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Bandh case: Tripathy tenders unconditional apology in court

J. Venkatesan

Apology in response to contempt notice
Chief Minister adopts same stand as Chief Secretary

L.K. Tripathy

NEW DELHI: Tamil Nadu Chief Secretary L.K. Tripathy while maintaining that the State government had not violated the Supreme Court’s order banning the bandh on October 1, 2007 on the Sethusamudram issue has tendered an unconditional apology if the court was of the view that the order had not been effectively implemented.

The Chief Secretary stated this in his affidavit filed in the Supreme Court in response to the contempt notice issued on the AIADMK’s petition alleging that the order had been violated.

Chief Minister M. Karunanidhi did not file a separate affidavit but the State counsel told the court on Monday that the Chief Minister was adopting the stand of the Chief Secretary. The then DGP, Rajendran, filed a similar affidavit tendering an unconditional apology.

Mr. Tripathy said “this contemnor has got the highest regard and respect and obedience for the orders of this court and has not violated or intended to violate any of the orders passed by this court.” He said if the court was of the view that the order had not been effectively implemented, “it was not wilful and this first contemnor tenders his unconditional apology for the same and the court may be pleased to purge this contemnor from the contempt proceedings.”

Mr. Tripathy said the government received the court’s order at 10.30 p.m. on September 30, 2007 and instructions were issued over phone to the District Collectors regarding the measures to be taken for maintenance of law and order and public tranquillity and sustaining normalcy. He said that in view of the various steps taken, barring certain stray instances, no major act of violence or incident detrimental to law and order had been reported and the routine life of people passed off without any disturbance.

He said following the interim orders of the Supreme Court, the Democratic Progressive Alliance in the State decided to observe a fast on October 1, 2007. Hence, the contention of the petitioner that the State machinery did not take any action to ensure normalcy was not correct. The allegation that buses did not ply was incorrect, as buses were operated on 2,749 routes. Due to the visible presence of police, there were no complaints of obstructions of public transport and closure of shops and establishments. Seeking dismissal of the contempt petition, he said train services were maintained without any disruption and denied the petitioner’s allegation that the Supreme Court order was not enforced.

Earlier, a Bench of Justice B.N. Agrawal and G.S. Singhvi directed the Chief Minister, the Chief Secretary and the DGP to file written explanation as to why there was an inordinate delay in filing a response to the contempt notice issued by the court.

Justice Agrawal orally told counsel: “It is almost a year and by now the matter could have been disposed of. Your Chief Minister and Union Minister have no time to file replies to the show cause. You are above the law! What type of people are you?”

Referring to Union Minister Baalu, Justice Agrawal said: “Because you are in the Central government, do you think that you will do everything but you will not file your reply? You think you can dictate to this court also. If this is their [contemnors’] attitude we will issue warrant of arrest and let them come and appear in the court.”

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