in 9 sub-sections, clearly defines what is meant by interest. Under the ordinance, by means of Section 5, a debtor can approach a civil court and get relief. A creditor, who wants to avoid criminal prosecution and intends to take correctional path, can avail himself or herself of the relief available under Section 7 of the ordinance by presenting a petition to a civil court that he intends to charge the interest rate fixed by the Government, so as to avoid any possible prosecution against him. Under Section 8, interest so far paid is to be adjusted towards the principal and set-off will be given from paying further amount to the creditor.

"When the ordinance is being appreciated by every section of the public, and when it has already started giving relief to the public, when every other newspaper with the exception of The Hindu appreciates the ordinance as a necessary and pertinent measure, I am at a loss to understand why The Hindu wants to isolate itself from the mainstream in respect of matters for which my leader, the Hon'ble Chief Minister, richly deserves appreciation".

"The article never seems to have attempted knowing or exploring the views of the legal experts `if any' apropos of any particular section of the said article. Mere prosecution alone is not the intention of the ordinance. The debtors can always approach the civil court seeking civil remedy just by paying a nominal court fee of Rs.100 only. There are at least four provisions in the said ordinance, which render complete justice to the debtors while approaching the civil forum. Your article never touches upon these aspects".

"I am surprised to read the views expressed in the article as to how the cognisance of the offence will be appraised. It would have been better if your correspondent had approached competent lawyers to know what is meant by cognisance and how the law is set in motion as it is done in other enactments including the Indian Penal Code".

(The report had quoted police sources on the issue of `cognisance')

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