Controversy of arrests in Tamil Nadu about construction of flyovers

The scenes of arrest of then Former Tamil Nadu Chief Minister Karunanidhi of and host of others including Central Ministers Mr Murasoli Maran and Mr T.R. Baalu for the first time in Independent India was a Central Cabinet Minister arrested. The scenes of a 78 year old former Chief Minister being dragged screaming, crying and kicking, out of his residence at midnight on June 30 2001 shocked the nation. The images of the arrest was broadcast within a few hours of the arrest on Sun TV and all the other television channels which shocked the conscience of the nation. ^[1] Subsequent footage shown in the rival Jaya TV showed that the police did not push or punch Karunanidhi. Noted Forensic scientist, Prof. P. Chandra Sekharan from Bangalore (Yelahanka) claimed that the Jaya TV clipping was manipulated.^{[2] [3]}

Background

The First Information Report (FIR), based on the complaint lodged by Chennai Corporation Commissioner J C T Acharyalu on Friday night at 9 p.m on June 29 2001. Mr Acharyalu became Corporation Commissioner only after May 2001 assembly elections appointed by the Jayalalitha Government. He had been kept under suspension by the Karunanidhi Government. ^[4] The complaint relates alleged losses of Rs 12 crore in the construction of the mini-flyovers in the city of Chennai. M.K. Stalin was the Mayor of the city.As the police complaint was lodged only Friday night and the arrest took place within few hours at midnight with virtually no time to conduct an investigation. It was seen as a clear case of Political vendetta. ^[5]

Arrest

The Police went to Karunanidhi's house at an early hour of 1-30 a.m. on June 30 and broke open the door and asked karunanidhi to dress up, when Karunanidhi was asleep in the upstairs bedroom at his house. They cut the telephone lines to the house. Television clipping showed Karunanidhi falling down and being shoved, pushed, beaten and bodily lifted by police officers within the house. Murasoli Maran who went to rescue him was also attacked and arrested when he resisted the arrest of the ex-chief minister. Maran who is a heart patient with a pacemaker had to be admitted to Apollo Hospital after arrest.^[6] T.R.Balu and thousands of DMK cadres were arrested. M.K.Stalin surrendered before a Magistrate.^[7] Prime Minister Vajpayee condemned the arrest and demanded a report from chief secretary and Governor.^[8][9] The arrest was condemned by all across the political spectrum.^[10] It was condemned by human rights groups and even the then allies of the AIADMK.^[11]

Court Flak

Court found fault with the Government on several counts

1. Judge found fault with Chennai Corporation Commissioner Acharyalu for making a hasty complaint as he had been appointed to his post only a week ago he could not know what had happened between 1998 and 2000 when a traffic improvement committee and a high-level steering committee were set up to ease traffic and the construction of flyovers was given to contractors.He could not have known how the accused received financial benefit.
2. Acharyalu gave the complaint directly to CB-CID and not through the chief Secretary as is the normal procedure
3. Acharyalu had not consulted the engineers and councillors involved in the project before giving complaint.
4. Judge wanted the Special Public Prosecutor Mr. A. Raghunathan to pinpoint who was the main accused. Mr. A. Raghunathan replied that he could not pinpoint the main accused to the surprise of the judge.
5. Judge found fault that no investigation was done apart from Acharyalu's complaint and a few files with the corporation
6. The Judge disapproved of the manner in which the complaint was made, the FIR registered and the arrests carried out.
7. P. Padmanabhan, investigating officer said none of the accused including Karunanidhi or the other 14 accused received any pecuniary benefits raising questions about the motive of the FIR.
8. Judge was surprised that the main accused could not be pinpointed,the accused received no benefit further no investigation was done prior to the arrest leading to questioning the motive of the arrest.
9. Judge further noted the way the complaint was lodged and FIR registered without examining witnesses shows that the only motive was to arrest some people.they called an abuse of power.
10. Court wondered why in a normal corruption case, a First Information Report is filed, the case investigated, a chargesheet is made and a court decides whether to give bail to the accused or not. In this case,the FIR was filed at night and arrests were made at midnight.The accused were those leaders who were not likely to abscond.Why these procedures were not followed?

Chargesheet

The chargesheet was filed only after 4 years in 2005. This raised question as to the conduct of the government.^[12]

External links

• Judge calls Karunanidhi arrest abuse of power
• Judicial flak
• Personal agenda
• Former Chief Minister M Karunanidhi arrested

References

1. ^ TAMIL NADU'S SHAME
2. ^ Police clippings manipulated: expert
3. ^ It's veiled threat: Forensic Scientist
4. ^ Karunanidhi held in pre-dawn swoop
5. ^ rediff.com: Personal agena prevailed over rule of the law: Arun Jaitley
6. ^ They carried me out like a parcel:Maran
7. ^ rediff.com: Stalin surrenders, vows vengeance
8. ^ http://www.indiaabroad.com/news/2001/jun/30tn6.htm rediff.com: PM condemns Karunanidhi arrest]
9. ^ TN governor asked to submit report by Prime minister
10. ^ CMs, leaders condemn arrest
11. ^ Congress joins NDA in condemning Karunanidhi arrest
12. ^ is a typical DMK vs ADMK blame game that happens all the time in Tamil nadu. Have fun reading05526.asp Chargesheet filed after 4 years

[[Category:2001 in Ind