The Supreme Court on Friday refused to stay the implementation of schemes for distribution of freebies to the people of Tamil Nadu from September 15, birthday of former chief minister Annadurai.
A Bench of Justice P. Sathasivam and Justice B.S. Chauhan, however, issued notices to the State, the Election Commission of India and others on a petition filed by advocate S. Subramaniam Balaji seeking transfer of the writ petition pending in the Madras High Court questioning the freebies distribution schemes to the Supreme Court for hearing and disposal. It posted the matter for further hearing on September 16.
Appearing for the State, senior counsel Mukul Rohatgi and counsel Subramonium Prasad opposed the transfer of the case saying the matter should be decided by the High Court itself.
Senior counsel Arvind Datar, appearing for the petitioner, submitted that at least two schemes – distribution of laptops to students and distribution of fans, mixies and grinders to women – to be launched on September 15 should be stayed.
Justice Sathasivam told counsel: “We can't stay implementation of the schemes. There is no discrimination in implementation. All will get it. We will decide the larger issues involved.”
The petitioner, who had earlier questioned the free Colour TV scheme of the DMK government, submitted that the present regime had also announced freebies such as mixies, grinders and laptops. No guidelines had been issued regarding beneficiaries. An important constitutional question — whether government could offer freebies to people as part of poll promises made by a political party in its election manifesto — raised in the petition must be decided by the court.
The State, in its response stated that the government had framed guidelines and issued circulars for implementation of the welfare schemes, “which are meant to promote the welfare of the downtrodden and to secure economic and social justice for them.” It said guidelines for each scheme had been framed to identify the beneficiaries and mode of distribution specified.
