Noting that it is against the Constitution to restrict a person from entering a particular place, the Madras High Court on Tuesday reserved its order on the DMK’s plea to allow its working president M.K. Stalin to visit any water body in the State being desilted by its cadre.
The DMK, represented by its Legal Wing Secretary R. Girirajan, also sought an interim order allowing Mr. Stalin, who is also the Leader of the Opposition, to travel to Erumapatti village in Edappadi taluk in Salem district to supervise the desilting of the Katcharayan Kuttai. The village is part of the Chief Minister’s constituency.
“It is against the Constitution. How can you restrict a person from entering a particular place?” asked Justice M. Duraiswamy. The judge asked senior advocate R. Shanmughasundaram, representing the DMK, to restrict the number of people who will travel with Mr. Stalin to Katcharayan Kuttai to 25. “The number of people accompanying the Opposition Leader can be restricted, but he cannot be prevented,” he observed.
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‘Nothing wrong with visit’
Additional Advocate General S.T.S. Moorthy told the court that the government was not against granting the main prayer. “He [Mr. Stalin] is already visiting; the government is not preventing....However, the interim prayer, visit to Edappadi, is vehemently opposed by the government as desilting has not been done by the DMK cadre,” he said. In a counter-affidavit on Monday, the Salem Collector had told the court that the desilting of the tank in question was being done by individual agriculturists.
Mr. Moorthy said that if the interim prayer is granted, “everybody will claim credit.” But Mr. Justice Duraiswamy countered, “Assume government is carrying out the work. Let him visit. What is wrong in him visiting?”
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Mr. Moorthy told the court that the interim prayer was too specific and that it was a “prestige matter” intended to “boost party cadre.” He reminded the court that law and order issues were reported in 32 places as a result of Mr. Stalin’s July 27 attempt to visit the tank. “The court is asking you to take care of the law and order problem. Police should take care,” said Mr. Justice Duraiswamy.
The AAG said that Mr. Stalin’s visit would affect the investigation into two cases of sand theft registered as a result of the desilting efforts at Katcharayan Kuttai tank. “All these matters, let the authorities proceed in accordance with the law,” said the court.