The Hindu : Front Page : Judge’s outburst against DMK government

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Tuesday, Oct 02, 2007
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Judge’s outburst against DMK government

J. Venkatesan

New Delhi: A Supreme Court Judge on Monday orally observed that if it was found that the Dravida Munnetra Kazhagam (DMK) government in Tamil Nadu had not implemented the September 30 orders to stop Monday’s bandh, the court would “recommend” its dismissal to the President of India.

Justice B.N. Agrawal made this observation after the counsel for the All-India Anna Dravida Munnetra Kazhagam (AIADMK) contended before the court that by not running the transport services on Monday and by keeping the shops shut, the government had failed to obey the directions issued on Sunday.

Oral observations made from the bench during the course of hearings have no relevance in law.

In its special sitting on Sunday, a Bench of Justice Agrawal and Justice P.P. Naolekar, acting on a special leave petition filed by the AIADMK, restrained the DMK, the Congress, the Communist Party of India (Marxist), the CPI and the Pattali Makkal Katchi from proceeding with the call for the bandh and enforcing it.

On Monday, AIADMK counsel Guru Krishna Kumar alleged before Justice Agrawal (sitting with Justice Sathasivam) that a situation had arisen in Tamil Nadu where transport buses were not plying and shops and establishments were closed.

He alleged: “Your orders are not being implemented in letter and spirit.”

Justice Agrawal orally observed: “If what you say is true, then there is complete breakdown of the constitutional machinery in the State. We will recommend to the President to dismiss the DMK government in Tamil Nadu.”

Counsel submitted that the Chief Minister M. Karunanidhi was on a fast. Justice Agrawal commented: “Let him go on fast.

First let them implement our orders. You file a contempt; we will see. If you make out a case for contempt, we will not hesitate to call the Chief Minister and the Chief Secretary to this court.”

V.G. Pragasam, counsel for the State, told the Bench that some unions were on strike but the government was trying to run the bus services. Justice Agrawal retorted: “What is the government doing? Don’t put the blame on the unions.

They will try to perpetuate the bandh to make it a success. We have not issued any direction to the unions. We gave directions only to you [State].”

Justice Agrawal observed further: “Is this the Tamil Nadu government? DMK is a strong ally of the UPA government at the Centre. If this is the attitude of the DMK government, then it [Centre] should not feel shy to dismiss the State government.”

When Mr. Krishnakumar submitted to the court that he would move a proper contempt application, the Bench said “do it.”

The strong observations by Justice Agrawal were based on the contentions and allegations of the AIADMK counsel and there was no written order.

The AIADMK is filing the contempt application on Wednesday, according to its lawyers.

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