Karunanidhi midnight arrest

The scenes of arrest of 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 and kicking, out of his residence at midnight on June 30 2001 shocked the world. 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. [ [http://www.flonnet.com/fl1814/18140040.htm TAMIL NADU'S SHAME] ] 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 claimed that the Jaya TV clipping was manipulated. [ [http://www.hinduonnet.com/2001/07/06/stories/04062237.htm Police clippings manipulated: expert] ] [ [http://www.hinduonnet.com/2001/07/10/stories/04102238.htm It's veiled threat: Forensic Scientist] ]

Background

The First Information Report(FIR), based on the complaint lodged by Chennai Corporation Commissioner J C T Acharyalu on Friday night at 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. [ [http://www.thehindubusinessline.com/businessline/2001/07/01/stories/14015501.htm Karunanidhi held in pre-dawn swoop] ] 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. [ [http://www.indiaabroad.com/news/2001/jun/30tn10.htm rediff.com: Personal agenda prevailed over rule of the law: Arun Jaitley ] ]

Arrest

The Police went to Karunanidhi's house at the unearthly hour of 1-30 a.m. on June 30 and broke open the door and dragged Karunanidhi 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 and bodily lifted by police officers within the house. Murasoli Maran who went to rescue him was also attacked and arrested. Maran who is a heart patient with a pacemaker had to be admitted to Apollo Hospital after arrest. [ [http://www.indiaabroad.com/news/2001/jul/03tn9.htm They carried me out like a parcel:Maran] ] T.R.Balu and thousands of DMK cadres were arrested. M.K.Stalin surrendered before a Magistrate. [ [http://www.rediff.com/news/2001/jun/30tn5.htm rediff.com: Stalin surrenders, vows vengeance ] ] Prime Minister Vajpayee condemned the arrest and demanded a report from chief secretary and Governor. [ [http://www.indiaabroad.com/news/2001/jun/30tn6.htm rediff.com: PM condemns Karunanidhi arrest ] ] [ [http://www.indiaabroad.com/news/2001/jun/30tn22.htm TN governor asked to submit report by Prime minister] ] The arrest was condemned by all across the political spectrum. [ [http://www.hindu.com/thehindu/2001/07/01/stories/02010008.htm CMs, leaders condemn arrest ] ] It was condemned by human rights groups and even the then allies of the AIADMK. [ [http://www.rediff.com/news/2001/jun/30tn18.htm Congress joins NDA in condemning Karunanidhi arrest] ]

Court Flak

Court found fault with the Government on several counts

# 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.
# Acharyalu gave the complaint directly to CB-CID and not through the chief Secretary as is the normal procedure
# Acharyalu had not consulted the engineers and councillors involved in the project before giving complaint.
# 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.
# Judge found fault that no investigation was done apart from Acharyalu's complaint and a few files with the corporation
# The Judge disapproved of the manner in which the complaint was made, the FIR registered and the arrests carried out.
# 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.
# 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.
# 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.
# 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.FIR filed at night and arrests at midnight.These are those leaders who are 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. [ [http://www.deccanherald.com/deccanherald/May272005/national1618422005526.asp Chargesheet filed after 4 years] ]

External links

* [http://www.rediff.com/news/2001/jul/06tn5.htm Judge calls Karunanidhi arrest abuse of power]
* [http://www.frontlineonnet.com/fl1815/18150280.htm Judicial flak ]
* [http://www.rediff.com/news/2001/jun/30tn10.htm Personal agenda]
* [http://www.rediff.com/news/karuna.htm Former Chief Minister M Karunanidhi arrested]

References