Controversy of arrests in Tamil Nadu about construction of flyovers


On 30 June 2001, Karunanidhi, Ex-Chief Minister of Tamil Nadu from 1996 to May 2001, was arrested along with sitting Central Ministers Murasoli Maran and T.R. Baalu. This event marked the first incident in the history of Independent India that a Central Cabinet Minister was arrested. The incident began when the seventy-eight-year-old former Chief Minister was taken from his residence. Within hours, images of the arrest were broadcast on Sun TV and other network stations. Footage shown on Jaya TV saw him continuously resist arrest.[1]

Karunanidhi

Background

The First Information Report (FIR) was based on a complaint lodged by Chennai Corporation Commissioner J. C. T. Acharyalu on 29 June 2001. Mr. Acharyalu became Corporation Commissioner following the May 2001 assembly elections held by the Jayalalitha Government. He had been kept under suspension by the Karunanidhi Government.[2] The complaint related to alleged losses of ₹12 crore (equivalent to ₹38 crore or US$5.4 million in 2019) in the construction of the mini-flyovers in the city of Chennai. The police complaint was lodged on Friday, 29 June at 9:00 pm, and the arrest took place a few hours after midnight. Because there was, allegedly, little time to conduct an investigation, Arun Jaitley, Union Law Minister wrote that "the initial impression appears to be that personal agenda is being given preference over the rule of the law."[3]

Arrest

Reports indicate that at 1:30 am on 30 June, Karunanidhi was asleep in the upstairs bedroom of his home when the police broke open the door and asked Karunanidhi to get dressed. The police cut the telephone lines to the house. A television clip showed Karunanidhi falling down and being shoved, pushed, beaten and lifted by police officers in 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 was sick from his heart with a pacemaker, was admitted to Apollo Hospital after his arrest.[4] T.R.Balu and thousands of DMK cadres were arrested. M.K.Stalin surrendered before a Magistrate.[5] Prime Minister Vajpayee condemned the arrest and demanded a report from chief secretary and Governor.[6][7] The arrest was condemned by many groups across the political spectrum[8] including both human rights groups and the Indian National Congress, otherwise known as a political ally of the AIADMK.[9]

Court finds fault with the arrest

The court found several faults with the police's handling of the situation:

  1. A judge found fault with Chennai Corporation Commissioner Acharyalu for making a hasty complaint. They alleged that because Acharyalu had been appointed to his post only a week earlier, he could not have known what had happened between 1998 and 2000. At that time 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 benefits.
  2. Acharyalu made the complaint directly to CB-CID and not through the chief secretary, as is the normal procedure.
  3. Acharyalu had not consulted the engineers nor council members involved in the project before making a complaint.
  4. The judge wanted the Special Public Prosecutor, Mr. A. Raghunathan, to pinpoint who was the main accused. To the surprise of the judge, Mr. A. Raghunathan could not pinpoint the main accused.
  5. The judge criticized the fact 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. Investigating officer, P. Padmanabhan, said that none of the accused (including Karunanidhi and the other 14), received any pecuniary benefits. This raised questions about the motive of the FIR.
  8. The judge was surprised that the main accused could not be pinpointed; that the accused received no benefit; and that no investigation was done prior to the arrest, all leading to his questioning the motive of the arrest.
  9. The judge further noted that the way the complaint was lodged and FIR registered without examining witnesses shows that the only motive was to arrest some people. The judge suggested that this was an abuse of power.
  10. The court wondered why, in a normal corruption case, a First Information Report would be filed, the case investigated, a charge sheet would be made and a court would decide 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. The court asked why these procedures were not followed.

Charge sheet

The charge-sheet was filed only after 4 years, in 2005. This raised questions as to the conduct of the government.[10]

References
  1. T.S., Subramanian (7 July 2001). "Tamil Nadu's Shame". Frontline. Chennai: The Hindu Group. 18 (14). Retrieved 3 May 2016. While Sun TV kept telecasting its footage of the treatment that Karunanidhi and Maran received at the hands of the police, Jaya TV started telecasting on July 1 counter-footage. This showed that the situation was calm when the policemen arrived at Karunanidhi's house. In this version, there is no roughing up or jostling of the former Chief Minister. The situation takes a turn with the arrival of Maran. He picks up a quarrel with the police officers and resists spiritedly.
  2. Chennai Bureau (30 June 2001). "Karunanidhi held in pre-dawn swoop -- Jailed on corruption charges". The Hindu Business Line. Chennai: THE HINDU group of publications. Archived from the original on 14 May 2005. Retrieved 26 July 2016.
  3. Jaitley, Arun; Bhatt, Sheela (30 June 2001). "Personal agenda prevailed over rule of the law". Rediff OnTheNet. New Delhi. Archived from the original on 28 September 2007. Retrieved 26 July 2016.
  4. Iype, George (3 July 2001). "'They carried me out like a parcel': Maran". Rediff OnTheNet. Madras. Archived from the original on 28 September 2007. Retrieved 26 July 2016.
  5. Madras Correspondent (30 June 2001). "Stalin surrenders, vows to fight back". Rediff OntheNet. Madras. Archived from the original on 3 July 2001. Retrieved 26 July 2016.
  6. Bhatt, Sheela (30 June 2001). "PM condemns Karunandhi arrest, seeks details". Rediff OnTheNet. New Delhi. Archived from the original on 25 August 2010. Retrieved 3 May 2016.
  7. Sahay, Tara Shankar. "TN governor asked to submit report". Rediff OnTheNet. New Delhi. Archived from the original on 25 August 2010. Retrieved 3 May 2016.
  8. K, Balchand (1 July 2001). "CMs, leaders condemn arrest". The Hindu. Patna. Archived from the original on 28 January 2002. Retrieved 3 May 2016.
  9. Sahay, Tara Shankar (30 June 2001). "Congress joins NDA in condemning Karunanidhi arrest". Rediff OnTheNet. New Delhi. Archived from the original on 21 August 2001. Retrieved 3 May 2016.
  10. DH News Service Chennai (27 May 2005). "Charge-sheet filed against MK, Stalin in flyover scam". Deccan Herald. DH News Service Chennai. Archived from the original on 27 May 2006. Retrieved 3 May 2016.
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