The Madras High Court on Wednesday directed the State government to file an affidavit in three weeks on action taken against those who put up banners and posters denigrating the judiciary after a Special Court in Bangalore sentenced the former Chief Minister, Jayalalithaa, in the disproportionate assets case.
The First Bench, of Chief Justice S.K. Kaul and Justice M. Sathyanarayanan, passed the order on writ petitions that said local bodies were passing resolutions condemning the judiciary and the judge who passed the verdict. Such actions of the ruling AIADMK were unlawful. Meetings, fast and demonstration were being organised against the judge and motives were attributed to the judiciary, they said.
‘No police permission’P. Wilson, counsel for R.S. Bharathi, a petitioner, said the police knew that meetings were to be conducted to condemn the judiciary, which should be protected so that the common man did not lose faith in it. The police had not granted permission for the meetings.
R. Vaigai, counsel for S. Jimraj Milton of the Human Rights Protection Centre, Chennai Wing, said a banner had been put up on the Marina. No strict instructions were issued to officers for effective action.
Advocate-General A.L. Somayaji said these acts were not committed with the connivance of officials or the police. He submitted a report, filed by V. Palanikumar, Additional Secretary, Public Department, on the situation in the State.
The report said the government had directed the Collectors and the Police Commissioners to keep a close watch on the law and order situation on September 27. After the verdict was delivered, AIADMK workers resorted to picketing, demonstrations and stone-throwing. In some places, members of rival parties assembled near the houses of their leaders and celebrated the verdict, causing resentment among AIADMK workers and setting the stage for confrontation.
The police intervened and restored peace. Patrolling was intensified throughout the State. In most places, “government bus services were maintained.”
As a preventive measure, 7,193 persons were arrested between September 27 and October 3. A total of 108 cases were registered for specific incidents and 177 persons arrested.
Objecting to the report, Mr. Milton filed an affidavit that said there was no reference to any particular circular or instruction issued by the government to ensure that life was not affected and essential services were maintained. No orders had been issued under the Essential Services Maintenance Act. The report was also silent on why no case was filed under the law meant to prevent the destruction of public property and the Criminal Law Amendment Act.
The cases have been posted for November 11.
