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SC stay an affront to HC judges: AIADMK ally

By Our Special Correspondent

CHENNAI, SEPT. 1. The Supreme Court stay on the proceedings in the cases against the Chief Minister, Ms. Jayalalithaa, found an echo in the Assembly with an ally of the AIADMK, Mr. L. Santhanam (AIFB), describing the issue as an affront to Tamil judges in the Madras High Court.

Participating in the demands on the grants to the Police Department, Mr. Santhanam said Tamils would have to bow their heads in shame as the Supreme Court had cast a doubt on the integrity of the judges, especially the Tamil judges, in the High Court.

The Leader of the Opposition, Mr. K. Anbazhagan, rose in protest saying the matter was sub judice. ``Irrespective of the right or wrong of the issue, do we have the right to say such things in this House? Can it be proved that the Supreme Court ruling amounted to casting aspersions on all judges?'' he asked. The remarks of the member could be an encroachment on the privileges of the Supreme Court, he said.

Mr. Santhanam then clarified that he had not gone into the merits of the Supreme Court ruling. He was referring to the petition, on which the court gave the ruling, as it sought to transfer the cases from the High Court.

The member then went on to say cases were foisted against Ms. Jayalalithaa by the previous DMK Government. Again, Mr. Anbazhagan said the matter was sub judice.

Ms. Jayalalithaa, in support of Mr. Santhanam, said the AIFB member had not said anything wrong. She took up the coal import case and explained how the Supreme Court had ordered a re- trial, overturning the judgments of a special court and the High Court. She taunted the DMK members asking them whether they obtained the judgment using their influence.

When the DMK member, Mr. Durai Murugan, warned against speaking of influencing the courts, Ms. Jayalalitha recalled a statement made by the DMK president, Mr. M. Karunanidhi, wondering whether a High Court verdict in her favour was ``bought or delivered.''

Mr. Durai Murugan then said the issue was what should be spoken in the House, not what was spoken outside. Earlier, the Chief Minister sparred with the Opposition, alleging that the DMK regime had appointed judges of its choice to the special courts set up to hear the corruption cases against her.

In the previous Assembly, the then Chief Minister, Ministers and the Chennai Mayor, Mr. M. K. Stalin, spoke in a manner of giving directions to the special courts on the outcome of the cases. ``They said Jayalalithaa will be consigned to prison for 30 years,'' she said.

The Chief Minister's angry observation came in response to the DMK member, Mr. E. Pugazhendi, who said his party had no faith in the commissions set up to look into the August 12 DMK rally and the alleged police excesses during the arrest of Mr.Karunanidhi.

Accusing Mr.Pugazhendi of ``imputing motives'' to the retired judges heading the inquiry panels, the Chief Minister said, if he made a similar statement outside the House he would be jailed, as it was a crime under the Commissions of Inquiry Act.

When Mr. Anbazhagan intervened to assert that it was the right of an individual to accept or reject an inquiry commission, the Chief Minister insisted that it was improper to impute motives to the Judges.

To this, Mr.Pugazhendi, referring to the Chief Minister's remark that he would land in jail for his remarks, said: ``Time will decide who goes to jail''.

The member asked why the Government was attempting to stall the probe by the National and State Human Rights Commissions into the alleged human rights violations during the arrest of Mr. Karunanidhi and the search for Mr. Stalin. ``Will you accept their recommendations?'' he asked. However, the Chief Minister maintained that there was no untoward incident at the time of the search for Mr. Stalin in his house.

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